I issued my tenant a NoT on 13/05/2015 giving him 117 days to vacate copy of NoT this is a copy of it, blanked out names.
13th May 2015
To: ______________________
The tenancy of the dwelling at ___________________ will terminate on September 7th 2015 (117 days notice)
The tenant has the whole 24 hours of the termination date to vacate the possession.
I ____________ require the dwelling for my own occupation for foreseeable future.
Any issue as to the validity of this notice or the right of the landlord/tenant to serve it must be referred to the Private Residential Tenancies Board under part 6 of the Residential Tenancies Act 2014 within 28 days of receipt of it
This notice is served on 13th May 2015
Signed ____________________
The tenant did not move out on 7th September 2015.
I contacted the PRTB in relation to the tenant over holding and there was a hearing on 07/10/2015. The tenant did not make an appearance. On 23/10/2015 I received the Adjudication Report from the PRTB.
Which states the following:
Summary of Reason
That the notice of Termination was not accompanied by a notice nor did it contain a statement informing the tenant that the landlord, by virtue of the notice, is required to offer the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied-
the dwelling is vacated by the person due to occupy the premises within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice referred to the Board under Part 6 for resolution, the final determination of the dispute, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the grounds specified in paragraph 1,2,3, or 6 of the Table in s.34 of the 2004 Act, as required pursuant to art. 4 of the Table in Section 34 of the residential Tenancies Act, 2001
Determination
The Notice of Termination served by the Applicant Landlord is invalid
The Applicant Landlord's claim in respect of over holding is not upheld
Can anyone explain what the above means and what I "a notice"
Really appreciate any help here. as I now need to serve another NoT