No Statutory Declaration on Notice to Quit.

[DingDing]

HI,

A friend of mine got a notice to quit his tenancy in writing, but it did not include the statutory declaration. The landlord was looking for the property for an immediate family member.

They appealed to the tenancies board, however, they replied saying that they would not adjudicate as it was not within the time limit for raising a complaint.

Any ideas on what options are available to my friend?

 

[DannyBoyD]

Start looking for another home.

At best the property owner will have to reissue the notice correctly & that will buy a small amount of time. But in reality that will be a few weeks at most & tenant will need to vacate by the date given.

 

[DingDing]

My friend is a long term tenant in the property. So the notice period is a long time.

If the landlord tries to enforce the original notice where does this leave my friend.

Should he request the statutory declaration. And does this reset the clock.

The landlord would know the RTB will not stand beside the tenant.

The issue is that there is a complete lack of suitable accommodation and this will make my friend homeless.

 

[Brendan Burgess]

Who would want to be a landlord in this country?

 

[Premos]

They already appealed but were too late. The delay to appeal is there I suspect so that the process is not extended further than necessary.
I do understand your friend predicament. However you seem to suggest that a long notice was already given. The LL is not responsible for the personal situation of your friends and wants to find accommodation for his own family. So I will indeed encourage your friend to find an alternative. Or contact appropriate services.

 

[Leo]

The issue is that there is a complete lack of suitable accommodation and this will make my friend homeless.

The landlord might be looking at a choice of a tenant or a family member being homeless. If you were in their shoes, which would you choose?

 

[DannyBoyD]

If the landlord tries to enforce the original notice where does this leave my friend.

They have to find other accommodation

Should he request the statutory declaration. And does this reset the clock.

As previously advised, notice can be reissued - at best it will give you a few more weeks.

The landlord would know the RTB will not stand beside the tenant.

There is no 'standing by' here - once a valid notice to quit is issued, tenant is obliged to leave on or before the given date.

The issue is that there is a complete lack of suitable accommodation and this will make my friend homeless.

Tenant has 6 months or so to find alternative accommodation; it may not be easy, all the more reason to start now.

 

[JoeRoberts]

They have to find other accommodation

As previously advised, notice can be reissued - at best it will give you a few more weeks.

There is no 'standing by' here - once a valid notice to quit is issued, tenant is obliged to leave on or before the given date.

Tenant has 6 months or so to find alternative accommodation; it may not be easy, all the more reason to start now.

And being able to show they exited the last tenancy on good terms will be a necessity in seeking next tenancy. Difficult to overstate the importance of this and the lack of foresight in risking it by going through a technical appeal process that would only delay the inevitable.