I have over last few years made numerous phone calls to the prtb regarding legal tenant evictions and other related issues and I have recorded the their answers in no particular order. I hope this is a useful resource for other landlords. Some of it is minutia but still useful to know.
LANDLORDS MUST REMEMBER THAT NOTICES MUST CONTAIN DETAILED LEGAL CONTENT. EVEN THE MOST DILIGENT LANDLORD MAY MAKE ERRORS. IN ALL HONESTLY – ISSUING A NOTICE WITHOUT HAVING A SOLICITOR REVIEWING IT IS VERY UNWISE!!!!!
What if landlord issues “intention to sell” notice but then decides to move into house himself and let to a licensee / lodger. Does he have to offer this tenancy to evicted tenants? The act only mentions taking in a new tenant but does not cover licensees which would indicate that one is free to proceed.
During adjudication –do parties get a chance to present submissions privately to adjudicator. No – all public
How long after adjudication hearing does one hear result. 2/3 weeks
How long after dispute is submitted is other party notified. 1/2 weeks
Does tenant have access to full tenancy registration form or just the tenancy database? He gets letter confirming his registration but not full details.
Can I be asked in an overholding dispute why I want to sell the house? Possibly
Mediation – does it happen over an hour – a day – a week etc..... 2 - 4 days but this be approx
Is the waiting period for mediation less than adjudication? Mediation - 9 weeks // – adjudication 3/4 months
Can a tenant sue a landlord for allegations made at hearing that landlord cannot prove? Better to have evidential back up
My phone number is private but it must be included in the dispute form. Tenant receives copy of this form but I do not want tenant to have my number. How do I resolve this? Attach a note to dispute form requesting number be kept private
Also, can tenant access my mobile number by looking at registration on PRTB website? No
In a dispute hearing, is either party obliged to submit the questions they intend asking prior to the dispute hearing? No – only copies of documents intended to be used at hearing must be shared.
If landlord issues notice as he intends to move into house, what period must expire before he can let house again. One year lapse and one can do as one pleases.
Is it ok if landlord want to offer tenant payment to leave or could this be interpreted as intimidation? Not prohibited
If a tenant is evicted with an “”intention to sell”” notice and the landlord afterwards changes his mind and decides to move permanently into house – can landlord be sued? Landlord would be in breach but can inform tenant and appeal to PRTB and request permission from PRTB
Does PRTB get involved if tenant does not pay utility bills? Tenant obliged to pay bills and dispute can be launched.
Does failure to stipulate “”3 month requirement”” on intention to sell notice render it invalid? Most likely not omission might not invalidate notice. Sometimes notices with just one simple error are validated and sometimes not.
Is it a requirement on eviction notices that the landlord states that should the “”intention to sell”” not be followed through with that the current tenants have first option should house become available again or is this just presumed? Yes must be included but omission might not invalidate notice. Sometimes notices with just one simple error are validated and sometimes not.
If I issue notice because selling dwelling and then tenant refuses to pay rent – can I issue 2nd notice for rent arrears – does this effect original day notice? Yes – notices can run concurrently
What happens if tenant denies receiving notice letter? Bring witness, deliver in person, take video of delivery
Can I have a solicitor issue the 14 day notice letters to ensure tenant cannot deny receipt. Unusual but can be done
Please clarify meaning of “require house for own use” does it mean that I must have no other place to live or that I simply want to move in myself? New legislation tightening up this issue and declaration document proposed. One PRTB Rep says legally ambiguous and one says “wants” is sufficient.
If dispute opened by landlord – how does PRTB communicate with tenant re dispute? Phone or letter.
Is it advisable to notify PRTB when notice has been issued? Can do so if I wish.
Should I put tenancy registration number on the notice. Can do but don’t have to.
Should I stipulate eviction date exactly on the required number of day expiration or should I choose a date 2 or 3 day after. Better to choose a date 2 or 3 days after to avoid any ambiguity.
If I need to remove multiple tenants in one dwelling for overholding – do I (or PRTB) – take one case against all tenants or a case against each individually? One case against all.
Regarding commitment to sell notice – must I sell within 3 months or just show evidence of intention to sell. Show evidence
What if rent is paid after 28 day non payment notice is issued – does landlord have to withdraw notice? No – landlord does not have to withdraw
Can solicitor represent landlord at adjudication hearing or mediation process? Yes
Having issued 14 day warning for non payment of rent and tenant addresses arrears on last day of month but then fails to pay following months rent by 14th day, must I go through whole procedure again? Yes, procedure must be started again.
If tenant does not leave at expiry of notice – does continued acceptance of rent into my account deactivate notice? Continued receipt of rent by landlord does not deactivate notice or constitute a recognition by landlord of an ongoing tenancy.
If tenant overholds – does this deactivate commitment to sell? No it doesn’t – if house becomes available to let again – tenant must be given first refusal.
If notice is issued on commitment to sell but after tenant leaves the landlord decides to live in the house. Can landlord appeal to have PRTB permit this? There may be some flexibility here?
In a house sharing scenario, does period of notice depend on when each individual entered the house or is each individual entitled to period that earliest tenant entitled to? Each tenant only entitled to period relating to their individual entry date..
Bacause each tenant is only entitled to a period relating to their time in the house – the intention to sell cannot be implemented until longest tenant leaves so the “3 month intention to sell” commitment cannot be met. How does this effect things? Doesn’t effect things as long as I don’t re let the house at any stage. 3 months after last tenant departs is fine.