Adjudication appeal-will it affect termination date?

U

usefulrancher

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Hello,
Quick question that I can't find a clear answer to- My tenant brought an adjudication case and rtb ruled in her favour and decided that I have to compensate her just under 900 euros. At the same time that this was going on, I gave her a notice of termination-intend to sell. She got the full 224 days which ends on July 31st.

My question is if I appeal the adjudication, will it give her an excuse to stay on after 31st July?
 
I don't know the answer to your question.

But it seems clear to me that you should not appeal. Don't give her any excuse. Just sell the house.

You feel that the decision was wrong but presumably she felt that it was correct. So there is a very good chance that you would lose the appeal anyway.
 
usefulrancher said:
My question is if I appeal the adjudication, will it give her an excuse to stay on after 31st July?
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What were the grounds on which she won? And what are the grounds you feel you can appeal?

Yes tenant's will use any circumstance to stay on in a market where there are no options to move. Who drafted your N of Termination? Have you done this by the book .....
 
Yes I think I will just pay it and hopefully be done with the whole thing. It's not a huge sum of money just the principle of it as I didn't think I got a fair hearing and a lot of stuff that she's been up to didn't get heard.
The NoT was done by the solicitor so hopefully it's correct but there are no guarantees as we all know.

Thanks for all the replies my mind is made up.
 
usefulrancher said:
It's not a huge sum of money just the principle of it as I didn't think I got a fair hearing and a lot of stuff that she's been up to didn't get heard.
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You can't expect a fair hearing from the RTB.

You'll be doing well if the tenant leaves in July without any further issues.

I know it is galling, but if you escape with the loss of only €900 and no other problems, you're doing well.
 
JamieB_ said:
What happens if you just dont pay it like tenants dont pay back rent?
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The tenant will chase the OP through the Courts with the assistance of the RTB (the RTB does not provide the same service to landlords chasing tenants for property destruction or unpaid rent).

For the sake of €900, why bring this hassle on yourself.

Pay it, sell the rental and be glad that worse didn't happen.
 
I was thinking they could tell the tenant that they wont appeal the €900 if they leave on time, but if they dont leave then you will appeal it and it might get overturned.
 
The tenant has now appealed the adjudication even though she was awarded compensation. Probably as a way of delaying the termination date I suppose. According to google it can take up to 6 months before the tribunal case is heard.
 
usefulrancher said:
The tenant has now appealed the adjudication even though she was awarded compensation.
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Are there 2 separate things happening?

You have a notice of termination that is in progress and there is another case in progress (rent or something)?

I think you still need to raise a case in regards to the notice of termination immediately if the tenant doesn't leave by the notice date. Don't wait until the rent case is over before raising the NoT case.

I am not sure if the RTB link cases together though, so maybe this is a viable strategy for the tenant.

There is a recommendation that the landlord should raise a case about their own NoT as soon as they deliver it. That has the advantage that you get a decision on its validity earlier.

You need to keep your eyes on the NoT, that is what is important.
 
LarryScott said:
There is a recommendation that the landlord should raise a case about their own NoT as soon as they deliver it. That has the advantage that you get a decision on its validity earlier.
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I was just about to post the same as @LarryScott

Make sure you have a determination order confirming your NOT is valid. Otherwise you can't start the court process to get them to leave.
 
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Yes there are two separate things happening. She started the adjudication case for a number of other things, after this started I decided to serve a NoT and sell. She's entitled to the max 227 days so it's long running. I'm just not sure if one thing affects the other.
If I raise a case about the NoT does that reset the clock on the 227 days? It was issued last November and expires end of July so maybe it's risky to do this at this point. Threshold are involved so it's entirely possible they will try to find it invalid
 
usefulrancher said:
If I raise a case about the NoT does that reset the clock on the 227 days?
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No. The dispute to confirm the validity of the notice of termination runs independently of the notice itself. You are better off kicking that off now if you think their are going to stick their heels in.


usefulrancher said:
It was issued last November and expires end of July so maybe it's risky to do this at this point.
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I don't think it's risky at all. If there is a genuine issue with it, Threshold will be all over it anyway. So you are better off finding out sooner rather than later. The RTB are the only body that can opine definitively.
 
So I opened an adjudication case against myself to check if the NoT is valid, and I've been contacted twice now by the rtb to tell me that it is not necessary and once it has passed the 90 days the tenant can't dispute it.
They have now closed the case. The tenant is due to leave in just over a month.
 
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