Did you know your warning notice has to go to the RTB too?

Wavelly said:
I will definitely be asking for a draft copy of the NoT before it’s issued
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My solicitor got it wrong, but we were able to fix and reserve, were not in a hurry. When we took the RTB cases against ourselves, some of the notices were valid and some not. But the notices were all exactly the same !
 
Stormy, I've gone searching my emails for my RTB determination orders and you know what, I knew about the warning notice. I sent this query to the RTB a few years ago:

  • user_message: Hello, When I end a tenancy there is a warning message about a notice to send to you. What is this notice for?
This was the email reply to me from the RTB:

Dear xxxxxx

Thank you for your email of xxxxxxxxxxxxx

Can you please provide us with the application / registration number for the tenancy you are enquiring about, or the rented dwelling address with the Eircode, so we can check the registration for you?

For a tenancy that was over 6 months, where a landlord has terminated it, they must also send the RTB a “Notice of Termination Return form” within 28 days after the termination date.

For sample notices and notices return forms, please follow this link https://www.rtb.ie/forms-documents.

Thank you for your time and patience.

I hope the above information has been of assistance. Please do not hesitate to contact us at Registration@rtb.ie should you have any further queries.

Kind Regards,
xxxxxxxxxxxxxxx

Residential Tenancies Board An Bord Um Thionontachtai Conaithe,
PO Box 47 Bosca PO 47
Clonakilty Cloich Na Coillte
County Cork Contae Chorcai
( Lo-Call 0818 303037 or 01 702 8100
 
Wavelly said:
Yes I agree - I will definitely be asking for a draft copy of the NoT before it’s issued, and checking they know to issue to RTB the same day. I think there is more knowledge in this forum than most industry professionals would have at this stage!
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Would you mind detailing all your experiences please on here, step by step please.

Here is a cleansed version of my own Positive Determintion order:

Adjudication Report

Applicant Landlord(s): Respondent Tenant(s): Address of Rented Dwelling: Dispute re: Adjudicator: Adjudication held on: Venue:

In attendance: The applicant landlord appeared at the hearing accompanied by her

There was no appearance by the respondent tenants. As I was satisfied the respondent tenants had been properly served with notice of the hearing and after waiting a reasonable amount of time, I proceeded with the hearing.


Documents submitted at hearing There was one case file submitted to the RTB by the applicant landlord in advance of the hearing and this was circulated to all of the parties. The applicant landlord submitted the same documents to the adjudicator via email during the hearing as the documents in the case file were

Submissions Submissions on behalf of the Applicant Landlord. The applicant landlord gave the following evidence.

stated that she wished to sell the dwelling w

She has a good relationship with the tenants and has been in contact with them regarding this issue

A notice of termination was served on each of the tenants on

By

each of the tenants signed the notice of termination on receiving it. Photographs of these signed documents were submitted in evidence. The notices of termination were accompanied by a statutory declaration.


The tenants have sought housing assistance from X council

and have indicated that they need proof of the validity of the notice of termination in order to obtain housing assistance. It is for this reason that the landlord brought a claim to the RTB; to have the validity of the notice of termination upheld.

The notice of termination for served on the tenant on is valid.

The tenancy is a Part 4 tenancy

The statutory declaration as referred to above accompanied the notice of termination.

It is found that the statutory requirements of a valid notice of termination as set out above have been complied with.

The tenants have been given 230

The required notice period where the tenants have been in occupation for not less than x years is 224

This has been complied with.
____________________________________

We were getting really good at the notices by the time we had this virtual hearing. My sibling physically served the notice and got the tenants to sign them, the tenant was paying the rent, the RTB case file was so bad that my adjudicator asked me to send the file by email on the day of the Virtual meeting. I gave more days notice than required to cover myself. Then I took a case against myself, it says above the case was for teh tenant to get housing and needed an RTB order, but that's not why I took the case. the IPOA had advised me to take a case against myself on Validity of Notice - I do not know if this can still be done, ask the IPOA. My sibling attended the case in order to back up the serving of the notice.

Despite this worthless Determination Order in my favor the tenants didn't leave until I threatened them with court via a solicitors letter. They were up to all sorts and didn't not want to risk their names in court.
 
Threshold and the Council - housing lists

I forgot about this bit, just looking at my emails. What I did with the RTB was not good enough. The Council (housing) said they needed a Letter of Validation to help the tenant with housing. And this Letter of Validation had to come from Threshold.

- they were literally making up stuff to stop me getting rid of the tenant !

Here is the email from the council to me:

Dear Bronte,

As per my email I advised the applicant.

- We received a notice of termination without a letter of validation. I advised the applicant to contact Threshold for validation.


As part of the process, the applicant has to ask Threshold to validate a notice, any notice served in Ireland has to be validated by Threshold.


Thank you
 
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stormy said:
Thanks for flagging Bronte .
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You know I had completely forgotten how difficult it was to get the tenants out, it was unreal the effort it took. Sometimes looking back it's exhausting what had to be done. My only solution now is to be as aware and up to date with the current rules (old rules no longer apply to me), so I 'only' have to concern myself with rules from this year. AAM is a real learning curve with you guys.
 
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