Dispute with RTB on overholding

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Colin4444

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I opened dispute with RTB as tenants were supposed to move out 30th May.. My NoT was issued last October by a solicitor.
Got an email from RTB and they have asked:

"Can you confirm that you sent the RTB a copy of the Notice of Termination on the same day you sent it to the Tenant? You need to submit a copy of that notice, along with proof that it was sent to the RTB on the same day as the tenant as evidence to your case. "

The solicitor provided email receipt by RTB saying they received on the 15th Oct, however the tenant didnt receive til the 16th Oct, it was posted on the 15th but not received til the 16th..

Is my NoT invalid now, and if so Im getting my money back from solicitor - €650..
 
Colin4444 said:
"Can you confirm that you sent the RTB a copy of the Notice of Termination on the same day you sent it to the Tenant? You need to submit a copy of that notice, along with proof that it was sent to the RTB on the same day as the tenant as evidence to your case. "

The solicitor provided email receipt by RTB saying they received on the 15th Oct, however the tenant didnt receive til the 16th Oct, it was posted on the 15th but not received til the 16th..
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1. "Can you confirm that you sent the RTB a copy of the Notice of Termination on the same day you sent it to the Tenant?

  • You confirm this

2. You need to submit a copy of that notice,
  • So you have a copy of the notice and you send them that
3. along with proof that it was sent to the RTB on the same day as the tenant as evidence to your case. "

The solicitor provided email receipt by RTB saying they received on the 15th Oct
  • So you have proof that it was sent to the RTB on the 15th Oct, and you send them that.
4. however the tenant didnt receive til the 16th Oct, it was posted on the 15th but not received til the 16th..

  • Do you have proof that you sent the notice to the tenant on the 15th Oct. If you do you send them that. Do not mention anything about ‘date of receipt’
Can you be VERY specific as to the wording used by the RTB please. Ideally a scan of the letter to you (deleting identifying details)
 
Colin4444 said:
Is my NoT invalid now, and if so Im getting my money back from solicitor - €650..
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You're being ridiculous. And I cannot believe it cost you this much. The solicitor did the work and you agreed the fee. There is no way you are getting your money back. But this is not your main issue. As far as I'm concerned your NofT is invalid because it was not sent to the RTB on the 16th. Last October your solicitor would not and could not have known that the High Court would make a ruling that is contrary to the rules on the RTB website last October about 'sent' and receipt'.

Now you might be lucky, and your tenant moves out. And you might be lucky that the RTB person writing the letter doesn't understand the NofT has to be received on the same date by tenant and RTB. (the 16th) But you are back to square one if the tenant takes a case to the RTB on the validity. Which is why for years I've been advising every landlord on here to talk to the IPOA for advice, and to take a Case against yourself to the RTB on the validity of the notice.
 
Bronte said:
You're being ridiculous. And I cannot believe it cost you this much.
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Your saying Im lying?

Why ridiculous? yes I agreed and paid a fee for a service, but if the service did not fullfil its intention then why would I not want some sort of recompense? Irish attitude, if the food is awful and waiter comes over and asks if all OK, yes fine delicious :)

TBH when I was looking for a solicitor to issue my NoT I had been quoted up to 1500... Its Ireland alot of chancers out there.

I have proof that it was sent to both on the same day
 
How do you know what day the tenant received the notice?

Presumably you only know (and hopefully can evidence) what day it was actually posted.

As advised above, just answer the actual questions asked by the RTB.
 
Colin4444 said:
Your saying Im lying?

Why ridiculous? yes I agreed and paid a fee for a service, but if the service did not fullfil its intention then why would I not want some sort of recompense? Irish attitude, if the food is awful and waiter comes over and asks if all OK, yes fine delicious :)

TBH when I was looking for a solicitor to issue my NoT I had been quoted up to 1500... Its Ireland alot of chancers out there.

I have proof that it was sent to both on the same day
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No I'm not at all saying you're lying, just that your solicitor did supply the service and you won't be getting your money back. And my goodness €1500 is unbelievable, my solicitor didn't charge us anything. And based on that experience I'll be avoiding solicitors entirely, we (my sibling and I) did a better job ourselves, if I did consider a solicitor I'd contact Terry Gory (no connection but he seems like a man knows his way around this exceedingly complex and indecipherable law/rules/guidance/High Court/RTB area. )

That's great you have the two proofs required. Genuinely glad for you that you do. And it will be champagne day for you if you get the tenant out. The relief when I got my tenants (multiple) out was unreal.
 
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So, you sent the letter yourself by registered post?

What exactly do you think your solicitor did wrong?

A fee of €650 (which presumably includes VAT and outlay) seems reasonable to me.
 
Colin4444 said:
If my NoT is declared invalid, otherwise why else would I go to solicitor?
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I do not believe there is a single solicitor in the country can make their way thru the legislation. The last one is unreadable. And the man who spoke about it best was Alan Shatter (solicitor and ex Justice Minister and Legal writer)

www.irishtimes.com

New rent Bill would add to an incomprehensible jumble and is possibly unconstitutional

This deeply flawed Bill will not in any way resolve the issue of high rents, argues Alan Shatter
www.irishtimes.com www.irishtimes.com
 
Can you be clear about what exactly happened?

Did your solicitor issue the NoT to the tenant by certified post? If so, how were you able to track delivery?

Again, why do you think the NoT is invalid?
 
Shatter:

The reality is that since enactment in 2004 of what the 2026 Bill references as “the Principal Act” there have been 14 amending and related Bills enacted; the 2026 Bill is the 15th. Add the 2026 Bill to the mix and the law will be an incomprehensible jumble of complexity, incomprehensible to the general public, practically beyond any common sense oversight and only intelligible to specialist lawyers with the capacity to engage in intellectual legal gymnastics of an Olympian standard.

I don't think anyone can dispute that the entire legislation is a mess ....
 
Sarenco said:
Again, why do you think the NoT is invalid?
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I imagine the written Notice is correct, but because it was not 'served' on the same day, to the tenant and RTB then the Notice is actually invalid.

RTB told landlords posting date = service date. The High Court says it doesn't. Accommodation providers set up to fail?

High Court judgement published during the week: Argutinski v RTB [2026] Link A High Court judgment from March 2026 has exposed a serious error in the RTB's own published guidance on notices of termination, with potentially thousands of cases affected over the past 5 years. What happened? A...
www.askaboutmoney.com
 
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