How long after eviction date has lapsed can you raise a case with RTB

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Colin4444

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Hi all,

As I have mentioned before my tenants eviction date is fast approaching -> 30 May
They are going to overhold as they are in the process of getting mortgage approval, which may take another 3 - 5 months - taking this long as they are going through a government scheme as well and she just started a job in March so needs to wait the full 6 month probabtion period (this is all another story)

I am just wondering how long after 30 May can I raise a case with RTB on overholding - is it OK to open in September for example?

I do realise that its pointless, but I just want to follow the rules, if the tenants mortgage falls through I doubt they'll move and not much I can do about it!!
 
Colin4444 said:
how long after 30 May can I raise a case with RTB on overholding
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31st May

Colin4444 said:
- is it OK to open in September
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Bad idea, start the process straight away. Don't give them tacit permission to overhold, even if you are sympathetic & totally understand their position.

You can explain that you have to follow the rules, it isn't anything personal to them.
 
DannyBoyD said:
Bad idea, start the process straight away. Don't give them tacit permission to overhold, even if you are sympathetic & totally understand their position.

You can explain that you have to follow the rules, it isn't anything personal to them.
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Yeah, I had every intention of having a chat with them and explain exactly as you said about following rules..
Will do that then, may just give em a call and explain..
 
Mad, when you do a google search to 'make a complaint with rtb' its all one sided, just about disputing . reporting landlord, how about landlord making a complaint?


1779356247731.webp
 
Colin4444 said:
Mad, when you do a google search to 'make a complaint with rtb' its all one sided, just about disputing . reporting landlord, how about landlord making a complaint?
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It's one sided because it's an AI summary which predicts what it thinks you want to hear, and most complaints to RTB are about landlords.

Add "about tenant" to your search.
 
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Colin4444 said:
Mad, when you do a google search to 'make a complaint with rtb' its all one sided, just about disputing . reporting landlord, how about landlord making a complaint?
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You’re being very amateurish Colin. This is very serious stuff.

Who drafted your NofT? Can you scan a copy of it up on here. Delete identifying features.
 
DannyBoyD said:
I found it on the RTB site in 20 seconds.
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Please share, would it be possible your more familiar with the website than me? Ive never had the need so far to use it, other than registering tenancy..

Even if I search the site I get:

1779437959573.webp
 
Bronte said:
You’re being very amateurish Colin. This is very serious stuff.

Who drafted your NofT? Can you scan a copy of it up on here. Delete identifying features.
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Well Im what you would call an amateur landlord :)

A solicitor drafted and submitted the NoT, not sure what this has to do with my OP?

In fairness, isnt this why most small landlords are leaving, like I am trying to do.. as the RTB have made it so convoluted for landlords that everything is made to trip them up, so no wonder it is difficult for me to find what I need?
 
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Colin4444 said:
In fairness, isnt this why most small landlords are leaving, like I am trying to do.. as the RTB have made it so convoluted for landlords that everything is made to trip them up, so no wonder it is difficult for me to find what I need?
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Yes, who on earth wants to be trying to work out rules and traps for the rest of their lives that they might suffer the consequences that they didnt even know of, as a nice surprise, only 6 or 7 years down the line after thinking they were doing it right for years. And you would spend your retirement on here trying to work out if you did the right thing or if the rules arent what you think they are and you would never get to an answer.
I think you are dead right.
 
Colin4444 said:
A solicitor drafted and submitted the NoT, not sure what this has to do with my OP?
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We got a solicitor to draft ours and it was wrong the first time. The rules around this are very complex. If you serve the wrong notice and wait until the tenant is overholding you're now down the line a year, then the tenant takes a case against you and the RTB rules your notice is invalid. This is a VERY common occurrance.

In our case we took RTB cases against ourselves - on Validity of Notice of Termination. This was in order to get a Determination Order before the notification time ran out

- so we knew that down the line the RTB could not rule the Notices were not valid
- so that we didn't lose time on this, time is everything

If your notices is in any way incorrect it means you have to start again. You're right back at square one. It's a bit like snakes and ladders, 5 steps up and 3 steps down .....

What you are now proposing to do is wait 3 months after the end of the date on the notification, and then you'll start an RTB case. That will take months, next thing you know you'll be told your notice is invalid and that makes you 2 years out from beginning to end. That's even if you again serve the notice and if it's correct !

How was your notice served on the tenant? And how did you send it to the RTB? There is zero point advising you on your OP if you haven't got Step 1 right. You can get screwed for wrong dates, wrong names, not serving correctly, not serving on the correct date, missing the statutory declaration ............
 
Bronte said:
We got a solicitor to draft ours and it was wrong the first time.
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And you call me amateurish, if a solicitor cant even get it right what hope does the small landlord have.. and then you had to follow a convoluted rigmarole to ensure your NoT was valid... Who is going to know they have to do this unless they read this site....
Even if I had everything perfect from day 1, it could still drag out for years... can you not see how disheartening this is..

Bronte said:
What you are now proposing to do is wait 3 months after the end of the date on the notification, and then you'll start an RTB case. That will take months, next thing you know you'll be told your notice is invalid and that makes you 2 years out from beginning to end. That's even if you again serve the notice and if it's correct !
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So what I suggest is going to add a measly 3 months to a process that could take 2 or more years, so what?
 
On the Teach A Person To Fish principle:

Widen your search criteria, try key words like Dispute, Adjudication etc
 
Colin4444 said:
Yes thanks I have found it, but it took alot longer than 20 secs.
Alot of condescension on this site, even though we have so many threads open about how convoluted the whole process is.
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Dont sweat it. Nobody here knows the correct thing to be doing. Even the RTB dont know, nor solicitors with decades of experience, or the minister or the Taoiseach. Thats why all the posts for months and months. Just when you think you know what the rules are, a new interpretation of them appears in the thread. Its just not possible to keep up with them. And anybody sure of them wouldnt be posting in here in the first place arguing them. They would know exactly what they are. We are all in the same boat. Just some of us are selling the boat and others choose to keep bailing the water out as rules change, traps are set :)
 
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