Landlord ending tenancy advice plz

SashaNiG

Registered User
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28
Hi All,
I rent a house from my landlord for over 2 years. Never had any issues at all ,he's always friendly. Today I came from work and got an envelope in my door, that basically said I have to move out within 28 days as he needs it for a family member .
Devastated as I love the house and also that he didn't have the decency to tell me to my face as we have got on well.
Anyway just wondering is this 28 days correct , it's not long for me to get a new place and all moved. Id appreciate any advice
 
You are entitled to 56 days' notice if the length of your tenancy is 2-3 years.

Also, a termination notice issued on that ground must be accompanied by a statutory declaration.

I suggest you give the RTB a call - you have 28 days to make a complaint
 
www.rtb.ie

Call them or send them an email.

Speak to the landlord and ask him which relative is moving in. Do it friendly. I too find it odd he didn't speak to you directly. Send the RTB a scan of the notice, it may not be valid and this will give you time. Meaning not in a valid format, plus Sarenco says it's not valid because it must be 56 days notice.

You are also able to take a case to the RTB in the six years following the tenancy, so if the landlord does not move in a relation and is merely doing this in order to get a higher rent than he's in deep doo doo.

By any chance are you in a rent protection zone?
 
If the notice is invalid, the landlord is hardly "in deep doo doo", more likely he will have to reissue the notice in the correct form and for the correct period.

If the landlord has a relative moving into the property that is a basis for notice. The tenant may be able to stay until they receive proper notice, but they cannot prevent the landlord giving notice.
 
I think it's a bad idea to try and make any informal contact with the landlord.

From what we've been told, the notice is clearly invalid and a dispute submitted to the RTB in this regard will take weeks (14 on average) to resolve. During this time (and/or any subsequent valid notice period) the landlord's family member will presumably have to find alternative accommodation and the OP's problem goes away.
 
If the notice is invalid, the landlord is hardly "in deep doo doo", more likely he will have to reissue the notice in the correct form and for the correct period.
.

My comment is if the notice is invalid because a relation is not moving in. Nothing to do with the notice being defective as to time or for some paperwork incorrectly done. As you said for this he merely reissues the notice.
 
I think it's a bad idea to try and make any informal contact with the landlord.

From what we've been told, the notice is clearly invalid and a dispute submitted to the RTB in this regard will take weeks (14 on average) to resolve. During this time (and/or any subsequent valid notice period) the landlord's family member will presumably have to find alternative accommodation and the OP's problem goes away.
Hi thank you so much for the advice,I really appreciate it.Its just time im trying to get now I've no interest in anything else ......So if I lodge a dispute to the RTB they liase between the landlord and I to resolve the issue ?. So is this how it would work in theory....when I lodge the complaint ,the rtb contact him and he should reissue the proper notice and I will be given 56 days from the date I receive the new notice..
 
Thanks so much for the advice.I will get in contact with the rtb. The letter I received is very basic.
"Your tenancy will terminate on 15/8. You must vacate and give up posseion of the property on or before this date. The reason for termination of the tenancy is the landlord requires the property for a family member to occupy. You have the whole of the 24hr of the termination date to vacate the property.Any issue with this notice or the right of the landlord to serve it must be referred to Residential Tenancis Board under part 6 of the residential tenancis act within 28 days. Day 1 of the notice begins from day after this notice is served."
 
I think it's a bad idea to try and make any informal contact with the landlord.

From what we've been told, the notice is clearly invalid and a dispute submitted to the RTB in this regard will take weeks (14 on average) to resolve. During this time (and/or any subsequent valid notice period) the landlord's family member will presumably have to find alternative accommodation and the OP's problem goes away.
Hiya thank's for the advice...I contacted the rtb they said they couldn't comment on the notice but I could complain if I felt it was invalid.She said once a complaint is lodged that the notice is on hold until resolved,and she couldn't give me a timeframe of how long that would be. Hopefully it would be a few weeks,which would be a great help to me. I forgot to ask her do they inform me of how long the process would take so I would have an idea of how long time wise I would have.
I really think I have a genuine complaint the notice is very basic. Thanks for the advice really appreciate it.
 
My comment is if the notice is invalid because a relation is not moving in.
A notice of termination is either valid at the point of time when it is issued or it isn't.

A notice cannot be valid when issued and then subsequently become invalid because of something that happens - or doesn't happen - after the notice issues.
 
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Thanks so much for the advice.I will get in contact with the rtb. The letter I received is very basic.
"Your tenancy will terminate on 15/8. You must vacate and give up posseion of the property on or before this date. The reason for termination of the tenancy is the landlord requires the property for a family member to occupy. You have the whole of the 24hr of the termination date to vacate the property.Any issue with this notice or the right of the landlord to serve it must be referred to Residential Tenancis Board under part 6 of the residential tenancis act within 28 days. Day 1 of the notice begins from day after this notice is served."
That definitely looks like an invalid notice, even aside from the fact that the notice period appears to be insufficient.

Where a landlord requires a property for their own use or for a family member, a statutory declaration must accompany the notice of termination confirming the intended occupant's identity and (if not the landlord) their relationship to the landlord and the expected duration of the occupation. The statutory declaration must also confirm that the landlord is required to offer a tenancy to the existing tenant if the dwelling is vacated within a period of 6 months from the termination date.
 
That definitely looks like an invalid notice, even aside from the fact that the notice period appears to be insufficient.

Where a landlord requires a property for their own use or for a family member, a statutory declaration must accompany the notice of termination confirming the intended occupant's identity and (if not the landlord) their relationship to the landlord and the expected duration of the occupation. The statutory declaration must also confirm that the landlord is required to offer a tenancy to the existing tenant if the dwelling is vacated within a period of 6 months from the termination date.
Thanks a mill for explaining that too me. I think the best thing I can do is lodge a complaint with the rtb, as the declaration is not there and the time given is wrong....... he texted me today asking me to confirm that I received the letter. I didn't answer him yet I'm just annoyed how they've gone about it.
 
I'm just annoyed how they've gone about it.
I can certainly understand why you're annoyed.

If it was me, I wouldn't reply to that text would just plough ahead with a complaint to the RTB.

But if that doesn't sit well with you, I don't think you would be prejudicing your position by responding to the effect that you were upset to recieve the letter without any advance warning, that you don't believe the notice is valid and that you have been in touch with the RTB about making a possible complaint.

That might prompt your landlord to be more reasonable.
 
You have gotten on well with the landlord for 2 years. He has issued you with a notice to end the tenancy. Fair enough this should have been 56 days notice and not 28 days, that was a mistake by the landlord. But what exactly are you hoping to gain from going down the route of the RTB?

I would contact the landlord, explain that you are entitled to 56 days notice. He/She will probably say fine, I'll re-issue the notice, apologises I made a mistake. Heck, if you need a week or two extra to find a place he/she might accommodate you also. Remember, your next landlord is going to ask for a reference from your last landlord. If I was your new landlord, I wouldn't want you if you reported me to the RTB for something as trivial as getting the notice period wrong.

You are annoyed that your tenancy is ending, fair enough, but its the landlords property and he/she can do with it as they want. But it seems the only error was the notice period and not naming the relative moving in. This can be sorted fairly quickly and amicably between you and landlord. That's how I would resolve it anyway and stay civil.
 
You have gotten on well with the landlord for 2 years. He has issued you with a notice to end the tenancy. Fair enough this should have been 56 days notice and not 28 days, that was a mistake by the landlord. But what exactly are you hoping to gain from going down the route of the RTB?

I would contact the landlord, explain that you are entitled to 56 days notice. He/She will probably say fine, I'll re-issue the notice, apologises I made a mistake. Heck, if you need a week or two extra to find a place he/she might accommodate you also. Remember, your next landlord is going to ask for a reference from your last landlord. If I was your new landlord, I wouldn't want you if you reported me to the RTB for something as trivial as getting the notice period wrong.

You are annoyed that your tenancy is ending, fair enough, but its the landlords property and he/she can do with it as they want. But it seems the only error was the notice period and not naming the relative moving in. This can be sorted fairly quickly and amicably between you and landlord. That's how I would resolve it anyway and stay civil.

They can, subject to the law, so it's not so black and white.

Also, reducing notice from the legally required 56 days to 28 days is not trivial, have you looked to rent a property recently or even read a newspaper? The landlord has issued an invalid notice that states the tenant must contact the RTB if there is any issue with the notice, that is what the OP has been advised to do, I don't see it as "ratting" on the Landlord, it's doing as the landlord has advised in the invalid notice.
 
But what exactly are you hoping to gain from going down the route of the RTB?
Time.

On average it takes the RTB 14 weeks to resolve disputes (per their most recent annual report) and the landlord would still have to issue a valid notice at the end of that process. Put it all together and that buys the OP a reprieve of around 5 months.

What are the chances that the family member will have found alternative accommodation in the meantime? Very high I would have thought.

The landlord can certainly do what he wants with his property but as soon as he lets it out he has to play by the rules.
 
Hold on a minute,

As said above, the notice was incorrectly sent, The LL is entitled to regain his property for his family member. The 20 extra days or so that were under stated in the notice is not deserving of the RTB now taking weeks or months to resolve, and the now most likely over holding shenanigans under tone, which is being suggested without being actually said.

The LL certainly could have gone about this matter in a much more pleasant way, but nobody know what his circumstances are for doing this.
 
over holding shenanigans under tone, which is being suggested without being actually said.
I certainly haven't suggested that the OP stops paying her rent if that's what you're implying.

I'm simply advising the OP of her statutory rights and how she might exercise those rights to her advantage.
The LL is entitled to regain his property for his family member
Yes, provided he follows the prescribed procedure. He didn't.
 
This discussion is a prime example why landlords are fleeing the rental sector and also resolves the mystery of why the numbers of properties being made available to renters is continuously shrinking.

What goes around comes around.
 
What are the chances that the family member will have found alternative accommodation in the meantime? Very high I would have thought.

With so little supply at the moment, there's every chance they'll still be looking. The landlord might even put them up in the meantime to ensure they can follow through on the family need termination. But even if they do find something, there's nothing to stop the landlord proceeding with a termination anyway using the standard termination process. That will likely buy the OP even more time, but still leaves them without a reference which may put them down the pecking order when looking to rent other properties.
 
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