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.
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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..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 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.
A notice of termination is either valid at the point of time when it is issued or it isn't.My comment is if the notice is invalid because a relation is not moving in.
That definitely looks like an invalid notice, even aside from the fact that the notice period appears to be insufficient.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."
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.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.
I can certainly understand why you're annoyed.I'm just annoyed how they've gone about it.
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.
Time.But what exactly are you hoping to gain from going down the route of the RTB?
I certainly haven't suggested that the OP stops paying her rent if that's what you're implying.over holding shenanigans under tone, which is being suggested without being actually said.
Yes, provided he follows the prescribed procedure. He didn't.The LL is entitled to regain his property for his family member
What are the chances that the family member will have found alternative accommodation in the meantime? Very high I would have thought.
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