Submitting a NOT to the PRTB query

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phatsmalls

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I’ve got a statutory declaration signed by a solicitor to include with the NOT to the tenant. My question is do I have to submit the declaration to the PRTB as well? Their website suggests it’s just the NOT I have to submit but I want to be sure.
 
If it was me I would submit both the a copy of the declaration and the notice by email to RTB at the same time as you give to your tenants. Better they have all the information so the tenant cannot say they did not receive the copy of the declaration which would make the notice invalid.

This is from RTB:
'For all Notices of Termination to be deemed valid, they must be copied to the RTB at the same time as it is served on the tenant. Failure to do so means that the Notice of Termination is invalid. Landlords are asked to attach the Notice of Termination to a completed Notice of Termination return form to assist the RTB in linking the Notice to the relevant tenancy.

It can be emailed to NoticeofTermination@rtb.ie or posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork.

If posting, the RTB recommends using certified post to ensure landlords have proof of the date the RTB was sent the copy of the Notice of Termination. These documents must be sent to the Residential Tenancies Board on the same day as the notice is served on the tenant. Landlords should retain copies and proof of postage for their records.
 
How is it technically possible to serve notice to tenants and the RTB on the same day exactly? For example, the email to the RTB is dated, however the proof of postage is for the day the notice is posted not received by the tenant. I am planning to serve notice by hand. What if the tenant is not there or says they never received it? Can you take a video (dated) of it being put through the door as evidence?
 
Yes, the IPOA recommend that if you are delivering by hand, bring somebody with you to take pictures or a video on your phone of you putting the NOT through the letter box.
 
Greenbook said:
Yes, the IPOA recommend that if you are delivering by hand, bring somebody with you to take pictures or a video on your phone of you putting the NOT through the letter box.
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My advice, and what we did, hand the tenant the notice directly, get them to sign it, date it, and take a photo of that. This was accepted by the RTB when we took our RTB cases for 'validity of NOT'.

The cases were taken against ourselves to ensure the notices were valid so we didn't end up 2 years down the line being told they were not valid and having to serve notice again.
 
Tadaima said:
How is it technically possible to serve notice to tenants and the RTB on the same day exactly? For example, the email to the RTB is dated, however the proof of postage is for the day the notice is posted not received by the tenant. I am planning to serve notice by hand. What if the tenant is not there or says they never received it? Can you take a video (dated) of it being put through the door as evidence?
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One of the RTB cases recently was where a tenant said they never received the posted notice.

No landlord should take any chances with the NOT. The RTB are VERY strict.
 
Tadaima said:
How is it technically possible to serve notice to tenants and the RTB on the same day exactly? For example, the email to the RTB is dated, however the proof of postage is for the day the notice is posted not received by the tenant. I am planning to serve notice by hand. What if the tenant is not there or says they never received it? Can you take a video (dated) of it being put through the door as evidence?
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Proof of postage:

- A document from on Post proving you sent a letter (used to be free)
- A receipt from An Post that letter was sent by registered post

That's not the same as the date of receipt by tenant.

It's your business to make sure the tenant cannot say they never got it. There is no way I'd drop off a letter in a post box, take a photo of that and leave it like that. A tenant could argue they never got it, or that there was nothing in the envelope.

Either use An Post or get the tenant to sign the Notice and then take a picture.
 
Bronte said:
My advice, and what we did, hand the tenant the notice directly, get them to sign it, date it, and take a photo of that. This was accepted by the RTB when we took our RTB cases for 'validity of NOT'.

The cases were taken against ourselves to ensure the notices were valid so we didn't end up 2 years down the line being told they were not valid and having to serve notice again.
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What if they refuse to sign?
 
Tadaima said:
What if they refuse to sign?
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Then I'd do both registered post and recorded delivery. Why would they refuse? If you have problem tenant's you really really need to be careful.
It took us ages to get tenants out, because it's so hard for them to find alternative accommodation. My sibling had an RTB ruling in his favour which ordered the tenant to vacate, still there nearly 2 years later .......... As I keep saying to sibling, at least they are paying the rent and not causing any problems. Sale aborted due to it and decision made to continue as landlord.
 
I just have a bad feeling. Also, there is simply nothing else to rent. I want to move back into this house for retirement and there is a knock on effect on my present house sale if I can't move back in.
 
What period of notice do you need to give? Are you sale agreed on your current home? When is your retirement?
 
I've heard that if you are posting the NOT, Express Post should be used. Apparently, the postman certifies that he or she put the letter through the letter box. The tenant can't argue that they never got the NOT when the postman certifies delivery. The problem with registered post if that the tenant doesn't accept it or no one is home you have to re-do the NOT, the statutory declaration etc. all over again.
 
Proof of delivery should be enough to satisfy the RTB, you don’t need proof of acceptance.

You don’t need to make the tenant think that this is something they can act strategically over either.
 
Bronte said:
What period of notice do you need to give? Are you sale agreed on your current home? When is your retirement?
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180 days, so I put extra days on the NOT. Not sale agreed yet. It's only just gone for sale but I don't want to turn off buyers if they think they may have to wait for me to be able to vacate. I'm not retiring for a few years but I want to move now when I have the energy (and my own hips and knees) to do it.
 
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