PRTB case

djmcr

We signed a lease with our landlord for nine months. About 2 months before the lease ended we asked the landlord could we stay on in the property. They said that we could stay as long as we needed. Unfortunately we didn't follow it up in writing.

Five monthsafter the lease the landlord asked us to sign a 12 month lease which we didnt as we feel we are now in a Part 4 tenency. When we didn't sign the lease he gave us 42 days notice.

We took a case with the PRTB re the notice and we got confirmation of same from PRTB about the case and they said that the case would be heard in the coming months. Now unfortunately we don't have months left before the notce expires.

Where do we stand in relation to the pending case and the landlords notice?

Thanks

djimi

You dont have much of a case unfortunately. With no fixed term lease signed you are on a part 4 tenancy and as such the landlord is entitled to give you 42 days notice to leave (provided they have a reason as outlined in the part 4 tenancy: http://www.daft.ie/content/residential_tenancies_act_2004.daft). A verbal agreement of an indefinate lease period is not going to get you far unfortunately.

djmcr

djimi wrote: »

You dont have much of a case unfortunately. With no fixed term lease signed you are on a part 4 tenancy and as such the landlord is entitled to give you 42 days notice to leave (provided they have a reason as outlined in the part 4 tenancy: http://www.daft.ie/content/residential_tenancies_act_2004.daft). A verbal agreement of an indefinate lease period is not going to get you far unfortunately.

Landlord gave us no reason in the notice so would the notice be valid??

djimi

I dont think he can just ask you to leave without giving you a valid reason in writing. A part 4 tenancy does offer you some protection, and can only usually be broken by a landlord if he needs the house for himself or a family member (or one of the other few clauses outlined in that link). That said, Id imagine it would be easy enough for him to say that he needs the place for a family member, and then claim that they no longer needed to move in once you have moved out (the link claims that there are provisions in place to prevent this from happening but I have no idea what they are or how effective they are).

Id say use the fact that he hasnt given you a written reason for you being asked to leave as a way to buy you some more time at least. I may be wrong but as I understand it the notice he has given you currently is not valid.

odds_on

djmcr wrote: »

Landlord gave us no reason in the notice so would the notice be valid??

You are quite correct that you are now running with a Part 4 lease, and, although it is less secure than a fixed term lease the landlord can only remove/evict you using certain grounds as defined in the RTA 2004 Section 34. The notice would therefore be invalid if the ground for termination is not included. The landlord is required to state the reason for eviction, among other things.

Check out on the PRTB site as to what exactly what details are required on a Notice of Termination and refers to section 62 of the RTA 2004.

Under the circumstances, going by the details as you have given them, I think you should remain in the property and continue to pay the rent. To legally remove you, the landlord will have to make a claim with the PRTB and the NoT will obviously be required as proof.

djmcr

djimi wrote: »

I dont think he can just ask you to leave without giving you a valid reason in writing. A part 4 tenancy does offer you some protection, and can only usually be broken by a landlord if he needs the house for himself or a family member (or one of the other few clauses outlined in that link). That said, Id imagine it would be easy enough for him to say that he needs the place for a family member, and then claim that they no longer needed to move in once you have moved out (the link claims that there are provisions in place to prevent this from happening but I have no idea what they are or how effective they are).

Id say use the fact that he hasnt given you a written reason for you being asked to leave as a way to buy you some more time at least. I may be wrong but as I understand it the notice he has given you currently is not valid.

Thanks for you reply.That is my reading of the situation.

In relation to the PRTB taking several months to adjudicate on this case do I have to vacate the property on the date that the landlord gave me or can I wait till adjudication from the PRTB.

djmcr

odds_on wrote: »

The notice would therefore be invalid.

Check out on the PRTB site as to what exactly what details are required on a Notice of Termination.

Under the circumstances, going by the details as you have given them, I think you should remain in the property and continue to pay the rent. To legally remove you, the landlord will have to make a claim with the PRTB and the NoT will obviously be required as proof.

Thanks Odds on.I have taken a case re this and the PRTB say it will be months before they can adjudicate on it.

Pawwed Rig

He cannot ask you to leave except if he wants to sell the house, move in himself or antisocial behaviour by you. I am assuming that none of these are relevant in your case.
This will have to be clearly outlined in the termination letter he sent to you. Any other termination of the tenancy is an illegal eviction. You have all the Aces here and the PRTB take a dim view of landlords who throw their weight around. Call the PRTB about the case and they will tell him in no uncertain terms that he cannot ask you to leave

odds_on is correct in what they say.

The PRTB escalate cases where there is overholding by the tenants.