Termination of Contract

Midebe

The Landlord is being payed every week 70-80 euro. My mother pays as much she cans right now. Her arrears with the landlord are 1100 euro I believe.

djimi

cerastes wrote: »

looks ok to me, Id have to compare to the prtb site to see whats available there.

Cant see the whole letter, could be a date on there the OP doesnt want people to see.

The sender may have a receipt of their postage of the letter.



Looks valid to me, better if could see the whole document and right side up, Id have to compare with what the PRTB says on their example. Just checked and it looks like a good copy of the PRTB example online.
Tenant cant ignore their responsibility and obligation and expect the prtb to decide in their favour.

The letter alone (assuming what we see is all there is) does not prove that the required 28 days notice was issued. If the landlord cannot prove when it was sent then they will not be able to prove that it is valid; there is nothing to say that it wasn't issued last week.

This is the reason why registered post should always be used for things like this.

Midebe

djimi wrote: »

The letter alone (assuming what we see is all there is) does not prove that the required 28 days notice was issued. If the landlord cannot prove when it was sent then they will not be able to prove that it is valid; there is nothing to say that it wasn't issued last week.

This is the reason why registered post should always be used for things like this.

This is what it says on the letter I copied word for word

AUCTIONEER & ESTATE AGENTS
Street name..........
Phone:000000000
Email:xxxxxxxxxxxx

Termination of Contract

Termination by landlord pursuant to paragraph 1 of the
table to s.34 of the Residential Tenancies Act 2004


To: Name xxxxx

Your tenancy of the dwelling at 2,Street Name,City, County will terminate on THURSDAY,26th December, 2013

The Reason for termination of the tenancy is due to the breach of your tenancy obligation(s) in that you failed to pay rent in accordance with the terms of the tenancy agreement and your obligations under the Residential Tenancies Act, 2004.


You have the whole of the 24hours of the Termination Date to vacate possesion of the dwelling.
Any issues as to the validity of this notice or the right of the Landlord to serve it, must be referred to the Private residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 within 28days from the receipt of it.


This notice is served on 26th DECEMBER, 2013

Signed: __________

Landlord/Landlord's Agent

cerastes

Im not trying to sound harsh or unsympathetic, but since september, thats a long time to not be paying rent, only in the last few posts has the OP said a certain amount is being payed, prior to that by post 9 it seemed like no rent was being payed. On the other hand, it cant be expected for the landlord to accept routine non payment or incomplete payment of rent as they will very likely have their own obligation to pay a mortgage too.

cerastes

Midebe wrote: »

This is what it says on the letter I copied word for word

AUCTIONEER & ESTATE AGENTS
Street name..........
Phone:000000000
Email:xxxxxxxxxxxx

Termination of Contract

Termination by landlord pursuant to paragraph 1 of the
table to s.34 of the Residential Tenancies Act 2004


To: Name xxxxx

Your tenancy of the dwelling at 2,Street Name,City, County will terminate on THURSDAY,26th December, 2013

The Reason for termination of the tenancy is due to the breach of your tenancy obligation(s) in that you failed to pay rent in accordance with the terms of the tenancy agreement and your obligations under the Residential Tenancies Act, 2004.


You have the whole of the 24hours of the Termination Date to vacate possesion of the dwelling.
Any issues as to the validity of this notice or the right of the Landlord to serve it, must be referred to the Private residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 within 28days from the receipt of it.


This notice is served on 26th DECEMBER, 2013

Signed: __________

Landlord/Landlord's Agent

can you scan in the A4 document complete in one piece, with non-relevant details (names,contact details) blacked out,

Midebe

cerastes wrote: »

Im not trying to sound harsh or unsympathetic, but since september, thats a long time to not be paying rent, only in the last few posts has the OP said a certain amount is being payed, prior to that by post 9 it seemed like no rent was being payed. On the other hand, it cant be expected for the landlord to accept routine non payment or incomplete payment of rent as they will very likely have their own obligation to pay a mortgage too.

Like I said she's in financial problems and the landlord is getting half of agreed weekly,of course it does not excuse her

Midebe

cerastes wrote: »

can you scan in the A4 document complete, with relevant details blacked out,

Unfortunately no all I got is this

cerastes

Midebe wrote: »

Like I said she's in financial problems and the landlord is getting half of agreed weekly,of course it does not excuse her

Well, it seems only fair of her to change her arrangements, move in with you or another relative, as the longer she stays, the more she owes and breaches her obligation, if she could put her share to someone elses rent/bills until she can get on her feet, Under the above mentioned circumstances I cant even see how she could get a place on her own if she cant pay for an existing place now, her deposit will be gone, and the landlord is unlikely to give her a recommendation.

The Glass Key

Can anyone explain the 3rd line from last "This notice is served on 26th DECEMBER, 2013" ? Is that the day the notice is served or comes into force, while it might be the correct legal form in doesn't make any sense to me?

Midebe

cerastes wrote: »

Well, it seems only fair of her to change her arrangements, move in with you or another relative, as the longer she stays, the more she owes and breaches her obligation, if she could put her share to someone elses rent/bills until she can get on her feet, Under the above mentioned circumstances I cant even see how she could get a place on her own if she cant pay for an existing place now, her deposit will be gone, and the landlord is unlikely to give her a recommendation.

Everything was fine for the first 6 months and then boom....

Midebe

The Glass Key wrote: »

Can anyone explain the 3rd line from last "This notice is served on 26th DECEMBER, 2013" ? Is that the day the notice is served or comes into force, while it might be the correct legal form in doesn't make any sense to me?

It makes no sense to me either...

djimi

The Glass Key wrote: »

Can anyone explain the 3rd line from last "This notice is served on 26th DECEMBER, 2013" ? Is that the day the notice is served or comes into force, while it might be the correct legal form in doesn't make any sense to me?

I suspect that the landlord/agent has screwed up here and that last line should have stated the start date of the notice (possibly 26th november). As it stands, that notice means next to nothing, unless it contains something else that we are not seeing, or the landlord has some other means of proving when it was issued.

cerastes

Midebe wrote: »

Unfortunately no all I got is this

That just looks like a reminder termination of contract, it looks like it would normally come after a 28 day notice, unless they foolishly got the dates wrong, but there is no notice of 28 days, only that its saying you have 28 days to lodge a complaint with the PRTB in the letter. Suggesting that 28 day notice previously? given the original 14 day notice was supplied in September, I find it unusual that a 28 day notice was not provided much earlier.

if they have proof a 28 day notice was sent earlier and this is a reminder, then Id be curious how that could be presented and squared with the PRTB.

dharma200

I would take it notice starts from today, but they worded it so to make your mother think she had to be out by today, I suspect they wanted her to be out by today but there is no way that would stand legally. Forget about it for now, contact threshold as soon as possible, see if there is any way for arrears to be paid.
If not start looking straight away for your mum, even though you can drag the process out it can't be I definately and it isn't nice to do that tot eh landlord either and I am sure everyone is better off trying to meet half way in the middle.
Hope your mum sorts it out, everyone , including those judging on the thread, can run into financial difficulties and while not nice for owner of property, the actual threat of homelessness is horrific so no point head in the sand... Hope everything works out for all parties involved and your mum sees better times.

Midebe

The only letter she received was the 14 days rent arrears warranty in September and the Termination letter in December

cerastes

If arrears are paid, then the 14 day warning and more importantly the 28 day notice to evict are defunct, Id try make paying the arrears the priority as moving in with relatives or others isnt always easy or possible, and starting fresh somewhere else is going to be a problem if they cant get money together for rent, then where would a new deposit and rent come from?

Midebe

cerastes wrote: »

If arrears are paid, then the 14 day warning and more importantly the 28 day notice to evict are defunct, Id try make paying the arrears the priority as moving in with relatives or others isnt always easy or possible, and starting fresh somewhere else is going to be a problem if they cant get money together for rent, then where would a new deposit and rent come from?

I will try to contact the Landlords Agent tomorrow and see what can we do. I will also contact solicitor and show him the Termination letter if its valid because it makes no sense.

Rosier

The date and timing are revealing today is a bank holiday and the tenant is thus helpless to seek professional advice or even get to a bank . seems a deliberate tactic to get her out illegally.

djimi

Midebe wrote: »

I will try to contact the Landlords Agent tomorrow and see what can we do. I will also contact solicitor and show him the Termination letter if its valid because it makes no sense.

To be honest, if you want to buy yourself more time then Id keep the agent/landlord out of this for as long as possible, especially if you intend to try and clear the arrears. Once they issue a legal notice of termination, they are not obliged to cancel it even if you clear the arrears before the end of the notice period.

Nino Brown

Rosier wrote: »

The date and timing are revealing today is a bank holiday and the tenant is thus helpless to seek professional advice or even get to a bank . seems a deliberate tactic to get her out illegally.

It wasn't received today, there has been a few weeks to seek professional advice

cerastes

Midebe wrote: »

I will try to contact the Landlords Agent tomorrow and see what can we do. I will also contact solicitor and show him the Termination letter if its valid because it makes no sense.

you have money for a solicitor? but not the rent? PRTB is a free , (I'll edit that, presuming the landlord takes your mother to the prtb, it will cost the person taking the case, but not much, but the defendant doesn't have to pay) as I have been told by someone in the prtb, its a solicitor free zone to mediate in disputes between landlord/tenants/3rd parties, you'll only end up paying for a solicitor where they cant have much input.

djimi wrote: »

To be honest, if you want to buy yourself more time then Id keep the agent/landlord out of this for as long as possible, especially if you intend to try and clear the arrears. Once they issue a legal notice of termination, they are not obliged to cancel it even if you clear the arrears before the end of the notice period.

I would keep the landlord/agent fully informed, keeping them out of the loop and not engaging with them will only encourage them they are being avoided and wont look well in the PRTB.

Also, the last part I believe to be wrong, once the arrears are paid off the eviction can be called off, in fact I dont believe it can be continued.

Its wrong of you to misleasd the OP to think buying time is a good option or will look well for them later when its brought up in a PRTB hearing, they should engage fully with the landlord/agent

djimi

cerastes wrote: »

I would keep the landlord/agent fully informed, keeping them out of the loop and not engaging with them will only encourage them they are being avoided and wont look well in the PRTB.

Also, the last part I believe to be wrong, once the arrears are paid off the eviction can be called off, in fact I dont believe it can be continued.

Its wrong of you to misleasd the OP to think buying time is a good option or will look well for them later when its brought up in a PRTB hearing, they should engage fully with the landlord/agent

If the OP is looking to buy time with the intention of paying off the arrears then as things stand its in their best interests not to alert the landlord to the fact that the notice of termination is not valid. If the arrears are paid off before a valid notice is issued then no further action can be taken*. However, once the notice has been issued, even if the arrears are paid off there is no obligation on the landlord to withdraw the notice of termination.

Of course, if ther arrears are not going to be paid off then it doesnt matter either way really. To be honest, Im a big believer in the idea that agents/landlords should know the law, that its not up to the tenant to inform them of any mistakes they make. If an agent cant write up a valid notice of termination then they can have no complaints if the tenant uses this to their advantage.

*I hope I have this point correct; can someone please set me straight if I dont! I know if the arrears are paid within the 14 days then no further action can be taken, and I think this applies until the notice of termination is issued, but I could be wrong about the latter.

the_syco

Midebe wrote: »

Unfortunately no all I got is this

Unless the letter was sent by registered post, the landlord has no way to prove that they letter wasn't "served on 26th December". Added to "your tenancy of the dwelling at XXXXXXXXXXX will terminate on Thursday 26th December", and the way they state "you have the whole of the 24 hours of the Termination Date to vacate possession of the dwelling" would mean that the OP's mum could argue that the letter was received on the 26th. Without proof of a prior letter, I can't see any court taking the landlords side, and any effort to evict the OP's mum would be seen as an illegal eviction.

Looks like the landlord f**ked up with the letter.

OP, see if you can get the envelope, as that may prove if they sent it by normal or registered post. If you don't have the letter, saying you only got the letter on the 26th may go against your mum if the landlord can prove he sent the letter before, although the wording of the letter is extremely odd.

Do you know how many properties does the landlord have?

Midebe

the_syco wrote: »

Unless the letter was sent by registered post, the landlord has no way to prove that they letter wasn't "served on 26th December". Added to "your tenancy of the dwelling at XXXXXXXXXXX will terminate on Thursday 26th December", and the way they state "you have the whole of the 24 hours of the Termination Date to vacate possession of the dwelling" would mean that the OP's mum could argue that the letter was received on the 26th. Without proof of a prior letter, I can't see any court taking the landlords side, and any effort to evict the OP's mum would be seen as an illegal eviction.

Looks like the landlord f**ked up with the letter.

OP, see if you can get the envelope, as that may prove if they sent it by normal or registered post. If you don't have the letter, saying you only got the letter on the 26th may go against your mum if the landlord can prove he sent the letter before, although the wording of the letter is extremely odd.

Do you know how many properties does the landlord have?

If the letter was sent by registered post, the post man would of ask for a signature right? My mother said she never signed anything so I don't think they can prove anything.

I don't know how many properties the landlord owns, he's an old man and we only contact him through his Agent which is a bitch.

Mrs OBumble

All this legal stuff is really sweet.

But really what your mother should do is pay the rent, including the arrears. This "got into financial difficulties" line is just bollox. The rent needs to be a priority.

Is she involved with MABS? Has she tried for a loan from the Credit Union which she can use to clear it?

djimi

Mrs OBumble wrote: »

All this legal stuff is really sweet.

But really what your mother should do is pay the rent, including the arrears. This "got into financial difficulties" line is just bollox. The rent needs to be a priority.

Is she involved with MABS? Has she tried for a loan from the Credit Union which she can use to clear it?

Spoken as someone who has obviously never been in financial difficulties.

If someone is financially unable to pay their rent, Id love to know what lending institution is going to give them a loan?

Nino Brown

djimi wrote: »

If someone is financially unable to pay their rent, Id love to know what lending institution is going to give them a loan?

Newbridge credit union would have been a good start. Too late now though.

djimi

Nino Brown wrote: »

Newbridge credit union would have been a good start. Too late now though.