notice of termination of tenancy

Fountain man

hi,
I am a landlord and need to sell my house that I am renting out. I have sent a notice of termination and statutory declaration by registered post to my tenant. Unfortunately at the time of delivery either the tenant was not there to sign for the letter or the tenant refused to sign for it. The post man left a notification in the letterbox of the house advising the tenant where the letter could be collect. I had informed the tenant about my intention to sell the house and the tenant asked me for the notification in writing etc. I have sent a text message to the tenant saying the letter had been posted and how to collect it.

Can anyone advise as to the position if the tenant refuses to collect the letter from the depot. Is the notification deemed to have been served. Is it unreasonable for the tenant not to collect the letter?

thank you

Michael D Not Higgins

If they refuse to collect it, organise a time with them to drop over to the house and hand them the copy of the notice in person.

GerardKeating

Michael D Not Higgins wrote: »

If they refuse to collect it, organise a time with them to drop over to the house and hand them the copy of the notice in person.

Does the notice actually need to be a registered letter.
OP has texted with the tenant, surely just stick it in letter box (and get a friend to video this act).

Michael D Not Higgins

GerardKeating wrote: »

Does the notice actually need to be a registered letter.
OP has texted with the tenant, surely just stick it in letter box (and get a friend to video this act).

If the tenant is playing silly buggers about not signing for a letter or collecting it, I'd sooner hand it over in person so there's no messing later on, preferably with a witness or get them to sign a receipt.

davo10

Michael D Not Higgins wrote: »

If the tenant is playing silly buggers about not signing for a letter or collecting it, I'd sooner hand it over in person so there's no messing later on, preferably with a witness or get them to sign a receipt.

You can pin it to the front door and notify by text that it is there if the tenant refuses to accept the notification.

Michael D Not Higgins

davo10 wrote: »

You can pin it to the front door and notify by text that it is there if the tenant refuses to accept the notification.

"Must've got blown off in the wind, I didn't see it"

If it were me, I wouldn't take the chance.

4ensic15

Residential Tenancies Act 2004
6.—(1) A notice required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the notice relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.

(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.

foggy_lad

Michael D Not Higgins wrote: »

"Must've got blown off in the wind, I didn't see it"

If it were me, I wouldn't take the chance.

I would make up copies of the letter and put them into envelopes and then into those plastic A4 pockets and place one through the letterbox and with black duct tape stick one on a front window and one on a back window and one each on every door so that it can't be opened without disturbing it, then stick or nail one onto the front door. Record them or take pictures after doing this and the job is done.

The_Conductor

Where tenants are playing silly buggers- the Residential Tenancies Board- have accepted text notification (on an exceptional basis).
If they are refusing outright to accept the notification- the OP needs to ensure the notice is properly witnessed- a Garda or a civil servant who can attest to the successful notice- are worth their weight in gold.

Fountain man

Thanks everyone for your advice. The notice was collected and signed for by my tenants mother so I have proof of service of the notice.