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Statutory Declaration

  • 07-04-2017 4:49pm
    #1
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭


    Hi Folks,

    Must the Statutory Declaration declaring a property be vacated for landlord's own use be served in conjunction with the Notice of Termination when terminating a tenancy? Or can it be issued after the notice has been served?

    Thanks,
    Greasy


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    OhThatsGreasy wrote: »
    Hi Folks,

    Must the Statutory Declaration declaring a property be vacated for landlord's own use be served in conjunction with the Notice of Termination when terminating a tenancy? Or can it be issued after the notice has been served?

    Thanks,
    Greasy

    has to be in conjunction with it. Otherwise the notice is not valid.


  • #3
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭OhThatsGreasy


    4ensic15 wrote: »
    has to be in conjunction with it. Otherwise the notice is not valid.

    Thanks for the reply. The one I received also lacked a lot of the information that is required according to the template document I've seen on the RTB site. No mention of an offer of accommodation back should it become available within 6 months etc.


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    OhThatsGreasy wrote: »
    Thanks for the reply. The one I received also lacked a lot of the information that is required according to the template document I've seen on the RTB site. No mention of an offer of accommodation back should it become available within 6 months etc.
    off you go with your complaint so.


  • #5
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭OhThatsGreasy


    4ensic15 wrote: »
    off you go with your complaint so.

    Final question, can a tenant be evicted during RTB process?


  • #6
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    OhThatsGreasy wrote: »
    Final question, can a tenant be evicted during RTB process?

    A tenant cannot be evicted unless by court order.

    Although morally have you reason to doubt the LL's intention to move a close family member in there? If no, you should probably accept the notice and look for somewhere else.

    If yes, appeal. But it is a public process.


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  • #7
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭OhThatsGreasy


    davindub wrote: »
    A tenant cannot be evicted unless by court order.

    Although morally have you reason to doubt the LL's intention to move a close family member in there? If no, you should probably accept the notice and look for somewhere else.

    If yes, appeal. But it is a public process.

    LL tried to increase rent. We challenged it and now suddenly property is needed back for own use. We are engaged with RTB so waiting to see how it goes.

    It's awful. The stress of it all.


  • #8
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    OhThatsGreasy wrote: »
    LL tried to increase rent. We challenged it and now suddenly property is needed back for own use. We are engaged with RTB so waiting to see how it goes.

    It's awful. The stress of it all.

    Well best of luck, don't be worrying about it, I'm actually glad you are taking a case if the above is true, greedy landlords who act unlawfully give everyone else a bad name.


  • #9
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭OhThatsGreasy


    davindub wrote: »
    Well best of luck, don't be worrying about it, I'm actually glad you are taking a case if the above is true, greedy landlords who act unlawfully give everyone else a bad name.

    Thanks. This is why we decided to pursue it. If we don't make a stand, some other poor shmucks will likely encounter the same difficulties. It's just a shame that it's had to come to this.

    Roll on the days of owning my own home :)


  • #10
    exaisle
    Registered Users, Registered Users 2 Posts: 2,675 ✭✭✭exaisle


    Was the LL looking for a rent that was in line with the market?

    I'm assuming you're in a property that isn't in the 4% rent cap area...


  • #11
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭OhThatsGreasy


    exaisle wrote: »
    Was the LL looking for a rent that was in line with the market?

    I'm assuming you're in a property that isn't in the 4% rent cap area...

    Yes - in line with market area. But doing so midway through a lease.


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  • #12
    Ray Palmer
    Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    OhThatsGreasy wrote: »
    Yes - in line with market area. But doing so midway through a lease.

    If you have a lease he can't break it to move a relative in. The lease has to run its course


  • #13
    exaisle
    Registered Users, Registered Users 2 Posts: 2,675 ✭✭✭exaisle


    Ray Palmer wrote: »
    If you have a lease he can't break it to move a relative in. The lease has to run its course

    Spot on.

    https://www.rtb.ie/search-results/news/article/2014/02/11/breaking-a-fixed-term-lease


  • #14
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    OhThatsGreasy wrote: »
    Final question, can a tenant be evicted during RTB process?

    While there is a dispute in being the tenancy continues, although the LL can terminate on different grounds.


  • #15
    OhThatsGreasy
    Registered Users, Registered Users 2 Posts: 137 ✭✭OhThatsGreasy


    4ensic15 wrote: »
    While there is a dispute in being the tenancy continues, although the LL can terminate on different grounds.

    We have no problem if LL wants property back for his own use. We'll happily vacate. We just want the termination process followed correctly. Last thing either party wants is an arduous Dispute/Adjudication process.

    LL has been underhanded and aggressive about this from the beginning.


  • #16
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    OhThatsGreasy wrote: »
    We have no problem if LL wants property back for his own use. We'll happily vacate. We just want the termination process followed correctly. Last thing either party wants is an arduous Dispute/Adjudication process.

    LL has been underhanded and aggressive about this from the beginning.

    You have to meet fire with fire.


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