Landlord notice

plasteritup

So landlord texted in April saying she was thinking of selling house, nothing then for a few weeks, then we got mortgage approved and are in the process of buying, she got current property valued at way over market value and we aren't interested anyway.

So today she announced that we were given our notice by text message in April of intent to sell, so this forms part of our notice of 6 months and we have to be out by September, nothing in writing from her and can't even find text message, we are in house over 5 years.

Anyone have an idea of where we stand here?

TIA.

Alf Veedersane

A notice of termination of tenancy must be in writing. 

A text is not a valid termination of notice.

Cash_Q

I don't know enough about it these days to know if that constitutes written notice, or if 6 months is sufficient notice. I think it's 4 weeks for every year you've lived there although it might be more because you're there so long.

What I DO know, is that she is legally obliged to issue you with a Statutory Declaration stating that the reason you are being evicted is that she is selling the house. This is a legally binding document to ensure she doesn't lie about selling to get you out and then get in new tenants with higher rent. Your notice period starts again once she issues this Statutory Declaration.

I know this because the house we bought had tenants in it when we went sale agreed, and this issue came up a few months later and the tenants had their notice period start again.

kennethrhcp

plasteritup wrote: »

So landlord texted in April saying she was thinking of selling house, nothing then for a few weeks, then we got mortgage approved and are in the process of buying, she got current property valued at way over market value and we aren't interested anyway.

So today she announced that we were given our notice by text message in April of intent to sell, so this forms part of our notice of 6 months and we have to be out by September, nothing in writing from her and can't even find text message, we are in house over 5 years.

Anyone have an idea of where we stand here?

TIA.

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Notice of termination
If your landlord wants you to leave, they must serve you with a valid written notice of termination. The notice can be posted to you, be given to you in person or be left for you at your address. Neither email nor text messages qualify as valid notices of termination. If it appears that you are not living in the property, the landlord can affix the notice to the outside of the property.
Section 62 of the 2004 Act sets down the requirements for a valid notice of termination. A notice of termination must:
Be in writing
Be signed by the landlord (or an authorised agent)
Specify the date of termination of the tenancy
State that you have the whole 24 hours of the termination date to vacate the property
Specify the date of the notice itself
State the reason for termination, if a tenancy has lasted more than 6 months or is a fixed-term tenancy
State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within 28 days from the receipt of the notice.

plasteritup

Thanks lads, misses is a bit more relaxed now.

SteM

If you want to stay a bit longer then take your time informing the landlord that it wasn't a legal notification. No reason for you to be telling her what she should know imo. Tell her in August and the countdown will start then. Too many landlords pulling a fast one or just ignorant of the law.

GaGa21

Anyone know the notice needed vice versa? We are buying house soon. Signed a lease for year 1. No more since and living here for 5 years. Is 30 days notice applicable or 4 weeks for each year so 20 weeks?

Cash_Q

GaGa21 wrote:

Anyone know the notice needed vice versa? We are buying house soon. Signed a lease for year 1. No more since and living here for 5 years. Is 30 days notice applicable or 4 weeks for each year so 20 weeks?

I think 4 weeks per year applies too. You could ask if he/she is ok with you leaving earlier/later if it happens that way. If you're there 5 years they must be happy with you and may be flexible.

John_Rambo

SteM wrote: »

If you want to stay a bit longer then take your time informing the landlord that it wasn't a legal notification. No reason for you to be telling her what she should know imo. Tell her in August and the countdown will start then. Too many landlords pulling a fast one or just ignorant of the law.

Note to self.... *don't fook with SteM. Well played. OP, you should take heed & don't panic. Use your landlords ignorance and cheekyness to your own advantage.

Bob24

GaGa21 wrote: »

Anyone know the notice needed vice versa? We are buying house soon. Signed a lease for year 1. No more since and living here for 5 years. Is 30 days notice applicable or 4 weeks for each year so 20 weeks?

If you mean the notice to give as a tenant after 5 years, as per the RTB website the notice period would be 84 days.

https://onestopshop.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give/

PlaneSpeeking

Regarding the 4 weeks per year under Part 4, I've been in my rented gaff 11 years in November - do I have the right to 44 weeks' notice ?

Very much doubt LL would sell - they bought as an investment at peak of CT and now live in UK, I think my rent pays the mortgage so they're happy enough.

Bob24

PlaneSpeeking wrote: »

Regarding the 4 weeks per year under Part 4, I've been in my rented gaff 11 years in November - do I have the right to 44 weeks' notice ?

Very much doubt LL would sell - they bought as an investment at peak of CT and now live in UK, I think my rent pays the mortgage so they're happy enough.

Passed 8 years, the notice period doesn’t increase anymore and is capped to 224 days (32 weeks) as per the link I posted just above.

dudara

Over 8 years, you have the right to receive 224 days (32 weeks) or you have to give 112 days (16 weeks) the RTB link above provides more detail

davo10

This would seemed to be a case where notice is a double edged sword. If you want the LL to give correct legal notice, then you must abide by the same laws. If you are in the process of buying a house, then by informing the LL that she is wrong and the notice is invalid, you in turn must abide by the same legal notice period (140 days) that could mean you are on the hook for rent for months after you buy your house.

Would you consider informing LL that you are buying and agree on a reduced notice period that suits you both?

GaGa21

Spoke to LL today and she is happy and flexible with a date to suit us which is great. Another thing off the worry list.

PlaneSpeeking

Bob24 wrote: »

Passed 8 years, the notice period doesn’t increase anymore and is capped to 224 days (32 weeks) as per the link I posted just above.

Thanks guys - happy as Larry there so no intention of moving! Good to have the facts tho!

Bob24

PlaneSpeeking wrote: »

Thanks guys - happy as Larry there so no intention of moving! Good to have the facts tho!

Yeah that’s very comfortable. I was in this situation before and moving now as we bought a place, and it’s nice to know you have half a year to get organised if the landlord wants to end the tenancy (although usually when a tenancy lasts that long it means the tenant-landlord relashionship is pretty good anyway and both parties are playing nice with each other).

While it was confortable for me I think over 6 months notice is too long though, personally I’d set the notice period to 3 months regardless of the tenancy duration so that every tenant enjoys the same reasonable level of protection.

Claw Hammer

Bob24 wrote: »

While it was confortable for me I think over 6 months notice is too long though, personally I’d set the notice period to 3 months regardless of the tenancy duration so that every tenant enjoys the same reasonable level of protection.

how would you do that?

Bob24

Claw Hammer wrote: »

how would you do that?

I just mean I would change the law so that it sets the notice period for a landlord to end a tenancy to 3 months regardless of the duration of that tenancy (as opposed to the current law whereby that notice period increases with the duration of the tenancy).

Claw Hammer

Bob24 wrote: »

I just mean I would change the law so that it sets the notice period for a landlord to end a tenancy to 3 months regardless of the duration of that tenancy (as opposed to the current law whereby that notice period increases with the duration of the tenancy).

How can you change the law?

Bob24

Claw Hammer wrote: »

How can you change the law?

I’m just saying that IMO the law would make more sense if it was setting a 3 months notice regardless of tenancy duration and it would be good if it was changed that way.

Not sure what you’re asking?

Claw Hammer

Bob24 wrote: »

I’m just saying that IMO the law would make more sense to me if it was setting a 3 months notice regardless of tenancy duration and it would be good if it was changed that way.

Not sure what you’re asking?

You said you would set the notice period to 3 months. In fact you're advocating a change to notice periods.

Bob24

Claw Hammer wrote: »

You said you would set the notice period to 3 months. In fact you're advocating a change to notice periods.

Yes from my first post I have said that in my option the notice period should be set to 3 months regardless of tenancy duration, which sounds to me like a resonable compromise for everyone (new tenants, long term tenants, and landlords alike).

I genuinely still don’t really understand what you’re getting at as to me the 2 statements you separate by “in fact” are not contradictory, but if it wasn’t clear hopefully now it is.

PlaneSpeeking

Bob24 wrote: »

Yeah that’s very comfortable. I was in this situation before and moving now as we bought a place, and it’s nice to know you have half a year to get organised if the landlord wants to end the tenancy (although usually when a tenancy lasts that long it means the tenant-landlord relashionship is pretty good anyway and both parties are playing nice with each other).

While it was confortable for me I think over 6 months notice is too long though, personally I’d set the notice period to 3 months regardless of the tenancy duration so that every tenant enjoys the same reasonable level of protection.

Sounds fair, 3 months - have to be fair to both LL and tenant.

LotharIngum

GaGa21 wrote: »

Anyone know the notice needed vice versa? We are buying house soon. Signed a lease for year 1. No more since and living here for 5 years. Is 30 days notice applicable or 4 weeks for each year so 20 weeks?

The cards are all heavily in your favour. The most you will lose no matter when you leave is your deposit.
Even if you do decide to not pay the last months rent and tell them they can keep the deposit, nothing can happen to you.

So while legally you are required to do a, b and c. It makes no difference to you if you don't.

wonski

LotharIngum wrote: »

The cards are all heavily in your favour. The most you will lose no matter when you leave is your deposit.
Even if you do decide to not pay the last months rent and tell them they can keep the deposit, nothing can happen to you.

So while legally you are required to do a, b and c. It makes no difference to you if you don't.

Why would you risk losing your deposit and acting like a prick instead of having a chat with the landlord and agree shorter notice. Most landlords are just fine if you act like an adult.

After 5 years tenancy I am sure the landlord will help you, especially when the rental market is dry and should have no problem finding new tenant.

LotharIngum

wonski wrote: »

Why would you risk losing your deposit and acting like a prick instead of having a chat with the landlord and agree shorter notice. Most landlords are just fine if you act like an adult.

After 5 years tenancy I am sure the landlord will help you, especially when the rental market is dry and should have no problem finding new tenant.

Of course giving the correct and agreeing notice is best.
But when it doesn't suit there is no comeback at all on a tenant.
Just pointing that out for the poster.

Bob24

wonski wrote: »

Why would you risk losing your deposit and acting like a prick instead of having a chat with the landlord and agree shorter notice. Most landlords are just fine if you act like an adult.

After 5 years tenancy I am sure the landlord will help you, especially when the rental market is dry and should have no problem finding new tenant.

Exactly. After 6 years when I gave the proper notice to my landlord they thanked me for having been a good tenant and told me that if I want to leave at another date they can be flexible so effectively gave me the option to end the tenancy anytime regardless of my legal obligations.

If the tenancy has lasted that long it means the landlord and tenant are probably fairly happy about each other and there is goodwill on both sides, why even considering ending it badly especially if there is nothing of very little to gain for it?

Claw Hammer

Bob24 wrote: »

Yes from my first post I have said that in my option the notice period should be set to 3 months regardless of tenancy duration, which sounds to me like a resonable compromise for everyone (new tenants, long term tenants, and landlords alike).

I genuinely still don’t really understand what you’re getting at as to me the 2 statements you separate by “in fact” are not contradictory, but if it wasn’t clear hopefully now it is.

In your first post you did not say anything about your opinion. You said you would set the notice period at 3 months. This implies that you had some sort of power to do so. It now turns out that you don't have any such power.

wonski

Claw Hammer wrote: »

In your first post you did not say anything about your opinion. You said you would set the notice period at 3 months. This implies that you had some sort of power to do so. It now turns out that you don't have any such power.

Somehow I understood what the op meant.

None of us have such a power, obviously.

SteM

wonski wrote: »

Why would you risk losing your deposit and acting like a prick instead of having a chat with the landlord and agree shorter notice.

Why should one effect the other? The landlord should only keep the deposit if there is a good reason to do so. Acting like a prick isn't a reason for a landlord to withhold the deposit ffs.

Claw Hammer

wonski wrote: »

Somehow I understood what the op meant.

None of us have such a power, obviously.

Yes, but no one else purported to have such power.

Claw Hammer

SteM wrote: »

Why should one effect the other? The landlord should only keep the deposit if there is a good reason to do so. Acting like a prick isn't a reason for a landlord to withhold the deposit ffs.

The tenant is only entitled to the return of the deposit if he doesn't break the conditions of the lease. Not giving enough notice is a breach of the lease.

wonski

SteM wrote: »

Why should one effect the other? The landlord should only keep the deposit if there is a good reason to do so. Acting like a prick isn't a reason for a landlord to withhold the deposit ffs.

I think you should read the post I was responding to first.

Moving out when it suits just because you no longer need references and when it suits you is exactly that.

Normal people do talk to the landlord first and find a solution rather than just move out.

Moving out before your notice is up and not paying a month or two rent could lead to deposit being held by the landlord. No?

Bob24

Claw Hammer wrote: »

You said you would set the notice period at 3 months. This implies that you had some sort of power to do so. It now turns out that you don't have any such power.

No I never meant to imply that and thought it was obvious that what I meant is that in an ideal world this is what I would do.

Anyway now it’s clear, but did it really come out to you as me claiming have have the power to change the legal notice period??? Would be a pretty bold claim!

Claw Hammer

Bob24 wrote: »

No I never meant to imply that and thought it was obvious that what I meant is that in an ideal world this is what I would do.

did it really come out to you as me claiming have have the power to change the legal notice period??? Would be a pretty bold claim!

Yes it did. I was wondering if you are some kind of dictator.

Fol20

I would actually like the 3 month rule. I think the legislation is too complicated now and if it was 3months no matter how long or short you were there would be fair. Generally speaking as a ll I’m fairly open to even a months notice for good tenants and especially bad tenants( the quicker their out the better). For 1 tenant I had, they lived there for about 10 years without an ounce of trouble, they gave me 2 weeks notice and I gave them the benefit of the doubt because of the situation and how decent they were as human beings

Bob24

Fol20 wrote: »

I think the legislation is too complicated now and if it was 3months no matter how long or short you were there would be fair.

Yeah that’s one of my reason for thinking it would be better to change it: make it simpler so that everyone is treated in the same way and is clear about their entitlements and duties, and pick a middle ground which will give a bit more protection to fresh tenants, a bit less to long term ones, while being reasonable for landlords and giving them consistency in the way they approach tenancy terminations.

This thread probably wouln’t even exist as if there was only one notice duration every tenant and landlord would most likely just know how long it is and not have to look it up.

Claw Hammer

Bob24 wrote: »

Yeah that’s one of my reason for thinking it would be better: make it simpler so that everyone is treated in the same way and is clear about their entitlements and duties, and pick a middle ground which will give a bit more protection to fresh tenants, a bit less to long term ones, while being reasonable for landlords and giving them consistency in the way they approach tenancy terminations.

This thread probably wouln’t even exist as if there was only one notice duration every tenant and landlord would most likely just know how long it is and not have to look it up.

The reality is that the landlord can do nothing if the tenant doesn't give the proper notice, whereas the tenant can screw the landlord around if the landlord does not give the proper notice. The tenant can walk out months early, the landlord is expected to mitigate his loss by letting the place immediately so he cannot get any compensation from the tenant as a result.

Bob24

Claw Hammer wrote: »

The reality is that the landlord can do nothing if the tenant doesn't give the proper notice, whereas the tenant can screw the landlord around if the landlord does not give the proper notice. The tenant can walk out months early, the landlord is expected to mitigate his loss by letting the place immediately so he cannot get any compensation from the tenant as a result.

I’d said that firstly many tenants are not ar**oles who have no interest in the law, and because some are doesn’t mean what the law says is irrelevant and is not open for change.

And secondly while I agree they have limited options I would dispute the statement that landlords can do *nothing* if no proper notice is served. They have a deposit they can retain, and obviously if the ex-tenant requires a reference they are not going to get one.

Claw Hammer

Bob24 wrote: »

I’d said that firstly many tenants are not ar**oles who have no interest in the law, and because some are doesn’t mean what the law says is irrelevant and is not open for change.

And secondly while I agree they have limited options I would dispute the statement that landlords can do *nothing* if no proper notice is served. They have a deposit they can retain, and obviously if the ex-tenant requires a reference they are not going to get one.

References are no big deal. The deposit is soon gone, particularly if the tenant doesn't pay near the end. Once a tenant moves out the property has to be cleaned and refreshed and ready for a new tenant the void. It will invariably be more than the value of the deposit. The RTB does not compensate for void periods.

Fol20

Bob24 wrote: »

I’d said that firstly many tenants are not ar**oles who have no interest in the law, and because some are doesn’t mean what the law says is irrelevant and is not open for change.

And secondly while I agree they have limited options I would dispute the statement that landlords can do *nothing* if no proper notice is served. They have a deposit they can retain, and obviously if the ex-tenant requires a reference they are not going to get one.

Normally if they are moving, they are at a stage where they don’t need a reference plus ll references mean nothing. Some ll might give a good reference to get rid of a tenant while other might use a fake reference. All I take now is a job reference.