3 Months notice

Hedgecutter

Has the new law that tenents get 3 months if theyre contract is terminated been signed to law or is it still 28 days?

tvjunki

New notice periods were introduced on the 6th July 2022.

You must follow a new protocol where you give notice to your tenant as well as RTB at the same day. If you do not send a copy the notice will be invalid. There is a template to use on RTB site that landlords must use to give notice as well as a template to update RTB of change.

https://www.rtb.ie/ending-a-tenancy/notice-periods-that-a-landlord-should-give?gclid=EAIaIQobChMIha_816PV-gIVOIBQBh3HVwFKEAAYASAAEgIbkPD_BwE

From 6 July 2022, the notice periods a landlord must provide a tenant when ending a tenancy have increased. They are as follows: 

 

Duration of tenancy notice period  

Days  

Less than 6 months  90 days 

Not less than 6 months but less than one year  152 days 

Not less than 1 year but less than 7 years  180 days 

Not less than 7 years but less than 8 years  196 days 

Not less than 8 years  224 days 

Landlords must also send a copy of the Notice of Termination to the RTB at the same time as they serve it on the tenant. Failure to send a copy to the RTB at the same time will invalidate the Notice of Termination.

Hedgecutter

Ok. So the failure to pay rent termination is still 28 days.

tvjunki

https://www.boards.ie/discussion/comment/119727139#Comment_119727139

Not that easy.

There is a 6 step procedure you have to follow! Down load the procedure in rent arrears warning notice and notice to termination template Jan 22. Got to page 4 of https://www.rtb.ie/forms-documents/P30

Definately download the word document and follow the 6steps or you will have to start all over again.

When you can issue a 28day notice. You must issue a copy to RTB at the same time.

You must send a letter stating the amount in arrears and give them 28days notice to pay. If the rent is not paid by the 29th day(give an extra day or so) you then give 28days notice to Terminate. Once again you have to send a copy to RTB the same day or it is invalid.

In either time your tenant can pay the rent and start the clock again. There is a case where a tenant was constantly late and after 8months or so the landlord gave them notice and RTB ruled in favour of the tenant. The landlord accepted the tenant was constantly late and the landlord had accepted it.

Process for Rent Arrears unchanged 

The termination process for rent arrears remains unchanged. Landlords must continue to serve a copy of the 28-day written rent arrears warning notice to the RTB. The 28-day period will count from the date that both the tenant and the RTB have received the warning notice, so landlords must send both notices at the same time. A landlord must also send a copy of the Notice of Termination they have served on their tenant for rent arrears to the RTB on the same day they serve it on their tenant. Please note that failure to submit a copy of the rent arrears warning notice or any Notice of Termination to the RTB will invalidate the Notice of Termination.

https://www.rtb.ie/ending-a-tenancy/how-a-landlord-can-end-a-tenancy/landlords-grounds-for-ending-a-tenancy

Rent arrears warning notice and notice of termination template. page 4 of https://www.rtb.ie/forms-documents/P30

Rent arrears payment plan not warning given.page 4 of https://www.rtb.ie/forms-documents/P30

Template notice of termination form on https://www.rtb.ie/forms-documents/P30

tvjunki

Note if you do not send a copy to RTB with their update form the notice will be invalid. Make sure you are spot on with your dates. If you mess up you have to start again. Notices can be emailed to RTB the day you issue notice to the tenant.

The Notice will be deemed invalid if it is not copied to the RTB on the same day as it is served on the tenant. Landlords are encouraged to retain a copy of any Notice served and retain proof of postage to the RTB. If for example a landlord is serving a Notice of Termination on the tenant by post or hand delivery, then on the same day the landlord must serve the RTB by email or post.  

Notices can be emailed to NoticeofTermination@rtb.ie or posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork. 

Please click here to find Sample Notices of Termination on RTB.ie.

https://www.rtb.ie/regulation-of-providers-of-building-works-and-miscellaneous-provisions-act-2022

tvjunki

https://www.boards.ie/discussion/comment/119727139#Comment_119727139

Sorry they made it complicated.

First you give 28notice that the rent is late. You wait to the 29th day you then 28days notice to leave! You must follow the 6steps above. They can pay any time during the notice periods.

Hedgecutter

I have followed all the steps and the tenants are out if the house, still owe 5000 euro in rent. Waiting for my solicitor to get back to me but I feel.im throwing good money after bad.

Wanderingmind

https://www.boards.ie/discussion/comment/120231363#Comment_120231363

Count your blessings that they are gone!