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Is this Notice of Termination valid?

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135

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  • Registered Users Posts: 1,784 ✭✭✭mrslancaster



    But you would be fighting your corner if you got agreement for compensation for the tax refund and also for leaving early. I suppose it depends on what you consider a 'win'.

    A single individual is not going to change the entire landscape of dodgy suppliers in any sector, including the rental market, and I would suggest there are less dodgy landlords nowadays because of the strict rtb rules and less dodgy estate agents as they are also covered by tight rules and regulations. Also, if you have proof that there is any criminality or tax avoidance going on, then flag it up to Revenue.

    Personally I would prefer to spend my time looking out for my own situation and let the dodgy landlord answer to the rtb for his failure to register correctly. They will follow it up now that you've alerted them.



  • Posts: 0 [Deleted User]


    I completely understand your point, and it's a pragmatic one.

    I tend to be driven by emotion though, to my detriment at times!

    And as you say, references are important too. To be honest, I don't even have the contact details of my previous two references.

    This, my latest reference, is clearly not going to go down with any prospective landlord or letting agent in the future. It just won't work.

    I'll simply have to persuade the letting agent / landlord of the circumstances that led to my expulsion, and hope my honesty on the matter and my respect for tenant rights and landlord obligations, is enough to win them over.



  • Registered Users Posts: 491 ✭✭SwimClub


    I still think you are jumping the gun because you haven't received notice of termination. I'd make it clear to the letting agent that you are not going anywhere without that or alternatively they can find you an alternative place and pay you the 500 euro rental allowance instead.



  • Registered Users Posts: 1,297 ✭✭✭walterking


    There's a sniff of horse manure off this thread.

    I'm thinking the op is leading people on with his "CPA" and total lack of knowledge about his "landlord"

    Oh, and a new reg.


    Hmmmmm...



  • Posts: 0 [Deleted User]


    No, there isn't.

    The story is far too bland and bureaucratic to be anything other than legitimate.

    Furthermore, yes, given the gravity of what's at stake - namely, my current home - I thought it necessary to register to appeal to the far more experienced knowledge and support base that this forum possesses. And you can quite clearly see how invaluable the advice to date has been.

    I still haven't heard anything back yet about this termination notice but should I do, I intend to do precisely this - mention that it can only be issued with an RTB number and must follow due process. In the meantime, I'm keeping my cards close to my chest and do not intend to rock the boat any further.



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  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Being a trouble-maker and being forced to move is one thing, going telling porospective landlords you are a troublemaker is quite another. The more expensive the property, the more careful owners and agents are. Going around boasting about being a trouble maker is unlikley to commend you to any agent or landlord.



  • Posts: 0 [Deleted User]


    How is standing up for tenant rights and ensuring landlords adhere to their obligations, "troublemaking".

    That's more like victim blaming, if anything.

    The only person making trouble for themselves is the person not sticking to the letter of the law.



  • Registered Users Posts: 14,131 ✭✭✭✭Dav010


    You could be morally and legally correct, but still end up searching for a new place to live. Such is life in the rental sector.



  • Posts: 0 [Deleted User]


    You are just comming across as a little bit spiteful now that your tenancy appears to be coming to an end. You are making yourself out to be a victim when nothing much has happened except you getting your provisional matching orders.

    Unless you have evidence that the landlord has done something in breach of legislation do yourself a favour and just start looking for new accommodation, im not sure if you are aware but there is a shortage at the moment and it may take you longer than your notice period to find a new place. It sounds like the agent went above and beyond giving you advance notice of your termination.

    If you Intend staying in the locality just be aware that ireland is a small place and landlords talk to each other. While you are frustrated at the moment and want to show your landlord who is boss it may have untended consequences for yourself in the future if you intend to continue renting.

    If the landlord is using an agent there is a 99% chance that they are registered with the RTB. Once they are registered you will be able to claim your tax credit.



  • Registered Users Posts: 8,364 ✭✭✭Ray Palmer


    People really over estimate the actions of the RTB. If you don't register a tenancy and a dispute is brought up you will not get the maximum fine or any fine at in most cases. They only bring court cases for people who ignore repeated warnings about registering. Doesn't matter if you are right or not you will very rarely "win" as it rarely becomes anything. Had to deal with a relatives property recently and I just paid the registration fee late and I don't remember any late fee or it was very small.

    The assumption made by many is if it isn't registered the landlord is not paying tax and they will get caught out as a result of RTB registration. It really isn't the case and just wishful thinking of revenge. Even if they get caught on tax there isn't much punishment unless you have been prosecuted before.

    Look at this way if somebody punched you in the face do you think that person is definitely going to be prosecute and put in prison?


    OP go find a place to live it is really not worth the hassle and you are extremely unlikely to get anything out of it.



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  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    No landlord wants a tenat who aggressively sticks up for their "rights". Your current landlord wants rid of you. It is not enough you are paying under the odds, you want jam on top. No landlord hi their right mind will want anything to do with you.



  • Registered Users Posts: 14,131 ✭✭✭✭Dav010


    Easy tiger.

    (Not to be mistaken for the literal animal of the feline family)



  • Posts: 0 [Deleted User]


    It's worth emphasizing that all I did was ask for details relating to the rent credit.

    Then I received an email to leave the property 2-weeks later.

    Whilst I admire your attempt to frame me as the bad guy here, the facts suggest otherwise.



  • Registered Users Posts: 4,388 ✭✭✭FishOnABike


    What you appear to have received is an email giving you a heads up that you might be receiving a notice of termination sometime in the future if the landlord decides to follows through on the possibility of selling the property.

    That's a long way from an email to leave the property.



  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    You are only looking at this from your point of view. Your landlord and any prospective landlord see things differently. As far as they are concerned, you are trouble. It is nothing to do with whether you are the bad guy or the hero.



  • Registered Users Posts: 14,131 ✭✭✭✭Dav010


    Asking about rent credit isn’t trouble though, or certainly shouldn’t be considered trouble by any LL who runs their rental business in the correct manner.



  • Registered Users Posts: 3,971 ✭✭✭spaceHopper


    I'd do nothing and wait for them to give you the correct notice. In the meantime citizens information have a good rental section to educate you on your rights.



  • Posts: 0 [Deleted User]


    I agree its a simple request and a tenant should not be labelled as trouble maker for requesting the information that will assist them in claiming the renters tax credit.

    The OPs story doesn't make a whole lot of sense though, they are annoyed that the agent hasn't provided the information required to claim the tax credit but the OPs opening post indicates that the agent will forward the information when they have it. I assume the agent needs time to request the information from the landlord.

    They then talk about a provisional notice of termination that they believe is in response for the OP requesting the information for the tax credit. They have not received official notice yet but believe it will be illegal when it arrives as the property they are renting has not been listed on the property price register yet even though the opening post the agent states that the landlord has been made an offer (not sold the property) and official notice is to follow. It sounds like the agent is trying to do the OP a favor by giving them extra notice but the OP intends fighting them over who knows what.

    The OP appears to be showing a lot of unwarranted hostility towards the agent/landlord and appears to want to fight a future notice of termination. I think that kind of response has the potential to label the OP as trouble and has probably tainted other posters opinion of them.



  • Registered Users Posts: 491 ✭✭SwimClub


    They requested the registration number and were told by reply, after a 2 week delay, to make arrangements to find a new place, it is definitely suspect.

    The OP then contacted the RTB and the tenancy isn't registered.



  • Posts: 0 [Deleted User]


    The OP got an e-mail response from the RTB within one day apparently. Having recent dealings with them I find that very hard to believe.



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  • Registered Users Posts: 1,273 ✭✭✭The Spider


    Simple as this, a lot of landlords are thinking about leaving or wondering why they bothered in the first place, majority aren’t making any money, and it really is something they’ve ended up with.

    While all this is running through their heads they get an email from a tenant looking for their 500 euro, then they think they’re going to ask for repairs etc, landlord doesn’t have the money, sees the whole thing as something costing him money and no benefit.

    Decides to sell, never wanted to be a landlord in the first place, he can’t believe he’s been one for so long.



  • Registered Users Posts: 491 ✭✭SwimClub


    If one were cynical they might suspect they are faster getting back to tenants than landlords!



  • Registered Users Posts: 2,594 ✭✭✭newmember2


    This is a wind-up



  • Posts: 0 [Deleted User]


    While possible its highly unlikely, the RTB are taking up to four weeks to respond to people trying to give them money.

    It takes them three weeks or more to process an online registration.

    The RTB have apologized and stated that they are overwhelmed at the moment, their current goal is to respond to tenants queries within 5 working days which they are struggling to meet.

    Yet the OPs enquiry appears to have been prioritized as they received a response within 24 hours, I think the OP is contacting a different RTB to the rest of us.



  • Posts: 0 [Deleted User]


    What more evidence do I need to produce?

    I have already backed up my concerns with the clauses of my tenancy agreement.

    But to quell the doubters, I've attached a screenshot of the email correspondence between me and the RTB team - clearly redacting names and case IDs for obvious reasons.




  • Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    The RTB won't help you find alternative accommodation. You should apologise to the agent and stop talking youself out of your accommodation.



  • Posts: 0 [Deleted User]


    Never said they would.

    And I won't take your advice nor your conclusion on your latter point, either.



  • Registered Users Posts: 491 ✭✭SwimClub


    Looks like it's a different unit within the RTB, registrations seems to be the one that has massive delays.



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  • Posts: 0 [Deleted User]


    Just to add another dimension to this, it looks as if I would like to move to another place regardless. This is mostly due to a relationship I'm in.

    If, say, I wanted to move out to another place on July 1, would a letting agent / landlord typically allow this - if I give notice and they have time to find another tenant (presumably at a much higher rent, to it benefits them too).

    The agent has already suggested that I should find a place anyway.

    Is this kind of arrangement normal?

    What were to happen if the landlord objected to my moving out on 1 July and rather I stayed longer, but I decided to leave the property regardless? Would I simply just lose the deposit?

    Just wondering what the best way to navigate this might be.



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