Termination Notice

twiggy55

Got termination notice after ten years living in rented accommodation. Landlady defaulted on mortgage payments so has to sell. Maybe if she didn't put my rent into her own pocket and payed her fecking mortgage in the first place I wouldn't be in this ****! Should I fight this to keep a roof over me head?

suvigirl

What will you fight though?

If your landlady has given you a correct notice of termination because she is selling the house, I'm not sure what you could fight?

the_amazing_raisin

Ask what she's selling it for and make an offer if you can

cfingers

Who is selling it? The landlord or a receiver?

pat_sconce

You should have about 8 months notice.

Check the notice and see if it adheres to the fairly strict formula she has to use.

If not, wait a couple of months (or longer) appeal it to rtb and the clock starts again

twiggy55

https://www.boards.ie/discussion/comment/120868321#Comment_120868321

Mmmm...She rented the place out to me back in the day to pay her mortgage essentially a free ride. She defaults on her mortgage so has to sell and Im furnished with a termination notice? In todays climate and with a housing crisis going on surely I should fight?

twiggy55

https://www.boards.ie/discussion/comment/120868417#Comment_120868417

Not sure yet?

suvigirl

https://www.boards.ie/discussion/comment/120868636#Comment_120868636

I don't see what grounds you have to fight on if that's the argument.

If she has given you a correct notice of termination, it's really none of your business why she is selling the house.

Any chance she would sell to you?

HazeDoll

Who are you going to fight? Is the landlady selling the house or has it been repossessed?

It's not a nice position to be in but I don't see that you have a real argument to be allowed to stay in the house. You paid your rent as agreed, it's not your fault the landlady wasn't using it to pay her mortgage, but it's not up to you how she manages her money. She is entitled to sell the property whether she has been paying the mortgage or not.

After ten years the prospect of moving must be pretty daunting. Make sure you get the correct notice, use the time to find another place. There's nothing stopping you from exploring options but I suspect that if you put your energies into fighting to stay, you'll lose.

twiggy55

https://www.boards.ie/discussion/comment/120868424#Comment_120868424

Its appealed to RTB and appeal coming up but anything like this hanging over anyone's head...I would not wish it on my worst enemy.

twiggy55

Am I wrong to think that if she just paid her mortgage then I wouldn't be in the situation of facing being homeless?

suvigirl

https://www.boards.ie/discussion/comment/120868719#Comment_120868719

Doesn't really matter. She could sell even if she paid her mortgage.

mct1

Selling is a legitimate reason for termination of rental. But notice has to be given correctly or it can be disputed. See the good advice on post #5.

I'm not a landlord, never have been, but the fact is your landlady is not a charity and has every right to put your rent "in her pocket". And I can't see how using rental money to pay the mortgage can be called "a free ride". It's tough on you that she can't afford to keep the place. I'd start looking for alternative accommodation straight away, but check out if that termination notice is valid. The are several agencie/charities that can advise you on that.

Jim_Hodge

What she did with the rental income has nothing to do with you or the termination notice. Although its completely irrelevant, You seem to think your rent was paying the mortgage. Why didn't you pay your own mortgage instead of hers, then?

Things go belly up for people, including landlords, and you've no idea what other financial pressures she may have had. Your only case may be on the about if notice given. If the property is being sold then its being sold. It does matter if that sale is by the owner, a receiver, or the bank.

CramCycle

Good news is you have a huge chunk of time as correct notice is over half a year. Are you in a position to buy? The fact that you are a sitting tenant means they will lose value trying to show the house now so you are in a good position if you can afford to buy.

As for getting angry with her and "fighting it", there is nothing to fight, don't lose sleep over it. She could have been blowing it on coke and hookers, but it doesn't give you any more rights, it was her money.

Focus on solutions for you, you have paid rent for 10 years, if renting is the way you have to go, then she should at least give you a stellar reference. Until then, stay in there until your notice is up.

twiggy55

https://www.boards.ie/discussion/comment/120868727#Comment_120868727

I don't seem to (think) that my rent was paying her mortgage...she rented the place out to me to specifically pay her mortgage. If it was that easy to get a mortgage then I would get one tomorrow😂

Bridget Clarke

That’s rough on you OP. Hope it all works out OK for you. BC

twiggy55

https://www.boards.ie/discussion/comment/120868780#Comment_120868780

Thank you...my anger was building over all of this as there are other issues at play. I was a full time career to my elderly parents or was as my father died in January so just my elderly mother now. Im just 3 doors away from my mother and if Im to move Im so worried about what will happen to her? I do understand my situation as a whole re even landlady but when it comes to the dynamics of a housing situation and how it affects other people surely there should be some recourse? I don't know? Im getting sick with worry as there is no where to rent local...Ive already resigned myself to sleeping in my car outside my mothers house just so I continue caring for her?

Jim_Hodge

https://www.boards.ie/discussion/comment/120868789#Comment_120868789

What did you want? That she rent to you as a hobby or some philanthropic exercise? As I said, it's irrelevant. Her property, her rental income, her right to use that income as she chooses. You need to direct your energy towards finding a new home rather than beating your head off a brick wall about something you can't change.

https://www.boards.ie/discussion/comment/120868789#Comment_120868789

I’m struggling to see why you are so hung up on what she used the rental income for. Even if she didn’t have a mortgage, or used the rent to pay her mortgage, sale of a property is one of the reasons by which a LL is legally entitled to terminate the tenancy. It’s unfortunate for you, and if the notice is invalid of course you should dispute it, but being pissed off because the property is being sold is not a valid reason to fight a legal notice of termination.

On what grounds are you disputing the termination, is it invalid for one of the reasons outlined in the RTA?

twiggy55

https://www.boards.ie/discussion/comment/120868915#Comment_120868915

Completely agree with you Jim...her property, her rental income and her right to use that income as she chooses.

twiggy55

https://www.boards.ie/discussion/comment/120868940#Comment_120868940

After my father died in January my careers allowance halved so had to claim HAP to keep me going until I get on an even keel again. Then came my termination notice.

dennyk

Could you move in with your mother if need be? Not an ideal situation, I'm sure, but better than sleeping in your car, surely...

twiggy55

https://www.boards.ie/discussion/comment/120869013#Comment_120869013

Not possible as my son lives at my parents house with his own disabilities which he can manage without my care...so far...but his health is beginning to deteriorate at rocket speed now he knows the score! Its all fecking up our family dynamics on so many levels.

airy fairy

It's none of your business if the landlord decides to squander the rental of her property, to invest in other properties or to flush the money down the toilet, or maybe she just wants to sell up. Once proper notice is given, she can do what she wants. It's not up to landlords to house you if they want out!

DownByTheGarden

I knew a few people who sold in the last few years because rent minus tax and expenses wouldnt cover the mortgage. Only sensible thing was to sell and clear the mortgage. Otherwise they wouldnt be able to pay it. One of them felt very guilty that they had to give their tenant notice but they were asked was it a hobby they were at. There are even so many people making a profit now who have to sell because rentals are no longer viable when weighed against the risk and expenses and the very real possibility that a tenant will not want to move out when given notice.

You would want a heart of gold and balls of steel to remain a landlord these days.

gipi

If you're on HAP, your local authority might consider buying the house and leave you in it. Mention this to your landlord, they might be interested.

Caranica

It is your responsibility to house yourself, not the property owner's. You've got a termination notice, instead of fixating on the property owner's finances (which are none of your business) you need to focus on securing alternative accommodation. Nothing to fight.

https://www.boards.ie/discussion/2058305596/termination-notice

10 years so thats 224 days of notice.

Be sure she attached a statutory declaration to the notice if she INTENDS to sell.

If there is no SD the termination is null and void.

A SD must be signed by a solicitor. If there is no SD don't tell her.

Keep your gun powder dry until the 200th day and then raise the issue.

Now a new TN must served and you get another 224 days.

email threshold.ie ASAP.

https://www.boards.ie/discussion/comment/120870987#Comment_120870987

The op would be screwed if he/she waited 200 days to dispute the notice.

“Since 6 July 2022, if a tenant has an issue with the validity of the Notice of Termination they have received, a tenant now has 90-days (from the receipt of the notice) to apply for Dispute Resolution with the RTB. This was increased from 28-days. “

https://www.rtb.ie/ending-a-tenancy/notices-of-termination

https://www.boards.ie/discussion/comment/120871032#Comment_120871032

85 days it is then but thats only if the NoT is valid with a standard declaration with an intention to sell.

If it s not valid its not a NoT. Do you see?

If a vaild NoT was served its 90 days.

If its invalid it is not a NoT. Its a piece of paper.

email Threshold is something I'd do immediately.

airy fairy

Yup, email threshold. They're the best crew to tell you how to screw a landlord, and overhold. No wonder landlords are selling up and running with the fight with all your might regardless of circumstances mantra.

herbalplants

https://www.boards.ie/discussion/comment/120869073#Comment_120869073

I am sorry for the situation you are in, but I don't understand why you have high expectations from a stranger which is your landlord but you feel you can't move back in your mom's house when in fact you are her carer. The best way you can care for your mom is by living with her full stop no ifs no buts. You must manage your son whatever it is. A stranger owes you nothing.

In actual fact because of more people like @[Deleted User] there will be absolutely no accommodation for you to ever rent in future unless the state builds social housing. It makes no viable sense for a stranger like your landlord to buy and rent a house, unless they are nuts.

https://www.boards.ie/discussion/comment/120872153#Comment_120872153

Merciful hour that hit me in the feels.

ballyharpat

https://www.boards.ie/discussion/comment/120872179#Comment_120872179

out of curiosity, could you explain to me how, or why?

I read your previous advice, its wrong, it will not serve them well, if they are issued a 'termination notice', it's deemed a termination notice, if its filed wrongly, the tenant needs to so something about it in the 90 days, otherwise the tenant loses the right to claim it on a technicality.

Do you think a landlord that has to sell their property for financial reasons would be doing it if it were financially viable to keep the property?

Perhaps they were paying rent in another property and subsidising it with the rent from this house, then maybe their landlord raised the rent and they didnt or couldn't raise the rent in the op property. Maybe they lost their job and could not claim HAP, as they own a house, unlike the op who can claim social welfare assistance. Perhaps the landlord has a sick relative and could not claim expenses from the government like welfare or medical card, which the op more than likely has.

You are clearly suggesting to stick it to the landlord as much as possible, without knowing anything about them other than what we are told currently, that they need to sell their house as they cannot service the mortgage.

Maybe I missed it, has the op indicated on what grounds the notice is being disputed to the RTB?

herbalplants

https://www.boards.ie/discussion/comment/120874588#Comment_120874588

The grounds that in the op view the landlord put the rent in her pocket instead of paying the mortgage... This is it. How dare the landlord a stranger to the OP do her own financial affairs how she sees fit.... She should instead pay mortgage to provide roofs for others.

just_a_gurl

This post has to be a wind up..right???

you do realise op that up 52% of rental income goes to revenue (I'm assuming here the LL has a day job & other income & is taxed at 40% +PRSI & USC charges), so in order for your LL to "pay the mortgage" with your rent she would need to be charging you almost 1.5 times the monthly mortgage (less annual interest charged if applicable) to cover the full repayment every month...

Have you also forgotten that interest rates have increased substantially in the last year & even though the interest can be claimed back as an expense in certain cases, your LL would still have to stump up the monthly fee & reclaim after the close of the tax year...

As others have said, the LL's personal circumstances are unknown to you...she could indeed be after falling on hard times herself. Either way, she owns the house & she has the right to sell it in line with the provisions in the RTA. If she has not followed the guidelines for the termination, then fine, involve the RTB but if you are just doing it to chance your arm & hope you get to stay a little longer, well I think your time would be better served trying to secure alternative accommodation for yourself.

DownByTheGarden

https://www.boards.ie/discussion/comment/120879067#Comment_120879067

They can only offset the interest against their tax.

So best case scenario at least half of the interest on the loan comes out of the landlords pocket.