Giving notice to tenants

pooley124

Hi, I'm wondering what is the best way to go about giving notice to tenants. I'm aware that there is a particular procedure that has to be followed so I want to make sure it's done correctly.

Also I live 120 miles from the house so I'm thinking of getting either an estate agent or solicitor to do it. Any advice on who is best to handle this?

kevgaa

As you said the important aspect is follow the procedure to the letter of the law and make sure there is no room for the tenant to challenge the validity of the notice. Also whatever the statutory notice is give a few extra days just in case you get delayed delivering the notice etc.

As for informing the tenant in my opinion the best approach is to do it in person. I did that and for the notice i printed a few copies and got the tenants to sign and date them. It will help with the validity of the notice but alas after that you are in the lap of the Gods as to if the tenant will move-out on time or overhold. Best of luck.

What is the reason for the notice? Selling up?

gipi

Isn't there a form on the RTB site? The RTB must be notified too, I think.

pooley124

https://www.boards.ie/discussion/comment/121125698#Comment_121125698

Yes going to sell. The distance it is away makes it difficult to look after. I think I would make more sense to buy an investment property up here in NI.

pooley124

https://www.boards.ie/discussion/comment/121125707#Comment_121125707

Yes the RTB have to be notified the same day. I just wondered had anyone else gotten an EA or solicitor to do the job and if there was any advantage to doing so.

Registered post. You just need to be able to show they received it if they dispute it.

There are templates on the RTB website for the notice letter and the declaration of intent to sell.

https://www.boards.ie/discussion/comment/121126229#Comment_121126229

whatever is easier for you is what’s best I think. If you have a good relationship with the tenants or they’ve been there for a while I would myself probably give them a shout and let them know personally just so there’s less of a shock when the letter comes.

If it’s been handled by your agent up til now then there’s really no need to deviate from that. I certainly wouldn’t drive 240km round trip to hand tenants I never knew from a bar of soap a notice

Claw Hammer

https://www.boards.ie/discussion/comment/121126656#Comment_121126656

Recorded delivery is better than registered post. They can always refuse to sign for registered post. The important thing is to keep proof of posting.

https://www.boards.ie/discussion/comment/121126797#Comment_121126797

No you can’t? If you don’t sign you don’t get the letter. A Post has no service called “recorded post”.

pooley124

https://www.boards.ie/discussion/comment/121126722#Comment_121126722

Yes I will let the lead tenant know before I show up with the letter. I might run through it all with a solicitor beforehand just to make sure everything is ok.

I know two of them reasonably well as they've been there for over 10 years. The other two I've only met once. There's a fifth person who isn't supposed to be there, haven't a clue who he is.

Maz2016

https://www.boards.ie/discussion/comment/121127160#Comment_121127160

Actually they do - express post. It's recorded delivery and the tenant does not need to sign. You can tract it online. I highly recommend this

https://www.boards.ie/discussion/comment/121127575#Comment_121127575

Did I say they didn’t have a recorded post service or that they have no service called recorded post?

You even called it by its name? I don’t see what your point is here other than to literally just confirm what I said but while telling me I’m wrong.

https://www.boards.ie/discussion/comment/121127518#Comment_121127518

A solicitor is just paying for the same advice the RTB would give you anyway but for free.

Mrs OBumble

https://www.boards.ie/discussion/comment/121127750#Comment_121127750

While they may give some advice, RTB do not provide an advisory service for landlords. They will not do a detailed review of document to ensure that all legal angles are covered. A solicitor is needed for that.

OP, you need to think about what is the best way to manage the relationship with the tenants so they do their best to move out when you want them to, or before. Even if they want to, it will be challenging. You have a LOT to lose if they don't move, so you need to do everything you can to reduce the chance of that happening.

If it were me, I'd do the driving, and talking to them about how I'm open to them moving out as soon as they find somewhere, and promising that they can stop paying rent the day they move out.

Maz2016

https://www.boards.ie/discussion/comment/121127742#Comment_121127742

What are you talking about? You said "If you don’t sign you don’t get the letter". I'm saying if you send by express post, the tenant doesn't need to sign - the post person marks it as delivered and you have proof as you can track online. Its a good option for the OP

Claw Hammer

https://www.boards.ie/discussion/comment/121127742#Comment_121127742

A person need not sign for registered post. Many people don't. That means the person who sent registered post only has evidence of posting not of receipt, or delivery.

AN Post do indeed provide a service where they record delivery, The RTB avails of it when sending documentation to parties in cases.

ted1

https://www.boards.ie/discussion/comment/121127518#Comment_121127518

its all here: Notices of Termination | Residential Tenancies Board (rtb.ie)

the important part is making the statutory declaration.

 A Statutory Declaration must take a specific format and must be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner. Please note that the Declarant must sign the Statutory Declaration themselves, it cannot be signed on their behalf by an authorised agent. 

DubCount

https://www.boards.ie/discussion/comment/121139481#Comment_121139481

Its all important. Making sure the term is calculated correctly, making sure the notice to tenants and notice to RTB are on the same day, making sure the wording is correct...... its not all about the statutory declaration.