Tenant claiming notice of termination is invalid

Danick

We hired a solicitor to devise a notice of termination. It was served and all info sent to RTB. Everything is above board and to the letter of the law. Tenants ( young professional couple with no kids) had 3 months to contest it and that time lapsed. Now with less than a month to go before thy are due to leave I got an amateurish letter saying the termination notice is invalid. No reasons were provided as to why it is invalid. What can I do - we had planned to put it up for sale in April? Thanks

meijin

https://www.boards.ie/discussion/2058338288/tenant-claiming-notice-of-termination-is-invalid

Nothing. They still have one month to leave, right?

Redneck Avenger

I don't think you need to do anything at the moment.

Did your termination notice state the time you will be conducting a visit to inspect the property with the intention of deposit return and key collection?

If so then turn up at the property at the given time and carry out the duties.

They are no longer tenants from that moment if everything is above board.

havana

if there was something wrong with the NOT the RTB would have written to you. I got a letter from them as I missed a document in the notice I sent the RTB (the tenants had received all relevant docs).

meijin

https://www.boards.ie/discussion/comment/121830063#Comment_121830063

"carry on the duties"? Not exactly.

If they don't leave, you can file a dispute with RTB for overholding, and follow the process through RTB.

Redneck Avenger

https://www.boards.ie/discussion/comment/121830360#Comment_121830360

He will know when he turns up to the doorstep on the day of termination. The OP has no obligations in communicating with the current tenants until the day when he rings the door.

They are no longer tenants from the moment the contract expires

meijin

https://www.boards.ie/discussion/comment/121830419#Comment_121830419

So he rings the door and does what exactly?

CramCycle

I get people's point but in reality the OP should have a letter from his solicitor to the tenants by registered post confirming that the notice was valid. Otherwise they will be there with everything still in place. Sounds like something they were advised to do over the phone by an organisation that doesn't know the law as well as it claims.

Redneck Avenger

https://www.boards.ie/discussion/comment/121830450#Comment_121830450

Weird I have to spell this out.

He would turn up to the property as normal to conduct the inspection in relation to returning the deposit and getting the keys.

At this stage nothing as changed.

The OP will need to decide what happens next at that specific time.

CramCycle

The letter should reconfirm the date and time of inspection.

Ginger83

https://www.boards.ie/discussion/2058338288/tenant-claiming-notice-of-termination-is-invalid

It would appear that your tenants are not happy and don't want to leave and now possibly intend to play the system to buy more time. If they believe the notice is not valid they must take a case to the RTB.

A letter to you is of no benefit to them however do nothing without speaking to your solicitor

Claw Hammer

https://www.boards.ie/discussion/comment/121830419#Comment_121830419

They are tenants until any dispute with the landlord has been dealt with by the RTB.

combat14

https://www.boards.ie/discussion/comment/121830513#Comment_121830513

do nothing without consulting your solicitor is good advice in this case

the rtb website should set out the all the correct procedures to carefully follow

JVince

Be very careful. Use your solicitor to reply to them that the notice was valid and that the house is being put on the market in April and there are no grounds for appeal.

The problem is the solicitor may have got a minor point incorrect and if so, the notice will have to be reissued.

I know one person who has over-stayed by almost 2 years. In fairness they have paid the rent in full and looked after the place, but very frustrating for the owner. (they bought at auction with tenant in situ)

reggie3434

Sound likes reality finally kicked in for these 2 youngsters and they see how hard/expensive it is to get another place, hire someone like the Viper to knock on the door!

Just selling a rental property and it's a relief, never going near that kind of hassle again, tenants left the place like a sty and then go banana's when deposit is hit, I can't understand people some times.

combat14

when is the right to purchase legislation going through?

Claw Hammer

https://www.boards.ie/discussion/comment/121836046#Comment_121836046

What do you mean reality finally kicked in f these 2 youngsters? They have played the game cleverly. Reality is yet to kick in for the landlord. The landlord will have to begin an overholding case, get a determination order and then enforce it. The tenants can slow it down every inch of the way.

Danick

https://www.boards.ie/discussion/comment/121837928#Comment_121837928

I'm a landlord in name only - I bought the place at the wrong time so it was hoping in time it would get back to the price it was originally worth. However, massive bills have appeared in my life and I have to sell it now.

LambshankRedemption

Sound likes reality finally kicked in for these 2 youngsters and they see how hard/expensive it is to get another place,

What the actual f*? You make it sound they are the ones who were trying to break the lease.

hire someone like the Viper to knock on the door!

OP, please do not take that advice. Doing so is illegal and will land you into a world of pain.

https://www.boards.ie/discussion/comment/121836046#Comment_121836046

I understand the sentiment but I would advise against doing anything remotely illegal. Like you I’m selling after letting, but I’m thanking my lucky stars they were super good tenants, played everything to the letter, are buying the place from me and have moved out to a distant location pending sale going through in all its legalities. Though my experience was very good, just by sheer luck, I would advise against anyone investing in property for letting. Leave it to the pension funds etc.

Danick

https://www.boards.ie/discussion/comment/121843637#Comment_121843637

I didn’t invest in it as a property to let - it was my first home and planned on selling it if I ever got married but unfortunately the price slumped so low it made no sense to sell. Now I’m in real financial trouble and the value has risen since I moved out so I’m selling it out of necessity now and paid money I couldn’t spare to get a solicitor to draw up the notice - their 3 mths where they could legally respond has passed and now with a month to go they send this amateurish notice. Meanwhile my debts are rising as I was certain I would be selling it in April - it’s a nightmare

meijin

https://www.boards.ie/discussion/comment/121844072#Comment_121844072

That's not how it works.

If they don't move out, for whatever reason, you need to file a dispute with RTB about overholding. The RTB will then decide if your notice is valid or not, and if they're truly overholding.

You don't decide if the notice is valid. Your solicitor doesn't decide that.

If you try to evict them before, RTB might re-instate them, and order you to pay damages on top of that.

Mrs OBumble

https://www.boards.ie/discussion/comment/121844072#Comment_121844072

Sounds like you need to pay a visit to MABS.

mrslancaster

The rental market is bad for anyone looking for a place to rent but the way these tenants are trying to game the system doesn't help anyone. It's a very stressful situation for both parties and the RTB need to have quicker resolutions to stop stupid carry on when everything is done by the rules.

And this situation only happens now with a tenancy but SF's Mairead Farrell and Eoin O'B have a bill before the Dail to include licensees within the remit of the RTB. Any owner who does rent-a-room or has lodgers/digs could find themselves in a situation where they have someone overstaying in their home and having to rely on the RTB process to remove them. If it passes, watch the availability of digs vanish.

reggie3434

https://www.boards.ie/discussion/comment/121837928#Comment_121837928

Ah will you settle, no one knows their intentions, best bet is to have a chat and see what is happening before going down the legal route which always takes ages

reggie3434

https://www.boards.ie/discussion/comment/121843518#Comment_121843518

Again settle, it's a joke, even if it wasn't he's a debt collector, not Pauly Walnuts going to forcefully evict them, a chat with them to see where they are is best chance of settling the issue before going down long and frustrating legal recourse.

Danick

It’s a joke - my family home is on the line here and my estate agent has a potential buyer. It’s just a horrific situation to be in and it’s already taking its toll on my wife’s health.

LambshankRedemption

https://www.boards.ie/discussion/comment/121845036#Comment_121845036

A chat with them 3 months ago would have been the smart route, not a solicitors letter out of the blue.

Danick

I didn’t send them a solicitor’s letter - please read original post. The solicitor drafted the notice of termination and I handed it to them and explained I had to sell. In addition he had 3 months to contact me and we could have chatted then - instead I set the wheels in motion to sell and need the sale to maintain my family home - I have a wife and 3 very young kids.

LambshankRedemption

https://www.boards.ie/discussion/comment/121845199#Comment_121845199

You didn't mention handing it to them in the OP. Having a chat with them would still have been better than handing them a letter.

We hired a solicitor to devise a notice of termination. It was served and all info sent to RTB. Everything is above board and to the letter of the law.

alias no.9

https://www.boards.ie/discussion/comment/121845219#Comment_121845219

Try reading the posts twice before responding, you've failed on basic reading comprehension again.

OP, it's a tricky situation, you've done the correct thing and followed the RTB mandated process to date. All you can do is wait and see but in the instance they don't vacate on time, you'll have to file a dispute with the RTB and continue to follow the process, there are no short cuts.