RTB not notifying tenants of termination of lease !

burtner

I filled out all the forms, notice of termination, statutory declaration, and notice of termination return form. Sent to noticeoftermination@rtb.ie on 19/10/23 @14.16 and received automated confirmation of receipt. Now today , the tenants tell me they never received anything from RTB, I called RTB and they don't confirm or deny receipt of the notice ! What kind of organisation is that? I need the house for my own dwelling in a few weeks time, the Tenants require 224 days notice.

cfingers

Did you serve the notice of termination to the tenants directly? You need to send the notice of termination to the tenants and the notice of termination return form (with a copy of the notice of termination) to the RTB.

burtner

https://www.boards.ie/discussion/comment/121973845#Comment_121973845

Yes, Served by hand to tenants, I have confirmation of that, and tenants not disputing it. Copies Sent same day by email to RTB. The Tenant now requires the confirmation letter from RTB to show termination is legal, But no confirmation from RTB was received.

cfingers

I think you are fine then. I didn't think that the RTB sends a confirmation letter to the tenants to show the termination is legal. I thought they only got involved if the tenant disputed the notice of termination.

MacDanger

https://www.boards.ie/discussion/comment/121973909#Comment_121973909

The tenant has the wrong end of the stick here, the RTB don't provide a "confirmation letter..to show termination is legal" - show the tenants the automated confirmation of receipt email from the RTB to show that you've notified the RTB and tell them that that's all there is. The RTB don't review every notice of termination to confirm that it's valid; that's up to the LL & tenant to do themselves.

Mrs OBumble

https://www.boards.ie/discussion/comment/121973909#Comment_121973909

Why does the tenant require this?

burtner

https://www.boards.ie/discussion/comment/121975061#Comment_121975061

Welfare or something like that requires it.

tenant.jpg

Claw Hammer

The termination notice should tell the tenants that if the have any issue with the validity of the termination notice to apply to the RTB within 90 days. Only after a dispute has been initiated and a hearing held does the RTB determine the validity of a termination notice.

What they want is to ask Threshold if the notice of termination is valid, which it will only be if you notified the RTB. It doesn't look as if you will be getting possession back anytime soon.

burtner

https://www.boards.ie/discussion/comment/121975409#Comment_121975409

No. It says Validation from threshold OR if after July22 (which it is), the letter from RTB. RTB have received all the correct documents at the correct time. I am sure I saw on their site that they will send a confirmation letter to both the Landlord and Tenant, But they Didn't. I contacted them soon after but got some indian Lady that didn't know much about anything the RTB did! Tenant is Not questioning the notice, just that they need the letter from RTB to proceed with their search for new housing.

xyz13

Sorry OP, but you won't get possession of the dwelling in a few weeks. Speaking from experience...

Be prepared to open a dispute with RTB, if they tentants don't vacate the property the next step is to enforce the determination order in court.

burtner

https://www.boards.ie/discussion/comment/121975614#Comment_121975614

No Choice regarding getting possession as My landlord is putting me out so I am moving back into my own house.

Claw Hammer

https://www.boards.ie/discussion/comment/121975701#Comment_121975701

How can you move back if your tenants are still there?

L1011

https://www.boards.ie/discussion/comment/121975701#Comment_121975701

If the tenants are still there, and you attempt to move in, you'll be breaking the law.

You may not agree with that, but it is the current legislative position. Start making preparations to go somewhere else if needed.

csirl

Surely whatever documentation is requested by welfare threshold etc is a matter between the tenant and them? Nothing to do with the LL or validity of any notice.

spaceHopper

There is every chance the RTB sent them something but they "lost it" or say "they never got it". It sounds like they are messing you about, you served them, you sent the documents to the RTB. Keep it simple, the rest is not your problem and you need you place back. Best tell your LL that you could have problems see if they can give you more time. When they served you notice, what paper work did the RTB send you?

To rent somewhere else they will need a reference from you? Did they ask for one. If they are looking to be housed by the council they might need something but you notice you gave them should be sufficent. Chances are they have done noting and a planning to overhold / stop paying rent! Ask you tenant will they be out by the assigned data.

Mrs OBumble

It says Validation from threshold OR if after July22 (which it is), the letter from RTB.

That not an OR which is implied on the page pictured.

It's an AND.

They need both.

Hontou

Surely, it's the tenant's responsibility to get this letter from the RTB, if required. What organisation gave the letter (photo above) with these requirements to the tenant? I haven't seen a letter like this before. Is it official? If it is, then the RTB should be sending such letters to tenants and landlords should not be held to ransom if they don't. It looks like the landlord did what was required - correct notice sent to tenant and RTB. The tenant can probably get this letter from the RTB upon request. However, why would they bother if they can use it as an (possibly legitimate) excuse not to vacate?

havana

https://www.boards.ie/discussion/comment/121974770#Comment_121974770

https://www.boards.ie/discussion/comment/121974770#Comment_121974770

they wrote to me and my tenants with an issue with the NOT so they definitely reviewed it

burtner

UPDATE: After months of contacting them and receiving no reply, I received notification in the post today, exactly 6 Months late! what a shower.