Served notice of termination, now what?

Dial Hard

I cannot for the life of me understand why this nonsense still has one thread going, let alone two.

tabby aspreme

If you look at the OP's other threads you will see similar drivel

mrslancaster

https://www.boards.ie/discussion/comment/123728872#Comment_123728872

Same day according to the RTB website: (relevant bullet point in bold - last item on list)

Serving a Notice of Termination

You need to make sure that your Notice of Termination meets certain standards so that it is legally valid. A valid notice must:

• Be in writing (not by email)
• Be signed by the landlord or their authorised agent.
• Include the date the notice is sent. This is the date the notice is posted or hand delivered.
• Give the date the tenancy will end (and tell the tenant they have the full 24 hours on that day to leave the property).
• Give the reason you are ending the tenancy (if tenancy is over 6 months).
• Tell the tenant they have 28 days from the date of receipt of the notice to refer their case to the RTB if they believe the notice is not valid where there has been a breach of obligation by the tenant. New laws have increased this notice period to 90 days where there has been no breach of obligation by the tenant.
• Be sent to the RTB on the same day it is sent to the tenant. Failure to do so makes the notice invalid.

mrslancaster

This kind of carry-on and the ever increasing restrictions on owners of rentals would make you wonder why anyone would be a landlord here. I’d say the new regulations coming in March next year will mean a lot more small landlords will be issuing termination notices.

SupaCat95

https://www.boards.ie/discussion/comment/123728825#Comment_123728825

See that horse called "Getting a Reference"? Well the stable swung open the horse has kicked the churn of milk over and its under the bridge while the horse is gone over the hill. There is no hope of ever getting a reference at this stage and the Estate Agent has let all his pals in the trade down at the pub about the OP. There is no way he is going to be let rent a place in 40 miles.

The OP might as well start looking in Pakistan for a house.

SupaCat95

https://www.boards.ie/discussion/comment/123730095#Comment_123730095

Ahhhh there was a good time for Landlords and tentants and they had mutual respect for each other. The state getting involved in housing with Treshhold/RTB/etc etc has made the markets more difficult for everyone. This is part of the agenda. You might getting away with messing around a small to medium landlord but council/Reit/charity they have your name and put you on a list you aint getting a house.

con747

https://www.boards.ie/discussion/comment/123729711#Comment_123729711

@Gumbo was asked to merge them both but didn't, no idea why not.

Gumbo

https://www.boards.ie/discussion/comment/123730394#Comment_123730394

Because stupid boards platform doesn’t want to play nice. It should be done now.

Bass Reeves

https://www.boards.ie/discussion/comment/123729282#Comment_123729282

@GalaxyRyder issue is like a subsection of tenants he had a property all to himself at an affordable cost. Now that the property is being sold because of an uneconomic rent he will struggle to find an affordable alternative. Therefore he will use any and wve.eans available to allow him to stay put as long as possible

con747

https://www.boards.ie/discussion/comment/123730236#Comment_123730236

Preferably with no internet connection…

GalaxyRyder

https://www.boards.ie/discussion/comment/123729877#Comment_123729877

On this point, it's been 5+ weeks and I haven't received RTB confirmation (which they said they'd forward in 10 to 12 days), nor do they have anything on record for this registration.

I'm taking a lot of heat from all sides for apparently being a difficult tenant, but according to all available information, the termination notice may be suspect and/or invalid based on the above?

FYI to all, I am vehemently seeking alternate arrangements in spite of my continuing to question the notice validity (though I haven't done so formally yet, and in all probability, won't).

Just to mention, that side to things has been duly noted.

GalaxyRyder

https://www.boards.ie/discussion/comment/123730534#Comment_123730534

Not at all.

If I'm absolutely certain the LL has genuine intention to sell, and this isn't some scape goat excuse to turf me out and re-rent to someone else at a higher rate, I can absolutely accept that.

JVince

https://www.boards.ie/discussion/comment/123729877#Comment_123729877

"SENT" is the important word.

You can issue it on a Friday afternoon of a bank holiday, deliver it personally to the tenant and post it to the rtb and the rtb receive it the following Wednesday or Thursday and it is valid.

I very clearly state that it is to be SENT the same day and that is PRECISELY what the rtb says.

They will accept that the post can take up to 6 or 7 days depending on circumstances - some post boxes get collected at 2.30pm - so of posted on a friday afternoon of a bank holiday, the earliest such notice would be delivered is the following Wednesday

The Continental Op

https://www.boards.ie/discussion/comment/123730799#Comment_123730799

Is the landlord registered with the RTB or rather is the property registered? The landlord can't go through the courts to get you out until he has exhausted the RTB process.

The landlord doesn't need to be registered with the RTB to send you a valid NoT but they still need to send the RTB a copy of the NoT. The RTB will then get the landlord to register and pay a fine for all the years they weren't registered. Its not a massive amount but if an agent has screwed up and not registered they will need to explain that to the landlord.

No registration, no RTB process, no way to get you out until registered.

GalaxyRyder

https://www.boards.ie/discussion/comment/123730908#Comment_123730908

Yes he's absolutely registered and I receive some confirmation of registration documents typically each year, though I haven't got them this year.

Upon contacting the RTB recently they said they have no NoT on file for this residence, and made no mention of no registration.

The agency I let through is always on top of these things so yes, it's registered.

As above, 5+ weeks since I've received the NoT, the RTB still has nothing.

Is this typical or unusual?

The Continental Op

From memory the RTB are normally quite quick to send out conformations like for the NoT.

Now there is no legal value in anything the RTB reps tell you on the phone. They can tell you one thing and if it goes to a hearing you could get a completely different answer.

My gut feeling would be that the RTB haven't got the NoT but only you can decide if you want to roll the dice on that. If the RTB haven't had a copy of the NoT the NoT is invalid. But do you raise that now or wait till the NoT runs out?

I think I would email the RTB with the registration number all the details you have and ask if a NoT has been issued. At least then you have it in B&W.

SupaCat95

IIs they anything to be said for saying a Mass at this point?

CramCycle

This is comedy gold, you went into the SEAI offices to get a BER for your rental accomodation? The offices in Dublin City centre. And either, correct me if I'm wrong, a civil servant on Junior pay contacted your landlord (because they wouldn't have your estate agents details) which made them think, he is trouble, time to sell or, someone on your landlords property managers team seem you walking out of the SEAI offices (which are shared with multiple other businesses), recognized you in DCC during working hours, and like an episode of a TV show on 5star or 5USA, put together that you were getting a BER for your rental property, despite that a) not how you do that b) you can't do it that way and that this was a flag you needed to be let go.

GalaxyRyder

https://www.boards.ie/discussion/comment/123732270#Comment_123732270

Okay let me clear this up.

I just checked google maps. The office I visited was an engineering office whom I remember at the time, someone advised me to check with in relation to the building or residence energy rating, would it be cold, well insulated, etc.

The brokerage/agency, was notorious for fabricating BER ratings when advertising properties, and basically making up nonsense in their adverts, passing it off as true, using bogey pictures, all that good stuff.

They were well known and notorious for that.

But I wanted the property, so to get the actual facts, I had a brief consult with an employee of the engineering office.

Later that day, I get a call from the brokerage telling me the deal was off, my deposit was being reimbursed due to some nonsense excuse, and oh the agent just happened to see me coming out of the engineering office earlier (they obviously called the brokerage cause, that's how these things work, brokers and agents and real estate associates, they touch base with one another).

In this case, my current NoT, was received nine days following my having critiqued local authorities as to their judgement in matters pertaining to housing allocation, management of emergent anti-social activity, and quite frankly their negligence on this issue.

Come to find out, the dude that owns my agency, was the freaking CHAIR of said local authority, and still has strong ties/connections.

Now…………. you mean to tell me that info didn't get back to him, and my being served NoT is purely happen-stance, taking into account the fact that 5+ weeks on, the RTB still haven't received said NoT either? Or at least notified me of their having done so?

Rocket_GD

https://www.boards.ie/discussion/comment/123732849#Comment_123732849

 and basically making up nonsense 

The irony in this statement. You're actually trying to claim that a person saw you leaving the engineering office (whatever this is) and an estate agent was just walking by, saw you and called a broker to tell them to rescind the offer of a property?

Walter Mitty indeed.

GalaxyRyder

https://www.boards.ie/discussion/comment/123732921#Comment_123732921

Nuh.

The agent called me and made allusion to her knowing I was second guessing the BER rating.

And I said, "how do you know that?".

And she said, "I saw you leaving the energy office earlier". Exactly as you alluded to, the probability she would have been passing at the exact moment I was leaving is what exactly?

"Oh my, what a coincidence!".

And then said she was refunding my deposit.

What about that is so hard to believe? What I'm trying to clarify (and what other contributors have clarified already), is that these property managers and surveyors are in constant dialogue with one another.

And with my having beefed about local authority competence, it's entirely plausible my estate broker heard about that and took exception.

The Nal

And people wonder why private landlords are fleeing the market.

Rocket_GD

https://www.boards.ie/discussion/comment/123733170#Comment_123733170

Where exactly is this "energy office"?

You really believe that an engineer in this mythical "energy office" called the estate agent or broker to tell them that you were in second guessing the BER rating? Why would they care?

What about that is so hard to believe?

All of it, to be honest.

The Nal

https://www.boards.ie/discussion/comment/123733221#Comment_123733221

It sounded to me more like the OP is claiming they're being stalked and were followed to the "energy office".

GalaxyRyder

https://www.boards.ie/discussion/comment/123733245#Comment_123733245

Actually that's what the rental agent claimed.

If you know you know, they just contacted one another to communicate updates about some snooping tenant.

I would have gotten away with it to……….. if it wasn't for the meddling unenforceability of GDP Regulation amongst letting agents.

CramCycle

https://www.boards.ie/discussion/comment/123732849#Comment_123732849

Nobody, and I mean nobody, even the most fictional polymath, could make a link between you leaving an engineering firm and checking the BER rating unless you told them what you were doing.

Now to follow up on this, it's not clear, but you can check the BER rating via SEAI. You could have asked the agent for a picture of the BER cert, email it to SEAI to confirm, job done.

A company willing to risk their reputation in a housing crisis knowing that the typical renter will pay asking if the BER rating was so poor to be uninhabitable, is beyond fanciful. It's not impossible but it is both so unlikely to be called ludicrous, and the risk of a lawsuit if found out would be a risk beyond the acceptance of most business people.

If you had said they were known for paying off assessors to boost the rating by a bit, that would have been believable as anyone who has had to get one would know, while there are strong guidelines, it would be easy enough to miss something to up rate it slightly (or down rate it for a grant) but not by enough to get caught out if checked by someone else.

GalaxyRyder

https://www.boards.ie/discussion/comment/123733860#Comment_123733860

What about fictionalizing the rating, misadvertising it?

Misadvertising resources in the residence?

Posting falsified pictures on the listing?

Rocket_GD

https://www.boards.ie/discussion/comment/123733867#Comment_123733867

Still waiting for you to tell us where this "energy office" is?

GalaxyRyder

https://www.boards.ie/discussion/comment/123735393#Comment_123735393

It's an engineering office that does "energy assessments", whom I was advised to speak to before taking up residence in a place with a suspect BER rating, as well as suspect heat/energy source, as well as suspect pictures, etc etc.

Cause that's what the brokers/agents were notorious for at that time.

The situation is really as straight forward as can be to understand, you guys seem to be in resolute denial however that a rental agency might falsify property details such BER ratings, heat/electrical supplies, advertising pictures, etc.

And in straight up disbelief that agents and consultants who work together routinely stay in contact with one another, especially in a close knit community that by default loves the gossip anyways.

Rocket_GD

https://www.boards.ie/discussion/comment/123735927#Comment_123735927

And where abouts is this office?

Let's say any of it is true, you genuinely believe that the engineer would risk their livelihood and reputation of their business to breach privacy regulations just to tell a broker/agent about you second guessing a BER rating? We're back to your paranoia now.

Suspect pictures? Surely you could assess that yourself when you visited the place and if you were so suspect of the place, why would you give a deposit over?