Are there any grounds under which I can appeal a notice of termination for a family member?

#1 · 13-12-2021 9:42pm #1

I have been renting the house for just over 2 years, never had any issue with the landlord before now, but last month he served me with a notice of termination due to his daughter needing the property. He has given me 130 days (I think the correct notice is 120 for how long I have been here) so according to this I have to be out by the first week in April.

Since then I have been looking for suitable accommodation and there is nothing at all within my price range and I am losing hope that there will be in the next few months. Is there any way I can appeal the notice of termination? I can't find any information on how to appeal other than the notice being invalid, but surely there must be something that will mean I can stay in my home of the last two years until I find something else?

What is the situation if I overstay past the termination date? If I keep paying the rent could I stay until the RTB rule on it?

For information, he has used the template the RTB have, has the form witnessed by a Commissioner for Oaths, and it was sent by registered post that I signed for, so I don't think there is anything invalid with the notice itself.

whomitconcerns · 13-12-2021 9:48pm

He needs it for a family member, it's his asset and he's complied with his legal obligations.

You have to move out.

whomitconcerns · 13-12-2021 9:48pm

houseyhouse · 13-12-2021 10:55pm

https://www.boards.ie/discussion/2058222715/are-there-any-grounds-under-which-i-can-appeal-a-notice-of-termination-for-a-family-member

How long have you been looking? By my reckoning, if you got 130 days notice and you don’t have to be out until the first week of April then you must have been given notice very recently. I would think December is a bad month to be looking so you may have better luck in the new year.

If the notice was valid, you have to go. It could take time but eventually the RTB will rule against you. Overholding will cost you your reference. It’s a difficult time for tenants but you still have time to look for another place. Good luck!

Ray Palmer · 14-12-2021 10:14am

https://www.boards.ie/discussion/2058222715/are-there-any-grounds-under-which-i-can-appeal-a-notice-of-termination-for-a-family-member

Why do you want to punish your landlord that you say has treated you fairly the whole time? You seem to be preparing to do this as early as possible rather than using the time to find a new place. Of course you can delay the whole thing by frustration and delays. This is the very reason rents are high because no matter how fairly a tenant is treated they will be selfish and increase costs and time on a landlord. Instead of being glad you had rent below market rates for 2 years you want to make the landlord keep renting to you when they no longer want to shile preventing their family from being homed in their own property.

Masala · 14-12-2021 10:21am

Wow... that’s why I would NEVER be a landlord.

14-12-2021 10:33am

I wouldn’t advise overholding first and foremost.

what you could do however is ask your landlord how fixed the timeline is, I guess. If you need an extra week or two is that allowable? Otherwise you’re best to make accommodations with friends or family if necessary, the very last thing you should do is overhold, paying rent or not.

DubCount · 14-12-2021 10:44am

"looking for suitable accommodation and there is nothing at all within my price range"

OP, IMHO this is your problem. Market rents for what you currently have look to have increased from what you currently pay. You need to look at the market as it is now. You may need to redefine "suitable" and broaden your search area or look for smaller properties within your budget. Maybe check if you are eligible for HAP or other government support. Hoping that a great property will appear on daft at a great price and you will become the chosen tenant is not a strategy when the clock is ticking.

Overholding is going to kill any kind of meaningful reference from your current LL, and make the search even harder.

mrslancaster · 14-12-2021 7:02pm

Not great to get a notice of termination just before Christmas OP and finding a new place at the moment with a tight budget isn't easy.

The only reason you can appeal the notice is if you think it's invalid, say if they had the number of days notice wrong or there was no SD included, and then you have to dispute it within 28 days of when you receive it. Unfortunately if the owner needs the property back for their own use, and they gave extra days notice over what was required and used the RTB form and included a statutory declaration, it looks like they have all the paperwork right, so filing a dispute to change the NOT might just be a waste of time and money.

If your budget won't get something in your current location, can you look at areas a bit outside that might be a bit cheaper? You might find something that would suit for a few months and you don't have to stay until the last date of your NOT if you find something earlier.

Dwaegon · 14-12-2021 11:30pm

Thanks all for your comments, really helpful!

Reading back, I think I was posting in a state of panic after a long time going through accommodation sites in despair, and it did come across rather desperate and I regret sounding like I was looking to pull a fast one on the NOT and the LL. Thanks for not tearing into me, I probably would have deserved it! 😅

I'll take the advice, speak to the LL in case they can give me a little extra time if I need it and let them know I am actively looking for alternatives so I can be out sooner. I'll look further afield and lower my expectations, but if needs be I am fortunate to be able to stay with family in the short term.

15-12-2021 11:15am

December is the worst month to find something new. Think about it, who moves house at Christmas?

You'll find something in the new year. Ask the landlord to give you a good reference.

jo187 · 15-12-2021 1:06pm

I would suggest getting your reference now before any action taken. At least if you try and fail you have your reference letter.

I can understand how scary the market is at the moment and how frightened you are at moving.

Contact threshold, if notice is valid there is probably not much they can do, but you can try.

Maybe the new year be better to find somewhere. Try to enjoy x mas if you can.

paulieeye · 17-12-2021 12:51pm

Dont panic just yet, you have 2 months of looking still to go! after 1 month you may need to expand your area or increase your budget but I would wager that you will find a place!

Del2005 · 17-12-2021 12:58pm

https://www.boards.ie/discussion/comment/118324812#Comment_118324812

A potential landlord will ring the previous one. What's written down doesn't matter and the only question that they need to ask has a one word answer, zero potential issues for either LL.

endacl · 17-12-2021 1:03pm

https://www.boards.ie/discussion/comment/118324812#Comment_118324812

Threshold? There’s never anything they can do. They are an advocacy group, have no statutory footing and can only offer (often terrible) advice. You’d be as well off calling your milkman for his opinion, which would carry exactly the same weight.

Caranica · 17-12-2021 1:49pm

https://www.boards.ie/discussion/comment/118336598#Comment_118336598

Nothing guarantees that the number given for the landlord belongs to the actual landlord. It's next to impossible to verify landlord references conclusively.

JimmyVik · 17-12-2021 1:53pm

https://www.boards.ie/discussion/comment/118336598#Comment_118336598

Any landlords I know from the last few years, though most of them have finished up now, would tell me they call, not just the exoisting landlord but also the last two. The idea being that the current landlord might want rid of the tenant and would give a glowing reference just to make them someone elses problem instead. However the previous ones who dont have to worry about the tenant leaving if they give a bad reference will sing like canaries.

JimmyVik · 17-12-2021 1:58pm

https://www.boards.ie/discussion/comment/118336879#Comment_118336879

As above, ive known quite a few people who are landlords. They are smarter than you think.

So easy to cath out a ringer in any walk of life.

Example of a false reference.

Ring ring ring....

Short conversation about who you are and who the tenant is. How long have you been a landlord. What do you thing of the legislation. Are you planning on staying in it etc. Just a normal landlord to landlord conversation.

If you havent rumbled them by that stage continue talking. ....

By the way, they told me that they didnt pay rent for a couple of months 2 years ago when they were strapped for cash, but they paid it all back with interest a after a couple of months. Did that work out ok in the end.

Yes, they paid me back and i was happy.

Oh, because they never told me that.

Or you could ask about the cat they adopted that the landlord was ok with and they have since sent to a good home.

Caranica · 17-12-2021 2:04pm

I've been a landlord and have both received and given fake references. The false one I gave was for a friend who needed to leave an abusive relationship but had never rented in their own name. They were an excellent tenant though. Their personal situation was none of the new landlord's business, so they asked me. I knew them well enough to answer any questions, I also was registered with the then PRTB and was well versed in the trials and tribulations of being a landlord.

I did suffer consequences of renting to someone based on false references before that. That was the beginning of the end of my landlord journey

Are there any grounds under which I can appeal a notice of termination for a family member?

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