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Notice of Termination extension

  • 04-08-2022 1:21pm
    Registered Users Posts: 1,487 ✭✭✭

    Hi folks. I gave my tenants their Notice of Termination some time ago...all by the book...but as the rental market is so difficult at the moment, they're naturally having a hard time securing somewhere else. I think they might need more time that the quit date (next month) to find somewhere and as they're great tenants, I'm happy to extend the deadline.

    But my concern is that it might invalidate my notice or cause issues with the RTB etc. ? Has anyone had to deal with this?


  • Registered Users Posts: 6,019 ✭✭✭Claw Hammer

    Just being a case for overholding when the time is up and go to mediation. You can then negotiate them out.

  • Registered Users Posts: 1,487 ✭✭✭Cole

    Thanks for the reply. So I could 'agree' to the overholding I guess?

    From the RTB - "In such a situation the tenant must continue to pay rent to the landlord and receipt by the landlord of that rent does not imply recognition of an ongoing tenancy"

    My tenants are in HAP too. I can see it being potentially complicated.

  • Registered Users Posts: 41 just_a_gurl

    nope I wouldn't extend it...stick to the letter of the law, follow Statute do not deviate

  • Registered Users Posts: 13,195 ✭✭✭✭Dav010

    Is it over holding if you agree to them staying?

    I think only you can decide the best move going forward, by agreeing to an extension you will just be pushing the problem on indefinitely until they find another rental, by sticking to your notice of termination, you are doing everything legally and cleanly. On the other hand, you may feel the right thing to do is leave them there until they find somewhere else, but that could be months/years and the next time you give them notice, they will think you will do the same again.

  • Registered Users Posts: 6,018 ✭✭✭OU812

    Month by month rental at a higher rate to a maximum specified length of time that suits you (i.e. no longer than 6 months). Rent payable in advance.

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  • Registered Users Posts: 13,195 ✭✭✭✭Dav010

    They are HAP tenants, if they can’t pay/stop paying and dig in, the op is screwed.

  • Registered Users Posts: 41 just_a_gurl

    no...just no...not a single solitary legal leg to stand on if you implement this!!!!

    The start date of any tenancy is the date they first moved in...this "solution" would not be covered by the RTA & the RTB would have an absolute belter hearing this one!!!!

    If you agree to extend the notice period then effectively they are staying in the property with your consent - hard to prove overholding then...also, imagine trying to argue the following:

    "well yes I served them notice, but then I agreed to extend it but now they still haven't moved out but I want them out & they should be out by now..." and all the RTB will think is "wellll you extended it once, so the tenant would have reasonable expectation that perhaps you would extend it again"

    Now i don't know what your grounds for Termination were...but if they had achieved part 4 & you were exercising your right to terminate before a further part 4 commenced...and then you extended it, so effectively ignoring the first Notice you gave them...would the date of the agreement to extend be considered the new date of service & would that put them into a further part 4? I actually don't know the answer but you know what, they might chance that argument if it came to it.

    Look for the sake of a hassle free life stick to the letter of the law, you have served notice, you said it is all legal & above board, just stick to it!

  • Registered Users Posts: 1,487 ✭✭✭Cole

    Thanks for the replies and comments. I think what I've taken from all of this is to just stick with the notice...sounds like a potential sh1teshow otherwise.

  • Registered Users Posts: 6,019 ✭✭✭Claw Hammer

    If you set down an overholding dispute with the RTB you can agree a new termination date at the mediation without getting caught. Any other kind of arrangement will get you accused of withdrawing the Notice of termination etc. In any case, it is the soft-hearted landlord who invariably loses out.

  • Registered Users Posts: 592 ✭✭✭tvjunki

    Do not let them stay. Stick to the date. You would be affectively cancelling the notice to leave. If they are a HAP tenant they can apply for a property on Choice Lettings. I think most councils have a list of available properties on their list.

    Please be aware that once your tenant contacts the council to say they have to leave at a certain date the rent will stop. The council may continue to pay but be prepared. The council will find them or property even if it is temporary.

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  • Registered Users Posts: 308 ✭✭DFB-D

    Op, you could allow an extension if the tenant agrees to give notice..both parties can agree to it being less than the statutory period.

    But set a long date maybe 3 months so it not give rise to an legal argument that the notice was not intended to be relied on by the landlord and not intended to terminate the tenancy by the tenant.

  • Registered Users Posts: 1,487 ✭✭✭Cole

    Thanks for the further comments... still seems best to stick to the date.

    On the HAP thing... does the landlord have to notify HAP/council re. the termination? I presume it's the tenants, but if they don't for some reason...?