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Landlord didnt give notice in writing,house on daft

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  • 10-10-2018 5:23pm
    #1
    Registered Users Posts: 798 ✭✭✭


    Hi.I was in rented house from 07-2015 to 20/08/2018.I was paying rent in cash on every 7th of the month.In August landlady gave me verbal 3 months notice to leave house as she is selling property.As we had good relationship and unfortunately for us we didnt know current law we decide to look for new place in the same area.Luckly enough we found house on the same estate but for 300 more.Well..Such as life.We have moved out 12 days before another rent was due,deposit was given back(we left house in better cond. than we got it) and hands shaken.She gave us good references.

    2 weeks after our house appeared on daft for 1300E(!!!!) 500 euro more than we were paying( she increased rent from 700 to 800 in OCT-2017).So bottom line is she new she cant increase our rent so gave notice instead but...VERBAL :rolleyes:
    and put house on rent again.
    My question is does anyone know how long does it take with RTB to get her sorted?

    Its not about money but my son was crying for few nights that he will be homeless and for few days we tought we will.


    I was so pi33ed off about that that she lied to me and I lodge dispute to RTB :rolleyes:


Comments

  • Registered Users Posts: 1,251 ✭✭✭meijin


    Contact also Threshold - they might be able to help you. Do you have anything in writing at all?

    It takes few months with RTB but you need to have some evidence.


  • Registered Users Posts: 798 ✭✭✭bigboss1986


    I have nothing in writing except lease agreement since 2015,and hand written receipts for rent.My old house was never registered with RTB.All I have is screenshots from DAFT and few texts from her


  • Registered Users Posts: 3,098 ✭✭✭Browney7


    You needn't have left without the notice and since nothing is written down it's hearsay. She could claim you left of your own volition. If she gave you written proper notice and you left and then she readvertised then she'd be in a world of bother. When it's verbal, well, who knows?

    Are you based in a rent pressure zone? - if not, she can review the rent to "market" levels.


  • Registered Users Posts: 1,251 ✭✭✭meijin


    I have nothing in writing except lease agreement since 2015,and hand written receipts for rent.My old house was never registered with RTB.All I have is screenshots from DAFT and few texts from her

    Hopefully will be enough. But contact also Threshold :)

    https://www.threshold.ie/news/2018/03/21/slowdown-in-rent-increases-welcome-but-rent-regist/
    A family including three children who saw their previous home advertised on Daft.ie two months after their tenancy had been terminated by their landlady, who stated she wanted the property back for a family member. The rent was raised from €1,200 to €1,700 per month, beyond the 4 per cent RPZ cap. Threshold represented the client at the RTB and was awarded €20,000 by an adjudicator.


  • Registered Users Posts: 798 ✭✭✭bigboss1986


    Browney7 wrote: »
    You needn't have left without the notice and since nothing is written down it's hearsay. She could claim you left of your own volition. If she gave you written proper notice and you left and then she readvertised then she'd be in a world of bother. When it's verbal, well, who knows?

    Are you based in a rent pressure zone? - if not, she can review the rent to "market" levels.
    Im not in pressure zone so I know she could put even 5k a month,but why would I leave ''on my own volition'' to pay 300 e more ;) I have 3 witnesses when she was saying that she needs to sell house.She took rent 1st and the she said its for sale because bank is taking the house.I wouldnt bother me at all but she new what was she doing in first place.She did the same to my neighbour next door so there are 2 families with same dispute


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  • Registered Users Posts: 2,187 ✭✭✭Fian


    Browney7 wrote: »
    You needn't have left without the notice and since nothing is written down it's hearsay. She could claim you left of your own volition. If she gave you written proper notice and you left and then she readvertised then she'd be in a world of bother. When it's verbal, well, who knows?

    Are you based in a rent pressure zone? - if not, she can review the rent to "market" levels.

    It's not inadmissible under teh hearsay rule.

    It is the OPs word against the landlord's though. In those circumstances, with no corroboration, it may be difficult to suceed at RTB. Landlord will perhaps say - "yes i did tell him i would be looking to sell the house just to forewarn him but hadn't finalised plans so i hadn't served notice, he left voluntarily."

    Were you in an RPZ OP? If so the rent cannot be increased beyond RPZ limits and the €500 increase is unlawful. If not then teh landlord could have increased the rent to market rates but not until 24 months had passed from last rent review, with 90 days notice.


  • Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    It is only €25 to go to the RTB. well worth a punt particularly if there are 2 families.


  • Registered Users Posts: 8,295 ✭✭✭n97 mini


    I know someone in almost the exact same situation, except everything was in writing.

    She went to the RTB and was awarded €600, which was her loss of earnings while she looked for another house. I'm baffled as to why there were no punitive costs awarded.


  • Registered Users Posts: 8,355 ✭✭✭Ray Palmer


    n97 mini wrote: »
    I know someone in almost the exact same situation, except everything was in writing.

    She went to the RTB and was awarded €600, which was her loss of earnings while she looked for another house. I'm baffled as to why there were no punitive costs awarded.

    This is the most likely result and the headline grabbing stuff is rare. You pretty much only read about the exceptions.


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