Termination Letter from landlord with multiple properties

Dav010 wrote: »

Giving an invalid notice is not a criminal offence, and you said making a false statutory declaration carries a €3000 fine if convicted on each count, it doesn’t.

Again, acting on an invalid notice by evicting someone is a offence, giving invalid notice isn’t. The only notice the LL is acting on is the notice relating to needing for a family member.

The €3000 fee is a laugh, like €500K penalty fee to Facebook for selling our personal details to advertisers. Thats why people are not afraid to break the law. If it's £50 then I have no words.

The guy who got the "daughter needs the apt" letter earlier this year, has moved out while the daughter is abroad. The apt is occupied by some girl (foreign national), not the daughter. I got the very same letter. Is that not convincing enough that LL illegally acts on an invalid notice?
Ok, tell me what in your opinion would it be to act on the invalid notice, if not the above situation where one guy lost a place already and another has one leg out.

To Everyone who contributed to this thread - Big Thanks. I read all comments carefully and took all your advice on board especially about the specific legislation parts to support my case. As I have no legal background, your input and support was invaluable.

I can now share with you that I just won the RTB case - the notice of termination is invalid and I was awarded €5000 in compensation. I never asked for any money but just to be allowed to live in my apt. in peace. I would gladly exchange the money to get the 10 months lost of my life back. He may appeal and if so, you will read about this case in details on the RTB website in a few months.

Tenants and Landlords - please be fair and respect each other's rights.

Thanks to All again.

Salary Negotiator wrote: »

Are you still living there?

Yes, I do. Hopefully in peace for a few more years.

davindub wrote: »

Well done Op! Would you mind detailing what the award was for specifically?

Thanks!

Here is the exact text:
"The Respondent Landlord shall pay the total sum of €5000 to the Applicant Tenant within 21 days of the date of issue of the Determination Order, being damages of €5000 for the consequences of unlawful terminating the Applicant Tenant's tenancy of the above dwelling".

At the hearing the landlord stated that his buildings are not protected structures and that he can do any refurbishments he wants at any time and to any extent. I proved that they all are protected structures and he needs to apply for permission if he wants to substantially refurbish them. The adjudicator was really annoyed that the landlord stated such a bold lie and everything he said later was pretty much overshadowed by this lie. He withdrew the lie later by saying that he misunderstood the question but i think it was too late already. I also proved by showing the Daft adverts that while he handed me the notice quoting the need of my apt for the kid, he advertised 4 apts on Daft. He told adjudicator that the kid saw my apt, loved my apt and wanted only my apt, not the other available 4. The adjudicator pointed out on the "genuine need" versus "desire". This probably won my case.
There are a few other areas that the adjudicator pointed on in the determination order that, if believed the landlord's version of events, they do not make sense and he pretty much lost the case thanks to himself, I didn't actually do much. In fact, I was quite annoyed myself that I got just a few minutes to "freely" tell my story and then the landlord's lawyers took me in their hands trying to trip me over with their questions. In the report the adjudicator wrote about all the issues at length. I think I got awarded because of the two things - one, that it was 10 long months of my landlord's relentless efforts in getting me out using any excuse in the book. I started selling my furniture in December and got €15 for a cabinet that I paid €120 a year before. I applied for a few Daft adverts but got zero replies, was stressed out and this case affected me quite badly. It took a toll on me especially that the lawyers were sending me threatening letter about me not trying to speak to other tenants or they will sue me, seek injunctions, destroy financially and put me to jail. That letter was awful and the adjudicator was not impressed with it. The second reason why I think got awarded the money was because the adjudicator caught him on lying. He changed the story a few times within just a few minutes and the adjudicator asked him about it. He got all red, stammered, he said he has a hearing problem, even his barrister couldnt save him.

I think the money was a form of a severe punishment for the landlord's actions and possible a warning for him not to do it again. If appealed the amount will probably be dropped to maybe €1000 but he will have to pay to his lawyers, barristers, etc. and all the details would be on a public display. I am not sure if he wants to go that route.

The best accidental thing I did was to upload all my evidence to the RTB website on the last allowable day. I didnt do it purposely, I was trying to put everything in order, put a timeline together associated with each attachment and dropped everything to my dispute file at once.
What happened then was that it gave very little time to the landlord's team to process everything and come up with some reasonable excuse to the mounting evidence. They uploaded all their docs also on the last allowable day (5 days before the hearing) but their evidence and submissions were not based on my evidence. They wrote in their statements something like "as we see, there is zero evidence from a tenant to support his claims", etc. They simply didnt see my evidence before they submitted theirs. Then they got not a nice surprise and had to prepare for the case from scratch reviewing each of 30 separate files I uploaded.

I am happy it's "half" over. Hope they wont appeal and we all can move on with our lives.

Hi again, I am the OP of this tread. To everyone who ever followed my story here, I have a little update.

As you know I won my RTB case in January 2020 against my landlord and got awarded €5000 in compensation. My landlord has immediately appealed and the new case was scheduled for March 2020. Due to the pandemic it got postponed and we still dont know when the appeal will take place. But here is a little twist - my case was noticed by one of the biggest legal companies in Ireland and they offered to represent me at my appeal. Imagine that, God must love me and it restored my faith in justice.
Months have since passed on waiting for the new appeal date. Since my January hearing I discovered that an additional 9 flats identical to my one became available in my building and got quickly rented out to new tenants. Great, more supportive evidence for my case. I took pics, spoke to old and new tenants and saved these stuff in my appeal folder.

But yesterday my legal team (I love using this term!) got a letter from my landlord's solicitor. Listen to it - they now say that the "daughter" who required my flat no longer requires it as her plans changed due to Covid. The landlord is happy to withdraw the appeal if I drop my €5K compensation. They said that if I dont drop it they will proceed with the appeal.
Looks like I just won my appeal before it even took place since the main bone of contention (the sweet and fake daughter reason to terminate my tenancy) no longer exists. Since they now confirm this in the letter then they can only try to contest the compensation amount that I was awarded. They will have to spend at least €3K for their solicitors and barristers to fight me, risk their illegal dealings to be exposed publicly, they reputation destroyed and they still risk that my compensation may still stay. I also have a strong legal team on my side now who will do all the legal talk, which I am poor at.
I lose absolutely nothing to proceed with the appeal but everything to win, while they have everything to lose if they appeal and a tiny chance that my compensation is decreased at the appeal.

I so look forward to my appeal now, can't wait to name him publicly and prevent him and his family to ever do this to other tenants like they do for years.

Dav010 wrote: »

How have you won your appeal?

They said in the letter that they will no longer fight the Notice of Termination but the compensation amount only. Thats how I won my case already. I won it back in January and the notice was deemed invalid. It's invalid, was invalid and will be invalid no matter what you, Dave, say.
The compensation was never in my mind, I never asked for it so I dont lose anything that I never had. It's just a bonus that I was awarded at the January hearing because the case outraged the adjudicator. They lied to the judge and got caught red handed. They brought a document that the adjudicator found to be fake and gave them 5 days to deliver a real document. They did not and only sent an apology for providing a fake document "accidentally". Once it's over I will post here the entire case so you understand what happened.

Dav010 wrote: »

The LL can appeal the decision even though his daughter no longer needs the property due to Covid, she did need it at the time you were served with a notice of termination and that is what the hearing took account of.

It was proven beyond any doubt that the "daughter requires my flat" was my landlord's fake reason given to me 2 days after I rebuffed his substantial renovation reason. Read my opening post.
The landlord claimed that my apt is required for his daughter despite having 3 or 4 other flats available for rent the day her handed me his notice in November. I showed in court his Daft adverts and pics of the available flats and it won my case in January. You have to understand what "required", "needed" and "desired" means to understand the legality of my landlord's claim. The Duniyva case quoted by the adjudicator (see my comment #184 above) explains the nuances of these 3 words and is often used in cases like mine. Thank God for Ms. Duniyva who brought her case to the High Court!

Dav010 wrote: »

What baring has other apartments becoming available after your hearing got on your case if the LL appeals the decision? Many properties have become vacant since the lockdown, as with the LLs daughter, a lot of people no longer need their rental properties.

I proved in January that the word "Required" does not exist here as my landlord did not have to evict Part 4 tenant (me) to offer my flat to his daughter while having other empty flats advertised for rent at the same time. After January case I gathered evidence of an additional 9 available flats which only straightened my case even further. There has never been a need of my flat for his daughter. You dont have to make someone homeless only because I have better curtains and a toilet seat than the other 9 empty apartments.

I remember you, Dav010, you have always questioned my intentions from the start while backing up my landlord no matter what I wrote here. I see how that nothing will change your mind, not even a clean cut case like this one. Sad, Dav, but thankfully others support me here.

Dav010 wrote: »

And why would the LL need to spend €3k on a Barrister to appeal the RTB decision? I thought it cost €100 to appeal.

Because thats how much it costs to hire a solicitor and a barrister to work on your case. They worked on my 150-page long evidence file for weeks so €3K is the minimum my landlord pays to his legal aid to fight the already lost case. The barrister's services cost min €200-300 per hour so you do calculations yourself. The prices are published and widely available so do some reading if you want.

Dav010 wrote: »

You could lose your award, the notice could be ruled valid, the LL by winning the appeal could save himself €5k, so has something to gain and you have something to lose depending on the result of the appeal.

True, I could lose the award but you see I dont care about the award because I never had it, so no attachment is formed to it yet. Would be nice to have it but no hard feelings if I dont get it. There is ZERO chance that the notice could be deemed valid at this stage since the reason is being withdrawn by the landlord himself and when the first hearing deemed it invalid. Do you think that the Tribunal will make it valid against the landlord's wish now? He withdrew it so he lost the case. I was fighting to be allowed to stay in my flat and I will stay. He can only fight the €5K and I am happy that he will because thanks to this everyone will learn about this crook.

Dav010 wrote: »

Is the LL appealing a Court ruling or an RTB ruling? I’m confused as to why he needs a solicitor and Barrister. The LL can appeal an RTB ruling by paying €100.

He didnt have to but he dragged 2 solicitors and a barrister with him at the January hearing while I was there on my own. So 100% that he will do the same for the appeal. Bringing an army of legal aid with you can be intimidating to the other side so this was probably his aim. I was scared and forgot my own name during the proceedings but got a bit relaxed later as the adjudicator was asking my landlord questions directly and I realised that he is digging a grave for himself. His barrister tried to help him but the landlord said way too much already and changed the same story 3 times which the adjudicator pointed out to him.

I am an amateur to the legal stuff so the RTB, Tribunal and Court is all the same for me while it's probably a big difference to more knowledgeable people. The January case was the RTB Adjudication. Now the appeal will be with the Tribunal (also with the RTB I think). If he loses the Tribunal appeal then he can appeal to the High Court, I think.

Graham wrote: »

Mod Note

OP, consider carefully how much information you want to post at this stage. I'd imaging it's already for any involved parties to recognise the case being discussed.

Some things may be better left unsaid at least until everything is concluded.

100% true. I got carried away a bit. Thanks for keeping an eye on these things and curbing my wings - all rightly so.

I better wait for the final conclusion of this case to post more info here.

Thanks again, Graham!