Boards.ie uses cookies. By continuing to browse this site you are agreeing to our use of cookies. Click here to find out more x
Post Reply  
 
 
Thread Tools Search this Thread
29-10-2020, 13:06   #31
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
Quote:
Originally Posted by Claw Hammer View Post
The o/p is entitled to contact details for his landlord. He coulkd have served the notice at the rented property and just left. Nothing the LL could have done.
From RTB site.

A Landlord must:

Provide the tenant with contact details (or for the agent working on the landlords behalf).

The bracketed part is pertinent.
Dav010 is online now  
Advertisement
29-10-2020, 13:11   #32
pandaa
Registered User
 
pandaa's Avatar
 
Join Date: Aug 2020
Posts: 51
Quote:
Originally Posted by Dav010 View Post
From RTB site.

A Landlord must:

Provide the tenant with contact details (or for the agent working on the landlords behalf).

The bracketed part is pertinent.
They used MUST, wow. Interesting. That is obligatory. Contact details does not imply address though.

In OP's case agent did not accept the responsibility and lease clause as per OP asked him to serve to contact in a clause. Clause of lease had name of LL.

I would say it was LL and it is a breach. Assuming all are factually correct.
pandaa is offline  
29-10-2020, 13:13   #33
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,777
Quote:
Originally Posted by Dav010 View Post
From RTB site.

t.
I prefer to look at the regulations themselves, rather than rely faqs on the RTB .

". (1) The landlord of a house to which these Regulations apply shall—

( a ) on the commencement of a tenancy, or

( b ) where a tenancy exists on the date on which these Regulations come into operation, within two months from such date,

provide the tenant of such house with a rent book or other documentation to the like effect (referred to in either case in these Regulations as "the rent book").

(2) The landlord shall, on provision of the rent book, enter therein in clearly legible writing—

( a ) the address of the house,

( b ) the name and address of the landlord and, if the landlord has duly appointed an agent, of such agent,"
Claw Hammer is offline  
29-10-2020, 13:25   #34
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
http://www.irishstatutebook.ie/eli/2.../en/html#sec12

Section (e) allows the authorised agent to act on the LLs behalf in relation to the tenancy.
Dav010 is online now  
29-10-2020, 13:39   #35
pandaa
Registered User
 
pandaa's Avatar
 
Join Date: Aug 2020
Posts: 51
Quote:
Originally Posted by Dav010 View Post
http://www.irishstatutebook.ie/eli/2.../en/html#sec12

Section (e) allows the authorised agent to act on the LLs behalf in relation to the tenancy.
What if agency say go to LL?

What if lease clause say LL is contact for any notice under lease?
pandaa is offline  
Advertisement
29-10-2020, 13:47   #36
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
Quote:
Originally Posted by pandaa View Post
What if agency say go to LL?

What if lease clause say LL is contact for any notice under lease?
According to the Act, an agent authorised to act on behalf of the LL can do so in matters relating to the tenancy, that would seem to include notice. In the ops case, bare in mind the op is gone, I think the Agent passed the notice on to the LL but the op still insisted on the LLs address.
Dav010 is online now  
29-10-2020, 13:59   #37
pandaa
Registered User
 
pandaa's Avatar
 
Join Date: Aug 2020
Posts: 51
Quote:
Originally Posted by Dav010 View Post
According to the Act, an agent authorised to act on behalf of the LL can do so in matters relating to the tenancy, that would seem to include notice. In the ops case, bare in mind the op is gone, I think the Agent passed the notice on to the LL but the op still insisted on the LLs address.
OP could not serve notice to anyone. It was a ping pong. Lease read give notice to contact in clause x. Clause X read it as LL. He never got the address.

Agent can act, if applicable is an alternative, not the ONLY RECOURSE. Lease had a specific clause and hence general rule of thumb is irrelevant.

Irrespective of above, OP had asked agency whom should he serve a notice agency or LL. Agency point OP to LL. Agency acted in a certain way which also supports point above.

Sorry, I m new into law circle and going through posts to use it as a learning experience of law readings :-). You're good and possibly a LLM?

Last edited by pandaa; 29-10-2020 at 14:03.
pandaa is offline  
29-10-2020, 14:08   #38
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
Quote:
Originally Posted by pandaa View Post
OP said : Lease read give notice to contact in clause x. Clause X read it as LL.
Agent can act, if applicable is an alternative, not the ONLY RECOURSE. Lease had a specific clause and hence general rule of thumb is irrelevant.

Irrespective of above, OP had asked agency whom should he serve a notice agency or LL. Agency point OP to LL. Agency acted in a certain way which also supports point above.

Sorry, I m new into law circle and going through posts to use it as a learning experience of law readings :-). You're good and possibly a LLM?
Pandas, I’ll be honest, I found this thread and the op’s line of thinking hard to follow first time around.

Suffice to say, the Act does allow an Agent authorised by the LL to act on their behalf in all matters relating to the tenancy. So the tenant can give written notice to the authorised Agent.

Beyond that, Claw Hammer may have a different, and more valid viewpoint.

Last edited by Dav010; 29-10-2020 at 18:58.
Dav010 is online now  
Thanks from:
29-10-2020, 14:20   #39
pandaa
Registered User
 
pandaa's Avatar
 
Join Date: Aug 2020
Posts: 51
Quote:
Originally Posted by Dav010 View Post
Pandas, I’ll be honest, I found this thread and the op’s line of thinking hard to follow first time around. And the PMs I have do point to a degree of misunderstanding of how notice is served, and to who, so I can’t really engage in a conversation which supports or rejects the op’s opinion.

Suffice to say, the Act does allow an Agent authorised by the LL to act on their behalf in all matters relating to the tenancy. So the tenant can give written notice to the authorised Agent.

Beyond that, Claw Hammer may have a different, and more valid viewpoint.
See I told you. You are good.
pandaa is offline  
Advertisement
29-10-2020, 14:37   #40
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,777
Quote:
Originally Posted by Dav010 View Post
http://www.irishstatutebook.ie/eli/2.../en/html#sec12

Section (e) allows the authorised agent to act on the LLs behalf in relation to the tenancy.
That section only mandates the landlord to tell the tenant who the agent is. It does not give powers to the agent.
Claw Hammer is offline  
29-10-2020, 14:48   #41
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
Quote:
Originally Posted by Claw Hammer View Post
That section only mandates the landlord to tell the tenant who the agent is. It does not give powers to the agent.

“the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy”
Dav010 is online now  
29-10-2020, 14:51   #42
Claw Hammer
Registered User
 
Join Date: Nov 2013
Posts: 3,777
Quote:
Originally Posted by Dav010 View Post
“the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy”
That assumes there has been an agent appointed through some other means. It is not a section giving powers to an agent. A landlord can't secretly have an agent. The agent has to be duly appointed. There are restrictions on who can act as an agent.
Claw Hammer is offline  
29-10-2020, 14:56   #43
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
Quote:
Originally Posted by Claw Hammer View Post
That assumes there has been an agent appointed through some other means. It is not a section giving powers to an agent. A landlord can't secretly have an agent. The agent has to be duly appointed. There are restrictions on who can act as an agent.
A secret agent?

Link to restrictions please.

That Act says it can be a “person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy”

I see no mention of restrictions on the person.

Last edited by Dav010; 29-10-2020 at 15:07.
Dav010 is online now  
29-10-2020, 15:07   #44
pandaa
Registered User
 
pandaa's Avatar
 
Join Date: Aug 2020
Posts: 51
Quote:
Originally Posted by Claw Hammer View Post
That assumes there has been an agent appointed through some other means. It is not a section giving powers to an agent. A landlord can't secretly have an agent. The agent has to be duly appointed. There are restrictions on who can act as an agent.
So, OP was right in asking for LL address. OP in his PM said that LL verbally said he did not give address because of bad expe of other in the past.

Leaving verbal part aside, OP was nt given address, was offered rent reduction which was rolled back and offered again, which he refused, due to trust issues.

So, who wins as LL claimed lack of written notice ?
pandaa is offline  
29-10-2020, 15:10   #45
Dav010
Registered User
 
Dav010's Avatar
 
Join Date: Nov 2018
Posts: 4,113
Quote:
Originally Posted by pandaa View Post
So, OP was right in asking for LL address. OP in his PM said that LL verbally said he did not give address because of bad expe of other in the past.

Leaving verbal part aside, OP was nt given address, was offered rent reduction which was rolled back and offered again, which he refused, due to trust issues.

So, who wins?
The crux of the op’s issue is that he/she insisted, whether rightly or wrongly, that notice be sent directly to the LL, when the Act allows for it to be sent to the Agent acting on the LLs behalf.

The op confirmed that the notice was passed by the EA to the LL, yet this was not acceptable to the op. Had the LL taken a dispute to the RTB, provided the notice was written and for the correct period, it’s fair to assume that the RTB would have concluded it was valid.

My understanding is that initially the notice was sent to the EA via email, this is not valid as it must be written. I explained this to the op, notice must always be written, again, his/her experience in another country was that it could be given via phone/email.

Last edited by Dav010; 29-10-2020 at 15:15.
Dav010 is online now  
Post Reply

Quick Reply
Message:
Remove Text Formatting
Bold
Italic
Underline

Insert Image
Wrap [QUOTE] tags around selected text
 
Decrease Size
Increase Size
Please sign up or log in to join the discussion

Thread Tools Search this Thread
Search this Thread:

Advanced Search



Share Tweet