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18-07-2020, 06:42   #1
steve66
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Termination notice issued.

Hi. I have been an occupant of my current residence for at least 10 years. My landlord is not the person I initially rented from. I have been renting from him since nov of last year. I also have a flatmate who moved into the residence around the same time ie nov of last year.. I got him into the apartment not the landlord . We are both paying through hap, as well as paying 55 euros extra a month each to the landlord.
Some hours ago, a termination notice for both of us was put through my letterbox giving us 28 days to vacate the premises. Although the actual date for termination is 30th of august.
I cannot find the tenancy agreement so cannot say if it is a fixed lease or not. But the reason for the termination notice is because the landlord wishes to sell the residence within 9 months of the termination date which is the 30th of august. According to what i read, that is not one of the reasons allowed for termination of a fixed term lease.
Quote from RTB website. "The amount of notice required to end a tenancy depends on how long the tenant has lived in the property." It does not say how long the tenant has been renting from their current landlord. Further on it says, "Duration of tenancy (Not less than 8 years is 224 days."
"Not less than 6 months 90 days."​​​​​​​
According to a person I spoke to from focus ireland, the amount of notice required is in deed determined by the time a tenant first became resident in an accommodation, and not when they started renting from their current landlord, if said landlord, is different from initial landlord.
Can you confirm or deny this with absolute certainty?
But even if a notice period reverts back to when a new landlord took over, surely this still gives my flatmate and myself 90 days. The tenancy under this landlord began in November of last year. (Although I will have to confirm that with HAP.) Well even if was december, it is past the 6 months period, The termination notice was issued on the 17th of july.
I also see that no termination notice can be put out during the emergency period. But that ends in a few days. I assume the landlord will have to serve notice again. On another point. my flatmate has been in hospital for the last 18 days. It is not known how ​​​​​​​long he will be there for. Does he have any rights due to his situation?

Last edited by steve66; 18-07-2020 at 06:52.
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18-07-2020, 07:08   #2
Dav010
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Just a few points.

The length of the notice period is dependent on the length of time you have been there, not how long the LL owns the property, so in your case the correct notice period is 224 days.

You have a Part 4 tenancy, not a fixed term one. A fixed term tenancy is one that has a lease agreement ending on a certain date. LLs don’t bother much with these anymore because after 6 months the tenant gets Part 4 rights which are statutory.

Selling a property is still one of the reasons which a LL can end a Part 4 tenancy, but your notice must come with a signed declaration.

The fact that your friend is in hospital does not impart additional rights or protections above those in the RTA.

The ban on evictions is a little up in the air at the moment. The current ban is due to end next week and the minister has announced his intention to extend it. But apparently the AG has advised him that as Covid restrictions on movements have been eased, extension of the ban may not be constitutional and would not stand up to a High Court challenge. So we have to wait and see if it can/will be extended.

The notice you received is invalid, the LL jumped the gun by serving it before the ban ended and has given you the wrong notice period. But, he will get it right eventually and if he is selling, your tenancy might indeed be coming to an end. Might be as well to keep a lookout for a new property, things have improved on that front in that there seems to be an increase in supply.
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18-07-2020, 09:26   #3
steve66
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Thank you. That is indeed some relief to me. I need time to get money for a deposit. I did get money from Supplementary welfare towards a deposit. But I believe it was for the previous residence I occupied. So lets say that deposit is 400.
If I apply again for help with a deposit, and I am successful, I assume any cash forthcoming would be the balance between what I previously received, and the price of the deposit.
I assume also that since my flatmate is here since november, he is entitled to 90 days notice.
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18-07-2020, 09:32   #4
Dav010
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You will have to discuss that with Welfare.

You will also probably need at least the first months rent as well, possibly more. All LLs will insist on rent being paid a month in advance, HAP tends to be paid in arrears, so you will be responsible for payment of rent until HAP payments are received by LL.

Last edited by Dav010; 18-07-2020 at 09:38.
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18-07-2020, 09:54   #5
steve66
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Thank you.
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19-07-2020, 12:04   #6
Pkiernan
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You should inform the RTB that you gave received this notice, even though it is invalid.

This is to help protect you down tge line.
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19-07-2020, 13:30   #7
TSQ
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Quote:
Originally Posted by steve66 View Post
Thank you. That is indeed some relief to me. I need time to get money for a deposit. I did get money from Supplementary welfare towards a deposit. But I believe it was for the previous residence I occupied. So lets say that deposit is 400.
If I apply again for help with a deposit, and I am successful, I assume any cash forthcoming would be the balance between what I previously received, and the price of the deposit.
I assume also that since my flatmate is here since november, he is entitled to 90 days notice.
You most likely paid a deposit when you rented your current house, as usually a landlord requires 1 month deposit and 1 month rent in advance. Try to find proof of deposit paid, as you will be due a refund of this amount on vacating the house, assuming no damage (that isnt normal wear and tear) has occurred.
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19-07-2020, 14:08   #8
jimmycrackcorm
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Quote:
Originally Posted by Pkiernan View Post
You should inform the RTB that you gave received this notice, even though it is invalid.

This is to help protect you down tge line.
Why waste the time of the RTB. What action are they supposed to take?
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19-07-2020, 14:15   #9
Carerhomeless
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Originally Posted by jimmycrackcorm View Post
Why waste the time of the RTB. What action are they supposed to take?
Mediate the problem created by the Landlord breaching landlord obligations which includes the tenancies act and the emergency measures extended till August.

Ignorance of the law isn’t a valid defence.

The tenant isn’t qualified to deal with the complexities of the legislation. That’s what the RTB is ford
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19-07-2020, 14:52   #10
Pkiernan
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Originally Posted by jimmycrackcorm View Post
Why waste the time of the RTB. What action are they supposed to take?
What's your problem?

The tenant has been illegally served an invalid notice of termination by a landlord who is at best ignorant of current rental legislation.

Its very likely that this same landlord will be banging on the door in 28 days demanding a vacated property.
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19-07-2020, 14:53   #11
Pkiernan
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And I'm a landlord, not some PBP lefty who thinks all landlirds are evil.
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19-07-2020, 15:12   #12
Dav010
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Quote:
Originally Posted by Pkiernan View Post
What's your problem?

The tenant has been illegally served an invalid notice of termination by a landlord who is at best ignorant of current rental legislation.

Its very likely that this same landlord will be banging on the door in 28 days demanding a vacated property.
He hasn’t been illegally served with an invalid notice, he has been served an invalid notice. It only becomes illegal if the LL acts on an invalid notice.
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19-07-2020, 15:49   #13
Claw Hammer
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It might well be seen that is right to peaceful possession was breached by the service of such notice. Even if the ban on serving notices was not in force, it is an invalid notice in any event on two grounds, at least.
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19-07-2020, 17:25   #14
Pkiernan
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Originally Posted by Dav010 View Post
He hasn’t been illegally served with an invalid notice, he has been served an invalid notice. It only becomes illegal if the LL acts on an invalid notice.
You're wrong again.

You should refrain from posting here, as you clearly don't understand the legislation.

From the legislation:

A notice of termination cannot be served during the COVID-19 emergency period. All notices of termination which were served before the emergency period and fall within this period, are paused; a tenant cannot be told to leave their rented accommodation during this time.


Does any part of that need further explanation?
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21-07-2020, 19:13   #15
redarmyblues
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Originally Posted by Pkiernan View Post
You're wrong again.

You should refrain from posting here, as you clearly don't understand the legislation.

From the legislation:

A notice of termination cannot be served during the COVID-19 emergency period. All notices of termination which were served before the emergen
cy period and fall within this period, are paused; a tenant cannot be told to leave their rented accommodation during this time.?
Which means that the piece of paper the landlord out through the door is not a Notice to Quit. OP don't be bothering the RTB with notifying the RTB of this, you have the guts of a year to
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