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08-01-2019, 09:11   #1
davo2001
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Asked for a reference then asked to leave

Hi all,

A colleague has been renting for the past 18 months in the same house (not owner occupied). He was thinking about looking for another place, asked the landlord for a reference (nothing about leaving, just a reference) and the landlord then emailed him backing saying he has 30 days to leave.

I have two questions.

1. I assume since he is there 18 months he has to give at least 42 days notice since he has part 4 tenency rights?
2. The landlord emailing him to leave cannot be considered an official notice? (does it have to be in writing?).

LL of course is not registered AFAIK.
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08-01-2019, 09:13   #2
Pkiernan
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That notice us not valid.

Any lease in place may also infer greater rights to your friend, but at the very least he will have Part IV tenancy rights and can stay for up to 6 years.

There are very few legal ways a landlord can end a tenancy.
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08-01-2019, 09:14   #3
Pkiernan
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By the way, landlords and tenants are not registered with the RTB, specific Tenancies are.
This might explain your discrepancy.
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08-01-2019, 11:41   #4
LotharIngum
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Is he renting the whole house or is he a licensee?
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08-01-2019, 11:46   #5
davo2001
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Quote:
Originally Posted by LotharIngum View Post
Is he renting the whole house or is he a licensee?
Whole house, not a licensee.
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08-01-2019, 11:53   #6
LotharIngum
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Originally Posted by davo2001 View Post
Whole house, not a licensee.
Then he should get proper notice alright.
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08-01-2019, 11:57   #7
davo2001
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Originally Posted by LotharIngum View Post
Then he should get proper notice alright.
I've advised him to email the landlord back a few days before the "eviction" saying that:

"The eviction notice is not valid, given this fact I am under no obligation to leave the property"
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08-01-2019, 12:04   #8
Rows Grower
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Quote:
Originally Posted by Pkiernan View Post
That notice us not valid.

Any lease in place may also infer greater rights to your friend, but at the very least he will have Part IV tenancy rights and can stay for up to 6 years.

There are very few legal ways a landlord can end a tenancy.
6 years?
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08-01-2019, 12:43   #9
runawaybishop
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6 years?
Part 4 tenancies are 6 years
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08-01-2019, 12:50   #10
Cheshire Cat
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Part 4 tenancies are 6 years
That's for tenancies that started after December 24th 2016.
Which would be the case here, if the 18 months timeframe given by the OP is correct.
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08-01-2019, 14:10   #11
dudara
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The landlord has to give written notice, with the correct notice period, and has to give a valid reason (which is limited to a very specific set of reasons for tenants in Part IV tenancies).

From what you've written, it sounds like this notice fails on all three counts - email not written, incorrect notice period and no valid reason.
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11-01-2019, 01:04   #12
mrslancaster
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Quote:
Originally Posted by dudara View Post
The landlord has to give written notice, with the correct notice period, and has to give a valid reason (which is limited to a very specific set of reasons for tenants in Part IV tenancies).

From what you've written, it sounds like this notice fails on all three counts - email not written, incorrect notice period and no valid reason.
just wonder can anyone explain what exactly "in writing" means in relation to the RTA regulations?

email is widely used and accepted so why does the notice to a tenant need to be a physical piece of paper? Is it just a recommendation from the RTB

i thought there was some law passed years ago about electronic formats being a valid form of written communication but I could be wrong.
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11-01-2019, 01:34   #13
Graham
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From the RTB:

Quote:
In order for a Notice of Termination to be valid, it must:
Be in writing (an email will not suffice)........
https://onestopshop.rtb.ie/ending-a-...f-termination/
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11-01-2019, 01:54   #14
mrslancaster
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thanks for posting the link - I read that on the RTB website all right and thought it was just a recommendation.

I will try to find the legislation about electronic communications being a valid form but there could be a specific clause in the RTA that does not allow a notice to be delivered by email.
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11-01-2019, 02:19   #15
1874
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Quote:
Originally Posted by davo2001 View Post
Hi all,

A colleague has been renting for the past 18 months in the same house (not owner occupied). He was thinking about looking for another place, asked the landlord for a reference (nothing about leaving, just a reference) and the landlord then emailed him backing saying he has 30 days to leave.

I have two questions.

1. I assume since he is there 18 months he has to give at least 42 days notice since he has part 4 tenency rights?
2. The landlord emailing him to leave cannot be considered an official notice? (does it have to be in writing?).

LL of course is not registered AFAIK.

So, your friend is leaving anyway, the time limit may suit them, but while the notice is not correct, he should inform the landlord of this to correct it, if he wants a reference Id keep it civil, but a reference is not something a landlord is obliged to give, other than for goodwill, goodwill both ways goes a long way.
You also say (of course) LL is not registered, but then you say (AFAIK) so its Anecdotal, you dont actually know if they are registered, you aren't the tenant.
If your friend is happy to leave and wants a reference, Id raise the problems he has with the landlord directly and make it obvious without being uncivil that he knows his entitlements, but that he is planning on leaving and would like a reference.
Either way a reference isnt an obligation.
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