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28-11-2019, 01:06   #1
Curious1002
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Termination Letter from landlord with multiple properties

I live in Dublin in a Rent Pressure Zone for 2 years and 1 month (there was never any lease agreement in place). A few months ago my landlord came to my apt and asked for 75% more in rent. I refused and said that I can only pay 4% allowed by law. He refused and told me to look for a new place. I didn't as I didn't do anything wrong. Even though there was no agreement, from a get go I started to pay 4% more in rent without waiting for an official rent increase letter or 90 days notice. A few months later he handed me a termination letter on the basis of a "substantial renovation" and told me to move out. I checked with Threshold and the letter turned out to be invalid, which I informed my landlord about. Two days after I informed him about this he handed me a brand new termination letter but this time signed by his newly appointed solicitor - now he is claiming that his daughter has to move in exactly to my apt. My landlord has 30 apartments in my building where at least 1 apt becomes available each month (people are moving in and out all the time). My landlord's son owns 35 more apartments nearby (400 metres away). Obviously, we know what this is about - I became a problem and he removes me. I am going to challenge this notice too and will opt for the PRTB adjudicator.

My questions are:

1. Even if the latest notice of termination (re: daughter wants to move in) looks valid, can i still challenge it with PRTB based on the 6 months "history" of his conduct? I do have evidence of all our conversations and previous invalid notices. Everything that proves that he tried to get rid of me.
2. Knowing that he and his son owns in total 65 almost identical apartments, can his daughter simply choose any other free place?
3. While he owns so many other apartments, should he offer me a substitute apartment of those tenants that move out at the time when I become "homeless"?
4. My neighbour confided in me that he will be moving out exactly the month that I am required to leave my own apt. Can I simply move in to my neighbour's place? Can I suggest this to my landlord? If I do, he will say that "he already promised this place to someone else". Can he do that? Or in such circumstances I should have a priority?

Please let me know your thoughts.
Thank you.

Last edited by Curious1002; 28-11-2019 at 09:32.
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28-11-2019, 01:37   #2
beauf
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The LL has to give you valid notice. Then follow through.

https://onestopshop.rtb.ie/ending-a-...of-termination

The rest really isn't relevant as far as I know. Ask the RTB.
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28-11-2019, 02:00   #3
Varik
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Assuming the daughter does actually need somewhere and it isn't a ruse, it's substantially better for landlord to give her the place that's at a lower rent. She gets a lower rent and he's not losing out on a higher one somewhere else. Also doesn't have to offer to rent it to her, she can just live there the 2 years and after which he can set the rent to whatever for the next person.


If you moved into your neighbour place you'd be paying the neighbours current rate plus a bit dependant on when their rent was last reviewed. You've no priority over anyone for the other place.
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28-11-2019, 05:12   #4
Graces7
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Do the RTB know re the huge rent increase he is asking?
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28-11-2019, 06:25   #5
adrian92
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Perhaps a solicitor, with a social conscience, on a voluntary basis, may volunteer to assist (I have never met one- but perhaps there is one)
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28-11-2019, 06:37   #6
elfy4eva
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It sounds to me like he's done his homework on the reasons to terminate a part 4. As after his unsuccessful increase he's flip flopped between two of the favourite reasons. I would keep liasing with the RTB to ensure he has served valid notice while informing them of the inconsistency. If you do have valid notice for these reasons and the flat comes back up for rent, as I understand it you must be offered first refusal to return. If he flip flops again and claims he's done substancial refurbishment, they must be just that substancial.
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28-11-2019, 07:08   #7
fash
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No reason not to dispute - you have a reasonable case that even if the landlord claims he is entitled in reality it is a sham. Of note the LL must give a statutory declaration and faces fine/imprisonment for giving a false statement. Frankly I would pursue that all the way in ensuring that a case is brought against him.
Furthermore, you can stay in the apartment during the dispute.
In particular, if you stay in the apartment beyond the relevant date when the LL claimed to need the apartment for the daughter the LL's case becomes even more obviously disingenuous as more apartments open up.
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28-11-2019, 07:12   #8
ebbsy
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Unless the Landlord asked for the 75% in writing, you would have a job proving that part.
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28-11-2019, 07:12   #9
ebbsy
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Quote:
Originally Posted by adrian92 View Post
Perhaps a solicitor, with a social conscience, on a voluntary basis, may volunteer to assist (I have never met one- but perhaps there is one)
There are none.
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28-11-2019, 07:41   #10
10pennymixup
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Quote:
Originally Posted by adrian92 View Post
Perhaps a solicitor, with a social conscience, on a voluntary basis, may volunteer to assist (I have never met one- but perhaps there is one)
Quote:
Originally Posted by ebbsy View Post
There are none.
What about FLAC?
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28-11-2019, 07:49   #11
splinter65
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Quote:
Originally Posted by 10pennymixup View Post
What about FLAC?
Flac will only give basic advice and will not act for someone. The legal aid board will not get involved as the statutory body RTB are in place to deal with tenant/landlord disputes.
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28-11-2019, 08:11   #12
10pennymixup
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Flac will only give basic advice and will not act for someone. The legal aid board will not get involved as the statutory body RTB are in place to deal with tenant/landlord disputes.
One poster allowed inference be drawn that there are no such solicitors, the other stated it outright.

FLAC have given me (a landlord) advice before on tenancy issues.

Yes they won't act, but their guidance and (more than basic) advice helped me.

The legal aid board is a different entity and I didn't mention it.
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28-11-2019, 08:22   #13
davindub
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Op just appeal the notice on the basis:

1. The termination process was initiated to punish you for not agreeing to the price increase.

2. If the LL has another property becoming available he does not "need" yours for his family member.

3. I would write to the solicitor that witnessed the statutory declaration stating you believe it to be false due to the landlord having other apartments and the reasons above, send the same to the law society. It is a criminal offense to sign a statutory declaration you know to be false.

Submit the invalid notice for substantial renovation and your testimony on the rent increase as evidence.

Also get onto FLAC, they do give advice but are hard to book, so use threshold as well. Read the RTA act yourself, it will take a couple of hours. I would also consider seeing if the media would take an interest.
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28-11-2019, 08:54   #14
beauf
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None of that will invalidate a valid notice. As far as I'm aware.

But if he doesn't follow though and just puts another tenant in there you might win a payout and the LL will have to offer you the place back.

But someone with that much property had probably been through that many times, and really the fine is small change to him.
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28-11-2019, 08:58   #15
Dav010
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Quote:
Originally Posted by davindub View Post
Op just appeal the notice on the basis:

1. The termination process was initiated to punish you for not agreeing to the price increase.

2. If the LL has another property becoming available he does not "need" yours for his family member.

3. I would write to the solicitor that witnessed the statutory declaration stating you believe it to be false due to the landlord having other apartments and the reasons above, send the same to the law society. It is a criminal offense to sign a statutory declaration you know to be false.

Submit the invalid notice for substantial renovation and your testimony on the rent increase as evidence.

Also get onto FLAC, they do give advice but are hard to book, so use threshold as well. Read the RTA act yourself, it will take a couple of hours. I would also consider seeing if the media would take an interest.
Can the RTB dictate what property a LL offspring needs? A LL can’t punish a tenant for initiating a dispute with the RTB, but the op hasn’t done this yet, even though notice has already been served.

A Solicitor acting for a client has no reason to communicate with you, the offence of a false statutory declaration carries the grand sum of £50 in maximum fines, or 3 months in prison. I’m sure the Solicitor would sign based on the info given by his/her client, and if the daughter moves in, where would the offence be?

If the daughter does not move in, the op will have a nice pay day in all likelihood, or, may be offered the apartment again.
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