The person ending the tenancy (it can be either landlord or tenant) must serve a Notice of Termination (a written notice) on the other party and that notice must comply with the Residential Tenancies Act 2004 in terms of the content of the notice itself and the amount of notice given. The content of the notice will depend on whether it is served by the landlord, or tenant, the length of the tenancy and the reason for the termination.
In order to be valid a Notice of Termination must:
· Be in writing
· Be signed by the landlord or by his/her authorised agent
· Specify the date of service
· State the reason for termination (where the tenancy has lasted for more than 6 months)
· Specify the termination date (the tenant has the whole of the 24 hours of this date to vacate possession)
· State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the Private Residential Tenancies Board within 28 days from the receipt of the notice.
27. Can a Notice of Termination be sent by e-mail
No, Notices sent by e-mail are not considered valid under the act.
28. Reasons Notice of Terminations can be invalid?
• Insufficient Notice given – The first day of a period of notice is the day after service. Therefore if the Notice is served on the Monday the period of Notice is counted from the Tuesday. Whilst not a specific requirement under the Act, it may be prudent to give an additional couple of days notice to ensure that the party receives the required notice periods
• In relation to the 14 day warning letter for rent arrears, the 14 days must actually expire before the Notice of Termination is served.
• One step missing in the 3 step procedure for serving a notice of termination for rent arrears.
• Notice omitting wording that the tenant has a whole of 24 hours to vacate possession and that any issue as to the validity of the notice may be referred to the RTB within 28 days of the receipt of the notice
• Additional requirements set out in Section 34 (4), (5) and (6) not included.
Source RTB
29. How long does it take the RTB to hear a case?
The process is slow, while the time it takes to conclude a case has improved do not expect a resolution in anything less than 6 months.
30. How do I take a case against my tenant in the RTB?
Go to RTB.ie and submit a dispute application via your on-line account. (you will need to create an account if you do not already have one)
Alternatively call the RTB on 0818 30 30 37 and request a paper based dispute application form
31. How much does it cost to take a case to the RTB?
The fee for Dispute Resolution is €25 for paper applications and €15 for online applications. An Appeal to a Tenancy Tribunal hearing is €100 for paper applications and €85 for online applications.
32. Can the tenant take a case against my letting agent?
No, a case can only be taken against the landlord. Even if the agent represents the landlord at a case it is the landlord who is legally liable for the outcome.
33. Can I chase rent arrears from a past tenant?
Yes, You can submit a case to the RTB in the normal way. In order for the RTB to track the former tenant you will need to have provided their PPS number when you registered the tenancy.
34. Can the RTB make the tenant leave?
As part of the dispute process the RTB can instruct a tenant to vacate a property once due process can be adhered to. In certain circumstances the order to vacate can be enforced by the sheriff if not complied with.
35. Is there a time limit on taking a case to the RTB?
The Residential Tenancies Act 2004 imposes time limits on certain cases being taken to the RTB. For instance
1. Notice of Termination – Cases that solely relate to an invalid Notice of Termination must be referred to the Board within 28 days of receipt of the notice. Time limits also apply in respect of cases dealing with a rent dispute following the termination of a tenancy.
2. Rent Increase – Where a valid notice of a rent review has been served by the landlord then either party can submit a dispute to the RTB before the new rent is to have effect or before the expiry of the 28 days notice from the tenant receiving that notice.
In all other cases the Statute of Limitations will apply, i.e. the case must be referred before the expiry of six years from the accrual of the cause of action.
Please note that a person can apply to the RTB for an extension of time for a referral of a dispute by showing good grounds for such extension (s.88 of the RTA) Source: RTB
36. Do I need a solicitor at a RTB hearing?
This is a personal choice, there is no obligation to have a solicitor present. It depends on a number of factors including how strong a case you think you have. Have you followed all the correct procedures? Are you confident and good enough at presenting to represent yourself at the hearing?
37. What is RTB Mediation?
The mediation process is designed to be supportive and non-confrontational. A mediator assists the parties to explore each other’s respective positions and reach a resolution of the dispute to which both are agreed. The hearing is confidential. Telephone mediation is now available from the RTB
38. What is a RTB Adjudication?
A RTB Adjudicator is appointed to the case and examines the evidence of the parties and investigates the dispute fully. The Adjudicator will decide how the dispute is to be resolved. The hearing is confidential.
39. What is a RTB Tribunal?
A Tribunal takes place if any party wishes to appeal the Adjudicator’s decision within 21 days of issue of the Adjudicator’s report or in the event that mediation is unsuccessful and any of the parties request a Tribunal hearing. In exceptional circumstances the PRTB may refer a dispute directly to the Tribunal, e.g. where there appears to be imminent risk of damage to the dwelling or danger to the parties.
A Tribunal hearing is a public hearing.
40. How I serve notice on my tenants?
The person ending the tenancy (it can be either landlord or tenant) must serve a Notice of Termination (a written notice) on the other party and that notice must comply with the Residential Tenancies Act 2004 in terms of the content of the notice itself and the amount of notice given. The content of the notice will depend on whether it is served by the landlord, or tenant, the length of the tenancy and the reason for the termination.
In order to be valid a Notice of Termination must:
· Be in writing
· Be signed by the landlord or by his/her authorised agent
· Specify the date of service
· State the reason for termination (where the tenancy has lasted for more than 6 months)
· Specify the termination date (the tenant has the whole of the 24 hours of this date to vacate possession)
· State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the Private Residential Tenancies Board within 28 days from the receipt of the notice.
41. How much notice must I give a tenant?
Duration of Tenancy Notice by Landlord
Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days
2 years or more but less than 3 years 56 days
3 years or more but less than 4 years 84 days
4 or more years 112 days
42. What happens when a tenant won’t leave?
If a Notice of Termination is not complied with and the tenant does not leave, the only recourse is to refer a dispute to the RTB about the tenant’s failure to comply with a valid Notice of Termination. The landlord may not take the law into his own hands. A dispute case referred to the RTB about an illegal eviction will be given priority and there are procedures in the Residential Tenancies Act 2004 under which the RTB may apply to the Circuit Court for an interim or interlocutory injunction to restrain the landlord and re-instate the tenant pending the RTB’s determination of the dispute.
43. What is breach of Minimum Standards?
Every rental property must meet certain minimum standards set down in law. The enforcement of Minimum Standards for Rental accommodation is dealt with by the local authorities. However a tenant can take a case against their landlord regarding standard and maintenance of a dwelling
44. How do I get the money I was awarded in a RTB case?
If the tenant has not complied with a RTB order to make a payment to you it is possible to apply to the RTB to request enforcement of the order. There is however no requirement on the RTB to enforce every order.
45. Can I enforce a RTB order myself?
You can apply to the courts to have a RTB order enforced. You would however be liable for the legal costs of doing so.
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