If you get an eviction notice, check it. A lot are invalid (wrong notice period, forgot to send to rtb, missing wording, etc.).
If you dispute it with the RTB, the eviction can’t go ahead until the RTB decides which is taking around 6 months these days. That can give you lawful time and stop dodgy pressure.
Not gaming the system. Just using the protections that exist.
edit: can't tell if the commenters are trolling or they are part of the reason we have record breaking homeless.
tenant rights are the same as workers rights. They become strong when we stay persistent though all examples of exploration
If a landlord or even worse a letting agent has issued an invalid notice of termination they deserve everything their incompetence gets them. It’s a straightforward process.
Honestly it’s not straight forward especially for someone who is only ever doing it once. Depending on the type of notice it could be a min. of x days notice in which case you might give a few more than the legal minimum to bring it up to an end of month or make sure you counted correctly.
For other types it’s an exact number of days. So if you give one more it’s invalid. Does the day of notice count? Day of eviction count. I’m not sure to be honest.
There are a few other somewhat tricky bits too. Now you have until the last day appeal it which can start the whole process again.
By all means do, wouldn’t blame anyone it’s their right.
As someone who’s dealt with the RTB extensively, I can say that it is.
It’s a process, you follow the process. As stipulated by the residential tenancies act.
What you’ve described is exactly as I noted in my original post… incompetence.
If the individual in question is unsure and unfamiliar with the process, they can clarify their position with the RTB or seek professional assistance from a letting agent prior to issuing the NOT.
Your position is from someone who has dealt with the RTB extensively.
Many landlords may never have issued a NOT.
And if they do it incompetently they only have themselves to blame.
And it’s shit like this that is making casual / accidental / small landlords get out of the game and tenants can then deal with faceless PE firms who couldn’t give a fiddlers fuck about the RTB and paltry fines
I doubt a decent "casual" landlord would have to worry about a decent tenant giving them a hard time over this situation. If a landlord is afraid of the "hassle" caused by something like this (by their own inability to follow a simple process) then they aren't the kinda person I'd want to be a landlord in the first place.
To get it straight, having read your reply… your argument is that having to follow a defined process is the reason small landlords are leaving the market?
Is it unfair that small businesses have to adhere to employment laws and continuous minimum wage increases or is adapting to changing legislation an accepted, whether reluctantly or not, practice.
Any individual investing in property whether they’re “causal / accidental / small” does so under the understanding that the operating environment is subject to change through policy/legislation changes/amendments, economic conditions etc.
It has always been the case, it is not a passive investment as some would have you believe. The individuals who do well are the individuals who treat it like what it is a profession.
On your last point from experience, institutional operators make for much better landlords as they prioritise the aspect of governance, repair and maintenance and effective tenancy management to a much greater extent than a small landlord notably due to their enhanced resources and prioritising asset management.
If landlords are too incompetent to understand the type of lease and the notice required and too thick to count the correct number of days of notice needed then maybe they shouldn’t be a landlord.
https://rtb.ie/renting/ending-a-tenancy/notice-of-termination-guide/
Unpopular opinion but even with homelessness in mind I would never do this with any of my previous landlords. They were angels in disguise, always helpful, dealing with any problems. But my current one? Ohh I will grab anything available and possible to make his life as miserable as possible and to extend eviction notice if it ever arrives. Old geezer threatens me with it every time I ask him to fix something in house.
Tell them to fuck off on my behalf, please
There should always be a good relationship maintained between good landlords and good tenants. I would say part of this is to approach your tenants and say."Look, I need to sell up. Before I draft the notice, is there anything you need in terms of timeline etc?" At which point you can direct them to the Threshold checklist for a legal notice.
If you are on HAP, you will probably need to avail of the special rate of HAP which you qualify for in the final month of your current tenancy. In this respect, a flexible deadline is a huge advantage. You will also need to show that you did not make yourself homeless. This includes complying with an invalid notice, so the first thing you have to do is send a copy of the notice document to Threshold. They will either issue a notice of compliance or non-compliance. If it's non-compliance you need to ask the landlord to issue a new notice, emphasise the importance and that you cannot leave the property without it. Make sure you blame the local authority for their bureaucratic mentality and frame it as "us Vs them" rather than "me Vs you". If they refuse to reissue, then with no valid notice in place they can't have you removed as long as you continue to pay rent. They may go to the RTB form arbitration but the waitlist for these cases is years long and the RTB won't rule against a threshold non-compliance notice anyway.
I went through this entire worst case scenario a year ago and if the council hadn't housed us we would still be in that house now awaiting the RTB appointment. Nobody wants that situation but our landlord chose to be unreasonable. He wasn't hard up for cash, just decided he didn't want the property anymore so there was no reason to not do things correctly. You're also under no obligation to tell them what is invalid about the notice but the most common thing to check for is omission of the statutory declaration of intent to occupy/sell which must be signed and witnessed by a notary/commissioner of oaths.
We had a great relationship with our previous landlord. When we received notice from him that he was moving back because he had given his home to his kids, we explained that we didn't know when we would be able to move out due to financial limitations and the state of the market at the time. He was understanding and granted our request, as he knew how difficult it could be. I miss him now.
That's when we found the place we live in now. At the beginning, the owner seemed alright, and we discussed a few issues that he agreed to fix. Long story short, he didn't, and always responded with, "If we don't like it, we can leave." And that's how the last two years went, with me always bending over backward to please him so we wouldn't end up homeless.
Thanks for the information; I hope I won't need it in the end. I've already contacted Threshold regarding the possibility of a future notice being invalid, but it would just be my word against the landlord's, and ultimately, he does have the right to sell. I will worry when we cross that bridge.
For the last six months, there's been dead silence, no word from him. I hope that it will stay that way.
Yeah, sounds like our situation. The previous landlord was really nice, then we ended up with an eejit. Just remember laws have changed a lot in the last few years. They cannot force you out without a valid notice. You also don't have to tell them it's invalid straight away, you can sit on that info and then "realise" it when there's just a few weeks left. Even if you have a valid notice, in desperate circumstances you can technically over hold. It's illegal and will count against you, but is still preferable to taking children into emergency homeless accomodation IMO. As long as you continue to pay the rent, it will be a low priority case for the RTB. If they return the rent, continue to pay it every month and move the returned payments to a separate account that you can transfer from immediately. Very dodgy ground, obviously, and not a path to take lightly, but desperate times and all that.
A friend of mine just got fired by an employer who also provides her housing. They've given her two weeks to vacate, not 90 days, apparently because she doesn't have a tenancy agreement; rather, it's part of her employment contract. I was telling her that this was bullshit. Am I right?
If your friend’s housing is genuinely “tied” to the job, then:
There is no automatic 90-day notice requirement under Irish residential tenancy law — you generally leave when employment ends or according to what the employment contract/licence says. Residential Tenancies Board
BUT if it actually functions like a tenancy, she might have tenancy protections, which could make a short two-week “eviction” far less straightforward. A lot depends on the facts.
So you’re partly right : it isn’t necessarily bullshit, but it also isn’t automatically lawful for an employer to just demand they leave in two weeks if tenancy rights apply. To be sure, she’d benefit from advice from Citizens Information, Threshold, a solicitor, or the RTB.
It's tied in that they give you the tenancy when they hire you and take the wages out of your paycheck. But it's not part of the employment; she's not a residential nurse living in a care home, for example, or a apartment manager living in the flats they are responsible for.
Based on what you’ve described she is very likely a tenant, not a service occupant,
Two weeks’ notice is almost certainly not lawful,
The employer’s position is highly contestable,
She should not just accept this at face value.
If the contract clearly says something like:
“Occupation is by licence only and ends immediately on termination of employment”
…that still does not automatically defeat tenancy rights, but it can complicate things and may require RTB or legal determination.
Still, courts and the RTB regularly find tenancies exist despite such clauses when the facts don’t support genuine service occupancy.
Lots of employer-provided accommodation is unlawfully unregistered Employers often assume it’s exempt. Wage-deduction rent arrangements are a very common source of RTB non-compliance So the fact that it isn’t registered does not mean it isn’t a tenancy. It usually means the employer is in breach of the law.
File a dispute amd contact threshold.
Years ago we rented an apartment and we got it so easily when competition was hard. A month later the landlord told us he wanted us to leave so his daughter could move in (don’t know why he disclosed these details). He was a solicitor and tried to pressure us. We were on a fixed term contract and told him we’d leave if he gave us 10k (remainder of the years rent). He tried to bully us and we responded with the RTB rules and he went quiet. We stayed for the remainder of the contract and left.
Anyway, landlords will try to stiff you if they can, always check contracts, ask RTB if unsure, don’t immediately fold. In newer places we’ve withheld portions of rent if appliances like washing machines aren’t working and we’ve gotten them fixed very quickly after. Always fight your corner.
I was fully aware that my landlady had not notified the RTB. We are a family of 5 on a budget so I knew it would take a while. I waited till just before the 6 months were up, and then told her. She flipped her lid, I really enjoyed it, and we got another 6 months. Finding a suitable place took 9 months total.
Look what I just read
https://preview.redd.it/stahiwfzx3bg1.jpeg?width=1179&format=pjpg&auto=webp&s=eb07217f63a71750093242605b9ea07d57495ba4
I mean I don’t trust councillors, the only people more corrupt than landlords.
Again landlords are not corrupt. No more than anyone else who made an investment and wants to make a profit to actually live. I mean are teachers vile beings for charging for the service of parting with their education
If you are fleecing people, evading the law, or fucking people over you are corrupt. Doesn't matter if you are trying g to make money
From what I’ve read and see online (not personal to me me I’m neither) the councils are telling people to overhold. Tenants are not paying the rent. Landlords are being screwed over 🤷🏼♀️ and none of it illegal
Gaming the system yes that’s what you called it
Are you saying dispute the eviction even if its for valid reason?
E. G. Selling the property or non payment of rent?
Just a further PSA as I'm seeing a lot of posts like this recently. It's worth disputing an eviction notice if there is an error but there is a time limit generally 30-90 days. The correct procedure is to notify the landlord of the error and for them to amend it with the notice period resetting, or if the error is minor they might be able to avail of the slip rule. If you go all the way to dispute and the RTB find you tried to delay your eviction without cause or not following guidelines they will award costs against you and there will be a public record making it difficult to find a private rental in the future.
Any houses to rent?
The claims you made sound like something said to scare tenants out of using the RTB process
I looked it up
1.
You are not required to notify the landlord of the error before disputing. You may do so informally if you want, but many landlords ignore it, or Try to pressure the tenant to leave anyway.
If a notice is invalid, the RTB can rule it invalid regardless of whether you warned the landlord first.
If the RTB finds the notice invalid, the landlord must issue a new notice, and the notice period resets by law. That is not a “loophole” — it’s how the legislation works.
2.
The RTB does not punish tenants for disputing a notice that is: Invalid, or Reasonably disputed.
Costs are extremely rare and typically only considered in exceptional cases of:
abusive behaviour, or Repeated, clearly bad-faith actions.
Simply disputing an eviction does not result in costs being awarded against you.
When has the RTB awarded costs in this scenario?
Can you show me a case where the tenant was charged for disputing "for trying to delay eviction"
I do not believe that's true. Unless it goes to court
For every dickhead landlord, there's a dickhead tenant.
Is a landlord is unlawfully evicting you, you’ve a right to report them or dispute it.
It takes very little effort for the landlord to follow the law.
You sound exactly like those people who take judicial reviews against housing estates because they impact your view.
Housing is by far the voting issue I prioritise the most, not even close. Housing housing housing.
You couldn’t be more wrong if you tried.
I don't see how circumstances that affect people trying to find a place to live and regarding the built environment is the same to someone trying not to get fucked over as in ultimately made homeless,
Tenant rights are more aligned with workers rights... as they affect the individual only ultimately (and the landlord/employer), but the maintaining of these standards improves everyonrs lives. They both originated at the same time aswell let's not forget
This guy tips his landlord
Just an extra 50
Are you calling OP a dickhead tenant ?
I think i inferred it
Oh look we've found the butthurt landlord 🤣🤣 How is he a dickhead tenant ? He's literally just exercising his legal rights because the landlord broke the law ? That's on the landlord for not registering which he's legally required to do and not sending a correct notice
The only thing your comment goes to prove is that the dickhead landlord who supports other landlords breaking the law is you. You are what's wrong with Ireland right now , do better Dickhead.
I’m not a landlord and I also think OP is a dickhead. Abusing any appeal system with no rational grounds costs the taxpayer money for the arbitration process. Sounds like a selfish individual who doesn’t consider the knock-on effects of their actions. A basic corollary of the golden rule is “if everyone acted as I do, how good/shit would things be?”. In this case, if every eviction notice were to be disputed, how do you think that would affect this appeal process itself? How would it affect builders’ appetites for investing in new housing?
The OP is simply asking tenants to be informed of the legislation that protects them.
Well, one's breaking the law, the other is arguably breaching the spirit of rental guidelines...
With the information that's been provided you can't say anyone has broken the law.
This person is the exact same as the likes of people who take ABP cases or judicial reviews. Literally fucking over everyone else.
They've taken absolutely no steps to report the tenancy as unregistered until now.
Because people have to literally walk on eggshells during the first 6 months of their tenancy.
And I only found out recently I was never registered.
Also people have a right to appeal on developments around them e.g. a certain data center granted permissions last week a lot of people weren't happy about.
Can always spot a NIMBY objector.
Can always spot a boot licker
Please explain how what they’re saying makes you call them an objector
It's a breach of rental law to not register a tenancy. The buck stops here.
Not all tenancies need to be registered
This one needed to lmao
You're clutching at straws. The scope for those cases is extremely narrow.
They’re not fucking anyone over. The eviction process is very straightforward. If landlords are too incompetent to follow it correctly that’s their own fault.
And sometimes there is a dickhead.
So proportionally , landlords are more likely to be dickheads as there is more renters per them .
You're right so then
I think you mean that the other way round?
Ah .... yes 🫠
True that, and the law applies to both, lets not forget it 😊
I was totally aware that my notice was technically invalid as they didn't go through the RTB. I waited till the 6 months were nearly up to tell them
Landlord and tenants is a historical issue in Ireland dating back to the 12th then 16th century when the Tudor conquest solicited through force land confiscation. We then became an independent republic in 1949 what followed was a war of independence and eventually thankfully a peace treaty known as the Good Friday agreement ❤️
Now we have either investment funds or circumstantial landlords (individuals who are not rich)
The individuals are being taxed to the hilt have awful tenants a lot of the time who don’t pay and trash the property.
Then we have the HAP tenants yes the government will pay for the rent with a cap. But why do u think most agencies find a way to not accept their offers
I’ll tell you why and this is from exactly what I’ve heard:
They have loads of kids who trash the house
If a lightbulb goes they want the landlord to send an electrician
Parents don’t work and have no intention to do so
Will overhold, no shame or any respect for themselves
Won’t pay for bins just dump the rubbish
Torment the neighbours
In other words, be a prick to somebody to vent your frustrations at the government's failings.
Apparently making landlords follow a very simple process when they’re trying to make you homeless makes the tenant a prick now.
You are gaming the system and there is nothing wrong with that
People have a right to dispute when there is strong evidence of wrongdoing/bad faith.
This attitude of not rocking the boat and just willingly getting fucked over is enforcing the belief in landlords they can keep fucking people over without accountability
Very easy https://rtb.ie/renting/ending-a-tenancy/notice-of-termination-guide/
I'm not denying people have a right to dispute things. It's gaming the system and there's nothing wrong with that
All landlords love these posts because now they know how to make sure they’re eviction notices are rock solid 🧐 good on ya man
There ya go landlords
https://rtb.ie/renting/ending-a-tenancy/notice-of-termination-guide/
'Don't let tennants know of the systems in place that they can avial of because you might also let landlords know.'