Trust unable to give 42 days notice s.51(1)(a)

[Keys]

How much notice do I need to give to end a tenancy?

• The amount of notice that needs to be given to end a tenancy will depend on thetype of tenancy agreement made between the landlord and the tenant and the circumstances at the time.
• 
  Fixed-term tenancies are for a specific length of time and cannot be ended with notice.

Hello???

• Periodic tenancies and service tenancies can be ended with notice.

To end a periodic tenancy a landlord can give a tenant a minimum of 42 days’ written notice if:

• they have an unconditional offer for the sale of the property and the sale and purchase agreement requires vacant possession be given to the purchaser
• they wish to occupy the property themselves as their home. This cannot be for a holiday, a weekend retreat, or to renovate the property while retaining a home elsewhere.
• they wish to use the property for a member of their family to live in as their home. This cannot be for a holiday or a weekend retreat.
• they wish to use the property to house an employee as their home and the tenancy agreement with the tenant states that they might use the property for this purpose.

In all other cases the landlord must give the tenant a minimum of 90 days’ notice to terminate a periodic tenancy.

Anybody notice the problems here? And that's not the only wrong message I've spotted.


Keys

[Fritz]

Unclear...

Well, some lively discussion.

What this highlights is that even amongst us the RTA is unclear in certain areas and needs some overhauling.

I am definately with Keys. When we managed our properties ourselves we found misleading and in some cases wrong advice dished out to us from TS.

The RTA is ultimately the rule book. However the dbh site displays some information is their interpretation of this rule book, and as Keys shows not always accurate or balanced for landlord/tenant.

Fritz.

[xris]

I have said before and I will say it again that the dept for courts/collections unit, Tenancy Services/mediation staff and the DBH is nothing more than a group of civil servants wh, on the whole and in my experience, are not particularly bright or enthusiastic about their jobs.

I would like to say that they would have an above average knowledge of the area in which they are employed, and too an extent I have found this to be true of the TS call centre staff.

However, I have found the complete opposite to be the case with the Collections Unit, whose ignorance, right up to the top, of what they are supposed to be doing, is mind boggling.

I have found the TS mediation staff to be biased and unprofessional - in the days before I stopped dealing with them as much as I could.

The advice on the DBH/TS site above seems to be reasonably alright, even though it has its faults.

But what is very important is that people realise that it is only opinion, opinion from amateurs.

As an example, the link provided by cassandra says that the collections unit used to do THAT, but now they have decided to do THIS, so we should all accept THIS and forget about THAT. Well, on who's say-so? THEcollections unit staff who are not lawyers and who sit around in meeting rooms drinking coffee and making up the new rulesa for the next six months.

My suggestion is that we all question anything we here from any of these civil servants, and if need be challenge it further, in court if needed. I am glad to see that keys at least also questions what he hears and sees.

The RTA and TT orders are of course a different matter.

xris

[Keys]

However, I have found the complete opposite to be the case with the Collections Unit, whose ignorance, right up to the top, of what they are supposed to be doing, is mind boggling.

I'm in the process of penning a letter to the District Court asking them (under the OIA) what the responsibilities, powers and requirements a court officer has when performing an Order For Examination.

Would you like to assist me with the wording xris? (I'll start a thread for it)

I am glad to see that keys at least also questions what he hears and sees.

Every Bloody Time xris.

If you can't prove what you're saying to me, I don't know it to be correct, or I can't research it myself....... then I'm not inclined to believe it.

Too many people take the utterings of the establishment as gospel.


Keys