23/03/2023
Some useful information for those served with termination notices.
Even if your landlord has given you a valid termination notice, he cannot evict you without making an application to the RTB for overholding. You are allowed to remain in the property while the case is going ahead. This can be for a number of weeks, or even longer. The RTB will only issue an order for you to leave the property if they find that the notice is valid and all required steps have been followed. There are lots of technical reasons why a notice may not be valid. The RTB adjudication process is confidential and there is no penalty for engaging in it.
If the RTB issue a decision after the first stage you have the right to appeal this to a Tribunal. This can take a further number of months to be completed. You are allowed to remain in the property while the case is being heard. Tribunal hearings are public hearings and your details can be published on the RTB website once a decision is made. However, it is also possible to reach a confidential settlement with your landlord at this stage. Again there is no penalty for engaging in the RTB process, but there is a fee to lodge an appeal.
If the RTB reaches a final determination in your case, you do have the right to appeal this on a point of law to the High Court. If you do not appeal, and if the landlord wants to enforce the order, he must apply to the District Court to do so. The District Court will usually confirm the order of the RTB, and can award the legal costs of the case against you, but the court should listen to you and fully consider your circumstances before making any order. It may be possible to persuade the court to issue a stay on any enforcement of the order. Enforcement of any District Court order should be done through the Sherriff’s office.
At any stage of the process if you decide to leave the property, you can ask the council for emergency accommodation. There is likely to be pressure on the availability of emergency accommodation in the months ahead and there is no guarantee of the standard of accommodation or where it will be located.
We encourage anyone facing eviction to contact CATU for support. Only by standing together and organizing do we stand a chance of stopping evictions.
The above is intended as general information and does not constitute legal advice.
