Introduction of Remedial Notices

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Changes to the legislation effective from 4th June 2019 have introduced a remedial notice of termination. This has been introduced to aid landlords and tenants as they can now remedy the original notice served to fix the defect identified by the adjudicator or Tribunal by serving a new notice (the ‘remedial notice’).

Following the conclusion of a case with the RTB, if determined by the decision maker, a landlord or tenant shall be permitted to serve the remedial notice within 28 days of the issue of the Determination Order. Where the correct notice period was provided for in the originally served notice then a landlord or tenant can proceed to serve a 28-day remedial notice. Where an incorrect notice period was supplied within the original notice of termination a landlord or tenant must serve 28 days plus the number of days the original notice of termination was short within their remedial notice.

Example:

  • Landlord intends to serve a notice providing a tenant with 180 days’ notice.
  • The landlord serves the notice on 01/12/2018.
  • The date of service is the date the landlord last had the notice of termination in their control, e.g. the date they posted it or the date they handed it to the tenant.
  • The notice period starts from the date after the date of service - In this case 02/12/2018 
  • 02/12/2018 plus 180 days = 31/05/2019 
  • Landlord in this case sets the termination date as the 28/05/2019.
  • Tenant receives the notice and lodges a case with the RTB. Notice ruled invalid and Determination Order issued.  
  • Within 28 days of the issue of the Determination Order the Landlord is now entitled to serve a 28 day + the 3 days he was short = 31 days’ notice