A company linked to landlord Marc Godart has lost an appeal over the validity of a notice terminating its tenancy of a Dublin property on grounds it was required for family use.
A Residential Tenancies Board (RTB) tribunal ruled a notice of termination served by landlord Ronan McLoughlin in May 2023 on Green Label Property Investments, requiring the tenant to vacate a premises at 116 Cork Street, Dublin 8, by November 14th, 2023, was valid.
In its ruling, delivered on November 22nd, 2023, and published last Friday, the tribunal said 28 days was a “reasonable period” from the date of its ruling to order vacant possession.
Green Label’s tenancy of the property began in March 2000, at a monthly rent of €4,500.
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At the hearing of Green Label’s appeal before the tribunal last November, Mr Godart raised issues about whether the notice of termination provided for the required notice of 180 days. His case included claims the notice was served by email and post but he received them on different dates.
Mr Godart said he had corresponded with the landlord and his agent who were responsive. They had done good work to date, he had no complaints about them, and he accepted the landlord required the property for his nephew, he said.
In his evidence, Mr O’Loughlin said he signed the required statutory declaration on May 12th, 2023, and delivered it to his agent’s office. That was the extent of his involvement in the matter, he said.
His agent, Igor Fleming, gave evidence the statutory declaration was posted on May 15th, 2023, to the tenant and said he emailed it on the same date as a courtesy to the tenant. He also emailed it to the RTB, as required by law.
Under cross-examination by Mr Godart, Mr Fleming said the date of service was May 17th and that was when it was delivered to the tenant. Mr Godart said he did not receive it for another week.
In closing statements, Mr Godart said he was seeking a determination to stay in the dwelling but would vacate if the tribunal so decided. His main point was he got the notice a week after it was dated, he said.
Mr O’Loughlin said he requires vacant possession for his nephew, the college year was half over and his nephew needed the property.
In its determination, the tribunal held the notice was valid. It said the date of service was May 15th, 2023, with a vacation date of November 14th, 2023, with the effect the landlord had allowed 182 days’ notice to vacate, in excess of the 180-day statutory notice period required for a tenancy lasting more than three years but fewer than seven years.
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