I'm trying to get my head around the procedure when a tenant overholds where a valid Notice of Termination has been served and not objected to.
The RTB says this;
Their rent is paid by the council (HAP/RAS) who will not pay rent if the tenant overholds.
Is the correct procedure to serve them with a notice of rent arrears and then serve a 28 day notice of termination or can you proceed directly to the RTB to get a determination/enforcement order?
The RTB says this;
https://onestopshop.rtb.ie/during-a-tenancy/overholdingOverholding
Overholding is when a tenant remains in a property after a valid notice of termination has expired.
A tenant is overholding where they continue to occupy the property on a date after the expiry of the notice period specified in a valid Notice of Termination served by the landlord. In such a situation the tenant must continue to pay rent to the landlord and receipt by the landlord of that rent does not imply recognition of an ongoing tenancy. Where a landlord, either verbally or in writing, withdraws a Notice of Termination, the tenancy will then continue
Regardless of the circumstances of a case, a tenant can only be ordered to vacate a rented dwelling on the expiration of a valid Notice of Termination
Their rent is paid by the council (HAP/RAS) who will not pay rent if the tenant overholds.
Is the correct procedure to serve them with a notice of rent arrears and then serve a 28 day notice of termination or can you proceed directly to the RTB to get a determination/enforcement order?