Hi! Everyone,
Thanks for your replies. I have just found out a very n.b. piece of info. for all you landlords who may be facing the same situation as myself. Apparently my notice of termination is not valid, according to PRTB, even though I actually gave three weeks more than the required notice period, and I stated two reasons for the termination of tenancy. However, I omitted to notify the tenants in my Notice of Termination that they could apply for 'relief' in Part V of the Tenancy Act, i.e. that they could apply to the PRTB to waive the Notice of Termination and continue with the tenancy. Apparently, I should have stated in my Notice of Termiantion that they had twenty-eight days to apply to the PRTB for this relief. It truly is a minefield. I have had to send out another Notice of Termination, informing them of their rights, which now brings the termination date to 21st Jan. My builder was supposed to start the previous week. I still don't know if they will leave on that date. However, apparently if they don't apply to the PRTB for 'relief' then they haven't a leg to stand on, so to speak, in regard to legitimately remaining in the property. However, the PRTB has told me that it could take ten weeks to get them out of the property after the termination date as this is their backlog time. However, if my architect rights a report stating that delay will result in damage to the dwelling, then they would move my case up the backlog list.
Yesterday, I went to visit the property with my architect to assess the drainage problem in the back yard. I had notified the tenants that I was arriving, and asked them to notify me if the time was not suitable. When I arrived no one was there, and we couldn't get in. The PRTB said that I should seek their permission to gain access, but if they didn't let me in then they were not complying with their obligations, and I could give them a 28 day notice. I am not sure whether not allowing me in to the garden area would constitute to assess damage would be a breach of obligations. I will have to contact PRTB again. A minefield!!!