When serving a Notice of Termination on a tenancy, Clann will act in line with policies and procedures. If a tenant does not vacate the home in line with the Notice of Termination, Clann must then engage with the Residential Tenancies Board and in some cases the District Court for enforcement. In exceptional cases, evictions can take place within 7 days, however the process can be much lengthier and take years to enforce.
The below outlines a general step by step guide of what serving a Notice of Termination may entail:
Notice of Termination is Issued (Notice period of 7 days or 28 days depending on severity of incident)
Tenant vacates and Clann secure the property
If the tenant does not vacate, Clann will try to engage with the tenant and encourage them to vacate.
Clann will also raise a case with the Residential Tenancies Board for Overholding.
The RTB will confirm a date for Adjudication.
This could take up to 6 months.
Clann will continue to try and engage with the tenant and encourage them to vacate.
RTB Hearing is conducted, and the Adjudicator will serve a Determination Order.
This may take up to 2 months.
Both parties will have 10 working days to appeal the decision. If the decision is appealed, the Tribunal will determine if the appeal is accepted. If accepted, a Hearing date will be issued to both parties.
This may take up to 2 months.
The Tribunal will issue a Determination Order advising that the Notice of Termination is valid or invalid.
This may take up to 2 months.
The Determination Order will note a date in which the tenants need to vacate by.
If the tenants do not vacate, Clann will seek to enforce the Determination order and the case will be brought to the District Court.
This may take months.
Once heard at the District Court, a Court Order will be issued for the tenant giving a date that the tenant must vacate by.
If the tenant does not vacate by this date, Clann will seek assistance from the Sheriff. The Sheriff will then complete the eviction.
This may take up to 1 year.