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Notice of appeal from Residential Tenancies Board was issued outside time limit
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High Court dismisses a statutory appeal from a decision of the Residential Tenancies Board, determining that, at the time of the issue of a notice of termination, the landlord had a bona fide intention to sell the premises in question even though he did not actually sell it, on the grounds that: (a) the tenant's notice of appeal had been issued outside the statutory 21-day time limit and there were no grounds to extend time; and (b) even if the appeal had been properly filed, the tenant had failed to identify any error of law on the part of the tribunal.
Residential tenancies - statutory appeal - notice of termination - stated wish of landlord to sell property - failure of landlord to sell property - adjudication hearing - award of €3,000 to evicted tenant - s. 56(3)(a) of the Residential Tenancies Act 2004 - hearing of tenancy tribunal - determination that landlord not in breach - determination that landlord had a bona fide intention at time of notice to sell property - change in circumstances - retention by landlord of security deposit - preliminary objection - whether appeal was out of time - whether Tribunal had erred.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
