{"id":287433,"date":"2026-01-16T11:20:08","date_gmt":"2026-01-16T11:20:08","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/287433\/"},"modified":"2026-01-16T11:20:08","modified_gmt":"2026-01-16T11:20:08","slug":"tenancy-termination-notice-from-landlord-wishing-to-return-from-australia-deemed-invalid-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/287433\/","title":{"rendered":"Tenancy termination notice from landlord wishing to return from Australia deemed invalid \u2013 The Irish Times"},"content":{"rendered":"

A notice to terminate a tenancy issued by a landlord wishing to return from Australia<\/a> has been deemed invalid as it did not comply with international law, alongside doubts over their intention to sell the property.<\/p>\n

A Residential Tenancies Board<\/a> tribunal heard that Thara Sreedharan issued a notice of termination through her agent in October 2024 while living in Sydney on the basis that she intended to sell the property in Tallaght<\/a>, Dublin.<\/p>\n

Her agent, Mark Conerney, claimed that Ms Sreedharan\u2019s tenants, Violeta Raustyte and her mother Birute Armaliene, had been overholding since the termination date of April 7th, 2024.<\/p>\n

At the time of issuing the notice of termination, Ms Sreedharan had secured a position at Tallaght University Hospital<\/a>, she said, though this was \u201cno longer available\u201d to her.<\/p>\n

She told the tribunal she \u201cwished to return to Ireland\u201d, though her current plans now depended on whether she secured a different position in Tallaght University Hospital.<\/p>\n

Ms Sreedharan said she was paying rent for a property in Australia while also paying management fees and tax in Ireland, and wanted possession of the house, noting that she had her \u201cown problems\u201d.<\/p>\n

She added that she had a health condition and was \u201cstressed by the whole situation\u201d.<\/p>\n

Ms Raustyte said she and Ms Armaliene commenced their tenancy about 11 months before receiving the notice, telling the tribunal they had carried out work on the house and garden as they expected to live there long term.<\/p>\n

While she accepted Ms Sreeharan\u2019s right to terminate the tenancy, she had \u201cnot expected that it would only last one year\u201d, she said.<\/p>\n

She added that her mother is the full-time carer of her 88-year-old grandfather, who is blind, and while they were trying to source alternative accommodation, she said it was \u201cnot easy\u201d, given their circumstances.<\/p>\n

[\u00a0Couple who left rented home due to cost of rent and childcare ordered to pay \u20ac3,400 for not giving proper noticeOpens in new window<\/a>\u00a0]<\/p>\n

Mr Conerney said he had sympathy for the tenants, but Ms Sreeharan was in a \u201cdifficult position\u201d.<\/p>\n

During questioning from the tribunal, the tenants said they were not questioning the correctness of the notice, while Mr Conerney believed he had adopted the \u201ccorrect procedure\u201d.<\/p>\n

Noting that the statutory declaration accompanying the notice of termination was made in Sydney, the tribunal said it did not bear the necessary certification as required under international law.<\/p>\n

It said the absence of this \u201ccritical certification\u201d rendered the statutory declaration \u201cmaterially deficient\u201d and deemed the notice of termination to be invalid.<\/p>\n

Describing it as a \u201csubstantive omission\u201d, the tribunal said such requirements are not \u201cmere procedural formalities but essential safeguards for tenants\u201d.<\/p>\n

It further found the notice to be invalid over doubts as to Ms Sreeharan\u2019s plans to sell the property, saying she was \u201cless than certain\u201d concerning her intention.<\/p>\n

\u201cThe landlord appeared to say that she might return to live in the dwelling herself, rather than selling it. The tribunal does not doubt the landlord\u2019s genuine intention to return to Ireland but a bona fide intention to sell the dwelling was not established,\u201d it said.<\/p>\n","protected":false},"excerpt":{"rendered":"A notice to terminate a tenancy issued by a landlord wishing to return from Australia has been deemed…\n","protected":false},"author":2,"featured_media":287434,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[73],"tags":[1128,79,18,19,17,41275,41035,87598],"class_list":{"0":"post-287433","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-business","8":"tag-australia","9":"tag-business","10":"tag-eire","11":"tag-ie","12":"tag-ireland","13":"tag-residential-tenancies-board-prtb","14":"tag-tallaght","15":"tag-tallaght-university-hospital"},"share_on_mastodon":{"url":"","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/287433","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=287433"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/287433\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/287434"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=287433"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=287433"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=287433"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}