A notice to terminate a tenancy issued by a landlord wishing to return from Australia has been deemed invalid as it did not comply with international law, alongside doubts over their intention to sell the property.
A Residential Tenancies Board 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, Dublin.
Her agent, Mark Conerney, claimed that Ms Sreedharan’s tenants, Violeta Raustyte and her mother Birute Armaliene, had been overholding since the termination date of April 7th, 2024.
At the time of issuing the notice of termination, Ms Sreedharan had secured a position at Tallaght University Hospital, she said, though this was “no longer available” to her.
She told the tribunal she “wished to return to Ireland”, though her current plans now depended on whether she secured a different position in Tallaght University Hospital.
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 “own problems”.
She added that she had a health condition and was “stressed by the whole situation”.
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.
While she accepted Ms Sreeharan’s right to terminate the tenancy, she had “not expected that it would only last one year”, she said.
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 “not easy”, given their circumstances.
Mr Conerney said he had sympathy for the tenants, but Ms Sreeharan was in a “difficult position”.
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 “correct procedure”.
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.
It said the absence of this “critical certification” rendered the statutory declaration “materially deficient” and deemed the notice of termination to be invalid.
Describing it as a “substantive omission”, the tribunal said such requirements are not “mere procedural formalities but essential safeguards for tenants”.
It further found the notice to be invalid over doubts as to Ms Sreeharan’s plans to sell the property, saying she was “less than certain” concerning her intention.
“The 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’s genuine intention to return to Ireland but a bona fide intention to sell the dwelling was not established,” it said.