I served a notice of termination in December 2021 on the grounds of personal use, I returned from abroad in the Summer of 2022 and require my property for my own dwelling.
The vacation date was the 1/7/2022 , the tenant did not leave and a case was taken with the RTB . The notice was found to be valid by the RTB and a determination order was made on 25th October 2022 for the tenanat to vacate the property within 14 days.
Is this Tenant protected by the winter eviction ban?
Based on the information provided, our understanding is that your tenant is not protected by the winter eviction ban, and your next step is to move to enforcement of the determination order.
Section 2(1)(b) of the Act provides that where “a determination order issued pursuant to section 121 of that Act in relation to the dispute specifies a termination date that falls during the winter emergency period, the termination date shall be deemed to be the deferred termination date”.
This rule does not cover ‘vacate dates’ in a determination order, where the original termination date fell prior to the winter emergency period and the adjudicator/tenancy tribunal finds that termination notice valid.
In your case the ‘vacate date’ was the 1/7/2022 and the adjudicator/tenancy tribunal found that termination notice valid. Even though the 14 days falls within the winter emergency period the tenant must still vacate.