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Landlord wants to kick us out after signing a four year lease

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  • 28-01-2015 4:05am
    #1
    Dub.
    Registered Users Posts: 337 ✭✭


    Posting this for my wonderful neighbour.


    Landlord is kicking a family out of their home


    Hi, some advice appreciated. Signed a new four year RAS agreement with the landlord after the previous four year deal had run out. There has been damp in my kids room for a few months. The new four year RAS agreement however gave me a bit of confidence to deal with the problem, i thought, and i asked him to deal with the damp in the kids bedroom.

    Result? He has had some lad paint the wall with chemicals, though the damp has returned already. And now he has sent me an eviction notice, claiming he needs my home as his son wants to move in.

    I feel he is just punishing me and my kids for complaining about the damp.

    Can i appeal against this eviction? It seems so unfair after my family have made this place our home for so long.


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    #2
    TireeTerror
    Registered Users Posts: 2,271 ✭✭✭TireeTerror


    If the landlord requires the home to sell or for immediate family members he has the right to evict you.

    It is his house and if he wants it back, then you should be accepting of that. Look on the bright side, if its damp and he has not properly fixed it, then why would you want your children sleeping in a damp room? Get out and find somewhere even better!


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    #3
    DaraDali
    Registered Users Posts: 410 ✭✭DaraDali


    At least you don't have to move out for I think 112 days.


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    #4
    Calhoun
    Registered Users Posts: 7,447 ✭✭✭Calhoun


    TireeTerror wrote: »
    If the landlord requires the home to sell or for immediate family members he has the right to evict you.

    It is his house and if he wants it back, then you should be accepting of that. Look on the bright side, if its damp and he has not properly fixed it, then why would you want your children sleeping in a damp room? Get out and find somewhere even better!

    Contract law might disagree with you there, I am not sure what conditions are attached to the ras lease but if it's anything like a fixed term her cannot.

    Would advise you contact threshold for advice.


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    #5
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Op get onto the RAS coordinator in your local council and arrange a meeting to see what they might havenbavailable for your family! Do this asap!


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    #6
    Dub.
    Registered Users Posts: 337 ✭✭Dub.


    TireeTerror wrote: »
    If the landlord requires the home to sell or for immediate family members he has the right to evict you.

    It is his house and if he wants it back, then you should be accepting of that. Look on the bright side, if its damp and he has not properly fixed it, then why would you want your children sleeping in a damp room? Get out and find somewhere even better!

    This is my home. It is my house. Me and my kids have been living here for years.


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    #7
    Dub.
    Registered Users Posts: 337 ✭✭Dub.


    foggy_lad wrote: »
    Op get onto the RAS coordinator in your local council and arrange a meeting to see what they might havenbavailable for your family! Do this asap!

    They have told me to ignore the landlord as it will take at least a year for him to evict us.?


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    #8
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Dub. wrote: »
    This is my home. It is my house. Me and my kids have been living here foears.

    Its your home but its his house. Its a legitimate reason to want it back, maybe its genuine.still being told to ignore the landlord is foolish advice,to what extent do you intend to follow this?


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    #9
    Dub.
    Registered Users Posts: 337 ✭✭Dub.


    cerastes wrote: »
    Its your home but its his house. Its a legitimate reason to want it back, maybe its genuine.still being told to ignore the landlord is foolish advice,to what extent do you intend to follow this?

    You may have missed the point of the thread. I signed a four year RAS agreement with my landlord in December, in January i asked him to deal with the damp in my kids bedroom, a week later he has cancelled the four year agreement because he says his son needs to move into my kids home.

    Do you really think that sounds genuine?


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    #10
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Dub. wrote: »
    You may have missed the point of the thread. I signed a four year RAS agreement with my landlord in December, in January i asked him to deal with the damp in my kids bedroom, a week later he has cancelled the four year agreement because he says his son needs to move into my kids home.

    Do you really think that sounds genuine?
    It may be genuine,maybe he knows or doesn't think the problem will be resolved,wants to fix it but getting someone in to do it while a tenant is there may not be realistic? I don't know the circumstance of a RAS lease but getting back a property for your own use or a family member is a legitimate reason, its hard to dispute it unless you can prove afterwards that this did not occur or if the property was advertised, then you may have a case. From your situation I can see this isn't a convenient event to face, has there been any other problems?
    As for leases, normally first 6 months is when you can give someone notice anyway,regardless of any prior 4 years or more, having said that so it would seem unusual to sign a lease and then want to end it, maybe it is genuine and the damp thing is just a coincidence? Why don't you ask him?, unless there's conditions to that in RAS leases, but my understanding is each one is specific to the circumstance??
    I suggest you don't ignore the landlord,that will only confirm or create problems, in the least they can't force you out and you need time to find a replacement place,you may have a chip to bargain with.


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    #11
    Dub.
    Registered Users Posts: 337 ✭✭Dub.


    Can anyone tell me if i can appeal against this eviction? Both my kids have vitally important exams in May and this eviction is destroying whatever chances they have.


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    #12
    Dub.
    Registered Users Posts: 337 ✭✭Dub.


    cerastes wrote: »
    It may be genuine,maybe he knows or doesn't think the problem will be resolved,wants to fix it but getting someone in to do it while a tenant is there may not be realistic? I don't know the circumstance of a RAS lease but getting back a property for your own use or a family member is a legitimate reason, its hard to dispute it unless you can prove afterwards that this did not occur or if the property was advertised, then you may have a case. From your situation I can see this isn't a convenient event to face, has there been any other problems?
    As for leases, normally first 6 months is when you can give someone notice anyway,regardless of any prior 4 years or more, having said that so it would seem unusual to sign a lease and then want to end it, maybe it is genuine and the damp thing is just a coincidence? Why don't you ask him?, unless there's conditions to that in RAS leases, but my understanding is each one is specific to the circumstance??
    I suggest you don't ignore the landlord,that will only confirm or create problems, in the least they can't force you out and you need time to find a replacement place,you may have a chip to bargain with.

    Just to be clear, my family have been living here for seven years, and we signed a new four year tenancy agreement last December 2014 . We received the eviction order this January after i complained about the damp in my kids bedroom.


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    #13
    percy212
    Registered Users Posts: 1,077 ✭✭✭percy212


    Threshold gave you good advice. I would do what they say.


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    #14
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Dub. wrote: »
    Can anyone tell me if i can appeal against this eviction? Both my kids have vitally important exams in May and this eviction is destroying whatever chances they have.

    For a start,speak to your landlord,raise this with him,appeal (however unwilling or unhappy you think this might seem or feel about that) to his good nature, if that gets him to change his mind,good, if not don't burden your kids with any concern about it,or even mention it at this stage.don't do anything that might not make it possible to appeal to the landlords better nature.
    I suggest you check your lease conditions but I still think even with a RAS lease if they really want it back they can.
    He might be able to say his son is in the same situation, if he is insistent then look for places and keep a record of your searches, it might be possible to hold out till the exams are over or go as early as possible if there is a bargaining point in it for you,especially while there is goodwill.
    That may not exist if you stay on and it happens his son really does need the place, I'd appeal/speak to the landlord first before appealing anywhere else.


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    #15
    Dub.
    Registered Users Posts: 337 ✭✭Dub.


    percy212 wrote: »
    Threshold gave you good advice. I would do what they say.

    what advice have Threshold given me?

    The only advice i have received is from the people at RAS, and they are telling me to ignore the landlord.


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    #16
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    percy212 wrote: »
    Threshold gave you good advice. I would do what they say.

    They didn't advise him that,its bad advice anyway, he could hold out for his kids exams,but just being polite and civil while still maintaining contact, anything else will just get him bad will from the landlord and no bargaining power, appeal to the landlords better nature, if that doesn't work, just say youre looking but need to make sure the kids get their exams done, you may get something better anyway, maybe but I don't recommend ignoring anything or anyone. Eventually after that he may still expect the tenant to go or he may change his mind? But he probably won't forget if the tenant has been in anyway difficult.


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    #17
    zuber
    Registered Users Posts: 39 ✭zuber


    Dub. wrote: »
    Can anyone tell me if i can appeal against this eviction? Both my kids have vitally important exams in May and this eviction is destroying whatever chances they have.

    If the landlord legitimately requires the property for a family member- he is entitled to give you notice to quit.


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    #18
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    OP- If you are on the RAS scheme- the landlord is probably getting below market rent to begin with. If the landlord does have a family member who needs accommodation- and a property that is being let at below market value- and a tenant who after a number of years suddenly starts making demands pretty much immediately after signing a new tenancy- is the landlord being unfair? Most people in the landlord's position- would view it as- they are subsidising a tenant, the tenant may have been a good tenant- but as soon as they got a new lease- they started acting up. That the landlord has a family member- who also needs accommodation- is just the icing on the cake.

    If its at the end of a 4 year cycle, or provided for in RAS scheme terms- the landlord can end a tenancy without giving reason- if however a family member requires the property- they are entitled to serve requisite notice on the tenant, to vacate the tenancy.

    Totally aside from anything else- look at the issue the tenant is complaining about- severe damp has suddenly appeared in one of the bedrooms. At a very minimum- this sounds like an issue has arisen that needs to be investigated and remedied. It does not sound like a minor job that could be tackled without a team having full access to the property. It could be a problem with the roof, with plumbing, with the walls, with the windows- who knows. It may have caused trouble elsewhere- before manifesting itself in the bedroom- there could be other problems hidden from view- who knows.

    Who is to say how serious the problem is.

    The OP can dig in their heels and refuse to move- overstaying their notice- and allow the landlord initiate eviction proceedings against them. Personally- I'd rather leave on my own terms- than go through the court process and get turfed out legally.

    At this point- the OP needs to contact the council and advise that the RAS tenancy has been terminated and they require rehoming.


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    #19
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    When was the lease signed OP?


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    #20
    yankinlk
    Registered Users Posts: 2,731 ✭✭✭yankinlk


    Dub. wrote: »
    what advice have Threshold given me?

    The only advice i have received is from the people at RAS, and they are telling me to ignore the landlord.

    further evidence that no lanldlord should ever consider signing a RAS contract ever again.


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    #21
    yankinlk
    Registered Users Posts: 2,731 ✭✭✭yankinlk


    Dub. wrote: »
    This is my home. It is my house. Me and my kids have been living here for years.

    then why dont you spend some money and do up yer house.


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    #22
    maggiepip
    Registered Users Posts: 1,099 ✭✭✭maggiepip


    Dub. wrote: »
    what advice have Threshold given me?

    The only advice i have received is from the people at RAS, and they are telling me to ignore the landlord.

    Cant believe RAS dished out that advice, if its true its disgraceful.


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    #23
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    maggiepip wrote: »
    Cant believe RAS dished out that advice, if its true its disgraceful.

    Why is it disgraceful. If the OP has a fixed term lease the landlord cannot evict. Despite the incorrect information posted on this forum over and over and over again.


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    #24
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    OP, your neighbour needs to find the lease agreement and get professional advice. Without viewing the agreement, much of the advice you are getting is complete guesswork.

    There may be circumstances under which requiring the house for a family member is NOT valid reason for terminating a tenancy.


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    #25
    yankinlk
    Registered Users Posts: 2,731 ✭✭✭yankinlk


    maggiepip wrote: »
    Cant believe RAS dished out that advice, if its true its disgraceful.

    RAS is not run centrally. its done ad hoc ... at each CC office. the quality of info given is not uniform. the rules applied are different, how they pay and how much they pay is different. im not surprised, just like the amateur landlords out there and the reluctant landlords, the ras employees are making it up as they go along.


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    #26
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    drumswan wrote: »
    Why is it disgraceful. If the OP has a fixed term lease the landlord cannot evict. Despite the incorrect information posted on this forum over and over and over again.

    If you can use IF, then your post doesnt stand up on its own and is as likely Incorrect, OP needs to check their lease, see what it says.
    If it isnt fixed term then there is little they can do.


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    #27
    Riverireland
    Closed Accounts Posts: 833 ✭✭✭Riverireland


    Dub. wrote: »
    You may have missed the point of the thread. I signed a four year RAS agreement with my landlord in December, in January i asked him to deal with the damp in my kids bedroom, a week later he has cancelled the four year agreement because he says his son needs to move into my kids home.

    Do you really think that sounds genuine?


    I think you should fight this and I hope you get a good result. However, laws in Ireland are heavily Weighed in favour of the landlords. A private rented house probably shouldn't be looked at your children's home other than short to medium term. The only long term housing in this country you either buy or get from the council. Don't be fooled into thinking otherwise and the best of luck in this situation.


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    #28
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    http://www.citizensinformation.ie/en/housing/local_authority_and_social_housing/rental_accommodation_scheme.html

    Needing the property for a family member is not valid grounds for eviction under a fixed term lease. RAS tenancies are governed under the residential tenancies act 2004.


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    #29
    mada82
    Registered Users Posts: 577 ✭✭✭mada82


    It's not your house. It's the landlords house.


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    #30
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    cerastes wrote: »
    If you can use IF, then your post doesnt stand up on its own and is as likely Incorrect, OP needs to check their lease, see what it says.
    If it isnt fixed term then there is little they can do.

    Try reading the op.


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    #31
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    drumswan wrote: »
    http://www.citizensinformation.ie/en/housing/local_authority_and_social_housing/rental_accommodation_scheme.html

    Needing the property for a family member is not valid grounds for eviction under a fixed term lease. RAS tenancies are governed under the residential tenancies act 2004.

    We dont know that, you keep bringing it up though. Under the RTA 2004, a landlord can ask for the property back for sale or family or own use, the OP needs to check their lease, you harping on about a fixed term lease till its confirmed doesnt add anything.


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