Rights of Immediate Family Member Occupiers

Lame Lantern

Hi folks, I remember this forum was useful when I had a property issue of my own a while back, wondering if anybody might have some info to share here.

Leaving the specifics of the drama aside, my brother has had a major bust up with my parents and is currently living rent-free in an apartment owned by them in Cork City. I'm sort of running interference here so details are a little sketchy, but the future ain't what it used to be and EBS is looking to sell the apartment and may end up forcing the issue through the courts, via judgements etc.

I understand the 2004 act that offers security to tenants doesn't apply to immediate family members. Unfortunately it's all google is throwing out at me so I'm wondering if anybody could direct me to some place that lays out what rights he might have in this case? As in, can the building society knock the doors down in the morning and make off with the playstation I just lent him.

A few particulars: He's been there nearly 7 years, pays the utility bills himself, supposedly paid cash "rent" for a while in the early days, there's been no correspondence between the bank and my brother of any kind.

Any help would be terrific! I'm relocating permanently in a few months so I'm worried about... escalation in my absence.

StillWaters

The bank will not correspond with your brother, but with your parents. Is there a judgement on the apartment presently?
Have your parents entered into any agreement with the bank. It would be much better to do a deal with them, and sell it rather than have it reposessed.

Lame Lantern

I'm 90% certain EBS have taken judgements against the folks for debts relating to a number of different assets. I say I'm 90% certain because they won't tell me, but my looking around has led me to that conclusion. As I said, it's unnecessarily complicated.

I doubt there's any deal been done. I think this may end up going the route of bankruptcy tourism if I'm completely honest.

I assume to reframe my question a bit, I'm wondering if the folks hand over the keys/go bankrupt/are forced into bankruptcy through the courts, what recourse does my brother have? Will he need to be served notice to vacate or can they just put him out on the street?

If there's a deal to be done I could help him get the mortgage restructured and help him finance it or I could straight up help him find some place to live, but I'm really concerned he has no security at all where he is. I want to get him out of there but he doesn't want to go (because of pride I guess).

the_syco

Lame Lantern wrote: »

is currently living rent-free in an apartment owned by them

If the bank sells, he'll be told to leave, or may just get evicted; if he was a rent-paying person the new landlord may keep him on as some investors do, but if he's not paying rent, I can't see this happening.

ProudDUB

Your brother is living rent free in an apartment owned by his parents who he has fallen out with, and you want to know what his rights are & what security he has? Am I missing something here?

He is sponging off them, and if you assist him financially with somewhere else to live, he'll be sponging off you. Apologies if this comes across as being harsh, but is there a good reason (ill health, unemployment etc etc) whereby he is not able to organize and finance his own roof over his head?

fasttalkerchat

How would squatters rights apply after the property is sold?

Milk & Honey

He is not a squatter. He was allowed in with permission. He will find himself in the street very quickly once legal title to the property is transferred.

Lame Lantern

Thanks for the replies folks!

To clarify a couple of things: No, I'm not looking for squatters rights (does that even exist?) and yes, without going into particulars, there's a very good reason he's dependent on the family.

I guess it comes down to this:

1. Can I go abroad knowing that should the bank begin the process of selling the apartment that he would at least need to be served notice to vacate and not have the bailiffs rush in on him and put him out on the street?

2. Secondly, I need to make a decision whether or not to approach EBS with an offer or let sleeping dogs lie for as long as possible, since the apartment is really a drop in the ocean compared to the total debt my folks are working with and making any noise might get them to act faster against us.