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evictions

  • 07-11-2012 11:51am
    #1
    keiron.lewis
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi all,
    Can anyone tell me how long it would take a landlord or estate agent to apply to the courts for an eviction order? Would there be a court case where the tenant would attend . How long would it be untill the tenant is forcibly removed


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    It would go through the PRTB then the courts. This can take many months to even years.

    PRTB website should have some more specific info for you.


  • #3
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    As above you need to go to PRTB first before the courts will even entertain you. Also you must give proper notice of termination. Correct amount of time and done in a proper way. PRTB won't entertain you until that has been done. In some cases it has taken up to 3 years.

    If you decide to turf them out illegally, then the tenants can take you to court so keep in mind for when people tell you to just change locks or something.


  • #4
    keiron.lewis
    Registered Users, Registered Users 2 Posts: 3 ✭keiron.lewis


    The tenants lease is up and they say they cant leave for another 3 months as the house they want to move into wont be ready untill then but i have a buyer for my house and i really need these people out ? Is it worth going down the court side of things or better to just wait ?


  • #5
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    See advice above. Might as well wait. Have you exchanged yet? If the sale falls through for whatever reason, then you'll still have tenants and therefore rent.

    If contracts have been exchanged, then you may have to offer some kind of (financial?) incentive for the tenants to vacate sooner.


  • #6
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Start the process now. Look at what you need to do through the PRTB and have all the i's dotted and t's crossed.


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  • #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    keiron.lewis wrote: »
    The tenants lease is up and they say they cant leave for another 3 months as the house they want to move into wont be ready untill then but i have a buyer for my house and i really need these people out ? Is it worth going down the court side of things or better to just wait ?
    Was it a fixed term lease? When did the lease expiry?

    At the end of a fixed term lease, the tenant is entitled to remain in the property for a total of 4 years without signing any new lease.

    However, at the expiry of the fixed term lease, without signing any new lease, the tenancy becomes a Part 4 tenancy and so, a landlord is entitled to issue a Notice of Termination if he is selling his property. It MUST have specific information (a sample Notice with notes for completion is available on the PRTB website). The notice period depends on how long the tenant has been in occupation.

    A Notice of Termination if the owner is selling his property is not valid if there is a Fixed Term agreement in existence.


  • #8
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Go to PRTB and explain urgency regarding sale and fact that lease is up. They'll facilitate with a speedy hearing.

    You might then have to move to enforce any order in your favour. Again this can be done as a matter of urgency but you'll almost certainly want to instruct a solicitor to prepare the application.


  • #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    keiron.lewis wrote: »
    The tenants lease is up and they say they cant leave for another 3 months as the house they want to move into wont be ready untill then but i have a buyer for my house and i really need these people out ? Is it worth going down the court side of things or better to just wait ?

    My understanding is and I am assuming as lease is up (it was a 1 year lease) that the minimum notice period is 42 days, the tennant is looking for 90 days. So again my understanding is you have to give valid notice and allow 42 days notice, then go to PRTB to get order then Court to enforce order. Seems no matter how fast both are they won't beat the 48 days extra the tennant requires.


  • #10
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Well, there is always the chance that the tenant might vacate on being directed to do so following PRTB hearing.

    If they didn't, and a sale was about to collapse, I'd instruct a solicitor to move enforcement proceedings including relief pursuant to s. 124 of the Residential Tenancies Act 2004 and I'd be asking them to get it into court as an urgent interlocutory matter, which would have a reasonable prospect of being granted on application.

    In all events though the landlord must first go to the PRTB on foot of a valid notice to quit - no wriggle room there.


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