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LEGAL FORUM PLS-PERTINENT ACADEMIC/LEGAL DISCOURSE

  • 26-02-2013 9:05am
    #1
    SirBorbey
    Banned (with Prison Access) Posts: 58 ✭✭


    Have we got sound Law students/legal minds on TCD board pls?

    Certain pertinent issues urgently require seasoned legal/academic comments/ contributions.

    Note to MOD. I'm currently a Law student in Dublin. The scenarios below are reproduced as merely hypothetical situations. As such, all answers/comments would be supplied/ taken as hypothetical responses. There is therefore no issue of insurance/formal disclaimers.
    Note to kind potential commentators: As this is a legal forum, answers are kindly expected to be reasoned. Anecdotal speculations supplied in advance of empirical/judicial establishment would be discarded please. Legal authorities where available, as always, would greatly add to the strength of answers supplied. It would also separate the 'learned' from mediocre.

    Thank you.

    Query 1.
    In certain jurisdictions there is no formal requirement of a lease for a property below 3 years to be by deed. Please what is the position in Ireland? Would an informal document signed by a landlord- detailing certain terms and conditions of the letting, although signed primarily as a receipt for the payment of initial rent,- be sufficient to create a valid legal tenancy for the benefit of the resident? In extension is such a resident entitled to the various protections afforded by law to a tenant (i.e. under the relevant tenancy law and particularly for this purpose a right to exclusive possession and a formal notice to quit)?

    Query 2: For how many months does a tenant in Ireland not need to pay his/her rent for his tenancy to be taken as legally terminated/lapsed? (In certain Jurisdictions if a tenant fails to pay his rent for three months, the tenancy is taken to have legally terminated/lapsed. In such an instance, a landlord can summarily evict the tenant without the necessity of issuing a formal notice to quit).

    Query 3: In the event that a Landlord goes into a tenant lettings while the tenant is not around (without any notice/permission to/from the tenant) and before/without formally terminating the tenant's tenancy (so he can advertise the property for sale/re-let), can the tenant report such a case to the guards as burglary/ criminal trespass? What remedies, absent a formal civil court proceeding for trespass, are available to such a tenant?

    Query 4: Would answers to all of the above be any different if it were a Bank attempting to forcefully reposses a mortgaged house-i.e. where the landlord has defaulted in his mortgage payments? I.e can a Bank in such an instance forcefully evict the 'residents' (I have not used the words tenants- re question 1) of the house without giving them a formal notice to quit?


    Thank you.


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