2 houses & homeless

toffeefan87

Hi,

I split up with my wife and moved out of the family home over a year ago. I own an apartment and in In July of last year I gave the tenant notice of termination under the Residential Tenancies Act; as the owner I intend to live in it.

The apartment is let out under the RAS scheme. I have contacted the council in relation to rehousing the tenant but to date nothing has been done. I have also contacted the PRTB and they are not much help. I do not want to see the tenant stuck but I am now living out of my car and I am desperate to get this situation sorted so I can move on with my life.

Any advice would be greatly appreciated.

djimi

Is the RAS scheme not a long term fixed lease? Are you sure that you can regain possession of the property in this circumstance? Im not so sure that you can to be honest.

handlemaster

What does ras contract say ? With regular lease contract if you need the house for yourself or family member it over rides the contract. Its a very difficult position you are in.

spcw

Q: What if there is an unforeseen event and I need to terminate the RAS contract?A: While it is generally expected that the vast majority of landlords will adhere to the terms of the RAS contract agreement, a landlord can terminate a RAS contract during the contract period as per the circumstances and notice given that is outlined in the Residential Tenancies Act 2004.


http://www.lcc.ie/Housing/Rental+Accommodation+Scheme+%28RAS%29/RAS+FAQ+-+Landlords/


from limerick CC but probably the same everywhere

djimi

handlemaster wrote: »

With regular lease contract if you need the house for yourself or family member it over rides the contract.

Ive spoken with Threshold about this before and they actually advised the opposite; that a fixed term lease is just that, a fixed term, and the termination clauses in the part 4 tenancy do not apply while the fixed term is still in effect.

Mr McBoatface

djimi wrote: »

Ive spoken with Threshold about this before and they actually advised the opposite; that a fixed term lease is just that, a fixed term, and the termination clauses in the part 4 tenancy do not apply while the fixed term is still in effect.

According to the PRTB Part 4 does apply for - http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy.

What steps should the OP follow next - 6 Months notice is more than enough for the council and the tenant to arrange something.

djimi

jobyrne30 wrote: »

According to the PRTB Part 4 does apply for - http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy.

Further reason why Threshold shouldnt always be trusted I guess :rolleyes:

toffeefan87

hi and thanks to all for the replies. While it is a fixed term lease (4 years) I would have thought that the tenancies act would still be in effect. Tenant has been offered somewhere else but refused because it wasn't close enough to her kid's school. My ex renewed the lease in March - without telling me. Council agreed to this on the basis that certain conditions were met, i.e. remove mould from the bathroom ceiling and fit an escape plan to the door, supply proof of ownership and provide BER cert. I have not done all of these so I'm wondering to myself whether the contract is binding in the first place!

The contract has a similar clause as mentioned by spcw above.

Thnaks again.

Mrs OBumble

OP, if you're homeless, the council have an oligation to assist you. Go in and ask to register for council housing, that may help them to look harder at the case, especially if you make it clear that you will be stirring up publicity if they don't get it sorted.

Moonbeam

Can you not use the rental income to rent somewhere yourself?

Mr McBoatface

Moonbeam wrote: »

Can you not use the rental income to rent somewhere yourself?

Why should the OP do that ? Notice has been given, over six months and the tenant has seemingly refused the offer of a council house.

D3PO

add to that the OP's tax due on that rental income would mean that no he wouldn't be able to use that and rent somewhere else. best of luck OP hope you get it sorted soon.

foggy_lad

Op first thing you need to do is give notice to both your tenant AND to the council of your intention to terminate on the grounds of needing the property for yourself, you must give notice based on the time frames laid out in the residential tenancies act.

Once you give this notice you should just wait and maybe get in touch with the tenant to arrange to inspect the property and maybe see if they need any help moving, if you do nothing then the council will do the same and the tenant will never be relocated.

You treat it the same as a private letting even though it is a ras tenancy. So termination is done in the same way.

the_syco

toffeefan87 wrote: »

My ex renewed the lease in March - without telling me.

Does the ex co-own the property?

wench

jobyrne30 wrote: »

According to the PRTB Part 4 does apply for - http://www.prtb.ie/dispute-resolution/disputes/terminating-a-fixed-term-tenancy.

Your link backs up what djimi was told

A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations.
Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term.

Part 4 only applies insofar as it benefits the tenant.

djimi

wench wrote: »

Your link backs up what djimi was told

Youre right actually; I was reading the wrong part last night.

I take back what I said about Threshold so! :pac:

Mr McBoatface

djimi wrote: »

Youre right actually; I was reading the wrong part last night.

I take back what I said about Threshold so! :pac:

Don't be so quick It also states.....

TERMINATION
Part 4 Tenancies
A landlord may terminate a Part 4 tenancy, in accordance with the provisions of the Act, where any of the circumstances set out in Section 34 of the Act arise. For instance a landlord, may terminate a tenancy, in circumstances where he or she wants to live in the dwelling concerned.

I'd be in agreement with foggy_lad.

foggy_lad wrote: »

Op first thing you need to do is give notice to both your tenant AND to the council of your intention to terminate on the grounds of needing the property for yourself, you must give notice based on the time frames laid out in the residential tenancies act.

Once you give this notice you should just wait and maybe get in touch with the tenant to arrange to inspect the property and maybe see if they need any help moving, if you do nothing then the council will do the same and the tenant will never be relocated.

You treat it the same as a private letting even though it is a ras tenancy. So termination is done in the same way.

sawdoubters

http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

djimi

jobyrne30 wrote: »

Don't be so quick It also states.....

[/B]

I'd be in agreement with foggy_lad.

Youre looking at the wrong section. Under terminations - Fixed term lease it states that the termination clauses of the part 4 tenancy do not apply.

Mr McBoatface

djimi wrote: »

Youre looking at the wrong section. Under terminations - Fixed term lease it states that the termination clauses of the part 4 tenancy do not apply.

The entire page is dedicated to "TERMINATING A FIXED TERM TENANCY"

The_Conductor

Instead of bickering- if anyone has any valid, helpful information, that may assist the OP in regaining possession of his property- please post it here.

OP- 100% definitely go to the council concerned, outline that you are now living in your car, that you do own a property- but that they have not vacated the property. Advise them that you are going to call RTE, TV3, the BBC and whoever else might be interested (a BBC journalist was sniffing around here for stories that might include yours a while back- its very possible it might even make the international press).

It is quite a ridiculous situation that you're in- though having spoken about exactly this situation with the PRTB on behalf of a poster here 2 years ago- it would seem that you are far from unique in the situation you've found yourself in.

Go to the council offices. Park yourself there (literally) and advise them that you are going to have a media circus there- unless they resolve the issue. They are obliged to house you in any event, as you're officially homeless- despite the fact that you own the apartment.

It is a shocking, and ridiculous situation to be in.

On a separate note- was the renewal of the tenancy by your ex a malicious act on her part? You might very well have a civil case against her over this too.