28 day eviction please help

G.Murphy

Hey guys just wondering could someone offer advice on this please.

The rent of our council house is in my mothers name, my two brothers, sister and myself where handing up rent but my mother was not paying the rent, obviously we had no idea this was going on.

My mother was taking into hospital last week after a break down and is now in the physiological ward.

We got a letter in the door today stating that we had 28 days before eviction and also a statement to show payments every week.

My two brothers, sister and I are now 28 days away from being homeless.

Is there anyone out there that could please offer some advice as we don't know what to do.

There was 170e a week being handed up between the four of us but not 1 cent was going on rent.

G.Murphy

Also should have mentioned that this is not the 1st time my mother has had a break down and went into hospital. I THINK she had made a deal with the council last year with a social worker there but I am not 100% sure on this as we where always kept in the dark about these things.

ABajaninCork

I'd get on to the council first thing, and explain that your mother's been hospitalised and that you'll be dealing with the matter on her behalf. I take it the tenancy's in her name?

Does your mother have a mental health social worker? I'd also be getting in touch with them to see if they could intercede with the council on your mother's behalf.

G.Murphy

ABajaninCork wrote: »

I'd get on to the council first thing, and explain that your mother's been hospitalised and that you'll be dealing with the matter on her behalf. I take it the tenancy's in her name?

Does your mother have a mental health social worker? I'd also be getting in touch with them to see if they could intercede with the council on your mother's behalf.

Sorry, Yes the tenancy is in her name. Because of the state that my mother is in is the contract not void due to her not being mentally healthy ( capacity of contract )

My mother kept us in the dark about everything, but I think there was a mental health social worker there when my mother was signing the contract.

She has also being to pieta house due to her depression, she was also receiving disabilities due to her depression.

The oldest out of us is 24 so we don't know what is happening at the moment

nuac

1. Rent seems high unless other family are living with her and are earning. If she is living alone and on OAP rent should be much reduced.

2. Surprised that counci issued notice to quit in the circumstances outlined.

3 Set out the position in writing to the council, ask for a meeting to discuss, and to confirm all action will be stayed until after that meeting. At the meeting offer to pay the current ( hopefuilly reduced ) rent, and something off the arrears ( again hopefully recalculated )

4 Meanwhile if the council call to demand possession on the expiry of the notice to quit, refuse.

5 Council will then have to issue proceedings to enforce the N to Q. Usually by District Court summons. Unless the house is actually abandoned they cannot just change the locks..

6. If proceedings do issue write to council stating that your mother relies on all her rights under the Housing Acts and under the European COnvention on Human Rights.

7. At same time ask council for all relevant documentat including
tenancy agreement and any amendments thereto
full rent account including any reviews and reassments
Copies of Managers Order authorising service of the N to Quit and of the proceedings
Copies of all documents and reports referrred to in the N to Quit
Copies of all internal council reports re tenancy - social workers, maintenance etc.

8 If the council do proceed to evict and issue proceedings, see a solicitor who works in that District court.

9 The Councils have extensive powers in these cases under the Housing Acts, but challenges to HA powers under the ECHR have been mainly successful.

Good luck

Arbiter of Good Taste

Sorry to hear your troubles. It's very young to have to deal with this. When I was in my 20s I shared with a girl who was hospitalised as a manic depressive. This person was not related to me and was not my responsibility but it was remarkably stressful nevertheless. My heart goes out to you.

Get on to the council and see what can be done. Definitely get the mental health social worker involved.

Good luck.

G.Murphy

nuac wrote: »

1. Rent seems high unless other family are living with her and are earning.

2. Surprised that counci issued notice to quit in the circumstances outlined.

I'm currently unemployed, lost my job after xmas (contract finished up), brother and sister are working and my other brother has his leaving cert in a few months time. We would just hand up 50e "rent" each (20e from me) and figured that the rent was being taken care off.

Really lost on this, praying it can be sorted out some how considering the circumstances.

G.Murphy

Arbiter of Good Taste wrote: »

Sorry to hear your troubles. It's very young to have to deal with this. When I was in my 20s I shared with a girl who was hospitalised as a manic depressive. This person was not related to me and was not my responsibility but it was remarkably stressful nevertheless. My heart goes out to you.

Get on to the council and see what can be done. Definitely get the mental health social worker involved.

Good luck.

Thank you, it's being the most stressful few days of our lives and then to get a letter today stating rent was not paid and that we could be homeless after 28 days has put so much pressure on all of us.

I am just hoping that because she has not being mentally stable since the last 2 years I am hoping that may help us......

ABajaninCork

So what are you planning to do?

G.Murphy

ABajaninCork wrote: »

So what are you planning to do?

I really don't know.

Maybe head to the council and explain the situation? Where willing to take over payments and also extra to help clear off the debt.

Also head down to sinn feinn and see if they could offer advice?

Pro Hoc Vice

G.Murphy wrote: »

I really don't know.

Maybe head to the council and explain the situation? Where willing to take over payments and also extra to help clear off the debt.

Also head down to sinn feinn and see if they could offer advice?

Are Sinn Fein qualified lawyers (they may have some working in local office), you can go to Free Legal Advice Centre, http://www.flac.ie and or Free Legal Aid http://www.legalaidboard.ie and Threshold http://www.threshold.ie

Are any of the children on the tenancy, the Tenant should get a leaflet every year asking for names of each family member resident and their income, has that been done.

If none of the above can help go to a local solicitor who is used to dealing with the Council. He may be able to negotiate with the Council to get this matter sorted.

The council may find that any court,(asked to evict a ill mother and her children when the children have offered to sort the problem in a fair and reasonable manner) would have little sympathy for the council.

Pro Hoc Vice

G.Murphy wrote: »

Thank you, it's being the most stressful few days of our lives and then to get a letter today stating rent was not paid and that we could be homeless after 28 days has put so much pressure on all of us.

I am just hoping that because she has not being mentally stable since the last 2 years I am hoping that may help us......

Is your youngest brother under 18? The youngest may be officially on the tenancy, this may be important. Also as the family home is at risk he and maybe the rest of you may be entitled to Legal Aid. Check out all avenues and try to sort out the arrears, can I ask how much is owed.

G.Murphy

infosys wrote: »

Is your youngest brother under 18?

No he just turned 19 in October

Pro Hoc Vice

G.Murphy wrote: »

No he just turned 19 in October

Is he still on the tenancy.

G.Murphy

infosys wrote: »

Are Sinn Fein qualified lawyers (they may have some working in local office), you can go to Free Legal Advice Centre, http://www.flac.ie and or Free Legal Aid http://www.legalaidboard.ie and Threshold http://www.threshold.ie

Are any of the children on the tenancy, the Tenant should get a leaflet every year asking for names of each family member resident and their income, has that been done.

If none of the above can help go to a local solicitor who is used to dealing with the Council. He may be able to negotiate with the Council to get this matter sorted.

The council may find that any court,(asked to evict a ill mother and her children when the children have offered to sort the problem in a fair and reasonable manner) would have little sympathy for the council.

Yes as far as I know we are all on the tenant. again though unfortunately we are kept in the dark by our mother, any of her letters to do with the council etc are taking by her and never opened on front of us

G.Murphy

infosys wrote: »

Is he still on the tenancy.

Last year when I had to get information off of them to 1st sign onto the welfare they just showed me a list of names on the rent.

Pro Hoc Vice

G.Murphy wrote: »

Last year when I had to get information off of them to 1st sign onto the welfare they just showed me a list of names on the rent.

So are ye all named to the council all living in the house.

G.Murphy

infosys wrote: »

Are Sinn Fein qualified lawyers (they may have some working in local office), you can go to Free Legal Advice Centre, http://www.flac.ie and or Free Legal Aid http://www.legalaidboard.ie and Threshold http://www.threshold.ie

Are any of the children on the tenancy, the Tenant should get a leaflet every year asking for names of each family member resident and their income, has that been done.

If none of the above can help go to a local solicitor who is used to dealing with the Council. He may be able to negotiate with the Council to get this matter sorted.

The council may find that any court,(asked to evict a ill mother and her children when the children have offered to sort the problem in a fair and reasonable manner) would have little sympathy for the council.

Thanks for the links.

I hope they see it this way, although by the looks of it my mother will not be out of hospital for some time...

G.Murphy

infosys wrote: »

So are ye all named to the council all living in the house.

Yes they are

Pro Hoc Vice

G.Murphy wrote: »

Thanks for the links.

I hope they see it this way, although by the looks of it my mother will not be out of hospital for some time...

It must be a very stressful time for ye all with a ill mother and this about the house. But the house situation is solvable once ye approach it correctly. If ye can agree with council to take the rent every week plus a portion of the arrears do so straight away, buts its vital to stick to any agreement.

Pro Hoc Vice

G.Murphy wrote: »

Yes they are

That's good news. Now its a matter of doing a deal, also the rent needs to be reassessed as your mothers income is more than likely no longer available, if it is not available then ask the council to recalculate rent.

G.Murphy

infosys wrote: »

It must be a very stressful time for ye all with a ill mother and this about the house. But the house situation is solvable once ye approach it correctly. If ye can agree with council to take the rent every week plus a portion of the arrears do so straight away, buts its vital to stick to any agreement.

I hope so but the letter was on behalf of the council from there solicitor so I am hoping it is not to late.

I think my mother may have made several deals with them but never kept them so I am hoping this will not effect it.....

G.Murphy

infosys wrote: »

That's good news. Now its a matter of doing a deal, also the rent needs to be reassessed as your mothers income is more than likely no longer available, if it is not available then ask the council to recalculate rent.

But because my mother owed them money I thought they would not do a deal with me?

Pro Hoc Vice

G.Murphy wrote: »

I hope so but the letter was on behalf of the council from there solicitor so I am hoping it is not to late.

I think my mother may have made several deals with them but never kept them so I am hoping this will not effect it.....

As long as it's not gone to court its not to late (even in court its not too late, you really need proper advice tomorrow, and a plan to get out of this problem.

Pro Hoc Vice

G.Murphy wrote: »

But because my mother owed them money I thought they would not do a deal with me?

Ye are all tenants, your mother is in no fit position to deal with this matter, have you got a letter from the GP setting out the situation, or does your mother have a social worker who can verify to the council.

G.Murphy

infosys wrote: »

As long as it's not gone to court its not to late, you really need proper advice tomorrow, and a plan to get out of this problem.

My older bro has a meeting with a counsellor tomorrow morning about the situation

Pro Hoc Vice

G.Murphy wrote: »

My older bro has a meeting with a counsellor tomorrow morning about the situation

You really need a lawyer, while politician may be able to help its a solicitor who can properly advise you. If the Council agrees to a deal fine if not ye need a lawyer.

G.Murphy

infosys wrote: »

Ye are all tenants, your mother is in no fit position to deal with this matter, have you got a letter from the GP setting out the situation, or does your mother have a social worker who can verify to the council.

No letters. She was seeing a social worker in pieta house? maybe I should get in touch with them.

My mother was receiving payment from disabilities due to her depression so that and the social worker are the only "proof" we have that we are not lying to the council (also she is still in hospital)

G.Murphy

infosys wrote: »

You really need a lawyer, while politician may be able to help its a solicitor who can properly advise you. If the Council agrees to a deal fine if not ye need a lawyer.

Sorry was meant to say solicitor

Pro Hoc Vice

G.Murphy wrote: »

Sorry was meant to say solicitor

Hopefully he will be able to put your mind at ease. Best of luck that this will be sorted sooner rather than later.

G.Murphy

infosys wrote: »

Hopefully he will be able to put your mind at ease. Best of luck that this will be sorted sooner rather than later.

Thank you so much for the replies

cram1971

Sorry op hope this works out for you and I think by you guys taking over the home finances you might help relieve some of the pressure your mother is experiencing. It might also be worth talking to St Vincent De Paul.

G.Murphy

cram1971 wrote: »

Sorry op hope this works out for you and I think by you guys taking over the home finances you might help relieve some of the pressure your mother is experiencing. It might also be worth talking to St Vincent De Paul.

Thanks very much, fingers crossed they allow me to take over the house and make the payments.

Goldenquick

The very best of luck to you all in such a stressful situation. I am glad your mother is receiving the help she needs also.