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council repossessions

  • 06-07-2014 1:42pm
    #1
    Carina10
    Registered Users, Registered Users 2 Posts: 9 ✭


    Hi all, just wondering if someone could tell me if a housing authority is repossessing a house due to mortgage arrears on a shared ownership and the tenant does not contest it, why would it still have to go to court??? And how long does it usually take to finish in court? Thanks


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    There is a difference between not contesting something and actively allowing something. The law in Ireland does not, generally, work on the basis of qui tacet consentire videtur (silence denotes consent).

    Even if one party fully agrees to something it may still need to go to court.


  • #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Probably just for a rubber stamping exercise so the evictee can't come back later and say you didn't dot this i or cross that t, I'm suing you.


  • #4
    Carina10
    Registered Users, Registered Users 2 Posts: 9 ✭Carina10


    Bepolite wrote: »
    There is a difference between not contesting something and actively allowing something. The law in Ireland does not, generally, work on the basis of qui tacet consentire videtur (silence denotes consent).

    Even if one party fully agrees to something it may still need to go to court.

    Thanks for both your replies Bepolite and Ken...... Was just wondering as we are planning on buying from local authority and were told the house we are planning on buying is currently in the middle of being repossessed but the people are not contesting it so it should be pretty straightforward. .... but this was over 2 months ago and was also told it should have been finished in court a month ago at the very latest.....but its still going on in court and no one's telling us anything????


  • #5
    Carina10
    Registered Users, Registered Users 2 Posts: 9 ✭Carina10


    ken wrote: »
    Probably just for a rubber stamping exercise so the evictee can't come back later and say you didn't dot this i or cross that t, I'm suing you.

    Thanks Ken..... do you happen to know how long a case like this takes???? As it seems to be a long time waiting now.....


  • #6
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Have a look in the Accommodaition & prop forum http://www.boards.ie/vbulletin/forumdisplay.php?f=38
    From some of the threads in there on similar subjects I wouldn't be holding my breath. Some councils move so slow it seems they're stopped.


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    It can take a few months at least for those cases to reach a hearing date.

    The eviction is a formal process involving the county sheriff etc. There may be a backlog in that department.


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