Eviction costs

toffeehead

Does anyone know roughly the cost of getting a court to evict someone.
Only verbal agreement exists which was for 6 months but they are still there years later.

Giblet

Does the tenant have sole use of the property or are they subletting from you while you live there.
You won't be able to evict them due to them having Part 4 protection even with a verbal as you took rent from them, after 6 months they get Part 4 protection. You can only reclaim the property to use for yourself and send a notice of termination. If you intend to rent to someone else, you will find it very difficult to remove them unless they aren't paying rent anymore after which you can start the eviction process.

toffeehead

Giblet wrote: »

Does the tenant have sole use of the property or are they subletting from you while you live there.
You won't be able to evict them due to them having Part 4 protection even with a verbal as you took rent from them, after 6 months they get Part 4 protection. You can only reclaim the property to use for yourself and send a notice of termination. If you intend to rent to someone else, you will find it very difficult to remove them unless they aren't paying rent anymore after which you can start the eviction process.

Yes they have sole use.
No rent has been paid as they were allowed to move in as a favour.
I aim to sell the property.

They are actually asking me to pay them for what they spent on the house. I was not the owner when they moved in, I have inherited it.

the world wonders

toffeehead wrote: »

No rent has been paid as they were allowed to move in as a favour.
...
I was not the owner when they moved in

This situation seems to be quite different from your normal landlord-tenant dispute, if I were you I would consult a solicitor.

Graham

the world wonders wrote: »

This situation seems to be quite different from your normal landlord-tenant dispute, if I were you I would consult a solicitor.

and I'd do it quickly.

toffeehead

A solicitor is on the case but has not given me an indication of costs yet. I think the notice can be for 28 days as the intention is to sell but this will be ignored, i was just wondering about costs even roughly and time scales.
The same solicitor is dealing with the probate side of things and this seems to be priority at the moment which is fair enough.

At this stage I don't know if it will cost 5k or 50k, take 2 months or 2 years!

The solicitor has confirmed they are not entitled to a penny.

the world wonders

toffeehead wrote: »

At this stage I don't know if it will cost 5k or 50k, take 2 months or 2 years!

How long is a piece of string? They might move quietly tomorrow, or they might do a Gorse Hill on it and appeal all the way to the Supreme Court while the New Land League pickets your home.

toffeehead

I was wondering if there was a set fee to pay the court initially. I realise it could drag on and be charged by the hour.
Assuming they didnt move out tomorrow, court appliction made, how long for a court to decide? if they issue an order to get out, how much notice does the court give? If it is a straightforward eviction notice, and the time period expires, can I then hire bailiffs because they ignored the court order?

hfallada

toffeehead wrote: »

I was wondering if there was a set fee to pay the court initially. I realise it could drag on and be charged by the hour.
Assuming they didnt move out tomorrow, court appliction made, how long for a court to decide? if they issue an order to get out, how much notice does the court give? If it is a straightforward eviction notice, and the time period expires, can I then hire bailiffs because they ignored the court order?

AFAIK the courts can't evict someone. That has to be done by the PRTB and that can take a really time.

The_Morrigan

Is this even within the remit of the PRTB?
According to the OP there is no rent changing hands and there never was, these occupiers aren't tenants. At this point I'd be more concerned with adverse possession.

toffeehead

I understand that adverse possession can only be applied for if occupancy goes un-contested for 12 years.
Also ownership has changed so maybe the 12 years restarts.
they have been there almost 8 years

Kristopherus

toffeehead wrote: »

I understand that adverse possession can only be applied for if occupancy goes un-contested for 12 years.
Also ownership has changed so maybe the 12 years restarts.
they have been there almost 8 years

Did they ever p[ay anything? In any case I'd be setting a fire under the solicitor to get him/her to get a letter out to the occupiers by next Tuesday at latest. Assume nothing where adverse possession is a possibility. The solrs letter need not necessarily be notice, but could be a "holding" letter to get rid of the possibility of adverse possession. I cannot stress stongly enough that time is of the essence in this case imho.

toffeehead

The solicitor has already sent 2 letters stating the new owner wants vacant possession.
No they have never paid anything, the verbal agreement was for 6 months rent free to help them out.

When asked to move out a few years ago they wanted reimbursment for what they said they spent doing the place up. No receipts ever been produced and the figure seems greatly exaggerated.

Also there was never any agreement to repay them for anything spent and no consultation was ever forthcoming for any works they did.

It was recommended to me some time ago to raise an objection in the public domain so I created a facebook page, the purpose being to hinder adverse possession.

Mrs OBumble

I'd forget the legal eviction route, its going to be a nightmare if they aren't actually tenants.

Start looking for a way to pay them to leave. It will be quicker and simpler. Start by finding out what they're looking for.

MouseTail

That's the route I would go too. Will probably work out the cheapest and least hassle. Can you even start eviction process before probate is complete?

toffeehead

notice can be sent before probate is complete. Not sure about actual court side of things.

I know what they are looking for. They have come out and demanded it quite blatantly.
They say it's what they spent on the place but no allowance for no rent for years.
The equivalent rent is more than what they are asking for so they are not out if pocket. There is also no way that they have spent any where near what they say they have.

murphaph

Yeah it's crap but I suspect their price is still significantly lower than the barrister you'll be paying if you go the legal route.

Try to find out what it would take to make them leave of their own accord. Work from there. You cab always bargain with them, sickening as it is that free rent all these years wasn't enough for them.

Geniass

Who agreed to let them live there 5 years for free before you wanted them out? Is there a possibility the will can be contested?

Mongfinder General

Verbal agreement = **** them out on the street. There is no proof that they were ever allowed move in there in the first place.

toffeehead

murphaph wrote: »

Yeah it's crap but I suspect their price is still significantly lower than the barrister you'll be paying if you go the legal route.

Try to find out what it would take to make them leave of their own accord. Work from there. You cab always bargain with them, sickening as it is that free rent all these years wasn't enough for them.

They want 80k, had at least 90k in rent free living. I have tried to negotiate but steadfast on the 80k.

Really don't see why I should pay them anything and should be able to Bill them for the cost of eviction.

housetypeb

Who gave them permission to make material changes to a house they didn't own?

Geniass

housetypeb wrote: »

Who gave them permission to make material changes to a house they didn't own?

This thread has the hallmarks of a one sided story.

toffeehead

The occupants are my step brother and his family. There is no will to contest. The house was jointly owned by our father and my mother, my father died first leaving house to my mother who never made a will. Legally he has no right of inheritance. That being said it would have been shared had he not demanded all that money and refused to leave when asked.
Myself and my sister agreed for them to move in for 6 months. Even though at the time we didn't own it but the owners were too ill to give consent. We just thought it was the right thing to do at the time.

I think turfing them out physically would be illegal however tempting. I have heard of giving them notice of refurb and then the Gardai have to escort them out.

No body gave them permission to change anything, it is just a 3 bed ex corpo house, nothing special but they knocked down exterior walls, slabbed over the grass back and front, pebble dashed the walls etc.
I don't dispute they spent money on the place but it was no where near 80k, it was without consultation, without agreement of repayment and is still less than they would have paid in rent.

toffeehead

Geniass wrote: »

This thread has the hallmarks of a one sided story.

It is one sided - my side - but 100% fact nonetheless.

There side would be they were allowed to move in, they spent money on doing it up and QUOTE "I assumed we would be reimbursed" UNQUOTE

Tigger

toffeehead wrote: »

The occupants are my step brother and his family. There is no will to contest. The house was jointly owned by our father and my mother, my father died first leaving house to my mother who never made a will. Legally he has no right of inheritance. That being said it would have been shared had he not demanded all that money and refused to leave when asked.
Myself and my sister agreed for them to move in for 6 months. Even though at the time we didn't own it but the owners were too ill to give consent. We just thought it was the right thing to do at the time.

I think turfing them out physically would be illegal however tempting. I have heard of giving them notice of refurb and then the Gardai have to escort them out.

No body gave them permission to change anything, it is just a 3 bed ex corpo house, nothing special but they knocked down exterior walls, slabbed over the grass back and front, pebble dashed the walls etc.
I don't dispute they spent money on the place but it was no where near 80k, it was without consultation, without agreement of repayment and is still less than they would have paid in rent.

if its "our father and my mother" then he is your half brother no?

handlemaster

let this be a lesson to all never hand over or give consent to such an arrangement it will end up in tears

The_Morrigan

ok toffeehead, the remit of this forum is limited with regards advice here.

This is not something that will be resolved easily, and you will have to submit to the advice of the legal counsel you have engaged. This isn't about tenancy rights, it's going to centre on the succession act and trespass.

Please consult your solr and if needs be get a second opinion for another solr not involved in the probate.

Good luck.