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Tenant eviction by Bank

  • 05-10-2015 11:02pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    Myself and my 10 year old daughter moved into rented house in Jan '15. In May I received solicitors letter stating that order for repossession had been granted in Oct '14. I signed a one year lease with property management agency and neither they nor the landlords let me know any court proceedings were in place. Bank now seeking to evict us from property.

    I've been in touch with Threshold who have contacted bank's solicitors on my behalf requesting that they allow me to pay them rent. The bank has refused stating they have no contract with me and again asking that I vacate the property.
    I've also opened a dispute with PRTB.

    Currently in final year of my degree program so all this is massively stressful.

    Can anyone offer advice? On the one hand I have people telling me to sit tight, that bank wont want bad press kicking single mum and kid out of home and it will take time for them to get us out. On the other I'm terrified sheriff will arrive and evict us. I realise this can't happen overnight but I'm losing sleep worrying about it. I have looked at several properties but landlords not accepting rent receipts ( I have good references etc and all properties I've viewed have been given to other tenants)...

    Can I buy more time? Rents have risen so high, rent cap doesn't cover increase and properties (2 beds) on rental market are pretty poor overall...

    Any advice appreciated


Comments

  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    No one can give you solid legal advice here or otherwise for two reasons.

    i) Legal advice isn't allowed on boards
    ii) There is no definitive answer on this - we're still waiting for a high/supreme court decision on this or a related matter. None is forthcoming as far as I'm aware although legislation is in the works apparently*.

    Threshold are going to be the best people to advise you. There is advice I'd love to give you but it breaks the charter here. Put it this way, I'd try and not lose sleep over an eviction. DONT pay rent to the LL but keep it in a separate account and DONT TOUCH IT - assuming the banks agents won't take it. If you do end up in court present a statement and basically explain your situation. Get on to FLAC and don't be afraid to seek injunctive relief if you need too.

    The Irish courts are very, very accesible. I've seen Supreme Court Judges directing all sorts of nutters standing up and saying they have business in that court who don't. They don't get thrown out, they don't get ridiculed, they get assisted as best they can be. Use the assistance of the agencies around you and if you have to go it alone as a lay litigant in one of the lower courts, they will bend over backwards to accommodate you (no pun intended).

    In the short term, try and relax. We dont all give out here on this forum for the craic, it's bloody difficult to evict people!


    *But shure it was much more important to get the 'equality' pointless crap through than actually clarify an area of law that's been hanging there since 1888, knobs.


  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    Op, whats with the multiple threads? Not koshur on Boards. Ask a mod to amalgamate the threads.


  • Registered Users, Registered Users 2 Posts: 8 Kittyoh


    Apologies, new to Boards, if I transgress it's unintentional


  • Registered Users, Registered Users 2 Posts: 8 Kittyoh


    Thanks MarkAnthony. New to Boards so didn't know not to request "solid legal advice"...I suppose I meant common sense advice backed by knowledge and/or experience ;)
    I'll edit post or get mod to do it


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Thread closed- as you have a thread open already in Legal Discussion.


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