Being evicted what to do???

sac2020

Hi , need urgent advice pls
I was supposed to vacate my property after staying there for an year and 3 months . Got 3 months email extension after 1 year lease expired. Was supposed to love out on Monday b
ut due to some issues with my new rental place at last minute , I cannot move in there. Not anybody's fault here but me and my family are suffering . The agent tells me that I can't overstay and he can file a case against me in prtb and can claim damages. Am willing to pay any rent to him for the extended period while am looking out. But he is saying that he will charge me for the new tenants hotel stay plus the repair work they were planning to do on the house as they already committed dates to the repairman while he is saying worth around 2k loss to him.
My question is can he do that

Am ready to pay rent
Ready to move out asap but it takes a week at a min to find a place and move out. Plus have a 1 yr old boy who just started going crèche couple of months back . Huge inconvenience for us if we move out in temp accomodation with all our stuff and family
But agent is adamant that I have 2 days else he will be charging me if damages as above which Is worth 2k

Looking for some urgent advice

ted1

have you friends or family you can stay with?

MarkR

Contact PRTB yourself directly by phone. Don't worry too much. I've been hearing landlords complaining for years they can do nothing about people not paying rent. Can't be that big a deal to stay on a little while while paying.

godtabh

Keep paying rent and prepare for a PRTB hearing were you could be held liable for the landlords expenses.

sac2020

godtabh wrote: »

Keep paying rent and prepare for a PRTB hearing were you could be held liable for the landlords expenses.

Can they really hold me for he expenses ?? Around 2k. What if the guys are staying in a hotel worth 200 a day . Am I liable to pay for that while they deliberately get 4 star treatment. And repairman charges of another 1k ? Who missed his appointment

vagazzled

Hi OP, Ring threshold before they close today -1800 454 454. Good luck.

whippet

OP ... you have a problem with your rental place and now you are passing that problem on to someone else who is due to move in to where you are now.

I might sound a tad harsh here .. but from what I can tell you are forcing another family to have to move to a hotel until you are ready to vacate the property.

This is in effect your problem and how you deal with it is up to you; however; should you decide to hang on and force expenses on to someone else you may be deemed liable for these expenses.

As for complaining that someone might want to stay in a 4* hotel .. well considering they were supposed to be in a house / apartment with dining / laundry facilities etc. they can expect a certain level of comfort.

I don't understand how you can complain about someone else choosing a decent hotel when you won't even consider it for yourself.

sac2020

ted1 wrote: »

have you friends or family you can stay with?

Nope . Nopes family and friends don't live in Dublin not easy acceSs

DARK-KNIGHT

whippet wrote: »

OP ... you have a problem with your rental place and now you are passing that problem on to someone else who is due to move in to where you are now.

I might sound a tad harsh here .. but from what I can tell you are forcing another family to have to move to a hotel until you are ready to vacate the property.

This is in effect your problem and how you deal with it is up to you; however; should you decide to hang on and force expenses on to someone else you may be deemed liable for these expenses.

As for complaining that someone might want to stay in a 4* hotel .. well considering they were supposed to be in a house / apartment with dining / laundry facilities etc. they can expect a certain level of comfort.

I don't understand how you can complain about someone else choosing a decent hotel when you won't even consider it for yourself.

they have a young family... they are actively paying rent. i would hazard a guess that landlord putting rent up like most of them are these days.

I wish you all the best op

Mrs OBumble

Put your stuff into storage and move out.

Either move yourself in to a BnB, or present to the council as homeless. They will put you in emergency accommodation as an interim step, quite likely a hotel room.

Then find a new rental place and move into it.

magicmushroom

sac2020 wrote: »

Hi , need urgent advice pls
I was supposed to vacate my property after staying there for an year and 3 months . Got 3 months email extension after 1 year lease expired. Was supposed to love out on Monday but due to some issues with my new rental place at last minute , I cannot move in there. Not anybody's fault here but me and my family are suffering . The agent tells me that I can't overstay and he can file a case against me in prtb and can claim damages. Am willing to pay any rent to him for the extended period while am looking out. But he is saying that he will charge me for the new tenants hotel stay plus the repair work they were planning to do on the house as they already committed dates to the repairman while he is saying worth around 2k loss to him.
My question is can he do that

Am ready to pay rent
Ready to move out asap but it takes a week at a min to find a place and move out. Plus have a 1 yr old boy who just started going crèche couple of months back . Huge inconvenience for us if we move out in temp accomodation with all our stuff and family
But agent is adamant that I have 2 days else he will be charging me if damages as above which Is worth 2k

Looking for some urgent advice

What are these issues? Whose fault are they?

If you have signed a contract, paid your first months rent and deposit, been given a move in date that has not been adhered to through no fault of your own then surely it's up to the LL or agency dealing with same to accommodate you.

If your LL is going to put the new tenants into a hotel until they can move in, why can't your new LL do this for you?

Why were you being evicted from the current property?
Just sounds a little odd that you're being evicted and now have 'last minute issues' with the new property with no mention in your post of what they are and how they are being resolved.
We're not getting the full story and it's hard to help without it.

I understand it's a huge inconvenience for you but these things happen in life - your misfortune should not be passed onto someone else, in this case the LL and the new tenants. It's not their fault. The best thing for you to do is head to a B&B and get the issues with the new place resolved ASAP. Really unfair of you to involve the current LL in this when you had plenty of notice to move out.

sac2020

DARK-KNIGHT wrote: »

they have a young family... they are actively paying rent. i would hazard a guess that landlord putting rent up like most of them are these days.

I wish you all the best op

What I know is only 1 college guy moving in for now whom I met when he was viewing . He's already living in shared acco. Might get more guys once he moves in
Don't mind rent increase as it will be for just this month . But have to move my family and arrange for storage .
More of agent who is the problem here and the landlord

challengemaster

sac2020 wrote: »

More of agent who is the problem here and the landlord

The problem here is actually you, for not moving out when you agreed to.

sac2020

magicmushroom wrote: »

What are these issues? Whose fault are they?

If you have signed a contract, paid your first months rent and deposit, been given a move in date that has not been adhered to through no fault of your own then surely it's up to the LL or agency dealing with same to accommodate you.

If your LL is going to put the new tenants into a hotel until they can move in, why can't your new LL do this for you?

Why were you being evicted from the current property?
Just sounds a little odd that you're being evicted and now have 'last minute issues' with the new property with no mention in your post of what they are and how they are being resolved.
We're not getting the full story and it's hard to help without it.

I understand it's a huge inconvenience for you but these things happen in life - your misfortune should not be passed onto someone else, in this case the LL and the new tenants. It's not their fault. The best thing for you to do is head to a B&B and get the issues with the new place resolved ASAP. Really unfair of you to involve the current LL in this when you had plenty of notice to move out.

The LL himself lives in the new property and he was supposed to move out. He says can't move out as he was buying another property which fell thru or delayed so he can't move and least bothered about me as the new contract was not signed by him..can't do anything there as well..

unkel

sac2020 wrote: »

I was supposed to vacate my property

Your property?

Because of your failure to find new accommodation on time (even though you had 3 months time to get organised) other people like the home owner, the workmen and the new tenants are inconvenienced financially and otherwise. Move out in time or face the consequences.

Maybe grow up, take responsibility for your own actions and be a bit less self centered and ignorant too?

ted1

sac2020 wrote: »

Nope . Nopes family and friends don't live in Dublin not easy acceSs

Ah come on it's not the 1800s, there's busses and trains

sac2020

challengemaster wrote: »

The problem here is actually you, for not moving out when you agreed to.

Not being rude but you sound like the Landlord . And will you claim damages of worth 2-3k for a little overstay when you are looking for new arrangements . That would be my 3-4 months savings we are talking about here

mitresize5

Your not being evicted - your tenancy has ended

Bogger77

sac2020 wrote: »

What I know is only 1 college guy moving in for now whom I met when he was viewing . He's already living in shared acco. Might get more guys once he moves in
Don't mind rent increase as it will be for just this month . But have to move my family and arrange for storage .
More of agent who is the problem here and the landlord

How could the agent or landlord be at fault, you agreed a leaving date. You've had 3 months to sort something out.

If you didn't have a family to worry about, the waiting until the last minute would be ok, you have responsibilities.

But short term, get a B+B for a couple of nights.

Moonbeam

The person moving in might be in the same situation as you and it is not their fault that your new rental fell through.
I was just thinking if there is someone else moving in then why are you being evicted?

Alcoheda

unkel wrote: »

Your property?

Because of your failure to find new accommodation on time (even though you had 3 months time to get organised) other people like the home owner, the workmen and the new tenants are inconvenienced financially and otherwise. Move out in time or face the consequences.

Maybe grow up, take responsibility for your own actions and be a bit less self centered and ignorant too?

I agree that this is the OP's problem but I don't think that comment is very fair.

The OP had arranged to move but the LL in the new place is dicking him over.
You'd hardly expect him to have prepared for that scenario.

Yawns

And the OP in turn is dicking over their current LL and an innocent 3rd party. The 3rd party can pay for hotel accom for himself as far as OP is concerned but they shouldn't have to do the same for themselves. What's good for the goose apparently is not good enough for the gander in this case.

magicmushroom

You say you have life savings - well this is the time to use some of them as it's an emergency situation.
Get yourself and your family into a B&B and sort out your situation.

You were irresponsible not to get a signed contract from the new LL.
If you paid any money, I hope you've been given it back or have a receipt for same.

Alcoheda

Alcoheda wrote: »

I agree that this is the OP's problem

No he's not. He's just considering it. Get off the high horse. You might see things a little differently if you had small kids with no bed to put them in.

unkel

Alcoheda wrote: »

I agree that this is the OP's problem but I don't think that comment is very fair.

The OP had arranged to move but the LL in the new place is dicking him over.
You'd hardly expect him to have prepared for that scenario.

Agreed. I wasn't aware of that when I was typing my post. Fast moving thread, this!

murphaph

Alcoheda wrote: »

No he's not. He's just considering it. Get off the high horse. You might see things a little differently if you had small kids with no bed to put them in.

Ah come on. B&Bs have beds too the last time I looked. It's inconvenience here, not homelessness we're talking about.

thisistough

You're better off paying to stay in a hotel yourself, it's an unfortunate situation but it's not going to be made any better by staying in the house and basically pushing the problem on to someone else.

whippet

sac2020 wrote: »

Not being rude but you sound like the Landlord . And will you claim damages of worth 2-3k for a little overstay when you are looking for new arrangements . That would be my 3-4 months savings we are talking about here

dude ... due to your 'little' over stay other people are inconvenienced .. financially as well. You might deems it 'little' but when contractors are booked to start a job and a tenant is contracted to start a tenancy .. other people have to pay for this crap, and as it is you who is the causing these expenses I would personally say you should bear the costs of them.

A hotel for a couple of nights and a storage room can get you sorted out - however, by the sounds of it you'd rather bury your head in the sand and let others be inconvenienced; and not to have to pay for it.

sac2020

Got a call from the agent. She says that even a few days overlay is is huge loss to them . When asked about deposit to be returned she says I am not talking about it till u vacate . She is not committing anything about deposit if I move now or later.
Should I be adamant that I need it back when I move. They are welcome to do any inspections or repairs anyways.. Which I have told them already ..

daheff

well first thing I'd do is tell the landlord that you will facilitate the workman to come in and do his job. That removes any claim of liability for that cost.

Was the new tenant going to be living in the property when the workman came in? Reading between the lines he wasnt - as the landlord is implying that he cant come in because you are there....or if anyone else was living there.

If new tenant was to be in situ with the workman also doing his job, then so long as you make sure the workman can still do what he needs to do then the landlord cant charge you for this.


It seems like the landlord is trying to scare you out with this. Personally I'd tell him to forget it, that you aren't responsible for the other tenants accomodation expenses. Realistically you are, but dont admit that to him.

find somewhere else to go and quickly....this will get messy fast.

Rightly or wrongly you may come home to find your stuff thrown out on the street and locks changed.

hurleronditch

Alcoheda wrote: »

No he's not. He's just considering it. Get off the high horse. You might see things a little differently if you had small kids with no bed to put them in.

Someone with small kids to consider should not formally agree to leave accommodation before they have contracts signed for sonewhere to move to.

Far from an ideal situation but let's not confuse this with someone being properly homeless because they haven't got a cent and they can't get accommodation on whatever wages/allowances they have.

What the OP needs to do is ring 10 B&Bs and agree a reasonable weeks accommodation fee. Clear their stuff out of their existing place, and leave it in a friend or family's place for the week. Then next week they need to ring and email every even half suitable property that pops up on daft. It might be unpleasant that the OP didn't get the chorus of fawning sympathy they may have expected here, but to bury their head in the sand will only result in them potentially being taken to court for a multiple of what a weeks B&B would cost (€500 max if they shop around).

sac2020

daheff wrote: »

well first thing I'd do is tell the landlord that you will facilitate the workman to come in and do his job. That removes any claim of liability for that cost.

Was the new tenant going to be living in the property when the workman came in? Reading between the lines he wasnt - as the landlord is implying that he cant come in because you are there....or if anyone else was living there.

If new tenant was to be in situ with the workman also doing his job, then so long as you make sure the workman can still do what he needs to do then the landlord cant charge you for this.


It seems like the landlord is trying to scare you out with this. Personally I'd tell him to forget it, that you aren't responsible for the other tenants accomodation expenses. Realistically you are, but dont admit that to him.

find somewhere else to go and quickly....this will get messy fast.

Rightly or wrongly you may come home to find your stuff thrown out on the street and locks changed.

I have told agent I can accommodate everything -The workman working here , the guy who is supposed to move also move in 1 room and anyways there are 2 baths so I have told her that I am open to everything till I move in somewhere else . While I try to arrange a short term hotel then another house to move in perm.

Stheno

sac2020 wrote: »

I have told agent I can accommodate everything -The workman working here , the guy who is supposed to move also move in 1 room and anyways there are 2 baths so I have told her that I am open to everything till I move in somewhere else . While I try to arrange a short term hotel then another house to move in perm.

You seriously think that someone who is moving into a whole house will be happy to have to share with complete strangers and put up with small children so you can be accomodated?

sac2020

Stheno wrote: »

You seriously think that someone who is moving into a whole house will be happy to have to share with complete strangers and put up with small children so you can be accomodated?

No ayleast the workman can do the job.
But in any of the cases she is not committing anything in the deposit. What are my rights . It looks like they want me to run after them or after prtb to get the deposit back . And they can give any x y z reason on damages at that time

hurleronditch

sac2020 wrote: »

I have told agent I can accommodate everything -The workman working here , the guy who is supposed to move also move in 1 room and anyways there are 2 baths so I have told her that I am open to everything till I move in somewhere else . While I try to arrange a short term hotel then another house to move in perm.

You don't need to "try" to find a hotel, there's 6 listed in Dublin on www.trivago.ie for less than 500 for the week tomorrow to next Saturday, and 24 for less than 700.

I realise im coming across as harsh, but despite the inconvenience of your potential new landlord letting you down, nothing was signed, and this was all 100% within your control since the start. No letting is complete until you both sign the lease, you should have ensured that was done before you agreed an exit date. I just think you need to take some short term pain as this could get far far worse and far more costly very quickly.

TheChizler

hurleronditch wrote: »

You don't need to "try" to find a hotel, there's 6 listed in Dublin on www.trivago.ie for less than 500 for the week tomorrow to next Saturday, and 24 for less than 700.

I realise im coming across as harsh, but despite the inconvenience of your potential new landlord letting you down, nothing was signed, and this was all 100% within your control since the start. No letting is complete until you both sign the lease, you should have ensured that was done before you agreed an exit date. I just think you need to take some short term pain as this could get far far worse and far more costly very quickly.

Just to expand on this; you may have a valid contract with the new landlord, even though it hasn't been signed by them, for instance if you gave a deposit, have written correspondence, or even just agreed verbally. If this is the case they will be obliged to put you up at their expense until you can move into the house. You may have to pay up front yourself, but as long as you make them aware of everything and expenses are reasonable you should be ok moving into a B&B or hotel in the interim. Confirm with Threshold to be sure. It may take a PRTB case to sort out but your problem is with the new landlord, not the old.

athtrasna

Mod note: can we keep with thread civil please, no need to get on high horses on either side.

OP you have no rights to overstay your notice period and it's time to get working on a contingency plan.

Your deposit is a separate issue but deposits are rarely if ever given back the day the tenant leaves.

GarIT

sac2020 wrote: »

What are my rights .

You have a right to get your deposit back (minus any damages) after you have vacated the premises. As for staying past the agreed date, you have no rights.

Rock77

Tell the agent you will move out as soon as you get your deposit, then move out the day you get it.

ted1

Rock77 wrote: »

Tell the agent you will move out as soon as you get your deposit, then move out the day you get it.

It doesn't work like that, that it bad advice to give.most leases state that all utilities must be paid, it can take 2 weeks after the tenant moves out before final bill arrives.

Gererreh Tona

Just a thought since nobody has mentioned it yet, have you thought about contacting the Peter McVerry Trust to see if they can offer any assistance or support?

Peter McVerry Trust,
29 Mountjoy Square,
Dublin 1.

T: +353 (0)1 823 0776
F: +353 (0)1 823 0778

E: info @ pmvtrust . ie

Diamond Doll

Gererreh Tona wrote: »

Just a thought since nobody has mentioned it yet, have you thought about contacting the Peter McVerry Trust to see if they can offer any assistance or support?

Peter McVerry Trust,
29 Mountjoy Square,
Dublin 1.

T: +353 (0)1 823 0776
F: +353 (0)1 823 0778

E: info @ pmvtrust . ie

Isn't that for homeless people in emergency situations ... not for those like the OP, who have a substantial amount of savings to get them by?

2_fri

Gererreh Tona wrote: »

Just a thought since nobody has mentioned it yet, have you thought about contacting the Peter McVerry Trust to see if they can offer any assistance or support?

Peter McVerry Trust,
29 Mountjoy Square,
Dublin 1.

T: +353 (0)1 823 0776
F: +353 (0)1 823 0778

E: info @ pmvtrust . ie

As has already been stated, this is not a homelessness issue it is someone overstaying their tenancy agreement

Gererreh Tona

Diamond Doll wrote: »

Isn't that for homeless people in emergency situations ... not for those like the OP, who have a substantial amount of savings to get them by?

Where does it say they have a substantial amount of savings?

2_fri wrote: »

As has already been stated, this is not a homelessness issue it is someone overstaying their tenancy agreement

Are you kidding me, they are within days of becoming homeless. Here's some details of the services offered:

Homeless Services

Peter McVerry Trust currently provides homeless accommodation across three of the four Dublin local authority areas, namely, Fingal County Council, South Dublin County Council and Dublin City Council areas.
PMVT Supported Temporary Accommodation Services

Peter McVerry Trust currently provides Supported Temporary Accommodation (STA) Services in the Fingal County Council, South Dublin County Council and Dublin City Council areas. Places are prioritised for those over 18 years of age who are homeless and have complex low-threshold needs.

Current provision comprises of 14 beds in the Fingal County Council area and 80 beds in Dublin City Council area and 15 beds in the South Dublin County Council area across seven locations:

PMVT FCC STA – Finglas
PMVT FCC STA – Santry
PMVT DCC STA – Conyngham Road
PMVT DCC STA – Aungier Street
PMVT DCC STA – St Catherine’s Foyer
PMVT DCC STA – Whitworth Rd
PMVT SDCC STA – Tallaght

As I said it's just another resource to think about, was only trying to help.

sac2020

Thanks guys .. I am looking for alternate accomodation
I never said I have huge savings
Being a tenant j realised today is the worst thing
Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
All utilities I will be paying and all rents always on time.
Don't see the reluctance to give deposit back or even say anything about it

Arbiter of Good Taste

sac2020 wrote: »

Thanks guys .. I am looking for alternate accomodation
I never said I have huge savings
Being a tenant j realised today is the worst thing
Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
All utilities I will be paying and all rents always on time.
Don't see the reluctance to give deposit back or even say anything about it

You're trying to dick the LL around, but you expect him to trust you to settle outstanding bills after he gives you the deposit back? Seriously?

Marcusm

sac2020 wrote: »

Thanks guys .. I am looking for alternate accomodation
I never said I have huge savings
Being a tenant j realised today is the worst thing
Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
All utilities I will be paying and all rents always on time.
Don't see the reluctance to give deposit back or even say anything about it

I can see why they are reluctant to commit on the deposit as they are unable to establish when you will yield possession and they have not performed an inspection. It's entirely reasonable not to sign off on no retention from the deposit until they can establish that you are on the cusp of departing and they have inspected the property to establish that there is no damage beyond reasonable wear & tear. You have been put in a difficult position thanks to your prospective landlord, now is not the time to pass that back onto innocent parties, IMO. You should be looking for satisfaction from that landlord not your current one.

catkit

Have a look at Airb&b, you might be able to get an apartment rather than just a room which should make it more family-friendly in the short term.

sac2020

sac2020 wrote: »

Thanks guys .. I am looking for alternate accomodation
I never said I have huge savings
Being a tenant j realised today is the worst thing
Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
All utilities I will be paying and all rents always on time.
Don't see the reluctance to give deposit back or even say anything about it

Send the kids down to their grandparents until you get sorted, load up your stuff and move it down to one of your home places and yourself and the wife stay in a hotel/B&B/Airbnb what ever until you find somewhere. It's fairly straight forward really to sort out.

You have no right to stay 1 minute more in the house than agreed that is a fact.

sac2020

Thanks guys .. I am looking for alternate accomodation
I never said I have huge savings
Being a tenant j realised today is the worst thing
Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
All utilities I will be paying and all rents always on time.
Don't see the reluctance to give deposit back or even say anything about it

Gatling

sac2020 wrote: »

Thanks guys .. I am looking for alternate accomodation
I never said I have huge savings
Being a tenant j realised today is the worst thing
Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
All utilities I will be paying and all rents always on time.
Don't see the reluctance to give deposit back or even say anything about it

You don't get your deposit till you move out