Eviction notice

Micky8728

Landlord says he is selling the house and wants us our by next month.. He only starting saying this because we told him we were applying for rent allowance now that we have a child. We told him we wanted a written notice of evection but his solicitor said not to give us one.. Is there anything we can do?

endacl

If you do have to move, keep an eye out for the property being advertised for rent again soon after. If it's not, you'll have to take him at his word. If it is, it was an illegal eviction, and he'll end up paying you quite a bit after the dust settles.

Maybe suggest you'll be keeping a close eye on the property, and following the 'sale' with interest?

Tipperary Fairy

Am, of course you need written notice of the eviction. Demand it ASAP.

kronnn

He's definitely in violation of the residential tenancies act by not supplying a written notice of eviction, and not including a statutory declaration of the landlords intention to sell.

If your landlord wants you to leave, they must serve you with a valid notice of termination. The notice can be posted to you, be given to you in person or be left for you at the property.

Section 62 of the 2004 Act sets down the requirements for a valid notice of termination. In order to be valid, a notice of termination must:

Be in writing
Be signed by the landlord (or an authorised agent)
Specify the date of termination of the tenancy
State that you have the whole 24 hours of the termination date to vacate the property
Specify the date of the notice itself
State the reason for termination, if a tenancy has lasted more than 6 months or is a fixed-term tenancy
State that any issue issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within 28 days from the receipt of the notice.
In addition, since 9 May 2016, the landlord must provide additional details in certain situations and, in some cases, a statutory declaration. The RTB provides sample notices of termination, giving the details required in each situation.

If the property is being sold
If the landlord intends to sell the property within 3 months of the termination of your tenancy, the notice of termination must state that “The reason for the termination of the tenancy is due to the fact that the landlord intends to sell the dwelling, for full consideration, within 3 months after the termination of the tenancy”. The notice must also include a statutory declaration stating the landlord’s intention to sell.

You should check out http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html, they have a lot of info about what the landlord can/can't do in terms of eviction and where you can seek advice about the situation if you need more.

Micky8728

He says hes either going to sell the property or renovate it.. I told him earlier I wanted my written notice because I was going to go see the county council in the morning. I tolf him I was going to make a complaint to the PRTB but he didnt seem bothered. Am so annoyed. He has made things alot worse for himself

davo10

Micky8728 wrote: »

He says hes either going to sell the property or renovate it.. I told him earlier I wanted my written notice because I was going to go see the county council in the morning. I tolf him I was going to make a complaint to the PRTB but he didnt seem bothered. Am so annoyed. He has made things alot worse for himself

Op will the RA cover the full rent? If it doesn't you may not be in a great position either as you might not be allowed to top it up yourself and if the RA doesn't cover the rent, you will have to move.

SteoL

davo10 wrote: »

Op will the RA cover the full rent? If it doesn't you may not be in a great position either as you might not be allowed to top it up yourself and if the RA doesn't cover the rent, you will have to move.

RA always has to be partially covered by the tenant. It is never paid in full.

davo10

SteoL wrote: »

RA always has to be partially covered by the tenant. It is never paid in full.

That is not what I mean, yes the recipient pays €30 toward rent but, the rent cannot exceed the rent allowance limit for the area. If the op's current rent is above the rent allowance rate for the area and the LL does not reduce it to that level, the op has a very big problem unless he/she is given additional rental aid by the Dept. The op cannot for instance pay an extra €100 out of his/her pocket, many LL will accept this on the QT but my guess is this one won't if he/she wants the op out.

From CA website.

Rent Supplement and lease agreements

If, when your Rent Supplement claim is reviewed, the rent you pay is above the relevant limit and your lease is not due for renewal, you will be expected to re-negotiate your rent with your landlord. If the landlord insists that the terms of the current lease are not negotiable and does not reduce the rent to the new limits the DSP representative will discuss your options with you. These may include seeking other accommodation. If the rent is in line with local market rates the limits can be exceeded in some cases.

Micky8728

My rent is 350 a month which is covered in my area now that I have a child.. When I was moving in over a year ago. The landlord said he would accept rent allowance.. I didnt bother getting it then as we were managing with out bills. I went back to the landlord abort four months ago with the rent allowance forms. I just needed him to get me a proof of ownership letter but he started fobbing me off. Told him I wasnt leaving the apartment until he gets me eviction letter.. He says he solicitor advised him now to give one to us

SteoL

davo10 wrote: »

That is not what I mean, yes the recipient pays €30 toward rent but, the rent cannot exceed the rent allowance limit for the area. If the op's current rent is above the rent allowance rate for the area and the LL does not reduce it to that level, the op has a very big problem unless he/she is given additional rental aid by the Dept. The op cannot for instance pay an extra €100 out of his/her pocket, many LL will accept this on the QT but my guess is this one won't if he/she wants the op out.

From CA website.

Rent Supplement and lease agreements

If, when your Rent Supplement claim is reviewed, the rent you pay is above the relevant limit and your lease is not due for renewal, you will be expected to re-negotiate your rent with your landlord. If the landlord insists that the terms of the current lease are not negotiable and does not reduce the rent to the new limits the DSP representative will discuss your options with you. These may include seeking other accommodation. If the rent is in line with local market rates the limits can be exceeded in some cases.

Correct. Apologies, misunderstood your first post.

Gatling

This the same apartment with the rotting windows

SteoL

Micky8728 wrote: »

My rent is 350 a month which is covered in my area now that I have a child.. When I was moving in over a year ago. The landlord said he would accept rent allowance.. I didnt bother getting it then as we were managing with out bills. I went back to the landlord abort four months ago with the rent allowance forms. I just needed him to get me a proof of ownership letter but he started fobbing me off. Told him I wasnt leaving the apartment until he gets me eviction letter.. He says he solicitor advised him now to give one to us

IMO he's chancing his arm and has not spoken to a solicitor. The dogs on the street know a written notice to quit is a requirement for an eviction.

Micky8728

Yep. And leak in roof. And noisy neighbours. They finally moved out at the weekend:-) and they were told we have to move out.

anothernight

SteoL wrote: »

IMO he's chancing his arm and has not spoken to a solicitor. The dogs on the street know a written notice to quit is a requirement for an eviction.

Or maybe his solicitor told him to not attempt an eviction at all and he took it to mean "don't give an eviction letter".

Micky8728

Yeah and the noisy neighbours. Leak in roof and so on.. The neighbours downstairs finally moved out at thw weekend.. And thats when the landlord told us to make our way out by next month

allibastor

sounds like he isnt a registered landlord to be honest.

If you have been there for some time and now ask for RA it shouldnt be a big issue.

Also, yeah dont move until you get an eviction letter.

endacl

endacl wrote: »

If you do have to move, keep an eye out for the property being advertised for rent again soon after. If it's not, you'll have to take him at his word. If it is, it was an illegal eviction, and he'll end up paying you quite a bit after the dust settles.

Maybe suggest you'll be keeping a close eye on the property, and following the 'sale' with interest?

It's not guaranteed, there was a thread a few weeks ago where the above happened exactly and the PRTB didn't side with the tenant.

Micky8728

Yeah he is a bit of a chancer. I have caught he out before a few times on things. Talked to the county council they said they cant do anything but give me a number for a social worker because we might be made homeless..

Gatling

Micky8728 wrote: »

Talked to the county council they said they cant do anything but give me a number for a social worker because we might be made homeless..

The worst part they won't help until your actually homeless.

Have you started looking for another place yet

kronnn

Tell him legally an eviction notice HAS to be in writing and since you've been there a year he has to give you 6 weeks notice. Refuse to acknowledge his verbal "eviction notice" as it is not legally enforceable.
From http://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

"It is an offence for a landlord/agent to knowingly take any action in reliance on an invalid notice of termination of tenancy that he/she knew or ought to have known was invalid."

Edit to add:

He also can't evict you just because he might want to renovate/sell the property at some point.
If he want's to sell he must include a statutory declaration stating the landlord’s intention to sell with the WRITTEN eviction notice.

If the landlord intends to refurbish the property to the extent that it needs to be vacant, they must state the nature of the works in writing, along with the notice of termination. If planning permission is required, the notice must be accompanied by a copy of the permission. If planning permission is not required, the notice must state this and must provide the name of the contractor (if any); the dates of the intended works; and their proposed duration

utmbuilder

call threshold tomorrow on 1890 334 334 for advice


make sure you open a prtb dispute for illegal eviction

it takes a extremely long time to get a tenant out of your home with no where to go.


it will take him a very long time to get you out, weather you pay or not (as you mentioned you rent allowance might be your only opition)

write a letter to your local Revenue office ask who the Collector General inform them you have been renting this property for this amount from the landlords name and details, they will check if he is tax compliant , this man does not sound lawful , most landlords have to pay up to 52% tax on rent

dont allow this bully landlord make your child homeless.


keep a log of all communications, take photos and record video if the landlord comes to the house, as the prtb can award money for breaches against the landlord


it sounds like the landlord is testing if you will just leave without a fight or not,

Spurion

kronnn wrote: »

Tell him legally an eviction notice HAS to be in writing and since you've been there a year he has to give you 6 weeks notice.

Why? It's not OP's responsibility to educate his landlord on the requirements re: notice of termination of tenancy.

the_syco

Micky8728 wrote: »

He says he solicitor advised him now to give one to us

(I assume you mean not to give you a letter)
The solicitor could be aware of their clients plans, and thus realises a letter will mean their client shoots themselves in the foot.

4ensic15

Spurion wrote: »

Why? It's not OP's responsibility to educate his landlord on the requirements re: notice of termination of tenancy.

If the o/p comes home to find the locks changed he will have to go to court and try and get an injunction to get back in. Much easier to tell the landlord where to get off now.