What to do

Specialun

Hi

Advise needed on this

So myself and herself have been renting a house for just shy of 6 years. Tonight the landlord rang to tell us that his wife is looking for the property to give to her brother for a year as his planning is delayed. The rental contract expired ages ago. We always had a good relationship and looked after the property like it was our own home

What rights do we have.

We have my dogs and property is non existent in cork.
We will struggle to find elsewhere. I dont want to be walked on by the landlord.we have been the perfect tenats.

Advise please

4ensic15

You have the right to be given a valid notice of termination. The notice must state a valid reason. You have the right to challenge the notice to the RTB and the tenancy continues during the dispute.
You have not yet been given a valid notice so you can hang on until the landlord serves the notice. Then decide on a dispute.

cython

If you are just shy of 6 years (i.e. between 5 and 6) then your only real rights are to be given 20 weeks notice (in the correct format), as a landlord can terminate a tenancy if they need it for the use of an immediate family member. http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#la1b6d is the specific reference for that, but that page as a whole sums up the landlord's obligation to you in ending a tenancy, including the circumstances in which they are allowed to end it.

April 73

Honestly if I were you, I would insist on the legal requirement of offical notification in writing with correct notice & say to the landlord that you'll want first refusal on the getting property back if the brother fails to move in, which you will check.
Call me a cynic but it smells of wanting to get you out.

4ensic15

April 73 wrote: »

Honestly if I were you I would request offical notification in writing & say to the landlord that you'll want first refusal on the getting property back if the brother fails to move in, which you will check.
Call me a cynic but it smells of wanting to get you out.

Why ask for official notification? the o/p can just wait for it. That will prolong his stay. By the time the RTB disputes are finished the "brother" will have his planning and built his house and be on the second extension.

Specialun

April 73 wrote: »

Honestly if I were you, I would insist on the legal requirement of offical notification in writing with correct notice & say to the landlord that you'll want first refusal on the getting property back if the brother fails to move in, which you will check.
Call me a cynic but it smells of wanting to get you out.

100% its not wanting us out. It would make no sense. We have rang him twice in 6 years. We pay whatever the value is and on time. We have the house in perfect nick.

April 73

4ensic15 wrote: »

Why ask for official notification? the o/p can just wait for it. That will prolong his stay. By the time the RTB disputes are finished the "brother" will have his planning and built his house and be on the second extension.

Yep you're right. Do nothing & sit tight for now. If the OP doesn't make it easy I would imagine "the brother" will go AWOL.
But...it's not a great way to feel secure in the the house.

listermint

Specialun wrote: »

100% its not wanting us out. It would make no sense. We have rang him twice in 6 years. We pay whatever the value is and on time. We have the house in perfect nick.

Well its up to the landlord to give you statutory in writing.

Your concern is not for his brother its for yourself.

The brother could rent like anyone else should he need somewhere to live.

Wait till landlord serves the notice and go by the books look after yourself but do so as per your legal rights.

Specialun

4ensic15 wrote: »

Why ask for official notification? the o/p can just wait for it. That will prolong his stay. By the time the RTB disputes are finished the "brother" will have his planning and built his house and be on the second extension.

IF and thats an IF how would i do this or what is the procedure. Does the clock start ticking when i get the notice or only when the RTB give their verdict

April 73

Specialun wrote: »

100% its not wanting us out. It would make no sense. We have rang him twice in 6 years. We pay whatever the value is and on time. We have the house in perfect nick.

Are you paying the current market rate for the area at the moment? If you are it makes it less likely the story is a spoof. If you are paying below the market rate I would be dubious.

Specialun

April 73 wrote: »

Are you paying the current market rate for the area at the moment? If you are it makes it less likely the story is a spoof. If you are paying below the market rate I would be dubious.

Probably slightly below the value, simply because his not asked. The very second he would ask i would accept it and just look for a 12 month contract with a freeze. After he called i rang him back and offered him tne exact same as the house behind...as i said earlier im 100% fair on these things

April 73

Specialun wrote: »

Probably slightly below the value, simply because his not asked. The very second he would ask i would accept it and just look for a 12 month contract with a freeze. After he called i rang him back and offered him tne exact same as the house behind...as i said earlier im 100% fair on these things

Just so you know if you pay an increase in rent (outside the rental pressure zones) the rent is frozen for two years. Within the pressure zones rents can only be raised by 4%.

Maybe this landlord is legit & really does want a good, hassle-free tenant who is willing to pay more rent to move out. So the wife's brother can move in for a while. I just don't think so.

OP try waiting for offical notification & the. Weigh up your opinions on disputing he notification.

Specialun

What would the process with the rtb be if i appealed..would the 140 days start ticking when the notice drops or when the rtb give the verdict

GGTrek

4ensic15 wrote: »

April 73 wrote: »

Honestly if I were you I would request offical notification in writing & say to the landlord that you'll want first refusal on the getting property back if the brother fails to move in, which you will check.
Call me a cynic but it smells of wanting to get you out.

Why ask for official notification? the o/p can just wait for it. That will prolong his stay. By the time the RTB disputes are finished the "brother" will have his planning and built his house and be on the second extension.

By the time the RTB process is finished and notice confirmed valid the tenant will loose his place anyway and the landlord will highly resent the tenant due to all the additional costs and stress. Then I see tenants here complaining on why the rents are so high. Part of it is to cover the costs of overholding tenants and RTB litigation. Until the law starts to provide damages for landlords for valid termination notices this abuse will continue. If the RTB finds the notice valid then every day of staying beyond the termination date should be paid at least 20% more than current rent. This will focus the minds of the tenants and reduce substantially spurious litigation and appeals like the one you are suggesting.

GGTrek

Specialun wrote: »

What would the process with the rtb be if i appealed..would the 140 days start ticking when the notice drops or when the rtb give the verdict

When the notice drops.

Graham

Specialun wrote: »

What would the process with the rtb be if i appealed..would the 140 days start ticking when the notice drops or when the rtb give the verdict

On what basis would you be appealing?

April 73

GGTrek wrote: »

By the time the RTB process is finished and notice confirmed valid the tenant will loose his place anyway and the landlord will highly resent the tenant due to all the additional costs and stress. Then I see tenants here complaining on why the rents are so high. Part of it is to cover the costs of overholding tenants and RTB litigation. Until the law starts to provide damages for landlords for valid termination notices this abuse will continue. If the RTB finds the notice valid then every day of staying beyond the termination date should be paid at least 20% more than current rent. This will focus the minds of the tenants and reduce substantially spurious litigation and appeals like the one you are suggesting.

It doesn't sound to me like the OP is interested in overholding or being difficult.
They should receive the correct notification and notice period & not just a phone call. If the brother doesn't move in then they've been evicted illegally.

In the main I agree that tenants are better covered by protective laws than landlords & vexatious claims or appeals to the RTB should be discouraged.

Jawgap

GGTrek wrote: »

By the time the RTB process is finished and notice confirmed valid the tenant will loose his place anyway and the landlord will highly resent the tenant due to all the additional costs and stress. Then I see tenants here complaining on why the rents are so high. Part of it is to cover the costs of overholding tenants and RTB litigation. Until the law starts to provide damages for landlords for valid termination notices this abuse will continue. If the RTB finds the notice valid then every day of staying beyond the termination date should be paid at least 20% more than current rent. This will focus the minds of the tenants and reduce substantially spurious litigation and appeals like the one you are suggesting.

How is there a cost to the landlord in this particular instance?

Sounds like the OP is willing to pay rent at or close to the market rate?

If anything losing such a tenant in favour of the wife's brother will probably cost the landlord more as there's a significant probability he won't be paying market rent.

Graces7

Small question. If I know landlord is planning to evict, do I then need to give him notice of leaving? ie before he serves his paperwork?

Or does the verbally expressed notice of intention cover that?

4ensic15

GGTrek wrote: »

By the time the RTB process is finished and notice confirmed valid the tenant will loose his place anyway and the landlord will highly resent the tenant due to all the additional costs and stress. Then I see tenants here complaining on why the rents are so high. Part of it is to cover the costs of overholding tenants and RTB litigation. Until the law starts to provide damages for landlords for valid termination notices this abuse will continue. If the RTB finds the notice valid then every day of staying beyond the termination date should be paid at least 20% more than current rent. This will focus the minds of the tenants and reduce substantially spurious litigation and appeals like the one you are suggesting.

The relationship with the landlord is over. Why should a tenant move out just so the landlord doesn't resent him? The tenant incurs no costs. I am advising the o/p not making a morality judgement. There is a big difference between what is and what ought to be.

4ensic15

Graces7 wrote: »

Small question. If I know landlord is planning to evict, do I then need to give him notice of leaving? ie before he serves his paperwork?

Or does the verbally expressed notice of intention cover that?

Notice of termination must be in writing. If you are leaving voluntarily ahead of a proposed termination, then in theory, you should serve written notice or agree a timeframe in writing for your departure. You don't have to move until you have been served validly in writing and your dispute with the RTB is over.

Specialun

I didnt even consider not paying rent IF i was to appeal it to the RTB to be honest.

GGTrek

Jawgap wrote: »

GGTrek wrote: »

By the time the RTB process is finished and notice confirmed valid the tenant will loose his place anyway and the landlord will highly resent the tenant due to all the additional costs and stress. Then I see tenants here complaining on why the rents are so high. Part of it is to cover the costs of overholding tenants and RTB litigation. Until the law starts to provide damages for landlords for valid termination notices this abuse will continue. If the RTB finds the notice valid then every day of staying beyond the termination date should be paid at least 20% more than current rent. This will focus the minds of the tenants and reduce substantially spurious litigation and appeals like the one you are suggesting.

How is there a cost to the landlord in this particular instance?

Sounds like the OP is willing to pay rent at or close to the market rate?

If anything losing such a tenant in favour of the wife's brother will probably cost the landlord more as there's a significant probability he won't be paying market rent.

You are obviously very unaware of how much time and money it costs a landlord to defend a case at the RTB which by rule will not grant costs. Agent will require payment to spend half a day going to and attending hearing. Witnesses will have to be paid reasonable costs for attending. If landlord is unable to prepare a defence submission he will have to pay either an experienced agent or a solicitor to prepare it. If the tenant then decides to appeal the costs escalate since the tribunal is a much more formal hearing and it is advisable to have a solicitor attending.
In this specific case if the landlord brother cannot use the property as his residence he will incur renting costs, family dealings by the way go beyond mere money matters. In a decent family people try to help each other without expecting a financial return, but I am digressing here.

GGTrek

4ensic15 wrote: »

GGTrek wrote: »

By the time the RTB process is finished and notice confirmed valid the tenant will loose his place anyway and the landlord will highly resent the tenant due to all the additional costs and stress. Then I see tenants here complaining on why the rents are so high. Part of it is to cover the costs of overholding tenants and RTB litigation. Until the law starts to provide damages for landlords for valid termination notices this abuse will continue. If the RTB finds the notice valid then every day of staying beyond the termination date should be paid at least 20% more than current rent. This will focus the minds of the tenants and reduce substantially spurious litigation and appeals like the one you are suggesting.

The relationship with the landlord is over. Why should a tenant move out just so the landlord doesn't resent him? The tenant incurs no costs. I am advising the o/p not making a morality judgement. There is a big difference between what is and what ought to be.

The only risk the tenant runs is that he will not get a reference. The RTA is so wonderfully pro tenant biased that the vast majority of the costs of a spurious litigation like the one you are suggesting just to delay the inevitable will be on the landlord side. You know perfectly well that this is the case: if the landlord's brother goes to testify as a witness at the hearing the op case is dust, but the aim of delaying will be achieved without paying any penalty.

Specialun

lets say I appeal and after all the process the RTB says that all is legit. How long would they give us then to move

4ensic15

Specialun wrote: »

lets say I appeal and after all the process the RTB says that all is legit. How long would they give us then to move

usually 28 days. However if you don't move the landlord has to either apply to the Circuit Court or wait for the RTB to so. That will add to the time, so there will be plenty of time to source alternative accommodation.

4ensic15

GGTrek wrote: »

The only risk the tenant runs is that he will not get a reference. The RTA is so wonderfully pro tenant biased that the vast majority of the costs of a spurious litigation like the one you are suggesting just to delay the inevitable will be on the landlord side. You know perfectly well that this is the case: if the landlord's brother goes to testify as a witness at the hearing the op case is dust, but the aim of delaying will be achieved without paying any penalty.

The landlord might well make a mistake in his notice and the landlord will have to start again. The o/p will be able to stay where he is and will only be oblige to pay current rent with possibly only a small increase while the dispute goes on. that is the way the game is played.

Graham

Specialun wrote: »

lets say I appeal and after all the process the RTB says that all is legit. How long would they give us then to move

What are you appealing?

You generally need a reason for lodging an appeal, e.g. the notice is invalid

pilly

I have to say, I know this is a tough situation but if the LL gives proper notice etc. on what basis will you appeal? Are LL's never allowed to take their property back?

4ensic15

Graham wrote: »

What are you appealing?

You generally need a reason for lodging an appeal, e.g. the notice is invalid

The o/p would refer a dispute on the basis of an invalid notice or wait for the landlord to proceed against him for overholding and then appeal any decision in the landlords favour. .

4ensic15

pilly wrote: »

I have to say, I know this is a tough situation but if the LL gives proper notice etc. on what basis will you appeal? Are LL's never allowed to take their property back?

How is it known that the notice is proper until it has been determined to be so by the RTB? LLs are allowed take back the property after they serve a valid notice and after all disputes and appeals and court processes are finished.

pilly

4ensic15 wrote: »

How is it known that the notice is proper until it has been determined to be so by the RTB? LLs are allowed take back the property after they serve a valid notice and after all disputes and appeals and court processes are finished.

Or as you previously put it "playing the game". This is why LL's are getting out of the business. Too much of this crap going on.

Whilst I have sympathy for the OP, I'm also a tenant, I just think it's very unfair to be planning and plotting appeals and disputes basically just to stay longer.

When the OP finds alternative accommodation will they continue to overstay then? Don't think so.

Specialun

I dont know that there is a brother in law. The estate is one of the sought after estates in cork surburbs. He could well be looking to re-lease the house to force a bidding war. Previously he did ring me to say that the property company had advised him to re lease as they needed property and that they could get more money..back then i just said how much do you want

pilly

Specialun wrote: »

I dont know that there is a brother in law. The estate is one of the sought after estates in cork surburbs. He could well be looking to re-lease the house to force a bidding war. Previously he did ring me to say that the property company had advised him to re lease as they needed property and that they could get more money..back then i just said how much do you want

Well that's a totally different story if he is using the brother in law as an excuse. But if you've already offered to pay more then I don't see what he'd have to gain? Besides, how do you find that out until you actually move out?

4ensic15

pilly wrote: »

Or as you previously put it "playing the game". This is why LL's are getting out of the business. Too much of this crap going on.

Whilst I have sympathy for the OP, I'm also a tenant, I just think it's very unfair to be planning and plotting appeals and disputes basically just to stay longer.

When the OP finds alternative accommodation will they continue to overstay then? Don't think so.

The landlord is lying to get the o/p out. Why shouldn't the o/p use they system against the liar? Morality is for a different forum anyway. If there is something wrong with the law, complaint should be made to the politicians, not to victims.

pilly

4ensic15 wrote: »

The landlord is lying to get the o/p out. Why shouldn't the o/p use they system against the liar? Morality is for a different forum anyway. If there is something wrong with the law, complaint should be made to the politicians, not to victims.

And you know the LL is lying? How is that? If you have proof sure then the OP is grand.

sullivk

Perhaps the LLs call was just a forewarning and the valid written notice is on the way... if so, what would be your grounds for appeal then?

jsd1004

sullivk wrote: »

Perhaps the LLs call was just a forewarning and the valid written notice is on the way... if so, what would be your grounds for appeal then?

As a professional landlord the first thing I ask prospective tenants is who was their last landlord and how long were they there and why are they moving. Any hint of PRTB/possibility of overholding/no reference or lived at parents rules them out. Be careful or your next accomodation choice could be seriously restricted when your references get checked.

formernyer

OP, you're getting some mixed up advice here.

Firstly, you're entitled to written notice in the correct format. You're then entitled to 20 weeks before you leave (based on the length of your tenancy) from the date of that notice. That alone might make it impractical for the LL's brother-in-law to move in?

Secondly, if you believe there is a problem with what the landlord has done, you can start a procedure with the RTB and you may be able to stay on while that procedure runs its course (you'd still need to pay rent, etc.).

If it were me, I'd make sure the first step happens before considering the second item mentioned...

newacc2015

Specialun wrote: »

I dont know that there is a brother in law. The estate is one of the sought after estates in cork surburbs. He could well be looking to re-lease the house to force a bidding war. Previously he did ring me to say that the property company had advised him to re lease as they needed property and that they could get more money..back then i just said how much do you want

Well if he does move his brother in law in, then you can file a complaint to the RTB about that. Until then there is little logic in refusing to move out as you think he might move someone else in, but you arent really sure. If does move someone else in, you are entitled to comp from him.

You basically implied he has been a reasonable landlord for the last 6 years. So IMO there is little reason to doubt him. But I guess you see the opposite for some reason...

sullivk

jsd1004 wrote:

As a professional landlord the first thing I ask prospective tenants is who was their last landlord and how long were they there and why are they moving. Any hint of PRTB/possibility of overholding/no reference or lived at parents rules them out. Be careful or your next accomodation choice could be seriously restricted when your references get checked.

Totally agree! Not all landlords are playing underhand games when they need tenants out, some genuinely are selling/moving in/renovating etc. Most of the responses on this thread so far have been encouraging the OP to take RTB appeals/ignore the LL etc.

Why not just speak to the LL like a grown-up adult? If he has declined your offer of a rent increase then likelihood is that he actually does need the property for family. Obviously he needs to give you the correct, appropriate notice to allow you time to find somewhere else to live. I think by being difficult with this you could ruin your chances of getting a great reference for a 6 year tenancy which will greatly impact you finding a new home. Good luck with it!

dudara

formernyer wrote: »

OP, you're getting some mixed up advice here.

Firstly, you're entitled to written notice in the correct format. You're then entitled to 20 weeks before you leave (based on the length of your tenancy) from the date of that notice. That alone might make it impractical for the LL's brother-in-law to move in?

There's a lot of jumping ahead going on here. The first thing to do is to make the landlord aware that valid written notice is required, and that it's 20 weeks in your case. That is 5 months, which would probably deter the landlord as it will be ages before they can move the brother in law in (assuming the BIL angle is real).

If the landlord does give valid written notice, then there's not much to do. I would fire a warning shot when responding to the termination notice by quoting the rules that allow you first opportunity at the property should the reason for the termination notice fall through. That should make the landlord aware that you know your rights.

4ensic15

4ensic15 wrote: »

How is it known that the notice is proper until it has been determined to be so by the RTB? LLs are allowed take back the property after they serve a valid notice and after all disputes and appeals and court processes are finished.

Every single notice does not need to be scrutinised by the RTB. If the notice is received then all that has to be done is check that it meets the guidelines. If it does its valid if not it can be disputed.

Its no wonder RTB cases take so long if people are using a dispute to check if a notice is valid which can be done in a few mins using a check list. You are essentially encouraging the op to take the p*ss and become a bad tenant.

dudara wrote: »

There's a lot of jumping ahead going on here. The first thing to do is to make the landlord aware that valid written notice is required, and that it's 20 weeks in your case. That is 5 months, which would probably deter the landlord as it will be ages before they can move the brother in law in (assuming the BIL angle is real).

If the landlord does give valid written notice, then there's not much to do. I would fire a warning shot when responding to the termination notice by quoting the rules that allow you first opportunity at the property should the reason for the termination notice fall through. That should make the landlord aware that you know your rights.

There is a lot of assumption being made that the LL doesn't know how to proceed. 5 months time may be when the BIL needs the house and the call is probably just giving the op a heads up that notice is on the way.

listermint

jsd1004 wrote: »

As a professional landlord the first thing I ask prospective tenants is who was their last landlord and how long were they there and why are they moving. Any hint of PRTB/possibility of overholding/no reference or lived at parents rules them out. Be careful or your next accomodation choice could be seriously restricted when your references get checked.

As a professional landlord then id imagine you would be advocating for longer leases and protections on both sides. Because this sort of thing 'my brother needs your home' doesnt occur on the continent.

Whilst its an asset for you its a home for the tenant.

Landlords seem to want it both ways, i.e. its an asset that gives me a return via rental but i can take that house off you whenever i want to give to family....

We need protections both ways either via longer leases better contracts and deposit escrow, time to start getting professional in this country.

Graham

listermint wrote: »

As a professional landlord then id imagine you would be advocating for longer leases and protections on both sides.

Would be a bit pointless advocating for longer leases when a tenant can effectively opt-out at any time by nominating a replacement.

Not at all relevant to the OP though so I'll leave it there.

Ms Doubtfire1

listermint wrote: »

jsd1004 wrote: »

As a professional landlord the first thing I ask prospective tenants is who was their last landlord and how long were they there and why are they moving. Any hint of PRTB/possibility of overholding/no reference or lived at parents rules them out. Be careful or your next accomodation choice could be seriously restricted when your references get checked.

As a professional landlord then id imagine you would be advocating for longer leases and protections on both sides. Because this sort of thing 'my brother needs your home' doesnt occur on the continent.

Whilst its an asset for you its a home for the tenant.

Landlords seem to want it both ways, i.e. its an asset that gives me a return via rental but i can take that house off you whenever i want to give to family....

We need protections both ways either via longer leases better contracts and deposit escrow, time to start getting professional in this country.

I completely agree with that. Mind you though, the private LL on the continent which rent furnitured are not regulated either- no where near to the degree that they are here.the reaosn for that is that there are plenty of properties available - but you're on a waiting list.Depending where you want to go it can go quick or slow. Than you can rent through a real estate agent, in which case you are also protected.If you rent form a private person you don't have that protection at all.The so called rental agencies work with time bound agreements inside the law but there's no overholding.If you don't pay your rent you'll be evicted within 3 month. They can't move you out in between.But the time of the contract is set and can't be terminated other than by mutual agreement.
Thats the problem here I think.Ireland is trying to regulate a private market without having the necessary properties available to fill the gap. Thats very typical as far as can see with every risicolous law the irish government is bringing in.it's shortsighted and a kneejerk response.I am a tenant myself and have plenty of fights with my LL - but usually becaue he wants me to pay things which by law are his obligation - maintenance of the heating system, watercharges because the house is registered as a working farm whilst I have a residential tenancy agreement etc - and I'll always fight him on that.But, at the end of the day, I always pay my rent on time and I stick to the letter of the contract.
In regards to the case on here - Op's main problem is finding a new property with his pet. That i can fully understand. 
Therefore, and based on that reason, I would see if a correct notice comes within say 3 weeks.if not, i would dispute the notice thorugh the tenancyboard - it is invalid as 
a) The person replacing is not direct family
b) The notice period is too short

And than take it from there.I would meanwhile look for another place and screw the references. I never had any references when I rented.never bothered asking for any.never been a problem.

listermint

listermint wrote: »

As a professional landlord then id imagine you would be advocating for longer leases and protections on both sides. Because this sort of thing 'my brother needs your home' doesnt occur on the continent.

Whilst its an asset for you its a home for the tenant.

Landlords seem to want it both ways, i.e. its an asset that gives me a return via rental but i can take that house off you whenever i want to give to family....

We need protections both ways either via longer leases better contracts and deposit escrow, time to start getting professional in this country.

Wanting to take a property for his own or a family members use does not mean a person isn't a perfessional LL. In fact I'd argue it's more likely that a professional LL would have multiple properties and therefore more likely to have one that might suit a family member.

I also don't think any LL want longer leases, look at the uproar about the extension of part 4 to 6 years. A tenant should not have total power to stay in a property, it might be their temporary home but they don't own it.

Graces7

sullivk wrote: »

Totally agree! Not all landlords are playing underhand games when they need tenants out, some genuinely are selling/moving in/renovating etc. Most of the responses on this thread so far have been encouraging the OP to take RTB appeals/ignore the LL etc.

Why not just speak to the LL like a grown-up adult? If he has declined your offer of a rent increase then likelihood is that he actually does need the property for family. Obviously he needs to give you the correct, appropriate notice to allow you time to find somewhere else to live. I think by being difficult with this you could ruin your chances of getting a great reference for a 6 year tenancy which will greatly impact you finding a new home. Good luck with it!

Amen to this.I am in a roughly similar situation as my landlord told me a while ago he needs to sell this house. I know him and his family well and what his situation is. He has problems with reading etc and I have done all the paperwork for him all along,I did call threshold and they gave me the same advice as you have here; with me over 4 years it was 112 days. And needed properly worded notice etc etc etc.

But unless cornered i was not going to face him with that so just said I would move as soon as I found somewhere, and I am moving this weekend.

And yes he gave me an excellent reference.

It has been very very hard to find anywhere and a huge upheaval and a long way from anyone I know but a roof is a roof.

It is hard to lose your home OP. I know that. Hoping it goes well for you.

MrDerp

Why is everyone so quick to call shenanigans?

1. By the OP's admission it's extremely difficult to source good property in Cork.
2. The OP states that this is in a highly desirable estate in a good suburb

Why is it so far fetched to believe that the landlord's brother-in-law, facing that same market, would not try alternative means to secure somewhere to live other than the open market?

When I moved back to Cork just over 3 years ago, I couldn't get a call back. In the end I built up a rapport with an independent agent and jumped in my car to secure a property on 20 minutes noticed before it even hit the market.

I have no problem believing that a landlord wants to look after a family member with a house in this market.

OP, if I were you, I'd concentrate on getting a gentleman's agreement with the landlord that you can leave within the 20 weeks on 2-4 weeks notice should you secure a property. As you know, you have to be ready to start paying rent within 2 weeks of securing a place at this point, and you don't want some long drawn out property search where everyone tells you it'll take too long for you to move in. Property is being shown vacant in a lot of cases, and your dogs are a complication (we had one too).

pilly

Ms Doubtfire1 wrote: »

I completely agree with that. Mind you though, the private LL on the continent which rent furnitured are not regulated either- no where near to the degree that they are here.the reaosn for that is that there are plenty of properties available - but you're on a waiting list.Depending where you want to go it can go quick or slow. Than you can rent through a real estate agent, in which case you are also protected.If you rent form a private person you don't have that protection at all.The so called rental agencies work with time bound agreements inside the law but there's no overholding.If you don't pay your rent you'll be evicted within 3 month. They can't move you out in between.But the time of the contract is set and can't be terminated other than by mutual agreement.
Thats the problem here I think.Ireland is trying to regulate a private market without having the necessary properties available to fill the gap. Thats very typical as far as can see with every risicolous law the irish government is bringing in.it's shortsighted and a kneejerk response.I am a tenant myself and have plenty of fights with my LL - but usually becaue he wants me to pay things which by law are his obligation - maintenance of the heating system, watercharges because the house is registered as a working farm whilst I have a residential tenancy agreement etc - and I'll always fight him on that.But, at the end of the day, I always pay my rent on time and I stick to the letter of the contract.
In regards to the case on here - Op's main problem is finding a new property with his pet. That i can fully understand.
Therefore, and based on that reason, I would see if a correct notice comes within say 3 weeks.if not, i would dispute the notice thorugh the tenancyboard - it is invalid as
a) The person replacing is not direct family
b) The notice period is too short

And than take it from there.I would meanwhile look for another place and screw the references. I never had any references when I rented.never bothered asking for any.never been a problem.

The 1st thing any good LL is going to look for is references. Don't know when the last time you rented was or what kind of place you rented but this is absolutely essential nowadays. Some places ask for references before they'll even allow you to view the property.

pilly

pilly wrote: »

The 1st thing any good LL is going to look for is references. Don't know when the last time you rented was or what kind of place you rented but this is absolutely essential nowadays. Some places ask for references before they'll even allow you to view the property.

The poster is renting is rural areas afaik where there isn't near the same demand so they probably got away with not having any references

You are wasting your time even ringing up about an ad unless you have reference the way things are now especially in any sort of urban area where demand is massive and a LL will pick and choose who he wants. Someone without references wont even be at the bottom of the list they will be in the bin.