Homeless and excluded from Co-owned Property

TX1

My situation is quite unusual. I purchased a property with a former partner 10 years ago. We separated 2 years later and the property was rented out. We have both since married our current partners and no longer communicate. The property I rent has been put on the market and I am unable to find suitable accommodation in the same area. I am now homeless. I wish to return to the property I co-own so as my daughter can remain in the area close to her family, friends and school.

However, the property which I am a co-owner is currently occupied by the brother of the other owner and no tenancy is in place. He covers the mortgage and has two children that stay with him every second weekend. However, he has a house in the same town that is rented out as he cannot afford the mortgage payments on his own which is why he moved to my home. I need the premises vacated as soon as possible but I am unsure how to proceed and any advice would be greatly appreciated by me and my family as there is no other alternative.

I issued notice via a solicitor and he ignored it. My solicitor said as there was no objection I was free to move in. However, when I tried to enter the locks had be changed a a spyhole had been installed on the door. I had TRS removed but the other person had not and it is still being applied on the basis that they have told revenue they are still living there. I registered the tenancy and attempted to resolve the dispute that way.

However, the brother confirmed to both the PRTB and to my solicitor in writing that there is no tenancy and that he is living there under the Rent a Room Scheme and that the other co-owner has resided there since 2013. This is a lie. They have resided in Dublin with their partner and child since 2011. This was done, I imagine, as a means to not pay revenue due to the property making a profit. I am so stressed and homeless for almost 3 months now.

Has anyone experience on having the locks changed. I have evidence that I informed the other co owner to remove their TRS and the reply saying they would not. The rent is 300 more per month than the mortgage repayments. The co owner is keeping these payments and not declaring income tax, receiving TRS illegally and failing to register the tenancy. They have now requested I remove my name or they will force a sale. It is in negative equity but the property is making a large monthly profit. My main concern now is getting accommodation for my daughter and myself as we are sleeping in a friends living room.

Any advice appreciated. I have paid my share of additional expenses over the years which amount to over 5000. I have also paid over 50,000 in rental payments during the whole period I have been excluded from the property. My solicitor has told me that as notice has been served, and as the brother has confirmed that no tenancy exists that I am free to enter the property and change the locks. Is this correct?

jameorahiely

Your solicitor would know better than anyone here. Follow their advice.

GM228

You asked the same questions two months ago.

http://touch.boards.ie/thread/2057686421/1

Sebastian Dangerfield

Sorry if Im mistaken OP, but didn't you post the same question a few weeks ago? You probably wont receive any feedback that wasn't provided then (if so).

hullaballoo

I have edited in paragraphs to make your post more clear but I have to confess that I haven't and won't read your post because it is still just a wall of text.

Can you try and distill what you are asking into one or two sentences?

Edit: never mind. Thread closed.

OP, please do not start duplicate threads here.