6 day eviction notice on hap scheme

Rosemary 10

Hi all, my work friend and her young daughter was given a 6 day eviction notice by her landlord. She was a good quite tentant availing of the Hap scheme ...council basically sent her out the door with no information on what she can do about it. she has no idea of what to do or where to go and it's not easy to find someone to accept hap either apparently. Anybody know what she can do? None of the local woman shelters have the space for her either. No family and no close friends either that can help her. Her child's father also passed away a few months ago so the child is going to be homeless with her mother this week

njs030

On what grounds was the notice served? Was it non payment of rent?

gizmo81

Was a notice of termination issued? And for what reason?

How long has she been in the property?

If it's for rent arrears there is a 42 day period before a tenant can be evicted, 14 days to correct the arrears, 28 days if after 14 days non-payment

https://www.rtb.ie/dispute-resolution/dispute-resolution/terminating-a-tenancy-for-rent-arrears

If for any other reason the notice period depends on how long she was there

https://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Edit: The Council do not get involved in the landlord/tenant relationship.

Rosemary 10

notjustsweet wrote: »

On what grounds was the notice served? Was it non payment of rent?

No no rent was payed on time every month. She said anti social behaviour and a dog was living there but none of that's true. ( the landlord is local and her fella just got remanded in custody so we're guessing she needs a quick sell of the property for bail money )

Rosemary 10

gizmo81 wrote: »

Was a notice of termination issued? And for what reason?

How long has she been in the property?

If it's for rent arrears there is a 42 day period before a tenant can be evicted, 14 days to correct the arrears, 28 days if after 14 days non-payment

https://www.rtb.ie/dispute-resolution/dispute-resolution/terminating-a-tenancy-for-rent-arrears

If for any other reason the notice period depends on how long she was there

https://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Edit: The Council do not get involved in the landlord/tenant relationship.

About 9 months the property is going up for sale of that changes anything ?

gizmo81

There are strict requirements for the notice of termination for the landlord to sell the property.

Your friend has a Part 4 tenancy as she is there longer than 6 months.

Your tenancy is known as a Part 4 tenancy in the following situations:

It started on or before 24 December 2016 and has lasted between 6 months and 4 years, or
It started after 24 December 2016 and has lasted between 6 months and 6 years
After the first cycle (4 or 6 years) of your Part 4 tenancy has ended, you enter a new cycle – see ‘Further Part 4 tenancies’ below.



To sell,

If your landlord wants you to leave, they must serve you with a valid written notice of termination. The notice can be posted to you, be given to you in person or be left for you at your address. Neither email nor text messages qualify as valid notices of termination. If it appears that you are not living in the property, the landlord can affix the notice to the outside of the property.

Section 62 of the 2004 Act sets down the requirements for a valid notice of termination. 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 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, 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.



The RTB’s sample notice of termination due to intention to sell (pdf) contains the required information and a sample statutory declaration.

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Rosemary 10 wrote: »

About 9 months the property is going up for sale of that changes anything ?

njs030

I think gizmo has given you all the information, she needs to bring a case to the rtb.
Best thing to do would be to call them today.