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County council are happy with their tenants overholding

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    #92
    doolox
    Closed Accounts Posts: 2,350 ✭✭✭doolox


    ...so the utilities cannot be turned off and the house has to be maintained in a habitable state as long as the rent is being paid and the tenants comply with all the other terms of the lease regarding behaviour, parties, noise etc.

    Since the tenants are paying their utilities it is up to the suppliers to decide the status of the connections for Gas and water etc. I think the landlords permission is needed to switch suppliers but do not know if this is legally binding.

    Any strategy which tries to damage the house to make the tenants leave would be extremely unwise, especially if the tenants have friends and family in the locality.

    I do not know the financial circumstances of the landlord but if a case can be made for urgent need of liquid cash from the sale of the house for living or health reasons, you might need to pay a costly care or health bill etc then you might be able to make a legal case to get the council to buy you out or rehouse the tenants quickly. They will probably not be in any hurry otherwise as indeed is the case with most tenancies.


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    #93
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Also from my meeting with the council on Friday it sounds as if the council will be 100% blaming the tenants for overholding even though it's in the contract that the council are responsible for keeping a roof over the tenants heads. It's a complete shambles of a set up , made a lot worse because of the current crisis in housing. It's as if the council and tenants are in no rush knowing that they can overstay the termination notice.


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    #94
    the_syco
    Registered Users Posts: 37,296 ✭✭✭✭the_syco


    Baralis1 wrote: »
    I'm afraid that I've little sympathy for the landlord. You are effectively trying to make this family homeless. If you planned to sell up, you should have thought of that before this family made your property their home
    This is why less landlords are taking on HAP.
    hawkelady wrote: »
    It's as if the council and tenants are in no rush knowing that they can overstay the termination notice.
    As I've said, ask your solicitor if you can use the sheriff to evict the family, because there's no reason for them to move for the next 4 years otherwise!


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    #95
    Claw Hammer
    Registered Users Posts: 6,175 ✭✭✭Claw Hammer


    the_syco wrote: »
    This is why less landlords are taking on HAP.


    As I've said, ask your solicitor if you can use the sheriff to evict the family, because there's no reason for them to move for the next 4 years otherwise!

    The Sherrif can only act on foot of a court order. A person can't just go to the Sherrif and say "evict so and so from my house!"


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    #96
    padd b1975
    Registered Users Posts: 10,715 ✭✭✭✭padd b1975


    Caranica wrote: »
    My next stop would be the media on this one. The journal would jump at that story. Might get it sorted faster and without any legal fees

    It worked for Erica Fleming.


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    #97
    the_syco
    Registered Users Posts: 37,296 ✭✭✭✭the_syco


    Claw Hammer wrote: »
    The Sherrif can only act on foot of a court order. A person can't just go to the Sherrif and say "evict so and so from my house!"
    I said for them to ask their solicitor if they can use the sheriff to evict the family, as a termination order has been used, and so I'd assume that the next step would be to get a determination order, wait 21 days, and then the OP's solicitor can apply to the local circuit court for an eviction order, and pay for the sheriff.


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    #98
    Claw Hammer
    Registered Users Posts: 6,175 ✭✭✭Claw Hammer


    the_syco wrote: »
    I said for them to ask their solicitor if they can use the sheriff to evict the family, as a termination order has been used, and so I'd assume that the next step would be to get a determination order, wait 21 days, and then the OP's solicitor can apply to the local circuit court for an eviction order, and pay for the sheriff.

    There is no court order therefor the Sherrif doesn't come into it at this stage. Getting a determination order from the RTB takes time. Applications to the Circuit Court take time. All of this assumes that the o/ps Termination Notice is valid. It may not be and the whole thing will start again.


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    #99
    Cunning Stunt
    Registered Users Posts: 1,292 ✭✭✭Cunning Stunt


    Caranica wrote: »
    My next stop would be the media on this one. The journal would jump at that story. Might get it sorted faster and without any legal fees

    OP I think you should really consider this option.


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    #100
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Cunning Stunt wrote: »
    Caranica wrote: »
    My next stop would be the media on this one. The journal would jump at that story. Might get it sorted faster and without any legal fees

    OP I think you should really consider this option.

    I'm fairly sure I'd be slated for evicting people. I might do it as a last resort if my solicitor hits a dead end.


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    #101
    cursai
    Registered Users Posts: 2,915 ✭✭✭cursai


    Farmer Bob wrote: »
    Absolutely moronic advice. Can you really be that stupid?

    Yes?


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    #102
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Just to update ,,, my solicitor was in talks with the council a few times. He called me yesterday to say he has hit a brick wall. Everything is in writing which I can use I suppose but basically the council have said it's their main concern and legal requirement that they house the tenant !! If they overhold because they can't get anywhere else , so be it. The council are keen to say that it might not happen but it's a tough market and the area that the tenant wants to move to is a very highly sought after area !! I'm also aware that the tenant has been in touch with Richard Boyd Barrett which makes me despair even more.

    The media might be an option in the future after all. Expect me to be hung drawn and quartered on O'Connell bridge at midday !! (For the sensitive , that was humour )


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    #103
    c.p.w.g.w
    Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    Can the OP try and get the council to buy his house... Since there is such a shortage of council housing?


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    #104
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    c.p.w.g.w wrote: »
    Can the OP try and get the council to buy his house... Since there is such a shortage of council housing?
    They have been asked by me and my solicitor and the council have said that they are interested in putting in an offer but the councils rules are that the property has to be vacant before they put in an offer !

    I know I know. Madness


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    #105
    Dardania
    Registered Users Posts: 3,612 ✭✭✭Dardania


    Would any of the housing associations buy with a sitting tenant?


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    #106
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Dardania wrote: »
    Would any of the housing associations buy with a sitting tenant?

    They have to follow Department guidelines- and under no circumstances are they allowed to purchase a property unless they have vacant possession of the property. The pre-existing tenant- does not have priority for the particular property- its the next on the list of priority from the local authority.

    No- is the short and simple- they need vacant possession.


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    #107
    c.p.w.g.w
    Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    The council bought the house next to my mother, and it's been occupied during the whole process, and the council are leaving the tenant stay as she is a HAP or some other housing benefit. The tenant had lived there for the previous 12 years and continues to live there


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    #108
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    I wouldn’t involve the media hawklady, you’d be crucified.

    Are you within your rights to up the rent? Throw in legal costs and admin costs?


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    #109
    KellyXX
    Registered Users Posts: 365 ✭✭KellyXX


    hawkelady wrote: »
    Just to update ,,, my solicitor was in talks with the council a few times. He called me yesterday to say he has hit a brick wall. Everything is in writing which I can use I suppose but basically the council have said it's their main concern and legal requirement that they house the tenant !! If they overhold because they can't get anywhere else , so be it. The council are keen to say that it might not happen but it's a tough market and the area that the tenant wants to move to is a very highly sought after area !! I'm also aware that the tenant has been in touch with Richard Boyd Barrett which makes me despair even more.

    The media might be an option in the future after all. Expect me to be hung drawn and quartered on O'Connell bridge at midday !! (For the sensitive , that was humour )

    I bet the media will get involved alright but it will be Boyd Barret calling them first and you'll be crucified alright.


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    #110
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Strawberry Milkshake wrote: »
    I wouldn’t involve the media hawklady, you’d be crucified.

    Are you within your rights to up the rent? Throw in legal costs and admin costs?

    Can't do that .. the rpz etc.

    One thing my solicitor said was that if I had said I want the property back so I can live in it I might have a quicker resolution but the fact that I want to sell it the council will see it as a " no rush" case.


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    #111
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    I’m getting out of the game as soon part 4 is up. Too one sided as it is and I can only see it getting worse.


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    #112
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,020 Mod ✭✭✭✭pc7


    Jesus OP that really is brutal, if you have written proof the council are suggesting they 'might overhold' I'd risk Joe Duffy before Boyd Barrett or the likes pipes up. Terrible stressful situation, is it possible to take a case against the council for mental stress??


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    #113
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    pc7 wrote: »
    Jesus OP that really is brutal, if you have written proof the council are suggesting they 'might overhold' I'd risk Joe Duffy before Boyd Barrett or the likes pipes up. Terrible stressful situation, is it possible to take a case against the council for mental stress??

    I have written proof all right. Joe Duffy would be on the tenants side and he'd have every Bernie in Dublin calling in saying how awful I am for evicting someone ! It's a balls

    I hope we haven't gone full American just yet with the mental stress stuff ! I'm sure some lawyers would see dollars but I'm a firm believer in fairness so suing someone wouldn't be something I'd like to do here ...


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    #114
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Oh I asked the council is it legal what they are planning to do and was told that " its come from the top that it's government policy ". Listen , if my solicitor hit a wall I can't see any way this is going to end like it's meant to !! I have his costs now too.
    Hint to future landlords. Do not deal with the council ! Rent it privately.


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    #115
    Dardania
    Registered Users Posts: 3,612 ✭✭✭Dardania


    hawkelady wrote: »
    Oh I asked the council is it legal what they are planning to do and was told that " its come from the top that it's government policy ".  Listen , if my solicitor hit a wall I can't see any way this is going to end like it's meant to !!  I have his costs now too.  
    Hint to future landlords.  Do not deal with the council !  Rent it privately.

    Just as well we have a separate judiciary


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    #116
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    The council are still paying the rent though aren't they. Would be a lot worse if they weren't. Some LLs are in that situation.

    The council find it hard to get LL to rent to them now. It will impossible soon.


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    #117
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    beauf wrote: »
    The council are still paying the rent though aren't they. Would be a lot worse if they weren't. Some LLs are in that situation.

    The council find it hard to get LL to rent to them now. It will impossible soon.

    Indeed. Yes I'm still getting rent , I'm also still paying tax on it and it's crippling !


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    #118
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #119
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    ....... wrote: »
    This post has been deleted.

    What is the point of option 3? The tenant will overhold if they get notice.


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    #120
    .......
    Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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    #121
    Dardania
    Registered Users Posts: 3,612 ✭✭✭Dardania


    ....... wrote: »
    This post has been deleted.

    See OPs update above where it will be seen as more urgent if she needs to move back in.

    A 4th option might be to stop paying the mortgage on it and let the bank move on it - the bank might have more power to insist to the council that it is sold.[/quote]
    Cutting your nose off to spite your face?


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