Facing homelessness

L1925D · 02-02-2019 4:36pm #1

Hi all,

I hope that you will be to offer me some advice. This is my first time posting on boards, I hoping I’m posting in the correct place.

I guess I need some honest help and advice. I’m at the stage where I need to be advised what to do and not “everything will be ok”.

Myself and my partner are on HAP. I work full time while my partner is on disability receives €100 a week.

We have been living in our current accommodation since early 2017. Since April/June last year we entered our HAP tenancy as I had change job due to previous jobs company going into liquidation. Thankfully the job I am now in is secure and permanent.

Just after I lost my job, myself and my partner put our names on the housing list. At first our landlord didn’t agree to HAP but he later contacted us mentioning that he had discussed it with his estate agent, he allowed us on HAP once we entered a new contract. The property had no heating, damp was a issue, 3 of our cooker jobs where not working so we then mentioned it to him but he didn’t pay much attention and brushed it off. He actually said none of the flats in the building had heating. Damp was such a issue that our pillows/ bedding was covered in mould after weeks and I developed sinus issues which I never had before. We wanted to mention it as we were aware that there would be a inspection. We knew in the current market that landlord gave the power and we did not want to cause any issues so we did what we thought at the time was best and said no more.

We were aware of how difficult it is to find somewhere else to live and we were just happy as it wasn’t far from my job, it was near to where my partner received medical attention and it was what we could afford with HAP.

In the last month, the property which we rent was inspected by enviromental health. At the time the inspector said that there wouldn’t be any issues with landlord, that he had a job to comply and that was it.

We recently received a phone call from our landlord telling us that he had sent out a notice in the post which would give the end date of our tenancy. He mentioned on the phone that it will cost him minimum 25k, that he had contacted his contractor already also that said “I know how difficult it is to find somewhere to rent, I’ve family currently looking”. So I’m aware he is trying to cover himself so we are out.

In December, the landlord also contacted us stating that we owed him rent since October. But this was a mistake on his behalf and was later resolved.

I’m really afraid of what will happen. Currently contacting as many Esate agents as I can, but they are all saying the same thing.

My partner has a 9 year old son who visits every second weekend - I feel this is unfair on him also, he wants to stay with his dad for sleepovers but can’t help but worry what affect will it have on him. Can we say it to the council about his son? Or will this be ignored?

Can you offer some advise please. Im trying to do all I can but none of it is getting me anywhere.

Southdubin6 · 02-02-2019 4:41pm

How long have you been with current landlord?

When HAP was approved by one of the council bodies(SDCC,DCC,Fingal,DLR) property is then due to be inspected by council contractor to ensure property is fit for purpose?

Was this done?

He cannot refuse to make the changes as house is classed as inhabitable if these are down as fails, he can also NOT rent it till they are fixed

L1925D · 02-02-2019 4:47pm

Yes, it was with a Dublin council. We were inspected by the council and then a few weeks later received notice to end tenancy.. I know it wasn’t meeting minimum standards but it’s so hard to find somewhere new to rent. Everywhere is far to expensive and it’s hard enough to get a response from agents.

We are will current landlord since January 2017.

Just don’t know what to do.

Southdubin6 · 02-02-2019 4:52pm

L1925D wrote: »

Yes, it was with a Dublin council. We were inspected by the council and then a few weeks later received notice to end tenancy.. I know it wasn’t meeting minimum standards but it’s so hard to find somewhere new to rent. Everywhere is far to expensive and it’s hard enough to get a response from agents.

We are will current landlord since January 2017.

Just don’t know what to do.

Well if council have ruled to end tenancy they won’t pay your HAP. If they have ruled this the property is obviously very bad. If 25k refurb is needed on a property it’s a lost cause. That’s near a whole fit out.

You can’t have a child in an environment that isn’t fit for living in. You both need to have a really long think about your options.

What area are you in? Which council has you placed? Are you using CBL to secure housing? Are you on DAFT and Rent.ie daily.

Contact Estate agents and explain what your looking for clearly state you are reliant on HAP and if any of their properties accept it to please inform you.

L1925D · 02-02-2019 5:03pm

It wasn’t the council that ruled to end the tenancy as far as I’m aware it was the landlord. When speaking with inspector, I asked if it was jobs that could be done while we lived here and she said yes at the time so we didn’t worry to much.

We know it’s not right for a child. Should we mention his child to the council? We are with DCC. Yes, I’ve emailed over 40 letting agents so far, on Daft and MyHome.ie. What’s CBL?

Thank you so much for your advise.

Southdubin6 · 02-02-2019 5:09pm

L1925D wrote: »

It wasn’t the council that ruled to end the tenancy as far as I’m aware it was the landlord. When speaking with inspector, I asked if it was jobs that could be done while we lived here and she said yes at the time so we didn’t worry to much.

We know it’s not right for a child. Should we mention his child to the council? We are with DCC. Yes, I’ve emailed over 40 letting agents so far, on Daft and MyHome.ie. What’s CBL?

Thank you so much for your advise.

CBL is choice bed letting. Has your council not informed you of it.

I know some people emailing 10 12 properties a day.

What is your combined HAP entitlement- has your partner legal access to his son if he does he qualifies for €1870 a month, if marked as homeless priority from the council he will get €1990 a month.

Child should of course be mentioned. The inspector would not make the choice if the flat is good to live in. They will give a report and a recommendation on the likelihood of being fixed.

HAP unit then rule if property is fit for purpose and make the decision to end or resume.

L1925D · 02-02-2019 5:25pm

Southdubin6 wrote: »

CBL is choice bed letting. Has your council not informed you of it.

I know some people emailing 10 12 properties a day.

What is your combined HAP entitlement- has your partner legal access to his son if he does he qualifies for €1870 a month, if marked as homeless priority from the council he will get €1990 a month.

Child should of course be mentioned. The inspector would not make the choice if the flat is good to live in. They will give a report and a recommendation on the likelihood of being fixed.

HAP unit then rule if property is fit for purpose and make the decision to end or resume.

No, CBL was never mentioned to us. We will look into it. Thank you.

I’m not aware of what our HAP will cover. Current rent was €1100 in total. No more was ever mentioned to us as we always thought that €900 was the max with the 20%. I guess that’s why we settled with where we were living. We will have to go to homeless HAP soon so hopefully we will find out more then but to be honest, I didn’t think much into it because I didn’t want it to come to that. My partner has a social worker so might get him to make a appointment to find out more.

We don’t know much about all of this, as mentioned we only signed onto the list in September 2017.

Southdubin6 · 02-02-2019 5:36pm

L1925D wrote: »

No, CBL was never mentioned to us. We will look into it. Thank you.

I’m not aware of what our HAP will cover. Current rent was €1100 in total. No more was ever mentioned to us as we always thought that €900 was the max with the 20%. I guess that’s why we settled with where we were living. We will have to go to homeless HAP soon so hopefully we will find out more then but to be honest, I didn’t think much into it because I didn’t want it to come to that. My partner has a social worker so might get him to make a appointment to find out more.

We don’t know much about all of this, as mentioned we only signed onto the list in September 2017.

I work in the area. €1870 is what your partner would be entitled to and €1990 if you go th homeless route.

L1925D · 02-02-2019 5:44pm

Southdubin6 wrote: »

I work in the area. €1870 is what your partner would be entitled to and €1990 if you go th homeless route.

Oh okay. Thank you again for your help. I’ll mention it to him, is birth cert proof? Just don’t want it to impact child’s mother. Also what is it for a couple?

Southdubin6 · 02-02-2019 5:46pm

L1925D wrote: »

Oh okay. Thank you again for your help. I’ll mention it to him, is birth cert proof? Just don’t want it to impact child’s mother. Also what is it for a couple?

No birth cert isn’t proof. He needs to have an affadavit from the mother or a court order saying he will take the child over night.

Couples aren’t entitled to anything really combined you could push 1100

L1925D · 02-02-2019 5:57pm

Southdubin6 wrote: »

No birth cert isn’t proof. He needs to have an affadavit from the mother or a court order saying he will take the child over night.

Couples aren’t entitled to anything really combined you could push 1100

Ah okay. Thanks. Best check in with council again.

Gatling · 02-02-2019 6:24pm

L1925D wrote: »

We know it’s not right for a child. Should we mention his child to the council? We are with DCC. Yes, I’ve emailed over 40 letting agents so far, on Daft and MyHome.ie. What’s CBL?

Thank you so much for your advise.

Won't make a blind bit of difference the child isn't facing homelessness ,
You've a very long wait before the council look at you's 12 + years wait to be housed in the current climate

Southdubin6 · 02-02-2019 6:29pm

Gatling wrote: »

Won't make a blind bit of difference the child isn't facing homelessness ,
You've a very long wait before the council look at you's 12 + years wait to be housed in the current climate

Not true.

Gatling · 02-02-2019 6:34pm

Southdubin6 wrote: »

Not true.

Very true the child would be considered housed with his mother and the couple would have a 12 + years wait to be housed in Dublin.

This is all fact

L1925D · 02-02-2019 6:36pm

Gatling wrote: »

Won't make a blind bit of difference the child isn't facing homelessness ,
You've a very long wait before the council look at you's 12 + years wait to be housed in the current climate

Yeah, I was thinking that. It has little to do with child in my eyes.. as long as they are safe. I’d just like for them to have the space to stay as 9 years is getting to big to share but we can deal with that after. We need four walls and a roof ourselves first.

Southdubin6 · 02-02-2019 6:42pm

Gatling wrote: »

Very true the child would be considered housed with his mother and the couple would have a 12 + years wait to be housed in Dublin.

This is all fact

I’ve worked in DCC for 11 years. I’ve never seen the wait of a parent with overnight access wait 12 plus. I’ve heard scare mongering. But nice try.

Gatling · 02-02-2019 7:09pm

Southdubin6 wrote: »

I’ve worked in DCC

Not buying it .

Southdubin6 · 02-02-2019 7:11pm

Gatling wrote: »

Not buying it .

I don’t really care, I’ve dealt with LTP, NCBO, HAP (Since inception) I’m well aware of waits. Housing is no longer ran on points which has harvested waiting times. But good scare mongering.

Gatling · 02-02-2019 7:14pm

Southdubin6 wrote: »

I don’t really care, I’ve dealt with LTP, NCBO, HAP (Since inception) I’m well aware of waits. Housing is no longer ran on points which has harvested waiting times. But good scare mongering.

It's based on need and time served on the list ,

Very well aware .

I once met a secret agent on here

Southdubin6 · 02-02-2019 7:16pm

Gatling wrote: »

It's based on need and time served on the list ,

Very well aware .

I once met a secret agent on here

No it’s not. Its actually called the 3 hurdles meet them you will be housed within 6 7 years max.

Gatling · 02-02-2019 7:18pm

Southdubin6 wrote: »

No it’s not. Its actually called the 3 hurdles meet them you will be housed within 6 7 years max.

Care to explain the current 12 + years wait to be housed ,or the facts hundreds are actually waiting longer in Dublin .

No .....

Southdubin6 · 02-02-2019 7:21pm

Gatling wrote: »

Care to explain the current 12 + years wait to be housed ,or the facts hundreds are actually waiting longer in Dublin .

No .....

Give me an example someone waiting 12 years,

I will allow you list for me the average wait for
PH list
HH list
DCC list

Since you’re well aware.

Gatling · 02-02-2019 7:23pm

Southdubin6 wrote: »

Give me an example someone waiting 12 years,

It you have any to ask that .........

Southdubin6 · 02-02-2019 7:24pm

Gatling wrote: »

It you have any to ask that .........

So you can’t, that’s fine no longer engaging with a troll.

L1925D · 02-02-2019 7:30pm

To be really honest, I need consecutive advice. I need to think of the big picture as well as what we’ll be facing in the coming months. Myself and my partner can’t think about 12 years down the line right because we don’t know where we will be in two months which is a huge pressure - I came on here not even been 100% sure if what the landlord is doing is legally right and what I’m rights were as a tenant. As well as then trying to think of my partners child and their relationship. This morning I’ve had a friend in cork offer us somewhere to stay - but then I’d have to leave my job which is a full time permanent position. So to be honest, positive constructive advice is all I can take as I’m sure you can imagine, it’s hard when you don’t know where you’ll be able to sleep at night.

Southdubin6 · 02-02-2019 7:35pm

L1925D wrote: »

To be really honest, I need consecutive advice. I need to think of the big picture as well as what we’ll be facing in the coming months. Myself and my partner can’t think about 12 years down the line right because we don’t know where we will be in two months which is a huge pressure - I came on here not even been 100% sure if what the landlord is doing is legally right and what I’m rights were as a tenant. As well as then trying to think of my partners child and their relationship. This morning I’ve had a friend in cork offer us somewhere to stay - but then I’d have to leave my job which is a full time permanent position. So to be honest, positive constructive advice is all I can take as I’m sure you can imagine, it’s hard when you don’t know where you’ll be able to sleep at night.

Park gate hall, 10-12 Monday morning attend the clinic and explain your story.

fussyonion · 02-02-2019 8:50pm

For what it's worth, Gatling isn't a troll. He has a lot of knowledge on these things and was, or still is, waiting over 10 years to be housed.

4ensic15 · 02-02-2019 10:49pm

L1925D wrote: »

To be really honest, I need consecutive advice. I need to think of the big picture as well as what we’ll be facing in the coming months. Myself and my partner can’t think about 12 years down the line right because we don’t know where we will be in two months which is a huge pressure - I came on here not even been 100% sure if what the landlord is doing is legally right and what I’m rights were as a tenant. As well as then trying to think of my partners child and their relationship. This morning I’ve had a friend in cork offer us somewhere to stay - but then I’d have to leave my job which is a full time permanent position. So to be honest, positive constructive advice is all I can take as I’m sure you can imagine, it’s hard when you don’t know where you’ll be able to sleep at night.

The first thing to do is get a challenge into the RTB regarding to notice of termination. You should get a good lawyer who can find all the faults. That will stretch the process out. Your landlord will have to get on with the work with you in situ.

GGTrek · 02-02-2019 10:55pm

L1925D wrote: »

To be really honest, I need consecutive advice. I need to think of the big picture as well as what we’ll be facing in the coming months. Myself and my partner can’t think about 12 years down the line right because we don’t know where we will be in two months which is a huge pressure - I came on here not even been 100% sure if what the landlord is doing is legally right and what I’m rights were as a tenant. As well as then trying to think of my partners child and their relationship. This morning I’ve had a friend in cork offer us somewhere to stay - but then I’d have to leave my job which is a full time permanent position. So to be honest, positive constructive advice is all I can take as I’m sure you can imagine, it’s hard when you don’t know where you’ll be able to sleep at night.

OP, the other posters just dealt with housing list issues and did not explain in detail what will happen next at the property you are currently renting.

The environmental health officer of Dublin City Council has probably served your landlord with an improvement notice:
http://www.dublincity.ie/housing-and-community-policy-and-initiatives-section/environmental-health

and given your landlord a deadline to perform the works. 25k cost estimate for works means a complete refurbishment of the property you are staying in which means that I seriously suspect that the property is failing the Housing Standards for Rented Accommodation 2008, 2009 and 2017 (please open the links in the web page above) in addition HAP inspections require even higher standards based on latest building regs (subjective depending on stupidity of inspector, but this could be legally challenged). So these are the possible scenarios:

a) very likely, very shortly HAP payments from the council to the landlord will stop and you will receive a termination notice for non payment of rent

b) quite likely and concurrent with scenario (a), the landlord will not want to spend 25k on refurbishment in order to re-let to you at the same conditions, so the council once the deadline expires will inspect again and serve a prohibition notice to the landlord and provide you a copy which will de facto terminate your tenancy since in their opinion the property is not fit for human habitation: http://www.dublincity.ie/housing-and-community-policy-and-initiatives-section-environmental-health/prohibition-notices

I doubt the landlord will spend money on legal fees to appeal the notice, and if you do not move out the council might get an injuction to get everyone to vacate the property (we are talking a few weeks or even days when this happens), this is outside the remit of the Residential Tenancies Act and within the remit of the various Housing Acts, in particular (look for notices):
http://www.irishstatutebook.ie/eli/2009/act/22/enacted/en/print.html
http://www.irishstatutebook.ie/eli/1992/act/18/enacted/en/print.html

c) very unlikely, the landlord decides to perform the work, it is so big that you will have to move out of the property and will receive a termination notice for substantial refurbishment, he/she will have to reoffer you the property, but given the size of the refurbishment and the expense it will likely be offered at full market rent and very much outside HAP limits (there is an RPZ exception for this)

So in all scenarios your stay at your current property is going to end sooner or later.

My suggestion would be to move out of Dublin if possible, it looks like your job is not paying enough for Dublin rents and HAP will seriously hamper your prospects of finding a place (there are a ton of reasons, but I guess you know them). The suggestion to go to the Dublin Region Homeless Executive as soon as possible is also very good one.

GGTrek · 02-02-2019 10:57pm

4ensic15 wrote: »

The first thing to do is get a challenge into the RTB regarding to notice of termination. You should get a good lawyer who can find all the faults. That will stretch the process out. Your landlord will have to get on with the work with you in situ.

Disagree, if the OP tries your strategy the council intervention of scenario (b) above will bypass any RTB delaying strategy

4ensic15 · 02-02-2019 11:04pm

GGTrek wrote: »

Disagree, if the OP tries your strategy the council intervention of scenario (b) above will bypass any RTB delaying strategy

The council will not want to make the o/p homeless. A registered tenancy under the RTB can only be ended by the machinery of the RTB. The council will refrain from taking action if the landlord starts on the work. If the courts order the o/p out he can claim compensation at the RTB from the landlord. If the o/p gets a good enough lawyer on board he can broker a deal between the council and the landlord.

Facing homelessness

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