Facing homelessness

GGTrek

4ensic15 wrote: »

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.

The fact is that once the HAP payments stop, if the OP cannot pay the full rent on her own, even damages awarded by RTB agaist the landlord will not save her from a valid rent arrears termination notice.


Homelessness is not a primary concern of DCC Env Health Inspectors, their primary concern is the fitness for human habitation of the property and they will request an injuction if the situation is serious and the landlord decides not to fix (it appears to me that the OP's landlord is not willing at all to perform the work or might not have the money to perform it). Look what happened to 70 tenants in an overcrowded and non fit for human habitation house:
https://www.independent.ie/irish-news/courts/serious-sewage-problem-at-overcrowded-house-where-up-to-70-residents-were-living-court-hears-35418083.html


Council sought injuction (vely likely against landlord and occupants) and everybody was out at very short notice, it is then up to the tenants (after they are out) to take the time to seek damages against landlord. What you are saying that a tenancy can only be ended by RTB is incorrect in such cases if the situation at the OP's property is so bad (i.e. so unfit) to require a complete refurbishment. Courts can bypass the RTB process in such serious cases since the law applied is not the RTA.

Gatling

If the op goes to the homeless executive they will pass them on to threshold for advice ,
The council won't help until the op is actually homeless and not before based off personal experiences ,
And if the property is as bad as the op claimed full of mould and no heating why anyone would want them to drag it out , health hazard to themselves and the child thats stays on other weekends .

As much as it doesn't sound nice this is how it works,
The council don't prevent homelessness for private tenants they will pay for emergency accomodation when it's required but not before becoming actual homeless

4ensic15

The o/p is not in an overcrowded situation. The landlord has said he has instructed his contractor so there is no question of the landlord not having money to do the work. The environmental officers will have given the landlord a list of works. They will only make a closure order if the landlord is doing nothing and if an injunction is sought in the courts, the courts will only do it on grounds of gross overcrowding or fire safety.
If the council stop paying the rent the landlord will not succeed in removing the o/p on grounds of non-payment since it is his own breach of the regulations which is causing the situation. The RTB would allow the rent to the o/p in a counterclaim.

Creol1

I'm not sure this is the place to give the OP definitive legal advice about the situation. Even if it is the case that the RTB would not have jurisdiction over the case, there is nothing to lose in doing so and it could buy vital time.

Cyrus

Am I understanding correctly here .

You have 1100 hap allowance plus whatever you can afford to contribute yourself from income ?

Have you been looking for a new place to rent or just assuming you won’t be able to get one ?

L1925D

Cyrus wrote: »

Am I understanding correctly here .

You have 1100 hap allowance plus whatever you can afford to contribute yourself from income ?

Have you been looking for a new place to rent or just assuming you won’t be able to get one ?

Hi, no. HAP pays €900 and I pay my contribution to council and the extra to meet the rental amount - which in total is €1100.

I’d pay more if we found somewhere to say yes to us. I’ve looked and I am still looking. Looked for 6 months when landlord first refused HAP and I am looking now, every add that appears online that I know we could afford I’m applying for. While the adds are slow to appear I’m emailing letting agents - telling them about us they then ask for our budget and some do get back to me but it’s always the same thing “we don’t have anything at your budget”. I’m not kicking my heels as I’m been pushed out the door, I’m looking really hard. So much so any time I get to relax I’m online looking for places or advice - it’s really stressful.

The reason I’m here on boards is that I’m afraid I’m missing out on something that I could be doing.

Thank you all for your time by the way.