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Can anyone recommend a good legal team to assist with ending tenancy please

  • 11-03-2022 5:39pm
    Registered Users Posts: 21 Wanderingmind


    I am looking for recommendations for a legal team to assist with ending a tenancy. The landlord is incapacitated so the preference would be to employ someone experienced to act on behalf of the landlord.

    If anyone wishes to recommend by pm please feel free to do so.



  • Registered Users Posts: 957 ✭✭✭ redarmyblues

    You need to say where the house is.

  • Registered Users Posts: 9,414 ✭✭✭ Caranica

    Recommendations are against the charter 😉

  • Registered Users Posts: 21 Wanderingmind

    Meath / Cavan

    Even a pm would be helpful

  • Registered Users Posts: 957 ✭✭✭ redarmyblues

    You might be better off asking on the local board or ask in the locality. You won't need a legal team a local legal general practitioner will do, it is not a complicated job.

  • Registered Users Posts: 21 Wanderingmind

    Thanks I would just like to hand the issue to someone with experience in this area and let them look after things on behalf of the landlord.

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  • Registered Users Posts: 5,744 ✭✭✭ Claw Hammer

    It can be extremely complicated and many local solicitors wouldn't have a clue if it is a residential property. I know solicitors who paid a barrister to get a tenant out of their own property.

  • Registered Users Posts: 5,744 ✭✭✭ Claw Hammer

    Is it a residential property? I can recommend a lawyer who specialises in getting tenants out.

  • Registered Users Posts: 21 Wanderingmind

    Wow that's quite shocking.

    Yes it's a residential property and I would like to leave it to someone experienced to act on behalf of the landlord because from what I've read it seems if you make a mistake you are punished however tenants appear to be free to do as they like.

    PM if necessary

  • If the landlord is incapacitated, do you have power of attorney to instruct a solicitor on their behalf?

  • Registered Users Posts: 21 Wanderingmind

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  • Registered Users Posts: 957 ✭✭✭ redarmyblues

    OP lots of nonsense coming back here, this is hardly the law of swans, I am bowing out, get a recommendation for a good local (wo)man.

  • Registered Users Posts: 456 ✭✭ The DayDream

    You really don't need to be a legal eagle to interpret the Residential Tenancies Act, it spells things out in pretty plain English. I have become well versed in it myself from having to deal with landlords (including two who served invalid evictions).

    You could also contact Threshold or the PRTB and they will tell you what rules apply in this instance. For ending tenancies there are rules regarding what constitutes valid notice and what notice periods they are entitled to based on length of tenancy, are they Part IV and what contract is in place.

    It's actually not true at all that tenants can 'do whatever they like', unfortunately some don't understand that 'what they like' is to not have their entire life disrupted at the whim of a landlord who thinks they can turf them out for any reason without giving them enough time to find other accommodations. Having to move against your will is incredibly stressful at the best of times, in the current climate it's purely horrific.

    Does the tenancy have to end because the landlord is incapacitated? What's your involvement are you taking over the estate or something?

  • Thats good, its the first thing any solicitor will ask you for!

  • Registered Users Posts: 21 Wanderingmind

    I'm married to the landlord and he wishes to put his affairs in order. It is not personal, I hold nothing against the people living there. The bank had offered something called Assisted Voluntary Surrender subject to vacant possession so unfortunately the tenant must leave.

  • Registered Users Posts: 666 ✭✭✭ CreadanLady

    @The DayDream You are technically right that tenants cannot "do what they like", as in yes, they have certain obligations in respect of notice, caring for the property, paying rent etc... But in the real world what happens is that landlords who fall foul of rogue tenants find that there is little or no recourse for pulling up a tenant who goes rogue. Sure, build a case and bring them to court - but that is a futile exercise because what is the point of getting a judgement if the tenant hasn't got the means to pay out on it, or simply refuses to pay. That is if you can even get them into court - some will just evaporate into the night never to be heard from again leaving a trashed house and thousands in arrears behind them. And even if you get them in court, the courts and the legislation is staggeringly biased in favour of the tenant. So land lords are in a no-win situation. So basically, for practical purposes, tenants who are sufficiently brass necked and steel balled, can do whatever the hell they want and the chances are they will get off scot free. Leave tens of thousands in arrears, trash the house, subject neighbours to daily terrorism and intimidation etc.

    The MFV Creadan Lady is a mussel dredger from Dunmore East.

  • Registered Users Posts: 7,487 ✭✭✭ Flinty997

    Yes they have to leave because it makes it almost impossible to sell otherwise. Also will hurt the value of the property if you do manage to sell it.

  • Registered Users Posts: 12,002 ✭✭✭✭ Dav010

    Deciding to sell is hardly a whimsical decision, and the benefits of vacant possession are well established.