Should I go to the Ombudsman about the County Council?

Trampus

Hi there, I'm interested to get some opinions on what is happening to me at the moment. I own a house which I've rented out for the last few years. I know what to move back in. I gave my tenant 6 months notice plus a couple of extra weeks. She says she is unable to find somewhere else to live and actually went to the council's homeless section to see if they could help her. The council told her not to leave my house despite it meaning she would be breaking a legal contract.

What I want to know is would this be worth going to the Ombudsman about and do you think anything would come of it? My tenant (who I still want to strangle) is only going on advice she received from the council. How can it be legal for them to advise her to practically squat in my house?

Any opinions gratefully received.

AugustRain

https://www.boards.ie/discussion/2058408970/should-i-go-to-the-ombudsman-about-the-county-council

I sincerely doubt that anyone in her local authority told her to overhold on your property.
She’s telling you fibs.

Mrs OBumble

https://www.boards.ie/discussion/comment/123424056#Comment_123424056

They didn't phrase it like that, but I have no doubt that the council gave exactly the the advice to stay put. If the tenant moves out, the council will have to house them. The council doesn't have any spare houses, either, so their first advice will be to stay put.

T-Maxx

Whatever someone in the council may have said or hinted at is irrelevant. Even if it did somehow the council is not a party in the letting of your private property.

Jim_Hodge

You couldn't go to the Ombudsman based on hearsay.

Kaisr Sose

She would not be squatting ,she would be overholding.

If you want the tenant gone, you need to start the overholding process with the RTB, getting a hearing date, and hopefully a vacate date if they find in your favour.

Whatever you do, don't strange her! 😄

Claw Hammer

It happens all the time tenants are told to overhold, whether it is a public authority or other person or body.
it is part of being a landlord to have interference.

coylemj

The Ombudsman can't help you. Even if you got the name of the official in the homeless section and they didn't outright deny what your tenant said (which they most certainly will) and that official got a slap on the wrist, how is that going to help you get the tenant out?

You're wasting your time chasing the wrong target, your beef is with the tenant. Go to the RTB.

Claw Hammer

I know of a tenant who was told to overhold despite a Determination Order from the RTB. Generally the councils will only house people on their list when the Sherriff is on the way to throw them out. The landlord initiated a private criminal prosecution. She was due in court after 4 weeks. The council got a new house for her within 4 days and the landlord dropped the charge.

Trampus

TThe Council 100% told her to stay put. It happens all the time apparently. And I have already gone the RTB.And I know it isn't technically squatting but that's how it feels to me. I just dont feel like the council should get away with giving people this "advice". They are basically encouraging vulnerable people to break a legal contract and potentially end up in court. Plus what it does to the homeowner.

steinbock123

Welcome to the world of the landlord in the Ireland of 2025 . . . . .

Marcusm

https://www.boards.ie/discussion/comment/123424118#Comment_123424118

It’s not irrelevant, if it happened sufficiently often then It is probably the tort of misfeasance in public office.

lucalux

I was trying to get the council to assess me for homelessness when I was being evicted (no fault) and they told me the exact same.

Told me to contact them when or if the bailiffs were called.

Have none of that in writing of course

I only managed to get them to assess me when a politician intervened on my behalf, they had me assessed an hour later after literal months of facing nowhere to stay

They are on their own side, not tenant's, not the landlord's... They are unbelievable. They tell outright lies, obfuscate and deny facts.. It's a nightmare, wish I had evidence of the calls and conversations

Sorry op no help to you but just know I didn't want to be in that situation and I didn't want more stress to be caused.

I knew the council had an obligation to assess me and even that was an issue - not to mention offering homeless accommodation. They told me there was no way they would house me, that there was no way I'd have access to homeless accommodation and that I should sleep in my car if not over holding or if evicted by the sheriff

Until they got a call from someone who knew that was bolloxed, then I was in homeless accommodation that night, loads of rooms free, wasn't even that they had to pay a B&B

Anyway, best of luck

Trampus

https://www.boards.ie/discussion/comment/123428352#Comment_123428352

Thank you lucalux, that's a shocking position for them to put you in and I'm very glad you got sorted. I cant imagine the stress you had to go through and it shouldn't have to take the intervention of a TD to get you what you were entitled to. I might do that myself but I doubt they will be willing to do as much for me as I'm the landlord (even though I will technically left homeless myself in a few weeks time(.

I absolutely know the girl in my house would never have considered doing this if not for the advice she was given my the council. How is it not against the law for a state body to encourage some to ignore a legal notice? My mind is boggling to be honest.

Peregrinus

Think this through, though.

Why is she talking to the council at all? Because she wants the council to house her.

The council doesn't want to have to house her. There's a housing crisis in Ireland, and huge numbers of people in need of housing. The council's resources are very limited. They prioritise the most urgent cases, because what else would you do? So they only assess people for housing who are currently homeless, or inevitably will be imminently. Which means, if you're in residential accommodation, they won't assess you unless you get evicted, or are about to be evicted. If you leave voluntarily, at the end of your term or after losing a case in the RTB, they will still prioritise evictees over you.

So, what the council says to her is "we won't assess you unless you have been evicted. If you leave voluntarily you will not improve your situation as regards getting assessed; you may make it worse".

In terms of what the council will do for her, that's the correct advice to offer. if they said anything different, they would be misleading her.

In other words, the design of the system incentivises councils to encourage tenants to overhold. And, no great surprise, councils respond to that incentive. If you want the councils to offer different advice, you have to change the system they are advising about, so that different advice becomes appropriate.

meat eating green

what about the RTB?

Is that not the relevant body?

meat eating green

link to rtb

https://www.rtb.ie/

Claw Hammer

https://www.boards.ie/discussion/comment/123430927#Comment_123430927

What do you expect the RTB to do?

scottser

Have you spoken to your Local Authority about buying your house with the tenant in-situ?

Claw Hammer

https://www.boards.ie/discussion/comment/123432399#Comment_123432399

Given that she wants to move into the house herself, how would that help her?

scottser

I thought I deleted that lol.

https://www.boards.ie/discussion/comment/123424070#Comment_123424070

I think the situation is if the tenant moves out voluntary they are deemed by council to have made themselves homeless

BlueSkyDreams

https://www.boards.ie/discussion/comment/123430904#Comment_123430904

This is true, but there is still a difference between encouraging a tenant to overhold and simply explaining the implications of all options.

If the council are only explaining the options and likely outcomes, that would be fair and reasonable practice.

I think the OP believes that the Council are activley advising overholding (I may be wrong OP), which is very different than simply stating facts and outcomes.

Either way, it's very clear we need to ramp up house building & it is no wonder that so few people want to be a landlord in Ireland any more!

Trampus

No they told her not to hand back the keys. On two separate occasions. That's what she has told me anyway and I have no reason to disbelieve her.

Peregrinus

https://www.boards.ie/discussion/comment/123437315#Comment_123437315

"If you want us to assess you for emergency housing, you should not leave voluntarily; you should wait to be evicted" is likely the gist of the advice she was offered. She will certainly understand that as advice not to hand back the keys.

AndrewJRenko

https://www.boards.ie/discussion/comment/123437315#Comment_123437315

You can't go to the Ombudsman until you exhaust local complaints process. Have you raised a formal complaint with the LA?

Kaisr Sose

I am not sure the council will not house you if you leave voluntarily. The RTB issued a determination in my favour to a HAP tenant who was overholding and refusing to leave. The council housed them before the imposed vacate date.

Raichų

https://www.boards.ie/discussion/comment/123480353#Comment_123480353

You are correct the council won’t house someone they deem intentionally made themselves homeless. What that means is frankly at the behest of the housing officer concerned, but generally speaking it means if you just vacate for no reason or cause yourself to be evicted by breaching your obligations (ie not paying rent, anti social behaviour).

Abiding an RTB order or even a legal eviction notice is not deemed as making yourself homeless it’s complying with the law. The council however are infamous for telling tenants to sit tight until the knock happens. It’s the same in the UK, tenants facing eviction ring the housing dept of the local council and are told (in more appropriate terms) just wait til the bailiffs come.

They’ll house you if they have to but jaysus will they drag the bollox out of it.

Trampus

https://www.boards.ie/discussion/comment/123480353#Comment_123480353

But she wouldn't be leaving "voluntarily". She would be complying with a legal notice to quit. Honestly, it's a complete shitshow, the while thing. In my opinion, it's cheaper to pay the rent than house someone in emergency accommodation and makes the council's homeless figures look better to boot. Meanwhile, the landlord who has acted correctly is f**ked over. Great country we live in 🙄🙄