Threatened eviction from council

Sheep1978 · 10-07-2018 07:59AM #1

My parents have recently been told they are over 6k in arrears with the council on their rent payments. Long story short - my siblings (and niece) who still live there, were extremely slow in getting updated employments records and details of income into the council. So backdated calculations mean they are now over 6k in arrears.

The council are threatening them with eviction should they not sign up to pay an additional 250-400 per month going forward to clear the arrears. This is a very big sum to my parents. While they are not questioning the arrears or refusing to pay, they want/can only pay less then the demanded amount per month. What are their rights here, if any.?

endacl · 10-07-2018 08:02AM

First step would be letting your siblings and niece know that they’ll be making up the shortfall.

mickuhaha · 10-07-2018 08:03AM

Tell them to take out a loan for 6000 for 5 years and pay it off. can pay it back 150 a month to bank. Problems solved.

Sheep1978 · 10-07-2018 08:03AM

endacl wrote: »

First step would be letting your siblings and niece know that they’ll be making up the shortfall.

I'll have a word with my 2 year old niece tonight

Fann Linn · 10-07-2018 08:03AM

I'd suggest they go in and try and make an arrangement. Depending on their history this may or may not be feasible.

Hitman3000 · 10-07-2018 08:04AM

Sheep1978 wrote:

My parents have recently been told they are over 6k in arrears with the council on their rent payments. Long story short - my siblings (and niece) who still live there, were extremely slow in getting updated employments records and details of income into the council. So backdated calculations mean they are now over 6k in arrears.

Tell your siblings and neice to meet the increased rent. If they are earning it is a damn sight less to pay than a private rental.

GerardKeating · 10-07-2018 08:05AM

mickuhaha wrote: »

Tell them to take out a loan for 6000 for 5 years and pay it off. can pay it back 150 a month to bank. Problems solved.

Perhaps if they had the good credit to take a 6K loan, they would not have an issue with the rent

10-07-2018 08:07AM

Sheep1978 wrote: »

I'll have a word with my 2 year old niece tonight

You said this:

Long story short - my siblings (and niece) who still live there, were extremely slow in getting updated employments records and details of income into the council.

10-07-2018 08:08AM

GerardKeating wrote: »

Perhaps if they had the good credit to take a 6K loan, they would not have an issue with the rent

There is no reference to credit problems just slowness updating employment records (suggesting they are in employment)

The arrears will be clearly split between them - ask the adults how they want to clear it.

Sheep1978 · 10-07-2018 08:09AM

Hitman3000 wrote: »

Tell your siblings and neice to meet the increased rent. If they are earning it is a damn sight less to pay than a private rental.

there is no issue with the increased rent. My question is with the arrears and how soon the council can demand complete payment with threatened eviction.?

Hitman3000 · 10-07-2018 08:10AM

Sheep1978 wrote:

I'll have a word with my 2 year old niece tonight

Reread your first post, might be helpful if you were clearer.

mirrorwall14 · 10-07-2018 08:10AM

Is that 6k in arrears or a total of 6k in arrears and penalties? Because honestly 6k in arrears is completely nuts in council housing and this issue appears to have been going on a long time to let that build up. They all need to go and sit down with the council ASAP and get this sorted. If it includes penalties then they may be able to appeal to have them reduced. If its arrears then they are owed, particularly if they didn't update their details

Hitman3000 · 10-07-2018 08:12AM

Sheep1978 wrote:

there is no issue with the increased rent. My question is with the arrears and how soon the council can demand complete payment with threatened eviction.?

If they enter into a repayment plan, the eviction threat will be dropped if they don't it depends on the speed of the council to escalate and the courts schedule. Why allow it go that far?

MarkR · 10-07-2018 08:13AM

Without knowing more than what you've posted, we can't offer any meaningful advice. There are some options.

The pay the outstanding amount immediately, perhaps through a loan
They come to an arrangement with the council, to pay it off over time.
They come to an arrangement, to pay a lesser amount.
They pay nothing and get evicted.

Try contacting MABS perhaps?

Sheep1978 · 10-07-2018 08:15AM

mirrorwall14 wrote: »

Is that 6k in arrears or a total of 6k in arrears and penalties? Because honestly 6k in arrears is completely nuts in council housing and this issue appears to have been going on a long time to let that build up. They all need to go and sit down with the council ASAP and get this sorted. If it includes penalties then they may be able to appeal to have them reduced. If its arrears then they are owed, particularly if they didn't update their details

I believe it is just arrears. As I said, they are not questioning if they are owed or refusing to pay - but can not afford to pay what the council want them to pay in terms of the timeframe. They want (can only afford) to pay less over a longer period of time. Can or would the council evict.?

munsterbear · 10-07-2018 08:15AM

Dublin City Council only charge 15% of the a person's take home pay, and all subsidiary earners have their rent capped at E19 per week. So if all councils are similar it must be a substantial income and for a long time to add that amount to arrears.

Consider the arrears as an interest free loan and as previously suggested make sure all the adults in the property contribute. I would suggest as pro rata to their income, not to their apportioned rent if there is capping.

At the end of the day, they are living in subsidised housing and there is no excuse for letting it go so long. Every statement that goes out, and every letter from the council which there would have been plenty before threat of eviction remind the tenant to provide all relevant income docs.

John Hutton · 10-07-2018 08:21AM

Sounds like someone got caught rapid in not telling the council about increased income for a very very long time to accrue that amount. For such a figure it's not a case of forgetting for a month or two.

Perhaps they should vacate the property and let some other people move in who won't take the piss.

Or else find someway to pay it immediately. Is there a car to sell? Expensive TV or electronics? If you pay some of it off with a lump sum the monthly repayments can be agreed at a lower amount given a lower overall sum will be paid in installments

sexmag · 10-07-2018 08:26AM

Th adults in the house need to pull their finger out and make up the shortfall.

This is a problem they created and have put your parents in the fire line.

Your parents should make them pay and thats really the end of it

_Brian · 10-07-2018 08:29AM

Parents and adult siblings living in a council house and can’t keep with the rent.

Eviction is the correct next step, it teaches a lesson and opens a property to those who may pay the rent.

This country is too soft on those who choose to live at everyone else’s expense.

10-07-2018 08:39AM

what are the incomes of all involved here.

kind of getting skimpy details here

Sheep1978 · 10-07-2018 08:45AM

_Brian wrote: »

Parents and adult siblings living in a council house and can’t keep with the rent.

Eviction is the correct next step, it teaches a lesson and opens a property to those who may pay the rent.

This country is too soft on those who choose to live at everyone else’s expense.

They are paying the rent and are willing to clear the arrears. I am simply asking if the council can evict if they are unable to clear the arrears within a given timeframe.? I thought I was in the 'legal' thread as opposed to a political one.

munsterbear · 10-07-2018 08:49AM

Sheep1978 wrote: »

They are paying the rent and are willing to clear the arrears. I am simply asking if the council can evict if they are unable to clear the arrears within a given timeframe.? I thought I was in the 'legal' thread as opposed to a political one.

The council will look for a reasonable amount to be repaid, preferably by direct debit, and that will hold off any action being taken. They will look at the take home pay for the household and deem a reasonable figure.

By refusing to pay that amount the council are entitled to seek repossession as your parents have failed their obligation to the council, by 1) Providing all income details and 2) To address the arrears at satisfactory rate.

Gone is the day that people get away with a few euro every week.

Sheep1978 · 10-07-2018 08:52AM

munsterbear wrote: »

The council will look for a reasonable amount to be repaid, preferably by direct debit, and that will hold off any action being taken. They will look at the take home pay for the household and deem a reasonable figure.

By refusing to pay that amount the council are entitled to seek repossession as your parents have failed their obligation to the council, by 1) Providing all income details and 2) To address the arrears at satisfactory rate.

Gone is the day that people get away with a few euro every week.

Thanks for the reply. Basically what I was looking for rather than a load of smart arse ****es getting up on their soapbox. I guess another meeting is required with the council to come up with a figure and timeframe. Cheers

10-07-2018 08:53AM

_Brian wrote: »

Parents and adult siblings living in a council house and can’t keep with the rent.

Eviction is the correct next step, it teaches a lesson and opens a property to those who may pay the rent.

This country is too soft on those who choose to live at everyone else’s expense.

Except they still have to be housed

sexmag · 10-07-2018 09:00AM

Sheep1978 wrote: »

They are paying the rent and are willing to clear the arrears. I am simply asking if the council can evict if they are unable to clear the arrears within a given timeframe.? I thought I was in the 'legal' thread as opposed to a political one.

in theory yes they can, however the amount backdated should be covered by the people who accumulated it and not put your parents under pressure, although as tenants it was their responsibility to ensure everything was in order so they are jsut a liable but financially it should come from the other people in the house who are working

munsterbear · 10-07-2018 09:00AM

Sheep1978 wrote: »

Thanks for the reply. Basically what I was looking for rather than a load of smart arse ****es getting up on their soapbox. I guess another meeting is required with the council to come up with a figure and timeframe. Cheers

Engagement with the council is key. They don't want the hassle of issuing a tenancy warning and then seeking an eviction warrant through the courts. However be prepared to pay a reasonable amount. And God forbid, don't let the siblings move out leaving your parents with the arrears. Let them take the responsibility of what they did.

A claim of ignorance is no longer acceptable.

GarIT · 10-07-2018 09:12AM

Sheep1978 wrote: »

I am simply asking if the council can evict if they are unable to clear the arrears within a given timeframe.?

Yes. They won't but they could evict if it's not paid within the next two weeks. You have to give someone 14 to pay in full after notifying them of arrears before you can issue a notice of eviction. They can let it take longer to be paid back but they only have to give two weeks.

From your parents point of view I can't see why they aren't forcing the issue. The longer it takes to pay off the longer your parents are stuck owing their children's rent and the higher chances the children will move out and not pay them back. You say siblings so there must be at least two, there is no way two working adults can't afford €28.85 per week each to pay the owed rent back at the rate the council requested.

Sheep1978 · 10-07-2018 09:22AM

John Hutton wrote: »

Sounds like someone got caught rapid in not telling the council about increased income for a very very long time to accrue that amount. For such a figure it's not a case of forgetting for a month or two.

Perhaps they should vacate the property and let some other people move in who won't take the piss.

Or else find someway to pay it immediately. Is there a car to sell? Expensive TV or electronics? If you pay some of it off with a lump sum the monthly repayments can be agreed at a lower amount given a lower overall sum will be paid in installments

I suppose they could sell one of their numerous holiday homes in the mediterannean but they don't really want to do that.

muppet

aido79 · 10-07-2018 09:30AM

Sheep1978 wrote: »

They are paying the rent and are willing to clear the arrears. I am simply asking if the council can evict if they are unable to clear the arrears within a given timeframe.? I thought I was in the 'legal' thread as opposed to a political one.

Might sound a bit harsh but with the current housing problem people who aren't willing to keep up with rent, especially when it is subsidised by the taxpayer should be evicted imo. Were you expecting sympathy just because you posted in the legal forum?

DONTMATTER · 10-07-2018 09:31AM

Wait, I thought it was free houses people were getting. Looks like that's untrue as well.

I think if they go into them and state that they just can't afford that amount of repayments it could work. Face to face they might have more decency. Good luck to your family.

Edit: Just to add, ignore all the nasty comments, it's not worth wasting your time over people like that who delight in other people's misery.

BarryD2 · 10-07-2018 09:33AM

Sheep1978 wrote: »

They are paying the rent and are willing to clear the arrears. I am simply asking if the council can evict if they are unable to clear the arrears within a given timeframe.? I thought I was in the 'legal' thread as opposed to a political one.

Thin line between legal matters and politics! But you need to give greater clarity as to incomes both of your parents and your various siblings, so as people can give more useful advice. But sounds like the adult earners need to divvy up more cash.

If the council say they will evict if the arrears are not cleared within a sepcified period, you can be sure they can. They're not muppets either!

Threatened eviction from council

Comments