Sitting Tenant Problem... Help!!

antoinolachtnai

I think this is the best there is:

prtb.ie/renttribunal.htm

emick

Amazing......how many people row in with assistance to help the landlord evict the old lady. I only hope that this lady has got rights and that she is aware of them.

emick

Mshec wrote: »

I would like to explain to her but she would probs get all nasty as she has done in the past.

What did you expect her to do.........just pack her bags and leave?

billybigunz

Graces7 wrote: »

Good luck with it;

Why would you wish them good luck? I would only wish that the outcome is fair as defined by the law.

the_syco

emick wrote: »

Amazing......how many people row in with assistance to help the landlord evict the old lady. I only hope that this lady has got rights and that she is aware of them.

He inherits a house that he can't live in, but no doubt must maintain it should anything go wrong.

=-=

From http://www.prtb.ie/renttribunal.htm

The decision of the Rent Tribunal on an application will be communicated in writing to both parties in the form of a signed order of the Tribunal and will include the terms of tenancy of the dwelling.

OP, I would look into the terms of tenancy of the dwelling, and see what they say, mainly about the transfer of ownership by will.

ztoical

emick wrote: »

Amazing......how many people row in with assistance to help the landlord evict the old lady. I only hope that this lady has got rights and that she is aware of them.

They are hardly an evil landlord...they inherited the house and would like to make it into their home...o how nasty of them!

antoinolachtnai

They inherited an interest in the house but that does not entitle them to full vacant possession. The laws of land ownership are complicated and it is better not to get too emotional either way. IT is important to get good legal advice.

bobbysands81

Mshec wrote: »

Eek! The rent was set by the Rent Tribunal!! I hope this works out for us!! Best leave it to the solicitors altho as one woman to another I would like to explain to her but she would probs get all nasty as she has done in the past.

A few things here...

1. If it's a formerly rent controlled dwelling, and the person is considered an "original tenant" then the tenant has a right to remain in the property until they die, succession rights no longer apply though so when they die it reverts to you. If they are not an "original tenant" then it may be that the property can revert to you immediately - legal opinion would clear this up and should be quite easy for you to find out.

http://www.irishstatutebook.ie/1982/en/act/pub/0006/sec0009.html#zza6y1982s9

—(1) Subject to the provisions of this Part, a person (in this section referred to as the original tenant) who, immediately before the commencement of this Act, was a tenant of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)) shall be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the lifetime of that person.


However, you can come to a deal with the individual if both parties agree (eg buy her out, offer to rehouse her somewhere else for the rest of her life etc...).

10.—(1) The tenant of a dwelling to which section 8 (1) relates may surrender the dwelling to the landlord on giving to the landlord not less than one month's notice in writing of his intention to surrender the dwelling.


2. Rents are always set unbelievably low by the Rent Tribunal so you will never get a decent rent if she is an original tenant.

3. I would read the following bit VERY carefully (especially highlighted part)

16.—(1) Notwithstanding the right to retain possession under section 9, the Court may, on the application of the landlord of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)), grant an order for the recovery of possession of the dwelling if the Court considers it reasonable to make the order and—

( a ) any rent lawfully due by the tenant has not been paid or any other obligation of the tenant under the tenancy has not been fulfilled by him, or

( b ) any person (being the tenant or any person residing in the dwelling) has been guilty of conduct which the Court is satisfied is a nuisance or annoyance to the landlord or his agent or to adjoining occupiers or has used the dwelling or allowed it to be used for any immoral or illegal purpose (whether or not the person has been convicted of so using it or allowing it to be so used), or

( c ) the condition of the dwelling has, in the opinion of the Court, deteriorated owing to acts of waste by, or the neglect or default of the tenant or any person residing in the dwelling, or

( d ) the dwelling is bona fide required by the landlord—

(i) for occupation as a residence for himself or any person bona fide residing or to reside with him, or

(ii) for occupation as a residence for a person in the wholetime employment of the landlord, or

(iii) in the interests of good estate management, or

( e ) the landlord requires vacant possession to carry out a scheme of development of property which includes the dwelling and has planning permission for the scheme,

and, as respects recovery of possession under paragraph (d) or (e), the landlord pays such sum as the Court considers reasonable to meet the expenses incurred by the tenant in quitting the dwelling, together with a sum not exceeding three years' rent of alternative accommodation which is reasonably suited to the residential and other needs of the tenant, his spouse and his family bona fide residing with him in the dwelling.

(2) The Court, in considering if it is reasonable to make an order for recovery of possession, shall have regard to the extent (if any) to which the conduct of the landlord contributed to the existence of the grounds upon which he relies in support of his application for recovery of possession.

(3) Nothing in this Part shall prevent a local authority from obtaining possession of a dwelling to which section 8 (1) relates which is reasonably required for the purpose of the execution of their powers, functions and duties.

(4) In this section—

"development" has the meaning assigned by section 3 of the Local Government (Planning and Development) Act, 1963 ;

"planning permission" means a permission for the development of land where required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963 , and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application.



If you've any more questions I might be able to help.

Mshec

Hi Again!

Thanks everyone for your replies and all of your help! We have decided to leave her in the house. It could take years to get her out of the house and the legal fees would be huge, we would be better off to take out a mortgage!! So now we are looking at going down the rent to buy scheme for the mo! Unless I find a spare 25k under my mattress as a deposit for a house that is


Thanks again for all of your help!

Mshec

Graces7

billybigunz wrote: »

Why would you wish them good luck? I would only wish that the outcome is fair as defined by the law.

Which IS good luck..

Agent Smith

Mshec wrote: »

Hi Again!

Thanks everyone for your replies and all of your help! We have decided to leave her in the house. It could take years to get her out of the house and the legal fees would be huge, we would be better off to take out a mortgage!! So now we are looking at going down the rent to buy scheme for the mo! Unless I find a spare 25k under my mattress as a deposit for a house that is


Thanks again for all of your help!

Mshec

Tbh Put the house up for sale. that will drive her out

The_Conductor

Agent Smith wrote: »

Tbh Put the house up for sale. that will drive her out

No it won't- it gets sold as is- with a sitting tenant, who cannot be easily evicted, and who continues to pay her EUR26 a week (subject to review by the rent tribunal).

The only silver lining in all of this is that inheritance rights for leases of this nature no longer apply. A further downside is that the OP does not qualify for favourable treatment as a FTB- and going for one of the Rent-to-buy or distressed NAMA related disposals- would very probably not result in a property suitable for bringing up a family in (though at least they have the prospect of this property at the end of the day- however long it may take).