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30 days to leave rented house

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  • 10-07-2013 11:55pm
    #1
    hairyface
    Registered Users Posts: 77 ✭✭


    looking for some info if anybody has any

    a friend of mine a single mother of 2 has been given 30 days to leave the house that she has rented for the last 6 years she did not have a lease with the landlord so i know she dos'nt have a leg to stand on but the problem is that there are no house's in the area that accept rent allowance even though she has a deposit so she contacted the county council and they said that they would put her and 2 kids up in a hostel (unacceptable) as these kids have lived there most of their lives
    has anybody any info that i may pass onto her as she is very worried about where she will end up next month


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    #2
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    No lease. She's on a part 4 tenancy.
    She's entitled to 56 days notice.

    Also, what's the excuse for evicting her? He can't just chuck her out without reason. Tell her to contact Threshold right away. http://www.threshold.ie


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    She is actually entitled to 112 days notice as she has been there for 4+ years.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html


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    #4
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    djimi wrote: »
    She is actually entitled to 112 days notice as she has been there for 4+ years.

    http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

    Thought Part 4 "reset" every 4 years?


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    gaius c wrote: »
    Thought Part 4 "reset" every 4 years?

    It resets in so far as the first 6 months of each 4 year cycle the landlord can terminate the lease for any reason, but the notice period remains 112 days once the tenant has been in the property for more than 4 years.


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    #6
    hairyface
    Registered Users Posts: 77 ✭✭hairyface


    thanks a million evreybody ill tell her first thing in the morning
    anybody know what is the story with so few rent allowance houses on the market?


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    A lot of landlords have been stung by RA tenants and the system in general and are reluctant to get involved again.


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    #8
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    djimi wrote: »
    It resets in so far as the first 6 months of each 4 year cycle the landlord can terminate the lease for any reason, but the notice period remains 112 days once the tenant has been in the property for more than 4 years.

    Clear, consise and to the point. Thanks.


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    #9
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    Hang on guys. There could be other reasons of why there is a 30 day notice.
    Is she up to date with rent for example?
    Or it could be a case of the rent allowance being reduced and the landlord not agreeing to a reduction in rent. We would need more details before advising further.


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Pawwed Rig wrote: »
    Hang on guys. There could be other reasons of why there is a 30 day notice.
    Is she up to date with rent for example?
    Or it could be a case of the rent allowance being reduced and the landlord not agreeing to a reduction in rent. We would need more details before advising further.

    Im taking it at face value based on what has been said; obviously if a 14 notice of arrears has been issued and the arrears have not been sorted then 28 days notice of termination can be issued.

    Would the landlord not agreeing to a reduction in rent be grounds enough to issue a 30 day notice of termination? I wouldnt have thought so, but perhaps Im wrong.


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    #11
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,379 CMod ✭✭✭✭Pawwed Rig


    djimi wrote: »
    Would the landlord not agreeing to a reduction in rent be grounds enough to issue a 30 day notice of termination? I wouldnt have thought so, but perhaps Im wrong.

    Not on it's own but the failure of the tenant to pay the full agreed amount could lead to the issuance of a 14 day notice as you explained.

    I would just be wary of the OP going back to the person being evicted giving incorrect advice based on a lack of clarity in his/her post.


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    #12
    Mrs OBumble
    Registered Users Posts: 25,950 ✭✭✭✭Mrs OBumble


    hairyface wrote: »
    she contacted the county council and they said that they would put her and 2 kids up in a hostel (unacceptable) as these kids have lived there most of their lives

    Would living on the street be more acceptable?

    Seriously, you can argue on the margins about whether it's 30, 56 or 112 days.

    But if there are no properties accepting RA in the area, then either she needs to take what she can get, or move to another area.

    She may be able to buy some time by arguing about notice periods, and maybe something else will come up for her - and be willing to wait until she's served her notice. But maybe not.


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    #13
    meoklmrk91
    Registered Users Posts: 4,085 ✭✭✭meoklmrk91


    Tell her to start getting references together, from her current landlord, any previous ones, employers etc. if she sees a property she likes tell her to ring and speak to them even if it says that they don't accept RA, ask any questions that she has, mention that she has references and then tell them that she is in receipt of RA. A lot of Landlords have been stung by RA tenants so just explain the case, tell them what's after happening, they could either be dead set against it or willing to look into it. You'll never know if you don't ask.


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