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Problem finding new accommodation

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  • 28-04-2014 2:16pm
    #1
    Registered Users Posts: 431 ✭✭


    Hi.
    i have rented my current house and i have been given notice to leave after 5 years here. The problem is that i cannot find anything suitable to rent in the area for me and the children. Anyone know what my rights are if it takes me longer to move than the date set by the landlord? He has given me the correct notice period and my rent is up to date.
    Thanks


Comments

  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,576 Mod ✭✭✭✭Kimbot


    Maybe have a word with the LL and explain the situation. He may have a date like Sept that the house has to be empty by so may help you out a little bit.


  • Registered Users Posts: 10,334 ✭✭✭✭Marcusm


    What reason has he given you? You have part 4 protection and your notice period, if it can be given, is 116 or so days.


  • Registered Users Posts: 431 ✭✭kinetic


    Marcusm wrote: »
    What reason has he given you? You have part 4 protection and your notice period, if it can be given, is 116 or so days.

    He hasn't given a reason but has given me the correct notice period I think.


  • Registered Users Posts: 10,334 ✭✭✭✭Marcusm


    kinetic wrote: »
    He hasn't given a reason but has given me the correct notice period I think.

    He needs to give you a statement in writing with a specified reason (sale to be completed in 3 months, occupying it himself or his family, substantial redevelopment etc). What number of days did he give you?


  • Registered Users Posts: 431 ✭✭kinetic


    Marcusm wrote: »
    He needs to give you a statement in writing with a specified reason (sale to be completed in 3 months, occupying it himself or his family, substantial redevelopment etc). What number of days did he give you?

    Didnt give a reason and just gave me 4 months notice.


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  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    kinetic wrote: »
    Didnt give a reason and just gave me 4 months notice.

    He needs to give a reason. There is a list of very specific reasons applying to part 4 tenancy terminations. Lest he be tempted to just pick one off the list, no harm to remember than if he is found to have lied about the reason, you are entitled to recover possession.


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,384 CMod ✭✭✭✭Pawwed Rig


    Notice seems fine but as Marcusm says the reason needs to be given too. As you have been there 5 years and if there has been no issues then I would guess he does have a good reason.

    4 months is adequate time to find a new property. If you cannot get one in your price range that suits your needs in that time then there are none and you need to adjust your expectations or your price range.

    This may be more difficult if you are on rent alowance.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    I don't get asking about rights:confused:

    You have been given plenty of notice and he doesn't want you there. Yes you can play silly beggars on the letter of the law. This LL have provided a service to you for 5 years and no longer wants to. If he was a good LL why would you do that if he was a bad LL why do you want to stay?

    People expect LL to be reasonable but the expectation should go both ways.

    Talk to the LL and explain is the most reasonable option. If you can't find a place in 4 months then you have to look in a wider area.

    If you force the issue the LL could force the issue back when it doesn't suit you. Find a place but leaving early and he can then then charge you for out of pocket expenses such as having the place empty while he waits for builders to do work.


  • Registered Users Posts: 64 ✭✭Stenth


    What outcome are you hoping for? Do you expect the landlord to find a perfect apartment for you, or do you expect him to say "oh well, if you don't want to move you can stay, I was just joking about you moving out"?

    If you can't find anywhere at all to live in four month, how long do you realistically expect to spend searching until you find something acceptable? A year? More?


  • Registered Users Posts: 25,960 ✭✭✭✭Mrs OBumble


    If you cannot find a place you can afford in the current location, they you either have to move to another location, or re-do your budget. Simples.


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  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Ray Palmer wrote: »
    I don't get asking about rights:confused:

    You have been given plenty of notice and he doesn't want you there. Yes you can play silly beggars on the letter of the law. This LL have provided a service to you for 5 years and no longer wants to. If he was a good LL why would you do that if he was a bad LL why do you want to stay?

    People expect LL to be reasonable but the expectation should go both ways.

    Talk to the LL and explain is the most reasonable option. If you can't find a place in 4 months then you have to look in a wider area.

    If you force the issue the LL could force the issue back when it doesn't suit you. Find a place but leaving early and he can then then charge you for out of pocket expenses such as having the place empty while he waits for builders to do work.

    Why? If LL has not followed procedure then tenants rights have been breached. LL and tenant rights are not mutually exclusive you know - upholding one does not negate the other, and nobody is denying the LL has rights also.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    OldNotWIse wrote: »
    Why? If LL has not followed procedure then tenants rights have been breached. LL and tenant rights are not mutually exclusive you know - upholding one does not negate the other, and nobody is denying the LL has rights also.
    It's just being pedantic. As I said the LL can do the same too making it more costly for the tenant. A bit of common sense is required.


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Ray Palmer wrote: »
    It's just being pedantic. As I said the LL can do the same too making it more costly for the tenant. A bit of common sense is required.

    You think rights are pedantic? What exactly do you mean by "LL can do the same thing?" - all LL has to do is abide by the law and make sure he follows proper procedure, and he can get the tenant out without incurring costs for anyone. If tenant has done nothing wrong except assert his rights, how exactly will that be more costly for him?


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    OldNotWIse wrote: »
    You think rights are pedantic? What exactly do you mean by "LL can do the same thing?" - all LL has to do is abide by the law and make sure he follows proper procedure, and he can get the tenant out without incurring costs for anyone. If tenant has done nothing wrong except assert his rights, how exactly will that be more costly for him?

    If the LL has to give another 4 months notice that is correct and the tenant finds a place before the 4 months are up they can be held liable for the remaining period or must stay.

    They are being pedantic about not been given a reason. One small piece of information that can be made up such as I am moving back, refurbishing or going to sell. They are not asserting rights they have been given enough notice they are just being picky the notice didn't mention why. I consider it pedantic because they have been given enough notice.

    The whole argument is just that the paper work wasn't 100% and therefore the notice wasn't valid. They were given the correct amount of notice.


  • Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Ray Palmer wrote: »
    If the LL has to give another 4 months notice that is correct and the tenant finds a place before the 4 months are up they can be held liable for the remaining period or must stay.

    They are being pedantic about not been given a reason. One small piece of information that can be made up such as I am moving back, refurbishing or going to sell. They are not asserting rights they have been given enough notice they are just being picky the notice didn't mention why. I consider it pedantic because they have been given enough notice.

    The whole argument is just that the paper work wasn't 100% and therefore the notice wasn't valid. They were given the correct amount of notice.

    Or the reason could be one that is not valid, so the OP should verify that first.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Or the reason could be one that is not valid, so the OP should verify that first.

    It isn't like they are difficult to claim one of the valid reasons. I mentioned 3 that are valid without looking it up. One way or the other they are leaving and it still doesn't solve the problem that they can't find another place.


  • Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Ray Palmer wrote: »
    It isn't like they are difficult to claim one of the valid reasons. I mentioned 3 that are valid without looking it up. One way or the other they are leaving and it still doesn't solve the problem that they can't find another place.

    You cant claim them and not follow through, not unless you want to get in a fair bit of trouble.


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Ray Palmer wrote: »
    It's just being pedantic. As I said the LL can do the same too making it more costly for the tenant. A bit of common sense is required.

    Maybe you think its pedantic because you dont agree, but like it or not a tenant (and indeed a LL) has rights and is entitled to ensure that they are not breached. It really is very simple, I dont know why you insist on having a problem with it. Also, you still haven't specified how exactly it will be "costly" for the tenant or what "the LL can do the same" actually entails. Simple question.


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Ray Palmer wrote: »
    If the LL has to give another 4 months notice that is correct and the tenant finds a place before the 4 months are up they can be held liable for the remaining period or must stay.

    They are being pedantic about not been given a reason. One small piece of information that can be made up such as I am moving back, refurbishing or going to sell. They are not asserting rights they have been given enough notice they are just being picky the notice didn't mention why. I consider it pedantic because they have been given enough notice.

    The whole argument is just that the paper work wasn't 100% and therefore the notice wasn't valid. They were given the correct amount of notice.


    I dont think anybody is disputing this. Is "picky" the new "pedantic" or does it mean something else?

    And yes you are right, the LL can make up this "small piece of information" if he or she wishes, but they do so notwithstanding the fact that if they are caught out in a lie, the tenant is entitled to recover possession.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    You cant claim them and not follow through, not unless you want to get in a fair bit of trouble.
    Plans change. You can live there for a week and change your mind. Don't kid yourself that every infraction is prosecuted. You can paint the place and it is refurbishment. They LL is probably selling up and delaying them services little purpose. If they forgot to mention it in the notice to vacate and using that as a way to stay longer is not a good idea.

    Talk to the LL is the best advice rather than running to enforce rights that have a double edge. It simply is not reasonable. If they have been there 5 years I assume the LL has been quite reasonable with them if not why would they want to stay anyway or have stayed so long.


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  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Ray Palmer wrote: »
    Plans change. You can live there for a week and change your mind. Don't kid yourself that every infraction is prosecuted. You can paint the place and it is refurbishment. They LL is probably selling up and delaying them services little purpose. If they forgot to mention it in the notice to vacate and using that as a way to stay longer is not a good idea.

    Talk to the LL is the best advice rather than running to enforce rights that have a double edge. It simply is not reasonable. If they have been there 5 years I assume the LL has been quite reasonable with them if not why would they want to stay anyway or have stayed so long.

    Funny, it worked for me :)

    You're talking nonsense. Tenants have rights. Get over it.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    OldNotWIse wrote: »
    Funny, it worked for me :)

    You're talking nonsense. Tenants have rights. Get over it.

    Never said they didn't. They aren't loosing rights they have given the same notice they would have gotten. By the same reasoning that it worked for you it worked for me to enter my property because I was afraid they were injured.


  • Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Ray Palmer wrote: »
    Plans change. You can live there for a week and change your mind. Don't kid yourself that every infraction is prosecuted. You can paint the place and it is refurbishment. They LL is probably selling up and delaying them services little purpose. If they forgot to mention it in the notice to vacate and using that as a way to stay longer is not a good idea.

    Talk to the LL is the best advice rather than running to enforce rights that have a double edge. It simply is not reasonable. If they have been there 5 years I assume the LL has been quite reasonable with them if not why would they want to stay anyway or have stayed so long.

    I said that the OP should verify the reason for the termination, is that not talking or something?

    Plans might change, but people aren't idiots. Tenants have rights and what you are talking about is abuse of those rights and should be rightfully investigated.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    I said that the OP should verify the reason for the termination, is that not talking or something?

    Plans might change, but people aren't idiots. Tenants have rights and what you are talking about is abuse of those rights and should be rightfully investigated.
    LOL
    Nonsense nothing would happen. You are delusional if you think a crack team of investigator will look into something like this and do something. Nothing would happen.
    You are making up that the LL has no legitimate reason. All we know is they didn't give a reason it doesn't mean they don't have one that matches the legitimate reasons.
    I have just pointed out the ways these reasons can be used with nothing that can be done. Much the same way a LL can do very little when a tenant breaks a lease or damages a property. You are living in lala land if think people don't do this and get away with it.

    What I am talking about is LL rights and how they are used in the real world by some people with absolutely no repercussions.


  • Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Ray Palmer wrote: »
    LOL
    Nonsense nothing would happen. You are delusional if you think a crack team of investigator will look into something like this and do something. Nothing would happen.
    You are making up that the LL has no legitimate reason. All we know is they didn't give a reason it doesn't mean they don't have one that matches the legitimate reasons.
    I have just pointed out the ways these reasons can be used with nothing that can be done. Much the same way a LL can do very little when a tenant breaks a lease or damages a property. You are living in lala land if think people don't do this and get away with it.

    What I am talking about is LL rights and how they are used in the real world by some people with absolutely no repercussions.

    Just because you got off violating someones rights by lying doesn't mean everyone will Ray. There is nothing delusional in pointing out that landlords can be investigated and have sanctions imposed on them for abusing the termination clauses.

    I have said specifically that the OP shoudl ask what the reason is, that's all. Get down off your high horse.


  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Just because you got off violating someones rights by lying doesn't mean everyone will Ray. There is nothing delusional in pointing out that landlords can be investigated and have sanctions imposed on them for abusing the termination clauses.

    I have said specifically that the OP shoudl ask what the reason is, that's all. Get down off your high horse.

    I'll stay where I am thanks. There are practicalities to life you might want to look into it. You are on a high horse about rights if anything I telling you about the real world.

    I never said I was lying. When a tenant stops answering their phone, doesn't pay rent and doesn't come to the door would you not wonder if they were OK? This happened to one of my tenants and it turned out he had been in a car accident and none of his family knew until I contacted them and they looked for him in the hospitals.

    You are delusional about the use of resources and what is available. Possible doesn't mean probable or likely. A meteoroid could hit the earth and destroy it next week


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Ok.......
    Calm down everyone.
    If you have information pertinent to the OP and their issue- please post it here.
    If you don't- please move on- this is not a soap box for airing grievances at one another.


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Ray Palmer wrote: »
    Never said they didn't. They aren't loosing rights they have given the same notice they would have gotten. By the same reasoning that it worked for you it worked for me to enter my property because I was afraid they were injured.

    They are if LL is not following proper procedure.


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