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Can ex evict tenants

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  • 19-06-2014 12:07pm
    #1
    Kokomo
    Closed Accounts Posts: 5 ✭


    Hi was looking for some advice my ex husband is threatening to evict the tenants from our rental property he's had nothing to do with the lease agreement ( I've always drawn it up and signed it)or tenants (I've always dealt with any issues ) for the whole time they've lived there there has never once been any issues with the tenant he is just doin anything he can to make like more awkward for me and the kids can he legally evict or do I have any say does it have to be one or both of us to agree any advice at all greatly appreciated x


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    #2
    joeguevara
    Registered Users Posts: 8,071 ✭✭✭joeguevara


    Probably better off in Accommodation and Property forum.


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    #3
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    He is considered to be our business partner so he can do anything you can do and you are responsible for it. Likewise he must respect the lease you entered into. If the property was once your marital home it may be diferent


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    #4
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    If you have a lease agreement then no he can't just evict them. There are few set reasons that an eviction process can be started and there is a very strict process that needs to be followed or else it will be an illegal conviction and the tenants could take you to court for a considerable amount of money so I would get on to your ex and make him aware of the law.

    Do both you and your ex jointly own the property? Did he sign the lease or just you? Does he own the property but you arranged the rental acting as his agent? Ring the PRTB just to double check everything is above board.


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    #5
    Gannicus
    Registered Users Posts: 1,736 ✭✭✭Gannicus


    Claw Hammer wrote: »
    He is considered to be our business partner so he can do anything you can do and you are responsible for it. Likewise he must respect the lease you entered into. If the property was once your marital home it may be diferent

    Landlord can evict a tenant and break the lease in cases where they need a residence of their own.

    If the property was bought after the marriage began he may be considered a landlord but that would be up to your solicitor to give you a definite answer on.


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    #6
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Gannicus wrote: »
    Landlord can evict a tenant and break the lease in cases where they need a residence of their own.

    If the property was bought after the marriage began he may be considered a landlord but that would be up to your solicitor to give you a definite answer on.

    Landlord cannot evict during the currency of a fixed term lease even if he wants to move in unless the lease provides for such an event.

    If the property was ever lived in as a marital home the consent of both spouses is needed for a lease. If it is not given the lease is void and the landlord can throw out the tenant.


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    #7
    Kokomo
    Closed Accounts Posts: 5 ✭Kokomo


    Kokomo wrote: »
    Hi was looking for some advice my ex husband is threatening to evict the tenants from our rental property he's had nothing to do with the lease agreement ( I've always drawn it up and signed it)or tenants (I've always dealt with any issues ) for the whole time they've lived there there has never once been any issues with the tenant he is just doin anything he can to make like more awkward for me and the kids can he legally evict or do I have any say does it have to be one or both of us to agree any advice at all greatly appreciated x
    cant log in wrote: »
    If you have a lease agreement then no he can't just evict them. There are few set reasons that an eviction process can be started and there is a very strict process that needs to be followed or else it will be an illegal conviction and the tenants could take you to court for a considerable amount of money so I would get on to your ex and make him aware of the law.

    Do both you and your ex jointly own the property? Did he sign the lease or just you? Does he own the property but you arranged the rental acting as his agent? Ring the PRTB just to double check everything is


    Hi yes we both own the property but I've been the only one to sign the lease from the beginning will ring PRTB thanks for your help


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    #8
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Claw Hammer wrote: »
    If the property was ever lived in as a marital home the consent of both spouses is needed for a lease. If it is not given the lease is void and the landlord can throw out the tenant.

    If the lease is void then the tenants are then renting under a part 4 and can't just be thrown out. There are strict procedures that need to be followed. If they are renting less then 6 months then can be asked to leave without a reason but more then 6 months and there is a pretty short list of reasons for asking them to leave. If the ex wants to claim they are moving back in as a reason then they will actual have to do that or the tenants can sue for illegal conviction.

    OP contact the PRTB to check what the legal standing of the lease is before you do anything else. if your ex does an illegal conviction you could be in a lot of trouble.


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    #9
    Kokomo
    Closed Accounts Posts: 5 ✭Kokomo


    cant log in wrote: »
    If the lease is void then the tenants are then renting under a part 4 and can't just be thrown out. There are strict procedures that need to be followed. If they are renting less then 6 months then can be asked to leave without a reason but more then 6 months and there is a pretty short list of reasons for asking them to leave. If the ex wants to claim they are moving back in as a reason then they will actual have to do that or the tenants can sue for illegal conviction.

    OP contact the PRTB to check what the legal standing of the lease is before you do anything else. if your ex does an illegal conviction you could be in a lot of trouble.

    Thanks for your help will get onto PRTB


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    #10
    Tokyo
    Registered Users Posts: 22,655 ✭✭✭✭Tokyo


    Moved to the Accommodation & Property forum as I think that you might find more pertinent information there OP. Please note that their charter applies from here on in.

    Regards,
    Mike


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    #11
    awec
    Administrators Posts: 53,843 Admin ✭✭✭✭✭awec


    Why does he want to evict them?

    He cannot evict during the fixed term lease unless your tenants have failed to meet their obligations toward the lease (i.e. they have failed to pay rent or something like that).

    Outside of the fixed term, he can only evict if:

    - He needs the property for himself
    - He intends to renovate it
    - He intends to use it as something other than a place to live (e.g. an office)


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    #12
    Kokomo
    Closed Accounts Posts: 5 ✭Kokomo


    awec wrote: »
    Why does he want to evict them?

    He cannot evict during the fixed term lease unless your tenants have failed to meet their obligations toward the lease (i.e. they have failed to pay rent or something like that).

    Outside of the fixed term, he can only evict if:

    - He needs the property for himself
    - He intends to renovate it
    - He intends to use it as something other than a place to live (e.g. an office)

    He wants to move back in but is not willing to pay the mortgage which puts my credit and property at risk is there anything I can get him to sign legally to agree to pay the mortgage which he can well afford to do,he's just trying to do anything he can to complicate things
    And cause unnecessary problems he just comes up with something different every other week to try hurt me the house is all that's left now so he's trying his best to mess that up too


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    #13
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    cant log in wrote: »
    If the lease is void then the tenants are then renting under a part 4 and can't just be thrown out. There are strict procedures that need to be followed. If they are renting less then 6 months then can be asked to leave without a reason but more then 6 months and there is a pretty short list of reasons for asking them to leave. If the ex wants to claim they are moving back in as a reason then they will actual have to do that or the tenants can sue for illegal conviction.

    OP contact the PRTB to check what the legal standing of the lease is before you do anything else. if your ex does an illegal conviction you could be in a lot of trouble.

    If the lease is void the tenants have no right to possession. It does not come under Part 4 because they do not have 6 motns occupation under a lease. They have no right to be there at all. The Family Home Protection Act 1976 ensures this.


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    #14
    Mrs OBumble
    Registered Users Posts: 25,960 ✭✭✭✭Mrs OBumble


    Kokomo wrote: »
    He wants to move back in but is not willing to pay the mortgage which puts my credit and property at risk is there anything I can get him to sign legally

    OP, are you divorced yet? If not, then you are still subject to sexually-transmitted-debt - which in many ways is one of the most damaging STIs because you don't even need to be present to get it. He can hurt your credit rating in oh-so-many ways, even if he's nowhere near the house.

    You need proper legal advice, from a lawyer with expertise in family and property law, not the random thoughts of us here, who really know every little about the details.


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    #15
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Any chance of you just giving the tenants notice and selling it? I take it both of you are still liable for the debt?


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