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Illegal Eviction

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  • 08-10-2015 6:03pm
    #1
    Fuzzy Logic
    Registered Users Posts: 892 ✭✭✭


    We had been in a property for 2.5 years when the estate agent requested we pay an increase of rent by 20% above the average in the area. However after not coming to an agreement between the house owners & ourselves to an agreed price we had been told that the house will be up for sale and given 8 weeks notice to vacate the property.

    Today I looked on Daft.ie and to no surprise I see the house is up for rent again but this time at a 25% increase on what we were paying. After consulting PRTB and Threshold we were told it's an illegal eviction and can pursue a case against the owners. Anyone ever been through a similar case as we've had endured a lot of stress trying to find a new property & huge inconvenience? With a young child it was a lot of hassle for us over the past few weeks.


Comments

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    #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Screen shot the ad and get on to the PRTB.


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    #3
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    MarkAnthony wrote: »
    Screen shot the ad and get on to the PRTB.

    It's not an illegal eviction. It's unlawful termination. A related but very different thing.


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    #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    antoinolachtnai wrote: »
    It's not an illegal eviction. It's unlawful termination. A related but very different thing.

    How is it dealt with?


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    #5
    Clashmore
    Registered Users Posts: 208 ✭✭Clashmore


    What's the difference between an illegal eviction and an unlawful termination, from reading the OP, they are no longer in the property then have been evicted.


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    #6
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Clashmore wrote: »
    What's the difference between an illegal eviction and an unlawful termination, from reading the OP, they are no longer in the property then have been evicted.

    None for the purposes of this discussion hence my cheeky reply. They are however correct it's an illegal termination (tenant goes volantarily).

    (Sorry spell check broken) :D


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    #7
    FishOnABike
    Registered Users Posts: 4,476 ✭✭✭FishOnABike


    How much of this can you prove? If you have sufficient evidence to convince the PRTB of the estate agent's actions I'd say the agent is in for an expensive lesson if you decide to follow through with a complaint to the PRTB.

    If I posted what I really thought of this sort of agent's underhand and most probably illegal actions I'd probably end up with a site ban.

    Well wear with any windfall you may get if you follow through with this.


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    #8
    April 73
    Registered Users Posts: 846 ✭✭✭April 73


    It's pretty apparent what happened here. Can you pursue this through the PRTB at minimal cost? If so, what have you got to lose? It may take time & effort but in your shoes I would feel it worthwhile to pursue.


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    #9
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Report the agent to the Property services regulatory authority and take a case against the Landlord for constructive eviction if there is such a thing as while you left after being given some notice you did not leave voluntarily but with the threat of eviction hanging over you.


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    #10
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    It's very easy to prove. Presumably the OP has the paperwork to show

    i) They had a lease starting on X date
    ii) a termination of the lease for the reasons stated

    Then all they need is proof the property has been advertised (screen shot)

    The burden will then shift to the other side to defend their actions, there might be good reasons. All this for what €25 or is it more like €60?


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    #11
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    foggy_lad wrote: »
    Report the agent to the Property services regulatory authority and take a case against the Landlord for constructive eviction if there is such a thing as while you left after being given some notice you did not leave voluntarily but with the threat of eviction hanging over you.

    It's called an unlawful termination as someone has been at pains to point out :pac:


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    #12
    FishOnABike
    Registered Users Posts: 4,476 ✭✭✭FishOnABike


    MarkAnthony wrote: »
    It's very easy to prove. Presumably the OP has the paperwork to show

    i) They had a lease starting on X date
    ii) a termination of the lease for the reasons stated

    Then all they need is proof the property has been advertised (screen shot)

    The burden will then shift to the other side to defend their actions, there might be good reasons. All this for what €25 or is it more like €60?

    True, and more helpful again if they have proof of the initial rent increase requested, any negotiations / correspondence with the agent questioning the increase and ideally opened a dispute with the PRTB regarding the proposed increase.

    If the property was not sold (I think within there months) the OP should have been given first refusal when it came to reletting the property. If the OP has written notification giving the intent to sell the property as the reason for terminating their tenancy this would also help with any complaint to the PRTB.

    This sort of sharp practise needs to be strongly discouraged.


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