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Being evicted what to do???

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  • Registered Users Posts: 36 sac2020


    daheff wrote: »
    well first thing I'd do is tell the landlord that you will facilitate the workman to come in and do his job. That removes any claim of liability for that cost.

    Was the new tenant going to be living in the property when the workman came in? Reading between the lines he wasnt - as the landlord is implying that he cant come in because you are there....or if anyone else was living there.

    If new tenant was to be in situ with the workman also doing his job, then so long as you make sure the workman can still do what he needs to do then the landlord cant charge you for this.


    It seems like the landlord is trying to scare you out with this. Personally I'd tell him to forget it, that you aren't responsible for the other tenants accomodation expenses. Realistically you are, but dont admit that to him.

    find somewhere else to go and quickly....this will get messy fast.

    Rightly or wrongly you may come home to find your stuff thrown out on the street and locks changed.

    I have told agent I can accommodate everything -The workman working here , the guy who is supposed to move also move in 1 room and anyways there are 2 baths so I have told her that I am open to everything till I move in somewhere else . While I try to arrange a short term hotel then another house to move in perm.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    sac2020 wrote: »
    I have told agent I can accommodate everything -The workman working here , the guy who is supposed to move also move in 1 room and anyways there are 2 baths so I have told her that I am open to everything till I move in somewhere else . While I try to arrange a short term hotel then another house to move in perm.

    You seriously think that someone who is moving into a whole house will be happy to have to share with complete strangers and put up with small children so you can be accomodated?


  • Registered Users Posts: 36 sac2020


    Stheno wrote: »
    You seriously think that someone who is moving into a whole house will be happy to have to share with complete strangers and put up with small children so you can be accomodated?

    No ayleast the workman can do the job.
    But in any of the cases she is not committing anything in the deposit. What are my rights . It looks like they want me to run after them or after prtb to get the deposit back . And they can give any x y z reason on damages at that time


  • Registered Users Posts: 656 ✭✭✭hurleronditch


    sac2020 wrote: »
    I have told agent I can accommodate everything -The workman working here , the guy who is supposed to move also move in 1 room and anyways there are 2 baths so I have told her that I am open to everything till I move in somewhere else . While I try to arrange a short term hotel then another house to move in perm.

    You don't need to "try" to find a hotel, there's 6 listed in Dublin on www.trivago.ie for less than 500 for the week tomorrow to next Saturday, and 24 for less than 700.

    I realise im coming across as harsh, but despite the inconvenience of your potential new landlord letting you down, nothing was signed, and this was all 100% within your control since the start. No letting is complete until you both sign the lease, you should have ensured that was done before you agreed an exit date. I just think you need to take some short term pain as this could get far far worse and far more costly very quickly.


  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    You don't need to "try" to find a hotel, there's 6 listed in Dublin on www.trivago.ie for less than 500 for the week tomorrow to next Saturday, and 24 for less than 700.

    I realise im coming across as harsh, but despite the inconvenience of your potential new landlord letting you down, nothing was signed, and this was all 100% within your control since the start. No letting is complete until you both sign the lease, you should have ensured that was done before you agreed an exit date. I just think you need to take some short term pain as this could get far far worse and far more costly very quickly.

    Just to expand on this; you may have a valid contract with the new landlord, even though it hasn't been signed by them, for instance if you gave a deposit, have written correspondence, or even just agreed verbally. If this is the case they will be obliged to put you up at their expense until you can move into the house. You may have to pay up front yourself, but as long as you make them aware of everything and expenses are reasonable you should be ok moving into a B&B or hotel in the interim. Confirm with Threshold to be sure. It may take a PRTB case to sort out but your problem is with the new landlord, not the old.


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  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note: can we keep with thread civil please, no need to get on high horses on either side.

    OP you have no rights to overstay your notice period and it's time to get working on a contingency plan.

    Your deposit is a separate issue but deposits are rarely if ever given back the day the tenant leaves.


  • Registered Users Posts: 8,671 ✭✭✭GarIT


    sac2020 wrote: »
    What are my rights .

    You have a right to get your deposit back (minus any damages) after you have vacated the premises. As for staying past the agreed date, you have no rights.


  • Closed Accounts Posts: 1,123 ✭✭✭Rock77


    Tell the agent you will move out as soon as you get your deposit, then move out the day you get it.


  • Registered Users Posts: 23,536 ✭✭✭✭ted1


    Rock77 wrote: »
    Tell the agent you will move out as soon as you get your deposit, then move out the day you get it.

    It doesn't work like that, that it bad advice to give.most leases state that all utilities must be paid, it can take 2 weeks after the tenant moves out before final bill arrives.


  • Registered Users Posts: 46 Gererreh Tona


    Just a thought since nobody has mentioned it yet, have you thought about contacting the Peter McVerry Trust to see if they can offer any assistance or support?

    Peter McVerry Trust,
    29 Mountjoy Square,
    Dublin 1.

    T: +353 (0)1 823 0776
    F: +353 (0)1 823 0778

    E: info @ pmvtrust . ie


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  • Closed Accounts Posts: 1,344 ✭✭✭Diamond Doll


    Just a thought since nobody has mentioned it yet, have you thought about contacting the Peter McVerry Trust to see if they can offer any assistance or support?

    Peter McVerry Trust,
    29 Mountjoy Square,
    Dublin 1.

    T: +353 (0)1 823 0776
    F: +353 (0)1 823 0778

    E: info @ pmvtrust . ie

    Isn't that for homeless people in emergency situations ... not for those like the OP, who have a substantial amount of savings to get them by?


  • Registered Users Posts: 23 2_fri


    Just a thought since nobody has mentioned it yet, have you thought about contacting the Peter McVerry Trust to see if they can offer any assistance or support?

    Peter McVerry Trust,
    29 Mountjoy Square,
    Dublin 1.

    T: +353 (0)1 823 0776
    F: +353 (0)1 823 0778

    E: info @ pmvtrust . ie

    As has already been stated, this is not a homelessness issue it is someone overstaying their tenancy agreement


  • Registered Users Posts: 46 Gererreh Tona


    Isn't that for homeless people in emergency situations ... not for those like the OP, who have a substantial amount of savings to get them by?

    Where does it say they have a substantial amount of savings?
    2_fri wrote: »
    As has already been stated, this is not a homelessness issue it is someone overstaying their tenancy agreement

    Are you kidding me, they are within days of becoming homeless. Here's some details of the services offered:
    Homeless Services

    Peter McVerry Trust currently provides homeless accommodation across three of the four Dublin local authority areas, namely, Fingal County Council, South Dublin County Council and Dublin City Council areas.
    PMVT Supported Temporary Accommodation Services

    Peter McVerry Trust currently provides Supported Temporary Accommodation (STA) Services in the Fingal County Council, South Dublin County Council and Dublin City Council areas. Places are prioritised for those over 18 years of age who are homeless and have complex low-threshold needs.

    Current provision comprises of 14 beds in the Fingal County Council area and 80 beds in Dublin City Council area and 15 beds in the South Dublin County Council area across seven locations:

    PMVT FCC STA – Finglas
    PMVT FCC STA – Santry
    PMVT DCC STA – Conyngham Road
    PMVT DCC STA – Aungier Street
    PMVT DCC STA – St Catherine’s Foyer
    PMVT DCC STA – Whitworth Rd
    PMVT SDCC STA – Tallaght

    As I said it's just another resource to think about, was only trying to help.


  • Registered Users Posts: 36 sac2020


    Thanks guys .. I am looking for alternate accomodation
    I never said I have huge savings
    Being a tenant j realised today is the worst thing
    Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
    Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
    All utilities I will be paying and all rents always on time.
    Don't see the reluctance to give deposit back or even say anything about it


  • Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    sac2020 wrote: »
    Thanks guys .. I am looking for alternate accomodation
    I never said I have huge savings
    Being a tenant j realised today is the worst thing
    Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
    Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
    All utilities I will be paying and all rents always on time.
    Don't see the reluctance to give deposit back or even say anything about it

    You're trying to dick the LL around, but you expect him to trust you to settle outstanding bills after he gives you the deposit back? Seriously?


  • Registered Users Posts: 10,341 ✭✭✭✭Marcusm


    sac2020 wrote: »
    Thanks guys .. I am looking for alternate accomodation
    I never said I have huge savings
    Being a tenant j realised today is the worst thing
    Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
    Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
    All utilities I will be paying and all rents always on time.
    Don't see the reluctance to give deposit back or even say anything about it

    I can see why they are reluctant to commit on the deposit as they are unable to establish when you will yield possession and they have not performed an inspection. It's entirely reasonable not to sign off on no retention from the deposit until they can establish that you are on the cusp of departing and they have inspected the property to establish that there is no damage beyond reasonable wear & tear. You have been put in a difficult position thanks to your prospective landlord, now is not the time to pass that back onto innocent parties, IMO. You should be looking for satisfaction from that landlord not your current one.


  • Registered Users Posts: 16 catkit


    Have a look at Airb&b, you might be able to get an apartment rather than just a room which should make it more family-friendly in the short term.


  • Posts: 24,714 [Deleted User]


    sac2020 wrote: »
    Thanks guys .. I am looking for alternate accomodation
    I never said I have huge savings
    Being a tenant j realised today is the worst thing
    Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
    Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
    All utilities I will be paying and all rents always on time.
    Don't see the reluctance to give deposit back or even say anything about it

    Send the kids down to their grandparents until you get sorted, load up your stuff and move it down to one of your home places and yourself and the wife stay in a hotel/B&B/Airbnb what ever until you find somewhere. It's fairly straight forward really to sort out.

    You have no right to stay 1 minute more in the house than agreed that is a fact.


  • Registered Users Posts: 36 sac2020


    Thanks guys .. I am looking for alternate accomodation
    I never said I have huge savings
    Being a tenant j realised today is the worst thing
    Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
    Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
    All utilities I will be paying and all rents always on time.
    Don't see the reluctance to give deposit back or even say anything about it


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    sac2020 wrote: »
    Thanks guys .. I am looking for alternate accomodation
    I never said I have huge savings
    Being a tenant j realised today is the worst thing
    Taking to the agent and the landlord its seems they just want to blame me so they can take the deposit.
    Family of 4 with the youngest just 1 yr difficult to move out to a decent place .
    All utilities I will be paying and all rents always on time.
    Don't see the reluctance to give deposit back or even say anything about it

    You don't get your deposit till you move out


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  • Registered Users Posts: 36 sac2020


    You're trying to dick the LL around, but you expect him to trust you to settle outstanding bills after he gives you the deposit back? Seriously?
    thanks for nice comments
    Thanks looks like you are my landlord. I have paid all my bills . All bills are thru dd from my account . What does he lose anyways. His House is in mint condition , cleaner than he gave me . Guess I were never a tenant


  • Registered Users Posts: 36 sac2020


    Gatling wrote: »
    You don't get your deposit till you move out

    Thanks . The agent doesn't say that when asking her 5 times . She knows worst case I will definitely overstay for 3-4 days.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    sac2020 wrote: »
    Thanks . The agent doesn't say that when asking her 5 times . She knows worst case I will definitely overstay for 3-4 days.

    You could well loose your deposit or part of it doing that


  • Registered Users Posts: 36 sac2020


    Send the kids down to their grandparents until you get sorted, load up your stuff and move it down to one of your home places and yourself and the wife stay in a hotel/B&B/Airbnb what ever until you find somewhere. It's fairly straight forward really to sort out.

    You have no right to stay 1 minute more in the house than agreed that is a fact.
    I didn't want to mention so far but I am not from here just moved here couple of years back. So no family and limited friends.
    Maybe one of the reasons I think the agent and LL are pushing because they know I have no backing and still understanding the prtb rules here.


  • Registered Users Posts: 36 sac2020


    Gatling wrote: »
    You could well loose your deposit or part of it doing that

    Sorry could you pls let me know why.. If I paid all my rent on time and paid utility bills . Trying to understand ..


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    sac2020 wrote: »
    Sorry could you pls let me know why.. If I paid all my rent on time and paid utility bills . Trying to understand ..

    Your over staying somebody else has paid a deposit and rent in advance to move in by you staying they will likey incur costs associated with that ,and that can be taken from your deposit


  • Registered Users Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    sac2020 wrote: »
    Sorry could you pls let me know why.. If I paid all my rent on time and paid utility bills . Trying to understand ..

    you agreed to leave on x
    Landlord expected to have posession of property on x
    Landlord signed contracts that required possession on property on x
    Landlord is now because you are breaking your agreement subject to penalties
    You are liable for whatever cost the landlord faces
    Landlord has responsibility to accomodate new tennant because you wont move out as agreed, thats your fault, you have to compensate landlord.
    Landlord loses tennant who cant move in on agreed date, thats your fault you have to cover rent until new tennant is found
    Landlord has paid for painter to come in on the day you leave and paid a deposit, landlord has to cancel painter, whose fault? your fault? whose responsibility? yours.


  • Registered Users Posts: 9,455 ✭✭✭TheChizler


    sac2020 wrote: »
    Sorry could you pls let me know why.. If I paid all my rent on time and paid utility bills . Trying to understand ..
    They have agreed to provide accommodation to someone else, just as your intended landlord did. They may be forced to pay for alternate accommodation for them until you're gone, just as I suspect your intended landlord is obliged to do for you until they sort out their situation.


  • Registered Users Posts: 36 sac2020


    you agreed to leave on x
    Landlord expected to have posession of property on x
    Landlord signed contracts that required possession on property on x
    Landlord is now because you are breaking your agreement subject to penalties
    You are liable for whatever cost the landlord faces
    Landlord has responsibility to accomodate new tennant because you wont move out as agreed, thats your fault, you have to compensate landlord.
    Landlord loses tennant who cant move in on agreed date, thats your fault you have to cover rent until new tennant is found
    Landlord has paid for painter to come in on the day you leave and paid a deposit, landlord has to cancel painter, whose fault? your fault? whose responsibility? yours.

    Thanks for detailed response.
    Sorry my situation that I am stuck between 2 greedy landlords. Covering 2-3k damages on day1 . He might say 5-6k by day 3 or 4

    What's legitimate fine as per prtb? Do we have humans sitting in prtb. Would they understand my situation .
    Should definitely call th homeless numbers as the above is concerning.

    Sorry not for you but if you think that's it's totally my fault and prtb will also have the same opinion then am concerned.


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  • Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    You are not stuck between 2 greedy landlords. You did not ensure that your new landlord signed the lease. You did not confirm that your family would have accommodation. You did not organise alternative accommodation immediately. As a result the new landlord is not in anyway liable for housing you or your family. It is nothing to do with him if he has no contract (assuming legal advice does not advise a verbal lease is in place-you do not mention if you paid a deposit to him?).

    On the other hand you are planning to illegally overstay your lease ending date. This is both inconveniencing and costing your old landlord money as there is a family due to move in as well as contractors due in.

    I'm sorry, I am a tenant myself. Your landlords however are not greedy. In particular you are being completely unfair to your old landlord and he will be perfectly entitled to claim damages and to deduct from your deposit for all expenses incurred by him for you overstaying your exit date.

    In order to avoid damages and to ensure you receive your deposit back you must get a plan in place and move out on the date originally agreed. Overstaying will result in charges since he has responsibilities to the new tenants


This discussion has been closed.
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