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Eviction notice as a Christmas present!

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  • 25-12-2015 12:13am
    #1
    daisyday121
    Registered Users Posts: 38 ✭


    My sister arrived home to find an eviction notice in her letterbox from her landlord. He's decided to sell. Why the need to do it today? P***k


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    #2
    rawn
    Registered Users Posts: 3,093 ✭✭✭rawn


    Bit of a díck move morally but realistically maybe it's not viable for the LL to wait any longer to serve notice. Best of luck to your sister.


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    #3
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    That's awful
    I can't believe someone would do that


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Realistically he had to serve notice before the end of the year- it was crap doing it on Christmas eve- but it was going to be turning up over the next few days........ Sorry for your sister


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    #5
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Maybe the landlord's kid needs specialist medical treatment and he's selling up to pay for it. OK, highly unlikely but the point is you don't know his reasons for selling. Given the very high rents and static property prices it would seem the landlord is not selling at an optimum time....maybe they really need the money. He possibly even thought the letter might take a bit longer to arrive...doubt he timed it to arrive on Xmas eve to be honest.


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    #6
    Eric Cartman
    Registered Users Posts: 26,280 ✭✭✭✭Eric Cartman


    perhaps landlord lives down the country and was only home today so delivered the letter by hand. Ive seen this happen a few times.


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    #7
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    murphaph wrote: »
    He possibly even thought the letter might take a bit longer to arrive...doubt he timed it to arrive on Xmas eve to be honest.
    Or the opposite; it was delayed because the xmas postage was busy.


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    #8
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I was thinking it may be the new Act- some of the provisions came in on the 4th December- more come in on the first of Jan. The notice periods- in particular for those on tenancies of 5yrs + are a lot higher than they were under the old Act. Anyhow- it is a crap thing to happen at this time of the year.........


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    #9
    daisyday121
    Registered Users Posts: 38 ✭daisyday121


    Thanks for all your replies. I've spoken to her and he never gave an actual eviction date, just that they needed to leave as he was putting the house up for sale. They also need to let people view it. To my knowledge this can't actually be a proper eviction notice as it needs a date for leaving, so why leave it on Christmas Eve?


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    #10
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    As Ireland becomes increasingly non-Christian, the significance of Christmas will diminish. It's just another set of bank-holidays to many people, no reason why notice cannot be dropped off then.

    It sucks at any time, but as you say, without a date it's not a proper notice.


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    #11
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    tell her not to let viewings without her there
    then be akward; no need to be nice to someone like this


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    #12
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    The_Conductor wrote: »
    Realistically he had to serve notice before the end of the year- it was crap doing it on Christmas eve- but it was going to be turning up over the next few days........ Sorry for your sister

    new rules are in from 04-12-15


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    #13
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Mrs OBumble wrote: »
    As Ireland becomes increasingly non-Christian, the significance of Christmas will diminish. It's just another set of bank-holidays to many people, no reason why notice cannot be dropped off then.

    It sucks at any time, but as you say, without a date it's not a proper notice.

    christmas was here before the christians

    happy holidays


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    #14
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Tigger wrote: »
    tell her not to let viewings without her there
    then be akward; no need to be nice to someone like this
    You have no idea of what troubles the landlord might be facing but sure make life awkward for them anyway.


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    #15
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Tigger wrote: »
    tell her not to let viewings without her there
    then be akward; no need to be nice to someone like this

    Miserable attitude


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    #16
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    murphaph wrote: »
    You have no idea of what troubles the landlord might be facing but sure make life awkward for them anyway.

    You don't think an eviction notice at christmas doesn't make things awkward
    Arbiter of Good Taste wrote: »
    Miserable attitude

    An eviction notice through no fault of the tenant on Christmas Eve and I've got the miserable attitude?
    What possaible difference would waiting till the new year have ? Are the estate agents around to even list it ?
    And if the landlord is in difficulties they should have approached the tenant and explained and apologised not stuck an eviction notice in with the Christmas cards


    So as far as I can see the only change that comes in on January 1st that could effect the landlord is a statutory decllration that they are really selling the house that would lead to them getting punished if it turned out that wasn't the real reason.


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    #17
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    First it is not an eviction notice. What the OP describes is, at best, a termination notice and it may not even amount to that.

    This has certainly not been handled well. A lot of landlords are not very good at the property rental business. The customer facing part is very difficult for a lot of people. This is part of having small scale landlords.

    The landlord may have done a good job at least in that he gave as much notice as he could.


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    #18
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    antoinolachtnai wrote: »
    First it is not an eviction notice. What the OP describes is, at best, a termination notice and it may not even amount to that.

    This has certainly not been handled well. A lot of landlords are not very good at the property rental business. The customer facing part is very difficult for a lot of people. This is part of having small scale landlords.

    The landlord may have done a good job at least in that he gave as much notice as he could.

    Notice is statutory and while it's a termination notice (or not if it hasn't been written correctly) it will feel like an eviction notice


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    #19
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Tigger wrote: »
    Notice is statutory and while it's a termination notice (or not if it hasn't been written correctly) it will feel like an eviction notice

    Its not a proper notice- on the basis of the information the OP has described- in my opinion its more an information note- advising that the landlord *is* selling the property- and a termination of tenancy notice is imminent on that basis (aka the tenant should do their best to start looking elsewhere asap- however, they do not have to move in the short term........)?


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    #20
    antoinolachtnai
    Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    And that is one of the problems with dealing with property issues. For lots of reasons it is a very emotional thing and I have every sympathy with this tenant.

    But when things start being called by what they feel like rather than what they actually are then it becomes impossible to discuss and resolve issues reasonably.


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    #21
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Tigger wrote: »
    What possaible difference would waiting till the new year have ?

    It would have given the tenant a fortnight less notice so the complaint would have then been "landlord knew two weeks earlier that he was selling and couldn't be bothered to tell me".

    The landlord may have already contracted with an agent and decided better to let the tenant know ASAP rather than having them spot the place on daft.


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    #22
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    Tigger wrote: »
    You don't think an eviction notice at christmas doesn't make things awkward



    An eviction notice through no fault of the tenant on Christmas Eve and I've got the miserable attitude?
    What possaible difference would waiting till the new year have ? Are the estate agents around to even list it ?
    And if the landlord is in difficulties they should have approached the tenant and explained and apologised not stuck an eviction notice in with the Christmas cards


    So as far as I can see the only change that comes in on January 1st that could effect the landlord is a statutory decllration that they are really selling the house that would lead to them getting punished if it turned out that wasn't the real reason.

    "Through no fault of the tenant"? Sorry, but that's the risk you take when you rent. It's unfortunate, but the notice of eviction can come at any time. So, the LL,waits until new year, and you would probably be on here complaining how it's the worst time of the year, credit card bills to pay, ages until pay day, etc etc.

    We don't know what relationship the OP's sister has with her LL. Maybe a bit of give and take such as allowing viewings might mean the tenant has the leverage to negotiate staying on longer for reduced rent. Or, alternatively, she can just be a stubborn mule.


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    #23
    Deep Thought
    Registered Users Posts: 4,441 ✭✭✭Deep Thought


    Eviction is differ t than termination.

    He has said he is selling the property , that's termination of the lease but they are not being evicted. Eviction is to expel someone by legal process , eg failure to pay rent.

    It was terrible to do it Christmas Eve and landlord should have benn more considerate .

    The narrower a man’s mind, the broader his statements.



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    #24
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Graham wrote: »
    It would have given the tenant a fortnight less notice so the complaint would have then been "landlord knew two weeks earlier that he was selling and couldn't be bothered to tell me".
    ^^ exactly this. Landlord's are damned if they do and damned if they don't.


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    #25
    FrStone
    Registered Users Posts: 720 ✭✭✭FrStone


    Arbiter of Good Taste wrote: »
    Miserable attitude

    What she should actually do is only allow viewings on negotiating a 50% reduction in the rent for the months they're all be viewings...


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    #26
    the_pen_turner
    Registered Users Posts: 7,515 ✭✭✭the_pen_turner


    was it posted or hand delivered.


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    #27
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    FrStone wrote: »
    What she should actually do is only allow viewings on negotiating a 50% reduction in the rent for the months they're all be viewings...

    What makes you think she is entitled to do this? If the lease is being terminated she doesn't have any rights to start calling the shots. The LL may decide not to do viewings until the property is empty.


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    #28
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    FrStone wrote: »
    What she should actually do is only allow viewings on negotiating a 50% reduction in the rent for the months they're all be viewings...

    I agree. But some posters prefer to take a cut-your-nose-off-to-spite-your-face position. I guess they get satisfaction from sticking to the "greedy" landlord.


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    #29
    FrStone
    Registered Users Posts: 720 ✭✭✭FrStone


    athtrasna wrote: »
    What makes you think she is entitled to do this? If the lease is being terminated she doesn't have any rights to start calling the shots. The LL may decide not to do viewings until the property is empty.

    That's fine, but if landlord wants viewings during the notice period (which hasn't yet started), she should negotiate a substantial reduction in the rent.

    The fact the lease is being terminated means she very much can call the shots, she can prolong this process for close to two years if she sticks her feet in (why she would want stress like that is beyond me, it would be much easier to move).


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    #30
    Marcusm
    Registered Users Posts: 10,340 ✭✭✭✭Marcusm


    athtrasna wrote: »
    What makes you think she is entitled to do this? If the lease is being terminated she doesn't have any rights to start calling the shots. The LL may decide not to do viewings until the property is empty.

    Remember that as has been established on multiple occasions here, a tenant can never be required to facilitate or permit viewings so some level of give/take would be of advantage to both sides. Such as facilitating viewings in return for being allowed to depart at short notice if another property can be secured.


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    #31
    borderlinemeath
    Registered Users Posts: 5,340 ✭✭✭borderlinemeath


    antoinolachtnai wrote: »
    First it is not an eviction notice. What the OP describes is, at best, a termination notice and it may not even amount to that.

    This has certainly not been handled well. A lot of landlords are not very good at the property rental business. The customer facing part is very difficult for a lot of people. This is part of having small scale landlords.

    The landlord may have done a good job at least in that he gave as much notice as he could.

    A large scale management company wouldn't give a second thought as to the time of year, business is business regardless of holidays. Nothing to do with whether the landlord is a REIT or failed investor/accidental landlord.


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