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Landlord wants to kick us out

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Comments

  • #32
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    The landlord was too mean to get proper advice before letting his house. I know a person going abroad for 12 months. He got legal advice to the effect that if the house was let under RTB rules the tenants could refuse to vacate at the end of the 12 months and push things through the RTB and the courts for years. He is now going for a different arrangement.


  • #33
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    Posters are asked not to be so harsh on the OP, some posts here are verging on uncivil. Let's not go there please.


  • #34
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Graham wrote:
    Since when has adhering to the law been doing someone a favour?

    Singe
    Since the OP would have only gotten the place on the understanding that the LL needed it back after nine months and wouldn't have gotten it had they nut aged specifically to the nine months.


  • #35
    kidneyfan
    Banned (with Prison Access) Posts: 1,279 ✭✭✭kidneyfan


    ampleforth wrote: »
    I asked for a written notice. I will go out and look for another place. I do find these cancellation times rather short, regardless. However, since the landlord called me every month to ask me to move out for other reasons --- mainly because he had somebody else (presumably somebody who payed even more than I did for this walking cupboard ;)).

    However, I try to see it as an opportunity. I do not want to have more phone conversations about me getting out. I would like a place where I pay rent and live. I hope I find it. Thanks for all your helpful advice here. Regardless, I am looking to buy --- more than ever now --- the rental market is somehow mental and I do not want to be part of it any more...
    This could be free money. Get the landlord to claim in writing that he is renting to a family member. Move out. Go to the RTB and get compensation.


  • #36
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    jimmycrackcorm wrote: »
    Singe
    Since the OP would have only gotten the place on the understanding that the LL needed it back after nine months and wouldn't have gotten it had they nut aged specifically to the nine months.

    Would it be fair to suggest that's all complete and utter guesswork on your part given that none of that was stated by the OP?


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  • #37
    kidneyfan
    Banned (with Prison Access) Posts: 1,279 ✭✭✭kidneyfan


    By the way OP if his son really is moving in he can have you out in five weeks and that's that.


  • #38
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Considering its unlikely that any LL would struggle to get 12 or longer lease in the present market. Its highly probable the LL wanted a short term tenant if they agreed an unusually short term. If they wanted it for another reason like avoiding the 2yr restriction on rent increases, its improbable they are unaware of the restrictions of Part 4 Tenancy. But who knows. I think the tenant did what they did to get accommodation and in the current shortage you have to have empathy for that.

    I don't think anyone LL or tenant needs to be vilified here. But its a lesson to learn from.


  • #39
    astrofool
    Registered Users, Registered Users 2 Posts: 16,789 ✭✭✭✭astrofool


    So for a fixed term lease the LL should just send out the eviction notice the required amount of weeks before the fixed term ends if they want it to be kept (I'm sure they can always cancel it if the lease was then continued).

    At this point it would be interesting if someone would lose a court case on the basis that the fixed term lease was basically the eviction notice as well, just given at the start of the tenancy.

    Or in other words, just include the eviction notice writing in the initial contract and close the loop entirely.


  • #40
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    astrofool wrote: »
    So for a fixed term lease the LL should just send out the eviction notice the required amount of weeks before the fixed term ends if they want it to be kept (I'm sure they can always cancel it if the lease was then continued).

    At this point it would be interesting if someone would lose a court case on the basis that the fixed term lease was basically the eviction notice as well, just given at the start of the tenancy.

    Or in other words, just include the eviction notice writing in the initial contract and close the loop entirely.

    The fixed term lease cannot be the eviction notice. That is provided in the RTA. All disputes between LLs and tenants must go to the RTB unless there is a claim for 60K. The chances of any court ever seeing anything like this are very low.


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