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Rent Allowance Discrimination

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  • 01-01-2017 6:00pm
    #1
    [Deleted User]
    Posts: 6,025 ✭✭✭


    Hi,

    I have some questions regarding the laws surrounding Rent Allowance and discrimination.

    If one were to suspect that their landlords wanted to evict them, solely based on the fact they were RA tenants, how would one go about proving this?

    For example, if LL's owned 10 houses that were rented out, and the only people who get letter of eviction, stating notice of intent to sell, were the RA tenants, would this be considered a factor in possible discrimination.

    Would there be steps under law, to help a person prove, they felt the LL was discriminating. Would the LL's have to prove that they had also sent notices to the other 9 tenants?

    thanks


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    #2
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    Is it discrimination if he's decides to sell only the RA houses? Genuine open question, one that I suspect the answer is a negative but I'm sure there are colourable arguments the otherway.

    My feeling here is you're premature and approaching this from the wrong angle. The correct process would be to keep an eye on the property (or all of them) and see if the sales go through. If they do not then you should be offered the option of moving back in (IIRC), as useless as that is. However if you are not then you may begin proceedings for an illegal eviction citing the evidence you have in your OP.


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    #3
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Your primary issue would be the landlord proving intention to sell. It needs to be genuine.

    If they intend to sell a property from their portfolio, it would be a business case that you would sell the one with the lowest rent. Not discrimination, just business sense.


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    #4
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    Am I going mad or did this start off in legal discussion and get ninja's? :pac:


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    #5
    [Deleted User]
    Posts: 6,025 ✭✭✭ [Deleted User]


    athtrasna wrote: »
    Your primary issue would be the landlord proving intention to sell. It needs to be genuine.

    If they intend to sell a property from their portfolio, it would be a business case that you would sell the one with the lowest rent. Not discrimination, just business sense.

    They did send a legal document outlining intent to sell. However, the house in particular would be one of the higher priced rentals.


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    #6
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    Jake1 wrote: »
    They did send a legal document outlining intent to sell. However, the house in particular would be one of the higher priced rentals.

    I think our esteemed moderator was giving you an example. A similar example would be higher rents = higher priced property therefore they're dumping X of their portfolio. Similarly they could be getting out of South Dublin for example. I'm not meaning to sound as if I'm having a dig, just that there may be alternative arguments.


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    #7
    [Deleted User]
    Posts: 6,025 ✭✭✭ [Deleted User]


    Denny_Crane wrote: »
    I think our esteemed moderator was giving you an example. A similar example would be higher rents = higher priced property therefore they're dumping X of their portfolio. Similarly they could be getting out of South Dublin for example. I'm not meaning to sound as if I'm having a dig, just that there may be alternative arguments.

    Ok, I think I get it now :) (ish...) didnt think for a moment you were having a dig :)

    thanks to you both for your answers.

    its a confusing situation, I'll be the first to admit it :)


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    #8
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    The very best of luck with it. Keep getting advice and make sure you know your rights. My advice is while you should know your rights, you should pick which ones to enforce. Try and keep it civil and amicable, it usually works out better for all parties, but at the same time don't be afraid to enforce your rights if you need to, or indeed if it is advantageous to you to do so.

    Keep an eye on the property over the next few months. I realise that's bugger all help to you finding somewhere else.


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    #9
    [Deleted User]
    Posts: 6,025 ✭✭✭ [Deleted User]


    Denny_Crane wrote: »
    The very best of luck with it. Keep getting advice and make sure you know your rights. My advice is while you should know your rights, you should pick which ones to enforce. Try and keep it civil and amicable, it usually works out better for all parties, but at the same time don't be afraid to enforce your rights if you need to, or indeed if it is advantageous to you to do so.

    Keep an eye on the property over the next few months. I realise that's bugger all help to you finding somewhere else.

    Wise words, Denny, thank you very much, I appreciate it


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