Landlord deceased. RAS tenant received eviction notice from widow

The_Conductor

Michael D Not Higgins wrote: »

As far as I understand, the RAS scheme is a contract between the landlord and the local authority. I don't know the full details of how these work but the long term lease isn't with the tenant. The tenant would be protected by Part 4 though.

I'm not entirely clear how it works either- however, if I were the individual concerned- its the principle tool at my disposal that I'd be using to try and maintain the tenancy. It sounds like the local councillors they went to- have simply washed their hands of the problem- and told her to prepare to stay in a B&B- which I think is awful.

I don't think this person is being treated fairly- providing of course the information we have been given is an accurate depiction of what is happening- to be honest- it doesn't really seem to add up- there seems to be bits missing from the picture.

percy212

Your friend should stay put until she finds something new. She needs to keep going to the council and her TD, and her local newspaper with her story. She can overhold if she wishes, which means not moving out, and wait for the owner to take a case with the RTB to say she must leave. That will take a long time, believe me. In the meantime she can continue her search.

The_Conductor

percy212 wrote: »

Your friend should stay put until she finds something new. She needs to keep going to the council and her TD, and her local newspaper with her story. She can overhold if she wishes, which means not moving out, and wait for the owner to take a case with the RTB to say she must leave. That will take a long time, believe me. In the meantime she can continue her search.

Overholding cases are now prioritised and take between 4 and 6 weeks.
Previously they took months (sometimes even a year or more).
This is no longer the case.

percy212

To be heard perhaps, but it takes a while for a decision, which you can then appeal etc etc etc. It can take QUITE a while to be forced to leave.

The_Conductor

percy212 wrote: »

To be heard perhaps, but it takes a while for a decision, which you can then appeal etc etc etc. It can take QUITE a while to be forced to leave.

The whole system has changed- and it is prioritising overholding cases (the RTB had strips torn out of them over the previous mayhem). It is no longer the case that you can drag this on in the manner you previously could- however, that said- if a tenant was sufficiently motivated- and made the landlord go to court to enforce the order- you could get a few months out of it- but most certainly *not* the 12-18 months that you could get away with previously. The landlord is obliged to exhaust the RTB process before they can go to court to enforce the RTB order however- i.e. the tenant is protected and is presumed to be the wronged party- the burden is on the landlord.

The previous 12-18 months- is gone- it might still take a few months- but the days of a tenant getting away with overholding for a year or more, are gone.

padd b1975

The_Conductor wrote: »

Overholding cases are now prioritised and take between 4 and 6 weeks.
Previously they took months (sometimes even a year or more).
This is no longer the case.

Plus good luck finding a landlord who will take on a tenant who has previously overheld in the current market.

4ensic15

padd b1975 wrote: »

Plus good luck finding a landlord who will take on a tenant who has previously overheld in the current market.

There is another one born every minute. Overholders tend to be sly and cunning.They are ususally well able to get around issues like references.

The_Conductor

4ensic15 wrote: »

There is another one born every minute. Overholders tend to be sly and cunning.They are ususally well able to get around issues like references.

Unfortunately, what you're saying is true.
It means there is a small cohort of individuals out there- who are blackening the good names of all prospective tenants- which makes life even more difficult for both landlords and tenants. I'd also argue that very often, its the people you least expect, who overhold- often paying no rent for the duration.

The system is broken- and the tinkering with it by the Minister- has only worsened things for everyone.

padd b1975

4ensic15 wrote: »

There is another one born every minute. Overholders tend to be sly and cunning.They are ususally well able to get around issues like references.

Generally speaking you're right, but I'd like to think the OP is genuine in this case.

It's shocking to see the likes of Ruth Coppinger advising people to overhold and to come within a casting vote of making it legal to do so!!

Totallycrazy

Just to update.

Council are in process of buying house from the deceaseds daughter who inherited it. So his wife had no right to send letter to end contract.

Will take couple of weeks to finalise but looks like everything sorted.

Thanks for all replies