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County council are happy with their tenants overholding

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    #152
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Claw Hammer wrote: »
    The notice has not been determined to be valid by anyone but the landlord at this stage. If the tenant stays the landlord has to open a dispute with the RTB. It is specifically provided that the tenancy continues during the processing of a dispute. Only when there has been a determination order which has not been complied with does the possibility of the tenant losing rights to quiet enjoyment arise.


    The notice is good, its a template from the rtb website and my solicitor has looked over it.... I still feel if something goes wrong in the property like the shower or oven breaks after they are overholding, Ill be bloody slow to go out and repair it!! I will just tell them that they aren't meant to be living there !!


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    #153
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    hawkelady wrote: »
    The notice is good, its a template from the rtb website and my solicitor has looked over it....e !!

    It may still be challenged and fail. I have seen notices drafted by solicitors being booted out. Until you get a determination order you are at nothing. Don't do repairs and face a complaint to the RTB from the tenant and an order for compensation for failure to provide services.


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    #154
    el Fenomeno
    Registered Users Posts: 3,209 ✭✭✭el Fenomeno


    Hi OP, this thread was linked elsewhere on this forum - was just wondering if there has been any update in the past year? If you don't want to give an update, understood :)


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    #155
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    el Fenomeno wrote: »
    Hi OP, this thread was linked elsewhere on this forum - was just wondering if there has been any update in the past year? If you don't want to give an update, understood :)

    Hi , I’ll reply to you by pm. Thanks


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    #156
    Jade2015
    Registered Users Posts: 37 ✭Jade2015


    Would love to hear an update on this thread too


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    #157
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    Hi , ok a quick update but not too much info. I finally got all sorted , on the steps outside court !! I’m happy ... absolute nightmare at the time but I was vindicated. I can’t elaborate as this thread was monitored by people.... and I’m to keep quiet regarding this sorry tale as part of settlement.
    So please , no further questions. One thing I can say is that if anyone is having the same hassle ... stick with it and don’t be bullied ... if you know you’re right .... then you most likely are


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    #158
    Elessar
    Registered Users Posts: 5,250 ✭✭✭Elessar


    hawkelady wrote: »
    Hi , ok a quick update but not too much info. I finally got all sorted , on the steps outside court !! I’m happy ... absolute nightmare at the time but I was vindicated. I can’t elaborate as this thread was monitored by people.... and I’m to keep quiet regarding this sorry tale as part of settlement.
    So please , no further questions. One thing I can say is that if anyone is having the same hassle ... stick with it and don’t be bullied ... if you know you’re right .... then you most likely are

    That’s a sorry tale hawkelady and I’m sorry you had to go through it. The amount of these types of stories on boards is frightening where people’s property rights are being trampled on.

    I think the moral of the story here is never, ever rent to hap or ras tenants and never involve with council tenants. The risk is simply too great.


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    #159
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Thrilled that its worked out for you- and staggered that the local authority waited until the very last possible minute to cop the hell on. I accept they were following policy as dictated by the Department- however, policy does not make it legal- and they were not willing to have it tested in court, which speaks volumes in its own right. In some respects its good news for people in your position- as it proves if the letter of the law is followed- the local authorities will eventually have their hands forced, even if its only at the very last possible moment.

    I hope you get a good price when you sell- and move on, putting the entire experience behind you.


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    #160
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    Hawkelady so glad you are finally sorted, terrifying looking at your initial posting date and its almost 12 months later. Wishing you the very best for 2020, thanks for sharing your story it is a hardy warning!


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    #161
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    pc7 wrote: »
    Hawkelady so glad you are finally sorted, terrifying looking at your initial posting date and its almost 12 months later. Wishing you the very best for 2020, thanks for sharing your story it is a hardy warning!

    Its actually 2 years later...…. 24-01-2018...…...


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    #162
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    The_Conductor wrote: »
    Its actually 2 years later...…. 24-01-2018...…...


    Oh sweet jesus! it is! :eek: even worse!


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    #163
    Jade2015
    Registered Users Posts: 37 ✭Jade2015


    No the update is 2 years later. This may have been settled months or a year ago.


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    #164
    kennethsmyth
    Registered Users Posts: 1,188 ✭✭✭kennethsmyth


    hawkelady wrote: »
    Hi , ok a quick update but not too much info. I finally got all sorted , on the steps outside court !! I’m happy ... absolute nightmare at the time but I was vindicated. I can’t elaborate as this thread was monitored by people.... and I’m to keep quiet regarding this sorry tale as part of settlement.
    So please , no further questions. One thing I can say is that if anyone is having the same hassle ... stick with it and don’t be bullied ... if you know you’re right .... then you most likely are

    Total guess and I know you cannot reply but I'd say the council would be on the hook for any loss in market value of the property from the date your tenants should of left until the actual sale of property.

    Odds are to settle once they knew you wouldnt back down they bought the property from you and also paid your costs.


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    #165
    hawkelady
    Registered Users Posts: 1,357 ✭✭✭hawkelady


    kennethsmyth wrote: »
    Total guess and I know you cannot reply but I'd say the council would be on the hook for any loss in market value of the property from the date your tenants should of left until the actual sale of property.

    Odds are to settle once they knew you wouldnt back down they bought the property from you and also paid your costs.

    My solicitor was excellent.. only for I had proof ( texts and emails from tenants/council and the fact the council were telling tenants what to do )the council would have kept going til the end !! I got all my costs, and more ..
    this only happened in late November btw .. the tenants were moved into a well known 4/5 star hotel ! Don’t know if they are still there. Crazy stuff


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