Former Tenant taking case for wrongful eviction

TSQ

Mckenna Hollow Telephone wrote: »

The registered letter could not be delivered as there was nobody to sign for it and nobody went to An Post in the following days to collect it.

It is an apartment, not a house, It's a 3rd floor apartment with a solid timber door... therefore there was no way to know what was going on inside without gaining access.



I do have a phone number for these people. But, I'm not so sure whether they would cooperate since they had to leave their accommodation, albeit from the tenant's illegal activity. The tenant and the people living in the apartment are from the same country - and I'm just uneasy about whether they would want to take 'our' side...

This scenario is rampant among the Brazilian community. Know of one enterprising individual who rents and sublets several propertiesby the beds, 4 people in a one bedder (threw out the Landlords bed and installed bunks). And tenants dont get deposit back unless they find a replacement tenant for their bed when they leave. More common than you might think. They gouge their own Community more than the worst Irish landlords. Needless to say, landlord wont have a clue unless someone complains.

Gael23

Before you proceed with anything you need to engage a solicitor

Cuddlesworth

Claw Hammer wrote: »

It may not be a illegal eviction. There is a defence of abandonment.

A Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if

(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

(b) before or on that vacating the rent has fallen into arrears.

A Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if

(a) whether before or after the end of that period, the tenant has vacated the dwelling, and

(b) no notice of termination has been served by the tenant in respect of the tenancy.

The property was occupied though. Does a tenant subletting the property deem it to be abandoned? If the bills were all still in his name and paid?

Graham

From your own post the test would appear to be, has the tenant vacated the dwelling.

Claw Hammer

It appears that the tenant did not comply with the rules on subletting which would mean he can't establish a presence through sub-tenants.

jeffwebb36

Ap2020 wrote: »

Where ye went wrong was in September to December 2019. The RTB were never going to advise you as to what to do next, that is not their role and they are not indemnified against offering legal advice.

What you should have done, in my opinion, is brought a dispute against the tenant to the RTB to seek a determination order endorsing the eviction notice. If the tenant didn't show up to the adjudication (and potentially a tribunal) you get your order. If they still don't comply, you get an enforcement order from the District Court and you get the sheriff to evict on foot of that.

You need to talk to a solicitor and get representation, because technically this was an illegal eviction. Given that you had cause to believe he had vacated the property you might be OK, but you need to get someone who can advise on your particular situation as you have complicated matters by not going by the book.

It would seem that if an adjudication takes place and the defendant/ guilty party does not show up . Then if the defendant is a tenant the RTB will act as advocate for the guilty party and months will elapse before you get an enforcement order