Served with Notice of Termination

Ondedge

Hi all,

I'm looking for advise. Please don't be too harsh on me or judge me.

I'm a tenant of a housing association. I have gotten myself into rent arrears of approx €1000. I was served with a notice of rent arrears. I contacted the rent department and explained my situation to them. She said she would have to speak to her superior and come back to me. I was then asked to fill out an income form. I was then issued with an up to date rent amount. Since then I have paid the rent amount and each week an additional amount to try pay off the arrears. Naively I presumed that the association was happy with this.

Friday I received a notice of termination of tenancy with one month notice. I have spoken to a good friend who has offered to loan me the money to pay off the rent arrears in full. Is it too late to revoke the termination if I pay the arrears off in full? Or is there anything I can do? I suffer badly with depression and anxiety and the thoughts of being made homeless is making me so anxious. I know this is all my own fault for getting myself into this mess and burying my head in the sand. 😔 Any advise would really help. Thank you so much in advance.

Notmything

You need to ask to get your post moved to a more appropriate forum, "accommodation and property"

Im living in a housing association property, very strict in rent and rent arrears. Nobody here can give you the answer you want except the association, so you need to speak to them.

Ondedge

Yes, I noticed my error after posting and have reported the post requesting a move.

Thanks for the reply.

The_Conductor

Moved.

L1011

You need to contact them first thing tomorrow.

Immaculata

Contact the housing association as soon as you can with the full arrears payment in hand. You might wish to also mention your medical issues (depression and anxiety) while you're on to them, and later get documented evidence of this, such as a letter from your doctor. Only if you are comfortable doing so and if you think this might help the association sympathise with you. Also mention the fact that you've been showing willingness to mend your ways by having already been in touch following the notice of rent arrears and by having paid a little more than your rent each time towards your arrears. Bear in mind it's a hassle for them to sort out a new tenant so fingers crossed, the association will give you another chance. I wish you lots of luck and hope you hold on to your tenancy.

Ondedge

Thanks so much for the replies L1011 and Immaculata. I really appreciate it. Do you think I should contact the RTB too and request mediation as well. I'm sick with worry and have being googling like mad all day.

Mrs OBumble

This sounds rather odd: housing associations generally see NTQ / eviction as the last possible resort, and are happy if you are catching up the arrears, no matter how slowly.

How long have you been there? Is it a standard social housing tenancy? Or a cost-rental one? (How to tell- are you paying income-related rent, similar levels to a council house, or a lot more).

Have you checked that the rent you have been paying is actually getting to them, not sitting in a suspense account somewhere? Call them and ask for a statement of your account.

If you are on a social housing tenancy, then I don't think the RTB have any authority. But the housing asociation should have a resolution procedure. Check your tenant handbook to see what it says.

StrawbsM

https://mabs.ie/about/how-we-help/#

Scroll down for rent arrears section. It may be that the notice of termination letter was from an automated system. If you’ve been paying your rent since plus an amount to cover the arrears, I’m hoping that things will be fine but contact MABS who will assist you in putting forward a plan for paying your rent and arrears going forward.

Wishing you well 😊

CreadanLady

Don't worry. I wouldn't if i were you.

You are in a housing association property. Yes, you have arrears but you are paying and willing to come to an agreement to pay off the arreas.

Nomatter what letter might come through the door, just sit tight and stay in occupation of the house. Do not, for any reason, vacate the house.

The reality is ,the only legal way to force an overholding dug-in tenant to vacate a property is a Sherriff with a court order and Gardai.

Have no fear. They cannot put you out. At least not at a cost to themselves of serious legal fees and potential PR dynamite.

Dav010

https://www.boards.ie/discussion/comment/119384242#Comment_119384242

Dangerous advice to give.

CreadanLady

No it isn't. It the reality of how disputed evictions are legally carried out when push comes to shove. Housing Associations provide social housing. They are not going to go to the expense and PR risk of court orders and sheriffs for forcibly evicting a tenant in anything only the most extreme circumstances that make it an absolute necessity for them to do so.

OP should talk to them. Should say they will pay the rent and agree a plan to repay the arrears. Play ball. Hopefully they will agree to that.

But if they don't accept that reasonable proposition, OP should also say that they are not going to accept such a needless eviction when they are willing to rectify the arrears, and that they are going to be staying put in that house whether the AHB like it or not and that if they want him out then they can go and get a court order from the District Court and he will gladly pack his bags when the Sheriff knocks on the door with Court Order in hand, but until that day, he is staying put.

And that is a legal process. It might be unpalatable to some to have such a brazen, thick necked attitude , but that is a legal process and there is nothing wrong with it.

cuttingtimber22

Threshold may assist also:

https://www.threshold.ie/advice/ending-a-tenancy/how-your-landlord-may-end-your-tenancy/

There is a number to contact and they should act in your interest.

I would suggest writing out in advance the facts including dates in respect to your arrears and the revised arrangements. Important to be accurate if anyone will advocate on your respect.

Good luck.

Dav010

https://www.boards.ie/discussion/comment/119384662#Comment_119384662

You are making too many assumptions there, on the op’s behalf.

The best course of action for the op is to communicate sensibly with the HA, without confrontation. And despite what you think, if the HA want the op out, they will get him/her out. The recent case of Violet Anne Wynne showed there was little public sympathy for those who do not pay their rent, even though the tax payer is footing most of it, so I’m not as confident as you that the HA would fear any PR repercussions. There would also be little hope of the OP securing future accommodation if attention was drawn to the fact that he/she didn’t pay the much lower HA rental rate and was evicted for this, again as Ms Wynne is finding out.

So, reasoned discourse is better than your advice which would no doubt lead to a hardening of the HA’s view.

CreadanLady

https://www.boards.ie/discussion/comment/119384599#Comment_119384599

How is advice to remain in occupation more dangerous that advice that leads to a tenant potentially making himself homeless?

macvin

https://www.boards.ie/discussion/comment/119384242#Comment_119384242

The 2nd half of your post is simply appalling and ridiculous advice and best ignored.

The OP has been very open and said that they have issues around depression and anxiety - yet you think they should "protest" fight court proceedings and when they lose do a sit down protest until forcibly removed by gardai / sheriff. Yesh, that will do the OP's health the power of good

That is phenomenally stupid and dangerous advice no matter what way you look at it.

For the OP. It most likely is an error. A simple phone call will sort it. And when sorted, ask for a letter confirming it. No need to be concerned about it going further. As they say - Its good to talk.

Dav010

https://www.boards.ie/discussion/comment/119384719#Comment_119384719

Because you may not be getting the full story here, and telling someone “not to worry”, everything will be ok, they won’t evict you, is clearly poor advice. We do not know what brought this to a head, how motivated the HA to evict tenants in arrears, and what effect that court supported eviction would have on both the op, and his/her future renting prospects.

The op, after communicating with the HA will have to assess how determined they are to evict, and then try to secure new accommodation as quickly as possible. If he/she digs in, they will still evict albeit over a longer period, but a serial murderer will have a better chance of getting a future rental if it goes on the RTB site/gets publicised.

So, the reasoned approach is the best.

Edit: Just noted that the notice period is one month, that suggests either the op has only been there a short period, or possibly has a licensee agreement rather than a tenancy, so may not have Part 4 rights.

Ondedge

Hi all, thanks for your replies and taking the time to reply.

Just to clarify a few things I've being a tenant for 3 and a half years. I promise there's not more to the story the reason for the 28 days notice is because it's rent arrears.

I emailed the HA basically begging for a second chance, I haven't received a reply as of yet. I also contacted Threshold who are going to make representations for me. I'm still really anxious about it all but I really appreciate the support.

Calahonda52

OP.

1: stick with your plan

2: ignore the muck dredger from Dunmore east, I suggest you block them

click on the name and then there is a little dropdown arrow over on the right: see below

3: ignore the muck dredger from Dunmore east, whose posts are completely insensitive to your mental health as described

4: Keep safe and well, it will work

5: Long waiting list for MABs so stick with your plan, making sure you talk to a human, emails not great in these cases

CreadanLady

If you are there for 3 years they legally cannot evict you with only 28 days notice. It has to be a mistake on their part. Either that, or complete and utter incompetence.

Don't be panicking about it. Just relax and don't be getting worked up. Keep you communications with the HA calm, professional and stick to the facts.

Good idea getting threshold to represent you.

You won't be evicted if the HA has any sense at all. And if they do indeed turn out to be dumb enough to try evict illegally with insufficient notice, then you absolutely have them red handed and you'd be in line for a fine pay day out of them in court.

Mrs OBumble

Quit with the emails.

Pick up the phone and talk to them.

The chances of a housing association getting a judge to sign off an eviction of someone who is taking steps to catch up their arrears are very close to zero.

Ondedge

Hi all,

Firstly I'd like to thank you all for taking the time to respond and offer advise and support. It's truly appreciated.

The HA responded to me today and said that they have reviewed my account and acknowledge that I have being making efforts to clear my arrears. They have decided to put the Notice of Termination on hold. I will meet with my housing officer next week to arrange a payment plan.

To say I'm relieved is an understatement and a position I will never allow myself to get into again.

Thanks so much again.

Dav010

https://www.boards.ie/discussion/comment/119391343#Comment_119391343

If there is an RTB determination in a dispute for non payment of rent/eviction due to rent arrears, the District Court Judge is not signing off on evicting someone, they are ruling on enforcement of a legally binding order. So to say there is zero chance of enforcement of a legally binding order, seems contradictory.

Dav010

https://www.boards.ie/discussion/comment/119391931#Comment_119391931

Good fortune.