Getting evicted, baby due in 5 weeks

gameoverdude

https://www.boards.ie/discussion/comment/123024120#Comment_123024120

What!? Obligated to sell to them? Where in law is that? My christ the advice here.

If you have a year lease it's a contract.

Overholding is morally wrong. They own the place, it's theirs, but they have to follow the law.

Your situation is no different to other families and I hope you well, but it's not your place.

Keep looking.

meijin

1st - don't help the agency or the landlord to send you a correct termination notice!

don't argue with them, don't complain - you will only help them against your own interest!

2nd - once you get a termination notice, file a dispute with RTB, but only close to the end of the notice period/time limit for the dispute

3rd - if you lose, appeal to the RTB Tribunal

this should buy you about a year probably; should be hopefully enough time if you're in the process of looking for a house to buy anyway

Emblematic

deleted

exiledawaynothere

there are options without going to court, emigrating or contacting a Minister…

https://www.citizensinformation.ie/en/housing/owning-a-home/help-with-buying-a-home/local-authority-affordable-purchase-scheme/#:~:text=The%20Local%20Authority%20Affordable%20Purchase%20Scheme%20helps%20people%20on%20moderate,OR

MrRigsby

https://www.boards.ie/discussion/comment/123023634#Comment_123023634

Australia? Have you seen the property price rises and rent increases in Australia? Makes Irish property look like a bargain .

trindade

https://www.boards.ie/discussion/comment/123024224#Comment_123024224

This is a new law under Residential Tenancies (Amendment) Act 2024

Private tenants who want to buy their rented home

If you are renting privately and your landlord wants to sell your rental home, your landlord will have to offer to sell it to you first. This is known as First Right of Refusal.



Does not matter if it is a contract or not, RTB is clear about the notice:

Notice Periods

By law the notice period starts on the day immediately following the date of service of the Notice of Termination. The date of service, must be stated in the Notice of Termination, is the date the notice is posted, or hand delivered.  Example: On Monday, 1 July, a landlord posts a Notice of Termination to the tenant giving 28 days notice that the tenancy is being terminated. 1 July is the date of service. The 28-day notice period, starts on Tuesday, 2 July. It is a good idea for landlords to give some extra days’ notice to tenants to make sure the minimum notice period required in the particular circumstance is covered. 

Since 6 July 2022, when a landlord wishes to end a tenancy, there are new notice periods that the landlord must provide a tenant (outlined below). The new notice periods only apply to tenancies that are less than 3 years old. There has been no change to the notice periods for tenancies that are greater than 7 years old. The amount of notice required to end a tenancy depends on how long the tenant has lived in the property. The law sets out minimum notice periods which are different for a landlord and a tenant. The minimum requirement is 90-days for a tenancy that is less than 6 months in duration. Please note that “duration” refers to the total period of time in which a tenant has been living in the dwelling i.e. from the commencement date of the tenancy up to and including the date on which the Notice of Termination is served. 

• Less than 6 months - 90 days
• Not less than 6 months but less than one year- 152 days
• Not less than 1 year but less than 7 years - 180 days
• Not less than 7 years but less than 8 years - 196 days
• Not less than 8 years - 224 days

In order for a Notice of Termination to be valid, it must:

• Be copied to the RTB at the same time as it is served on the tenant.  
• Be in writing (an email will not suffice).
• Be signed by the landlord or their authorised agent, as appropriate. 
• Specify the date of service. This is the date the notice is posted, or hand delivered. 
• State the grounds for termination (where the tenancy has lasted for more than 6 months or is a fixed term tenancy). 
• Specify the termination date and also that the tenant has the whole of the 24 hours of this date to vacate possession. 
• State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the RTB within the time period permitted.   
• From 6 July 2022, there is a requirement for the landlord to send a copy of all Notices of Termination to the RTB on the same day as the notice is served on the tenant. The Notice of Termination will be deemed invalid if this requirement is not met.  

Since 6 July 2022, if a tenant has an issue with the validity of the Notice of Termination they have received, a tenant now has 90-days (from the receipt of the notice) to apply for Dispute Resolution with the RTB. This was increased from 28-days.  

This does not apply to Notices of Termination served for breach of tenant obligations or rent arrears (click here for the 6-step process that must be followed when a landlord wants to end a tenancy because of rent arrears and the tenant has been renting the property for more than 6 months). Where a breach has occurred, the time period to apply for dispute resolution with the RTB is 28-days.  

Note: If you are submitting a Dispute Resolution application for rent arrears or are disputing the validity of a Notice of Termination, you must attach the Notice of Termination to your application. 

https://www.rtb.ie/registration-and-compliance/ending-a-tenancy/notices-of-termination

Emblematic

https://www.boards.ie/discussion/comment/123024309#Comment_123024309

Dublin vs Sydney seem roughly equal for rents. Single person rent slightly lower in $1663 (Sidney) vs (Dublin) $1872. Family rents also lower in Sydney $3057 vs $3267. In addition, the average after tax salary is also a good bit higher in Sydney than Ireland $4399 vs $3754 in US Dollars.

I'm not sure the evidence is there to support the idea that Irish property is a bargain if you consider the major cities of the two countries, though no doubt, like Ireland, things have been getting worse.

https://livingcost.org/cost/dublin/sydney

Mellor

https://www.boards.ie/discussion/comment/123024052#Comment_123024052

Being a professional is not an automatic passport to Australia. Very naive post. Not all jobs qualify for independent migration.

https://www.boards.ie/discussion/comment/123024309#Comment_123024309

You also have to consider the wages are significantly higher. Closes the gap, Australia still probably more expensive in main cities, not so much regionally.

SupaCat95

Being a State Registered Nurse is always a desirable qualification. I imagine paramedic is also in demand. Australia is far from a perfect country. Working in the territories is an assistance to getting citizenship.

There is nothing stopping you from making a reasonable offer to the landlord prior to the property going on the market

Raichų

https://www.boards.ie/discussion/comment/123023225#Comment_123023225

much smarter move in this case tbh

boardsdotie44

https://www.boards.ie/discussion/comment/123024309#Comment_123024309

Have you seen the wages? Its all relative :)

Ray Palmer

https://www.boards.ie/discussion/comment/123024330#Comment_123024330

I don't believe that actually became law and is still just a proposal. I have tried to find where it was made law and found nothing. Maybe you can show it was passed into law as the amendment you have stated is about student accommodation as far as I can see

Former Former Former

https://www.boards.ie/discussion/comment/123024381#Comment_123024381

The guy has a baby coming in 5 weeks with two other teenage kids to house.

These suggestions of going to Australia are a lot less helpful than you seem to think they are.

SupaCat95

https://www.boards.ie/discussion/comment/123025020#Comment_123025020

What most other posters are suggesting that that the OP kick the can down the road 6 weeks, 6 months, 2 years but the OP is still going to be in the same position then as he is now. The Owner want either re-let or sell the house. The faster you deal with that fact the closer you get to a real solution. There is neither a solution coming from public housing or the private market.

I dont think they will be homeless in 5 weeks but they will definitely will be in 6 months. I have seen this before with my friend who were given notice during Covid and were made homeless there after. At no point did they grapple with reality it was on the way. They appeal to county council and health board to buy, they asked homeless charities, they didnt look out side their preferred area. They knew they were right and they were sticking to their guns. One is now in a homeless charity and the other is struggling to survive to pay private rent after 18 months being homeless.

SupaCat95

https://www.boards.ie/discussion/comment/123024216#Comment_123024216

Please indulge me with your solution. One where they dont move back with their elderly parents or play games using RTB for a never ending solution. There are no massive amount of housing coming on stream, we do not have the number of tradesmen needed. There is no stopping the land lord selling his private property. There is also a massive failure on the way of older infrastructure in our cities both water systems and sewage systems. I await patiently.

boardsdotie44

https://www.boards.ie/discussion/comment/123025218#Comment_123025218

Yeah, unfortunately their is some merit to what you say.

Most ppl seem to be astounded by the suggestion, I dont think they fully appreciate how bad it is.. but this is how desperate the situation is in Ireland ATM - In a large part thks to the government and stupid policies they have introduced over the years..

I have seen no other suggestion that will help this family long term?

Dohnjoe

https://www.boards.ie/discussion/comment/123025218#Comment_123025218

OP thought they had 5 weeks, and many posters are rightfully pointing out they have significantly more time than this. Which is all decent advice.

As someone who has moved/lived abroad in multiple countries, going to Australia with a baby on the way and kids as a "solution" to this issue is a strange one. It's risky and challenging at the best of times, it would be rushed, all those involved have to be fully onboard (difficult to simply move back once over there), requires a ton of extra work and preparation, it's on the other side of the world from family (and support networks).

Not sure how else to put this, it's the opposite of good advice in this situation

Mellor

https://www.boards.ie/discussion/comment/123024381#Comment_123024381

Paramedic is not on the skilled independent migration list. The difference is I'm speaking from knowledge not imagine.
Nurse is, but, I doubt his heavily pregnant partner is in a position to join the workforce.

Working in the "territories" is not a shortcut to citizenship. The time requirement is the same no matter where you are.

You are giving advice on a topic that you don't appear to have much experience of.

Mellor

https://www.boards.ie/discussion/comment/123025178#Comment_123025178

How is insisting on the proper notice, so that they can purchase the current or another house, kicking the can done the road.
More importantly, how does seeking to buy mean that they will be homeless in 6 months.

How soon do you think they could move to Australia, if started on the paperwork this month?

SupaCat95

https://www.boards.ie/discussion/comment/123025332#Comment_123025332

I never said the word "shortcut" , however I am interested in Citizenship By Investment. I do know some of the fastest citizenships by investment take 6 months. I do have experience with homelessness and it is coming very quickly. Its **** when you get out priced out of the market no matter what you do.

SupaCat95

https://www.boards.ie/discussion/comment/123025341#Comment_123025341

I never said they should not get proper notice but the reality is the Landlord wants them out of the house and it is the end result. Whether it happens in 6 weeks or 6 months or 2 years (like my friends). The homeless in 6 months is in reference to the time they probably have on the current rented house. "Seeking to buy" doesn't mean anything, have they got mortgage approval? A good deposit is something but not the key to the door of a new home.

I honestly do not know as I or none of my friends have ever emigrated to Australia as adults with families in tow. All my friends/peers/family would have been living at home or in a house share when renting a room was cheap and easy in a city. So I cannot compare like with like. I would with no house, interviews, professional paperwork, letting both immigration and recruiters know your intentions …. guessing three months but more realistically 6 months at the earliest. More people have moved faster in history with less when they could see what the future held.

Much of it is down to motivation. They dont have many ties holding them back. Granted the grandparents are elderly but they will understand it is the best for the grandchildren's future. They have a young family, educated and experienced.

I am not seeing anyone else offering up any ideas that see beyond 6 months.

There is always a chance they could come back from the middle east but once they go to Australia, it is very difficult to get back and bring money home of substantial quantity. I only know of one person who has done this.

SupaCat95

https://www.boards.ie/discussion/comment/123025290#Comment_123025290

Oh yeah I was in the same situation there 4-6 years ago and could afford rent but couldn't rent with only one income. I was in the same place for 4 years with unsuitable accommodation. I would have moved if we could. There was "awwww That is really tough", lots of helpful advice from charities but no help, same for county council and same from politicians. The people picking holes in my solutions have never been desperate for accommodation. I was over in Birmingham about 15 years ago and saw the future for Ireland and I wanted to move after that. Been trying to since with various set backs and emotional blackmail. There is no doubt government policy is behind this but you have to look out for you and yours.

arctictree

To those advising to overhold, surely they will never be able to rent again this country?

SupaCat95

https://www.boards.ie/discussion/comment/123026012#Comment_123026012

That hold overthing legal or not, will not help in the longer term past 6 months?.

Well there goes your letter of reference ………

All letting agents in an area know each other because they all went to the same school, gym, rugby club and golf club. They all phone each other regularly for references. Shure they cut the backs off eachother in the market place but they are all old school buddies.

If an EMT and an SRN are having problems now (because we were one Manager and one on Disability), how long do you think it will take to reach the next level of two white collar workers? or Two managers?

Mellor

https://www.boards.ie/discussion/comment/123025630#Comment_123025630

You said the working in the “territories” was an assistance in citizenship. It isn’t. It makes no difference.

Investment migration visa requires you to invest 1.5m for a number of years before you can even apply. You also have to be already in Australia fir a couple of years to apply. silly suggestion really.

https://www.boards.ie/discussion/comment/123025785#Comment_123025785

Will take a few months to get paperwork together. Processing takes 8-9months. So looking at 12 months minimum. So really of zero benefit here.

Also, the idea that you can’t bring money home of substantial quantity is way off. plenty of people saving a lot while earning a lot and come home. Though prob not those you knew In cheap house shares.

Your knowledge seems quite limited on the matter, not sure why your recommending an option you know little about

Former Former Former

Jesus. The OP came looking for advice on a pressing matter and the thread has been totally hijacked by one poster who's only interested in pushing his own political agenda and grievances with Ireland.

If the guy wanted tips on making a new life in the outback, I'm guessing he would have asked for them.

Ezeoul

https://www.boards.ie/discussion/comment/123026012#Comment_123026012

Of course they will.

Many people who are being evicted now, are being pushed into impossible situations as there is so little supply of available rentals. Where are they supposed to go? They are having the same difficulties as the OP. Not everyone can be punished forever for a crisis in the market now (and god knows how long it will continue, there seems to be no end in sight).

(eta) in this case I am a little suspicious of the letting agent. No formal notice, wrong length of notice mentioned…. call me a cynic, but I'd be suspicious that the agent has someone else in mind for the house, (friend, family member?) and it may not be coming from the landlord, at all.

deirdremf

I find the suggestion that the solution to the problem is "Go away" to be the least helpful one of all.

The best solution IMO is to go the RTB route. Do not help the landlord or the agency in any way; ignore the request to leave until it is issued in the legally-approved format. Furthermore, check that the property is on the RTB register - if not, there would be tax and compliance issues for the landlord/agency. Here's the link to the register

Look at your contract - it is probably a standard contract with no specifics re a 1-year lease, but I would imagine that the RTB would consider the minimum period stated in the advertisement as binding, and if not you could take the landlord and the agency to court for false advertising, if you wanted to go down that route.

SupaCat95

https://www.boards.ie/discussion/comment/123026098#Comment_123026098

I never said I was interested in Australia as citizenship by investment. I am more interested in cheaper countries like Caribbean (Antigua, St Lucia and Dominica not Kitts and Nevis) before it started to rise and South America. According to Andrew Henderson of Nomad Capitalist who I follow and read his book. It is difficult but not impossible. Australia discourage you from taking money out through taxation. Then when you bring it back into Ireland you have to pay tax on it again unless it is 3 or 4 years old. You are caught either way.

When we had cheap house shares it was 25 years and it was the done thing to voluntarily go to Australia for 12-24 months. They were all nurses, engineers and teachers starting out in life. Nice of you to cast dispersion on my family and associates you know nothing about. I have never heard of a mature person with a family come back from Australia, when they go they stay (I have two cousin with mature families out there with no intention of returning). I have heard of young people immediately out of university go there to either get their career kick started or get a deposit for a house.

Bahrain, UAE and Qatar are all open for business. Kuwait and Oman would be less attractive. Legitimate countries, tax free, housing allowance, public health care etc.

I would be for Australia personally. Too much high tax and high price of property. If there was ever to be a recession in Australia it would hit hard.

Lets hear your suggestions apart from "hold fast". Now it has to be a strategy that will lead to be able to rent own a house for 5 years or more. Allow them save for a pension and provide for three children up to university level. All you are capable of is denigerating me without any positive suggestions.