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35 days notice of eviction, High Court only option now!?

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    #32
    Cuddlesworth
    Registered Users Posts: 13,991 ✭✭✭✭Cuddlesworth


    Yeah, your in get proper legal advise territory. Nothing the RTB does is legally binding so the eviction has to be actioned by a actual court and the money you are now owed has to be actioned by a actual court. Which considering the sum involved, you really need to pursue.



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    #33
    reggie3434
    Registered Users Posts: 63 ✭✭reggie3434


    https://www.boards.ie/discussion/comment/121661244#Comment_121661244

    You already own a 400k house which you are a landlord of, you certainly don't need a gofund me.



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    #34
    Dav010
    Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Seems the LL acted appallingly, but it also appears that your case in the HC would be against the RTB ruling. You may win, but if you lose, you and your housemates could be on the hook for the other sides costs, as well as your own. No doubt your legal council would lay out their fees and possibly want some type of assurance over payment. Would you be in a position to pay all those costs if your are not successful? It would certainly give me pause for thought, you could will a battle (€20k) but lose the war (tens, or even over a hundred thousand).

    Judging by what you posted, there has been an antagonistic relationship between you and the LL from the start, for your own sanity, take the €20k award and move on.



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    #35
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    The landlord will have to try and enforce the determination order in the District Court. You can argue there about unfairness. You should get a solicitor who deals with that type of work. At the very least you can string out the process.



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    #36
    Jazlyn Sweet Arm
    Posts: 0 ✭ Jazlyn Sweet Arm


    I am a landlord but encased in a below market rent. I have developed progressive multiple sclerosis which means I need funds for future assisted living in a suitable place. My pension is small, I really need to sell. Fortunately my good tenants have managed to buy their own place, moving out shortly. Just sometimes landlords really do need their property back just to survive.

    Post edited by [Deleted User] on


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    #37
    Jmc25
    Registered Users Posts: 299 ✭✭Jmc25


    https://www.boards.ie/discussion/comment/121645419#Comment_121645419

    Desperation I would imagine, it’s widespread as people struggle to find a place to live which is within their means. There is likely nowhere else for the OP to go so while they might not “like” the rent, they probably felt they had to pay it.

    That is not an excuse for the LL to overcharge the OP and their housemates to the tune of 20k, whatever one’s views on the effectiveness or otherwise or those regulations.



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    #38
    lirjandoo
    Registered Users Posts: 25 ✭lirjandoo


    https://www.boards.ie/discussion/comment/121689464#Comment_121689464

    Creating hypothetical scenarios to gauge performance of an investment from a property, does not mean I own the property.


    Thanks to the other posters above. We have an appointment with a solicitor soon.

    We'd find it very demoralising if the legal system won't allow us to contest what we believe to be a ruling made without having considered all evidence.

    There's an obvious need for a review of how these matters are dealt with as written about here: https://www.irishexaminer.com/news/arid-30847220.html


    That's interesting about having to enforce the order through the district court. Does that mean, if we stay put, we'd have a chance to argue our case in the district court in front of a judge?



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    #39
    lirjandoo
    Registered Users Posts: 25 ✭lirjandoo


    https://www.boards.ie/discussion/comment/121690827#Comment_121690827

    Sorry to hear about your health. There's some very interesting studies on MS and possible improvement with lifestyle changes here: https://nutritionfacts.org/blog/how-to-treat-multiple-sclerosis-with-diet/


    We would not be creating a fuss if the medical grounds were genuine. The last rental we were in, they needed to evict us to sell the property to help with medical costs and we were out on time despite the disastrous rental market and having to move to a worse area, into a smaller, colder and more expensive house.

    Post edited by Boards.ie: Paul on


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    #40
    Jazlyn Sweet Arm
    Posts: 0 ✭ Jazlyn Sweet Arm


    https://www.boards.ie/discussion/comment/121691087#Comment_121691087

    Small time landlords aren’t honestly the best for tenants to depend on because so much hinges on their personal circumstances.



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    #41
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Guys- just a heads up- we are specifically forbidden from offering what could be construed as legal advice.

    I think the OP has been offered as good information as possible, given the framework under which this forum operates.

    Accordingly- the thread is closed.



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