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Appealing an Eviction Notice RTB

  • 09-01-2025 3:42pm
    #1
    Registered Users, Registered Users 2 Posts: 24


    hello all

    My dad was giving his Notice to Quit letter today for his tenancy in his Flat, he now has 28 days to vacate the Property for serious Anti-Social Behaviour around the Flat complex which is his fault, is there any point in putting in an appeal to the RTB ? could this buy him some more time or how does the Appeal work. also what if he refuses to leave the property? does it go through the Courts for an eviction or the RTB??



Comments

  • Registered Users, Registered Users 2 Posts: 22,811 ✭✭✭✭ELM327


    Sounds like it was justified. Accept it and move out IMO.



  • Registered Users, Registered Users 2 Posts: 10,196 ✭✭✭✭Caranica


    Serious anti social behaviour that was his fault? Would be a waste of time and money to appeal.



  • Registered Users, Registered Users 2 Posts: 6,599 ✭✭✭Claw Hammer




  • Registered Users, Registered Users 2 Posts: 24 Ozzy1876




  • Registered Users, Registered Users 2 Posts: 24 Ozzy1876




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  • Registered Users, Registered Users 2 Posts: 676 ✭✭✭Raichų




  • Registered Users, Registered Users 2 Posts: 24 Ozzy1876


    any idea what happens if my Dad refuses to leave the property after the 28 days?



  • Registered Users, Registered Users 2 Posts: 6,599 ✭✭✭Claw Hammer


    There will be an application to the RTB seeking to remove him on grounds of overholding. He can dispute the Notice at that stage. He should get in touch with Threshold for assistance.



  • Registered Users, Registered Users 2 Posts: 1,004 ✭✭✭mondeoman72


    If as you say, he is guilty of serious anti-social behaviour, then surely the solution is to sort that first, then try and address the eviction. If he gets that sorted, maybe he can appeal the rest.

    Otherwise he will be a blight on his neighbours and in that case, it's his own problem.



  • Registered Users, Registered Users 2 Posts: 6,599 ✭✭✭Claw Hammer


    How can he sort something that has already happened? The landlord will be going to the RTB on grounds of overholding in a few weeks. There won't be an appeal as he will try to resist the termination notice.



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  • Registered Users, Registered Users 2 Posts: 24 Ozzy1876


    Hi Clawhammer

    thanks for your useful replies, if he does decide to Overholding what time frame would the RTB and the Landlord sort a resolution , would we be talking weeks or months ?



  • Registered Users, Registered Users 2 Posts: 676 ✭✭✭Raichų




  • Registered Users, Registered Users 2 Posts: 30,687 ✭✭✭✭Wanderer78


    doesnt resolve the problem at all, just moves it somewhere else, he clearly needs professional help, as well as new suitable accommodation



  • Registered Users, Registered Users 2 Posts: 1,247 ✭✭✭wildwillow


    The RTB moves so slowly and is biased towards the tenant so he can appeal and easily get a year extra. Maybe HAP would discontinue payments but I doubt it. Very unfair for the landlord and neighbours but that's the reality of renting.



  • Registered Users, Registered Users 2 Posts: 30,687 ✭✭✭✭Wanderer78


    again, removing welfare payments doesnt actually resolve the problem, it sounds like theres serious dysfunctions happening here, that more than likely require professional care, removing welfare supports just moves the problem somewhere else and makes it an even bigger problem for others….



  • Registered Users, Registered Users 2 Posts: 573 ✭✭✭StormForce13


    On the other hand, it removes the problem from his neighbours who, as most of us would probably agree, are entitled to live their lives without having to endure a further period of serious anti-social behaviour on their doorsteps.



  • Registered Users, Registered Users 2 Posts: 4,800 ✭✭✭BlueSkyDreams


    Do the council not discontinue HAP payments, once the eviction date has passed?

    Regardless of whether the tenant overholds.



  • Registered Users, Registered Users 2 Posts: 573 ✭✭✭Jim Herring


    What makes you say he ‘clearly needs professional help’?

    He may need it, maybe even probably needs it, but how can you say he clearly needs it based on the information provided by the poster?



  • Registered Users, Registered Users 2 Posts: 17,501 ✭✭✭✭banie01


    A look at some of the other threads by the OP regarding his Father's descent into aggressive paranoia and seeking to delay the eviction on the grounds of his Father's mental health probably gave him an inkling. Along with the OPs also asking about a nursing home suitable for his Father's issues.



  • Registered Users, Registered Users 2 Posts: 30,687 ✭✭✭✭Wanderer78


    not only do the current neighbors require it and are also entitled to it, but so to are the next and the next and the next….

    …again, removing welfare supports just exasperate the problem!

    …give away term, 'serious Anti-Social Behaviour', dont be surprised of long term psychological and mental health problems here!



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  • Registered Users, Registered Users 2 Posts: 1,871 ✭✭✭Lenar3556


    The landlord will likely make a complaint to the RTB, who will, after much delay make a determination that he is over holding and order him to leave the property. If he still refuses the landlord will have to pursue the matter in the circuit court to enforce the RTB determination. Ultimately if a tenant is resilient and able to cope with any pressure that the landlord is likely to exert then potentially it could take a couple of years before they are physically evicted.

    But by the sounds of it, there are wider considerations here as to what is in his best interests. Something like this may potentially be a catalyst for positive change?



  • Registered Users, Registered Users 2 Posts: 617 ✭✭✭tvjunki


    There are consequences of your father not leaving.
    You have to remember your fathers name will be on display on the rtb website if he does not leave. I think if he appeals the decision he has to pay a fee of €85.00. He then has to prove he did not cause anti social behaviour in the complex. The landlord must have sone evidence and also third parties could be suing him for leaving your father there.
    He will not get a reference from his landlord and that will go against him for future tenancy. Have a look at charities that might be able to help like Mind or Alone. I do not know his medical issues but you need to get the doctor involved.



  • Registered Users, Registered Users 2 Posts: 1,582 ✭✭✭Voltex


    There's agencies and certain politcal people advocating for tenants to overhold. I personally find this a very risky tactic.

    The RTB maintains a public database on RTB adjudications where a person's name can be searched - effectively a rental 'credit check' system. If your dad is found to have overheld, it's unlikely he'll get another lease in the private system again.

    It's entirely up to the individual if they're willing to take that risk rather than be homeless..



  • Registered Users, Registered Users 2 Posts: 1,871 ✭✭✭Lenar3556


    What are agencies?

    Indeed that’s a risk, but many of the people in this situation are desperate, and ultimately any future housing issues they face will be landed right at the door of the state to resolve, so the disincentive is not that great. They probably will have stopped paying rent also.



  • Registered Users, Registered Users 2 Posts: 4,800 ✭✭✭BlueSkyDreams


    Exactly. Not being able to rent in the private market doesnt matter, as he isn't able to do that now.

    The State provides the housing and past payment history/good behaviour doesnt appear to matter.

    2 in 3 social housing tenants were in rent arrears in DCC in December 2021.



  • Registered Users, Registered Users 2 Posts: 212 ✭✭Maxface


    I would refer him into adult social work.



  • Registered Users, Registered Users 2 Posts: 6,599 ✭✭✭Claw Hammer


    Depending on his legal team. A good one could get a few years out of it. With no team it could be done in 6 months.



  • Posts: 0 [Deleted User]


    Its common on boards to be advised to overhold but it would be worth keeping in mind that all disputes are listed on the RTB website. Most landlords will do a name search prior to letting to see if they get any hits on the RTB and courts websites to ensure they are not getting a problem tenant. If your father decides to overhold the chances of getting accommodation in a private rental will be slim to none so he will be dependent on council or charity accommodation and you could be waiting months if not years to be housed. You also run the risk of the landlord being awarded costs if they have to go down the route of a court ordered eviction. Your best bet is to start looking and move as early as possible.



  • Registered Users, Registered Users 2 Posts: 24 Ozzy1876


    Many Thanks for your replies , i am the OP

    My Dad has decided to open a Dispute Resolution with the RTB which i will have to complete myself on behalf of my Dad due to his aging Mental Health. I am wondering if i should explain his Mental Health on the Application form for the DR or would this indicate it is his own fault he was issued Quit to leave because of his Anti-Social behaviour around the flat complex , Calling in into neighbours etc.

    He is refusing to leave the dwelling (Overhold) saying he is too old for the Homeless section , he has eczema on both feet which he needs wash facilties to treat it , and he also has the aid of a crutch for his hip.

    Should i explain this to the all of this to the RTB



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  • Registered Users, Registered Users 2 Posts: 1,871 ✭✭✭Lenar3556


    He really should receive legal advice.

    Too old, eczema etc. won’t be matters which are relevant to RTB, but there may be better leverage in some other areas.



  • Registered Users, Registered Users 2 Posts: 6,599 ✭✭✭Claw Hammer




  • Registered Users, Registered Users 2 Posts: 10,196 ✭✭✭✭Caranica


    So he committed anti social behaviour and now over holding? The RTB will look favourably on neither of those.



  • Registered Users, Registered Users 2 Posts: 236 ✭✭Soc_Alt


    The process to evict will take months or years to come to an end.

    Do you plan to help your dad in any way mentally?



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