Homeless & Locked out of Co Owned Property

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TX1

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My situation is quite unusual. I purchased a property with a former partner 10 years ago. We separated 2 years later and the property was rented out. We have both since married our current partners and no longer communicate. The property I rent has been put on the market and I am unable to find suitable accommodation in the same area. I am now homeless. I wish to return to the property I co-own so as my daughter can remain in the area close to her family, friends and school.

However, the property which I am a co-owner is currently occupied by the brother of the other owner and no tenancy is in place. He covers the mortgage and has two children that stay with him every second weekend. However, he has a house in the same town that is rented out as he cannot afford the mortgage payments on his own which is why he moved to my home. I need the premises vacated as soon as possible but I am unsure how to proceed and any advice would be greatly appreciated by me and my family as there is no other alternative.

I issued notice via a solicitor and he ignored it. My solicitor said as there was no objection I was free to move in. However, when I tried to enter the locks had be changed a a spyhole had been installed on the door. I had TRS removed but the other person had not and it is still being applied on the basis that they have told revenue they are still living there. I registered the tenancy and attempted to resolve the dispute that way.

However, the brother confirmed to both the PRTB and to my solicitor in writing that there is no tenancy and that he is living there under the Rent a Room Scheme and that the other co-owner has resided there since 2013. This is a lie. They have resided in Dublin with their partner and child since 2011. This was done, I imagine, as a means to not pay revenue due to the property making a profit. I am so stressed and homeless for almost 3 months now.

Has anyone experience on having the locks changed. I have evidence that I informed the other co owner to remove their TRS and the reply saying they would not. The rent is 300 more per month than the mortgage repayments. The co owner is keeping these payments and not declaring income tax, receiving TRS illegally and failing to register the tenancy. They have now requested I remove my name or they will force a sale. It is in negative equity but the property is making a large monthly profit. My main concern now is getting accommodation for my daughter and myself as we are sleeping in a friends living room.

Any advice appreciated. I have paid my share of additional expenses over the years which amount to over 5000. I have also paid over 50,000 in rental payments during the whole period I have been excluded from the property. My solicitor has told me that as notice has been served, and as the brother has confirmed that no tenancy exists that I am free to enter the property and change the locks. The Garda will be present when I change the locks. Can he remain on the property after I move back in and take over all repayments in full. Is this correct?
 
So, you want to evict a family from a house you have no involvment with because the house you currently live in is no longer available.

If you're now claiming a tenancy has existed since 2011, then you as co owner will also be liable for back taxes on the rental income. That means penalties and interest too.

How is the amount of rent you've paid over the years of any relevance?

I'm sure this story is a lot more convulated than it even appears on here but all I see is grief for everybody.

If it's in NE and you're being offered the chance to walk away, than my advice is to take that offer and let the rest of them deal with the mess they are creating for themselves down the road with revenue to it.

Also just because the rent is higher than the mortgage repayments doesn't mean with running costs and taxes that there is actually any profit.
 
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I have contacted revenue immediately after moving out and had my TRS removed. Revenue said that the other co-owner had not changed their details and only they could do that. I have no involvement due to the other co/owner renting the property out without my consent and after finding out from a third party have had all attempts (over 5000 emails) to be involved ignored including telling the previous tenants I was not the coowner.

Upon attempting to register the tenancy as obliged by law they were informed that the "tenant" was only renting a room. I am not evicting a family I am evicting one person who had changed my locks and refused me access for several years so that comment is a bit harsh. I have a child who has nowhere to live despite trying to resolve this issue amicably since 2011. He owns a property in the same town which he refuses to return to.
 
You said he had two children stay with him every weekend.

When you split up originally what was worked out regards the property?

I'm not trying to be harsh, but to stop you doing something foolish that will have profound implications for everybody. How much NE is there? Can you afford the full mortgage?
 
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The rent I have paid is of relevance as I have been forcibly excluded from the property for a number of years and it was either live on the street, live in my mothers or pay rent due to having no access to a property I hold legal title to.
 
I have being renting the property next door for 4 years which costs 480 more per month than the mortgage repayments. That property has now been sold and there is nowhere else to rent.

It was agreed one would remain and the other would rent a second property. When I discovered it had been rented out I requested to move back in ... and here we are several years later with all my requests ignored.
 
Can you both deal with negative equity and just sell the house, you are both married now to new partners and this is a legacy mess, get out of it best you can, sending 5000 emails is nothing short of crazy, get yourself out by any means possible, trying to move back in will never work out, let us know what is left to pay if the house is sold.
 
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I think you are missing the point. The negative equity is 30,000 .... but where do I live in the meantime and thereafter? There is nothing available to rent which is the issue.

The problem is when I return to the property tomorrow and move in I am presuming that the other co-owner has a right to allow her brother to remain on the premises indefinitely.
 
You separated eight years ago, this was/is a ticking bomb that was always going to bite you, fine you can move in, no legal issues preventing that but there will be stress and hassle with sitting tenant/guest and you have a child in the mix. Co owners guest can also stay there indefinitely, it is not just your house, long term or short this needs a permanent resolution.

After 5000 emails I'd wager the co owner wants nothing to do with you but if you can explain you are homeless and this will be temporary then perhaps an agreement can be made to minimise stress for all parties living in the house.

Long term you need an exit here.
 
You said you have married since moving out of the property, where is you husband? Why aren't you solving the living situation together?
 
There are two properties to rent in the town. Both huge properties. Cheapest 2500 per month. The property I own is close to my family and daughters school.

I arrived with the Garda two weeks ago and was refused entry and the Garda made a report. He is now trespassing and I am issuing proceedings against him.
 
Update .... the other co owner has just purchased a second property with her new partner as a joint owner / undivided shares. They can no longer use the argument that the brother is renting a room under the rent a room scheme.
 
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