Homeowner can't move back into her home because of eviction ban

[Brendan Burgess]

Fair play to this woman for going public on it. She rented out her apartment for a year while she was abroad and now can't move back into it because of the winter eviction ban.

‘I’m a homeless homeowner’: The apartment owner who is now couch surfing

Jeanette Brown believes there should be amendment to the Act to allow for situations such as hers

www.irishtimes.com

A 33-year-old landlord, who moved abroad for a year but has recently returned home, is couch surfing, and has slept in her car some nights, as she is unable to move back into her apartment due to the eviction ban.

Jeanette Brown bought her apartment in Dublin in 2017. The fashion buyer was recruited abroad in 2021, and accepted a job offer in Dubai, moving in July of that year.

She then rented out her apartment to cover the mortgage while she was living in the Middle East. In July she issued her tenant an eviction notice from Dubai but was told three months later the notice was deemed invalid due to a recent change to rental legislation.

By that time the Government had introduced a moratorium on evictions, meaning if a residential tenant is given an eviction notice by their landlord between the end of October and next March, the eviction will be deferred until April.

 

[ClubMan]

In July she issued her tenant an eviction notice from Dubai but was told three months later the notice was deemed invalid due to a recent change to rental legislation.

If she issued 90 day notice to quit in July (even the last day of that month) then it seems odd that it didn't involve a termination date before 30th October when the moratorium came in?

 

[Brendan Burgess]

Hi ClubMan

The problem is that a tenant can do what they want.

The landlord has to get every aspect of the eviction notice correct. If they fall into any of the potholes along the way, the notice is invalid. The likes of Focus Ireland are well used to scrutinising eviction notices and finding errors in them.

Brendan

 

[NoRegretsCoyote]

She then rented out her apartment to cover the mortgage while she was living in the Middle East.

People don't realise that when you let your own dwelling you become immediately subject to tenancy law which is very rigid and designed to keep tenants in homes for a long time.

If tenancy has lasted less than a year it's a notice period of 5 months and if it's more than a year it's 6 months notice. It's not clear from the article when exactly she served the notification of tenancy but absent the evictions ban if she'd still have to have given 6 months notice and she'd still be couch-surfing if she'd issued the notification on 1 July 2022.

In July she issued her tenant an eviction notice from Dubai

In most instances, a landlord is required to submit a Statutory Declaration with the notice of termination. She would have had to have this done by the Dubai equivalent of a "Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner" for it to be valid. I wonder if she did this even.

 

[ClubMan]

If it's less than a year it's a notice period of 5 months and if it's more than a year it's 6 months.

Ah, I thought that 90 days was the notice period. Seems that's only for non fixed-term tenancies?

If your landlord wants you to leave

The rules that private landlords and approved housing bodies must comply with when ending a residential tenancy.

www.citizensinformation.ie

 

[NoRegretsCoyote]

Seems that's only for non fixed-term tenancies?

Even with a fixed term tenancy after six months a tenant gets Part 4 protection!

A standard tenancy is highly risky now for someone who wants to go abroad for a short period for travel or work. Both due to the length of notice periods needed and inability to move on a tenant who doesn't want to leave.

In her circumstances I think she would have been better putting in place a caretaker arrangement with a friend or family member.

 

[Groucho]

In July she issued her tenant an eviction notice from Dubai but was told three months later the notice was deemed invalid due to a recent change to rental legislation.

That leads me to wonder whether a cunning tenant (possibly advised by one of Ireland's wonderful tenants rights' "charities") had waited until the last day of the eviction notice before informing her that the notice was invalid. But perhaps I'm being too cynical in the "Season of Goodwill".

 

[Brendan Burgess]

That is exactly what happens.

 

[NoRegretsCoyote]

That leads me to wonder whether a cunning tenant (possibly advised by one of Ireland's wonderful tenants rights' "charities")

The legislation has been amended since 2016 to become very tenant friendly.

The formal obligations on landlords are now at the point where most landlords will struggle without expert, even legal, advice. There is no such expectation on tenants.

The cost of one missed step in a notification of termination by a landlord is total invalidity and having to start again.

 

[Chipmunk]

There is a similar problem with holiday homes. If you want to rent your holiday home for a couple if years and earn some extra cash and help with the housing crisis. The problem is you can’t get your house back because you do not meet the needs for ending the tenancy ( getting it back as a holiday home).

 

[Groucho]

I wonder how many of those hundreds of public spirited holiday home owners who have responded to the government's appeal to help accommodate Ukranian Refugees are aware of that.

 

[Early Riser]

I wonder how many of those hundreds of public spirited holiday home owners who have responded to the government's appeal to help accommodate Ukranian Refugees are aware of that.

AFAIK there is no tenancy arrangement under the Ukrainian scheme - indeed, it is a condition of the €800 monthly "Accomodation Recognition Payment" from the Dept of Welfare that there is no tenancy arrangement. A contribution towards utilities/maintenance costs is allowed.

 

[Groucho]

AFAIK there is no tenancy arrangement under the Ukrainian scheme - indeed, it is a condition of the €800 monthly "Accomodation Recognition Payment" from the Dept of Welfare that there is no tenancy arrangement. A contribution towards utilities/maintenance costs is allowed.

But what guarantee is there that the homeowner can reclaim their property?

 

[Early Riser]

But what guarantee is there that the homeowner can reclaim their property?

That is a different question. The homowner above was prevented from gaining possession because of tenant legal protections. These do not apply under the Ukrainian Scheme. Other that this I am not sure what type of guarantees could be given. That an enforcer will show up if necessary? What guarantees apply in relation to the rent-a room scheme?

 

[Brendan Burgess]

Hi Early Riser

This story of the poor woman not being able to access her own home shows how absurd the legislation has become and how more absurd it becomes in time.

I would not be surprised if the government introduces "emergency" legislation to protect Ukrainians living in people's homes. It would be absurd, but so is a lot of the legislation. Likewise with the "Rent a room" scheme.

All of this legislation is written to protect the existing tenant. It does not balance the rights of the landlord/family. It does not take into account the deterrent effect of such legislation.

Brendan

 

[Groucho]

Other that this I am not sure what type of guarantees could be given.

Agreed. QED. Caveat homeowner!

 

[Early Riser]

This story of the poor woman not being able to access her own home shows how absurd the legislation has become and how more absurd it becomes in time.

Agreed.

I would not be surprised if the government introduces "emergency" legislation to protect Ukrainians living in people's homes. It would be absurd, but so is a lot of the legislation

I would be more than extremely surprised by this. While there are no certainties in life this is not one to be too concerned about.

 

[JMJR]

People don't realise that when you let your own dwelling you become immediately subject to tenancy law which is very rigid and designed to keep tenants in homes for a long time.

If tenancy has lasted less than a year it's a notice period of 5 months and if it's more than a year it's 6 months notice. It's not clear from the article when exactly she served the notification of tenancy but absent the evictions ban if she'd still have to have given 6 months notice and she'd still be couch-surfing if she'd issued the notification on 1 July 2022.



In most instances, a landlord is required to submit a Statutory Declaration with the notice of termination. She would have had to have this done by the Dubai equivalent of a "Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner" for it to be valid. I wonder if she did this even.

Re a Statutory Declaration.
I was in this position when working abroad and can confirm that "A diplomatic or consular officer of Ireland" is legally able to witness a statutory declaration. In my case an officer in the Irish Embassy in Riyadh.

 

[JMJR]

I am gobsmacked by the level of discourse and by the misplaced entitlement evident in the discussion in this thread!
In my opinion when you rent out your home, it ceases to be your home. When you enter into a business contract with another party you both have to follow law that clearly bounds how you and the other party must operate and interact. You each have duties, obligations and protections, which protects yourself and the other parties.
If you think the allocation of responsibilities between the parties is unequal and benefits tenants then, press to change the law.
I have been a landlord and found that the regulations were well illustrated on the PRTB website. It took some reading, re-reading and reference to the legislation itself, Irish Statutes, for me to be clear what my duties were. Not easy but not impossible for a lay person like me.
Don't become a landlord if you are not prepared to be one. Insure against what happened to the OP by spending money on legal advice.

 

[Brendan Burgess]

It took some reading, re-reading and reference to the legislation itself, Irish Statutes, for me to be clear what my duties were. Not easy but not impossible for a lay person like me.
Don't become a landlord if you are not prepared to be one. Insure against what happened to the OP by spending money on legal advice.

If you are renting out your apartment for one year, you can't go to all that difficulty.

And not everyone is as resourced as you are to read, re-read and understand the law.

And then not trip up on some hurdle along the way.

But you make a good point "Don't become a landlord" which is what this all achieves. It frightens off ordinary people from letting their homes. Then people complain about houses being left idle.

Brendan