My landlords house is being repossessed, any advice?

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cazzyg

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I am a lone parent age 62 and the sole carer for my son who has autism. I have rented a house here in Ireland for 2 years. I do not have a tenancy agreement, it was all very informal. I am not on housing benefits and pay my rent faithfully. In February I was handed a letter addressed to 'the tenant/occupier' explaining that my landlord was being taken to court for likely repossession. I phoned him and he said it was a mistake, not to worry. Reading between the lines, it looks like they think he lives here, they are sending him letters which he is having re-directed and ignoring them. I am at my wits end because the solicitors can't tell me anything because I am not him. I keep phoning them to make sure they note down there is a tenant involved. Today I got from one of them that there is a letter in the post to the tenant/occupier to tell when the 'next' court case is. Does anyone know what the next steps are and what I can expect. I am frantically trying to find somewhere but with pets it is difficult. At least if I know what to expect I can plan ahead. Is it likely that someone would just turn up and expect us to leave? I have seen a TV show in the UK where high court officials do that.
 

llgon

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When you get the letter about the next court date contact the court to enquire if you can speak in the court to explain your situation. I am sure the judge/registrar will take this into account and that if you are required to vacate you will be given plenty of notice. In the mean time it would be no harm to keep looking for somewhere suitable.
 

cazzyg

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Yes IIgon that is what Threshold advised but when I phoned the court and spoke to a clerk they were most unhelpful. I would not be sure which court, is a timetable pinned up and would it have names on it? Would I go to the front of court or address the lender outside? When would be my place to let them know who I am, it is very daunting for me.
 

llgon

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Sorry, I wouldn't be familiar enough with the process to answer your questions, someone else may be able to advise. I gather from your original post that you are expecting to receive a letter about the court date. This may provide more clarity. Maybe wait for this letter to arrive and contact the relevant court again then, you may get a more helpful clerk. It is the judge or registrar you need to address rather than the lender, unless the lender engages with you beforehand.
 

Bronte

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The fact you do not have a lease does not mean anything. You are legally a tenant.

Do you know which lender or solicitor is taking the court case. Send a letter to both by recorded delivery, (cheaper than registered post). notifying them of your tenancy and it's duration.

Contact the RTB for advise as regards your rights. They are very helpful. Don't be put off by the unhelpful clerk. Try another friendlier clerk or call into the courts office, they can be very helpful.

Those UK programmes you refer to, they are High court cases where the sherrif is authorised to reposses after a very long legal battle to get non paying tenants out.
 

Bronte

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If you do attend court you should sit at the front and put your hand up to the judge. Bring documentation with you. (rent paid, duration of lease, utility bills, proof you notified the lender/solicitor of your tenancy.) Speak to the court clerk on the day to find out when the case will be called and tell him why you are there.
 

Brendan Burgess

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1) Write to the solicitor who sent you the letter and notify them that you are a tenant.
2) Keep a copy of this.
3) You might consider visiting the solicitor's office and hand delivering the letter and asking for a receipt.
4) They should notify you when the case comes up for court hearing
5) When it comes up for court hearing, go to the court. The Court Clerk will call out "Is there any appearance by John Doe or the occupants of no. 1 Main Street".
6) You stand up and say that you are the occupant of 1 Main Street. Tell the Registrar your story. She might be less likely to grant an order.
7) It will take the bank a long time to get an order - could be two years. But it's hard to know.
8) The bank will eventually get an order (unless the owner comes to an arrangement)
9) The bank will take a long time to sell it.
10) They will have to give you the normal notice to vacate.

So I would say you have a fair bit of time. You don't need to get rid of your pets, but if any of them die, you should not replace them. Make life easy for yourself, rather than more difficult.

It's possible that the court case could go ahead without you being notified
This does not affect your rights, but you are better off going to the court.
You can check the Courts List here:
http://courts.ie/legaldiary.nsf/CircCourtProv2?OpenView&q=Area=Dublin Region&Type=County Registrar's List ; civil&Datetype=Range
Under Area/Venue - pick your county
Under type: pick County Registrar's List Civil

If you are in Dublin, the hearings are every Thursday and Friday and the list is posted the night before. It would be a lot of work to monitor.
If you are in Donegal, it seems to be just once a month.

Brendan
 

cazzyg

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Thank you all for your helpful replies. It puts my mind at rest. I will go to the court and send a letter to the solicitor. I phoned again today and was given a court date of 24th September.
 

Bronte

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Interestingly if you don't put the other side on notice of your tenancy they cannot begin the process of notifying you of your eviction. I'd send the letter in August if I were you. This buys you more time. I'd suggest you contact the RTB https://www.rtb.ie/
and ask them your rights. It does not matter at all if your landlord registered you or if you have a written lease so don't mistakenly think that doesn't matter. I have no written lease with any of my tenants but they are all RTB registered and legally tenants no matter what. There is no way I could see a judge ordering you to be evicted on the 24th September unless the lendor's legal team have gone thru landlord hoops to evict you.

Could you come back with whatever info you get from the RTB for the benefit of other posters please.
 

Bronte

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From the link:

Can the receiver use his powers under the mortgage to terminate my lease (that is to end it early)?


Normally, the receiver can only terminate your lease in the same circumstances as your landlord can. For example, if the receiver wishes to do this he or she must give you advance notice and the length of that notice must meet the standards set out in your lease and in the Residential Tenancies Act. However, in certain exceptional circumstances, the law gives the bank additional powers to terminate a lease. For example, a bank can ask a court to terminate a lease if it proves it was put in place without the bank’s consent and that it reduces the value of the bank’s security. Also, the bank can disregard a lease where it requires the tenant only to pay a rent which is well below market value, or if it contains other terms that would not make good commercial sense for the landlord.

Do I lose my rights under the residential tenancies act if a receiver is appointed?

Normally no, but see the exceptional circumstances mentioned above.
 

SparkRite

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Quick question plz im living in my house for 8 years its a ras house but the landlady wasent paying her morgage and i got a court letter saying it had already gone to court without me knowing to explain my situation. Im to be out on friday thats 2 days time i put in a dispute to rtb board a month ago havent heard nothing bk. Threshold got me and extention of a month from the bank whos taking it back but now the date has came and counsil havent got any place for me im completly stressed as my psrtner hsd a stroke and weve no wete to go. Any advice
Please Do Not 'hi-jack' another's thread. This is regarded as extremely bad manners.

If you wish, start a thread of your own,please.
 

SparkRite

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Are you a moderator now?
You do not need to be a moderator to politely advise new posters about forum 'etiquette' .
I think most posters would find this helpful.

I do not appreciate the inherent sarcasm within your curt question which could be answered simply by looking at my profile.
 
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