advice needed on council eviction.

jamieb

Registered User
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83
I have a council house for 10.5 years. I am a one parent family with 2 boys. One is now 21 and the other is now 14.

I got the house after the older boy had had a succession of brain tumours which led to a condition he still lives with hypopituitarism. I have worked part time for the duration and had a reduced s w payment. I have always found it hard to manage and my older son didnt get a medical card until 2 years ago due to me being marginally over the limit but I begged and got one after he was put on a breathing device for sleep apnoea and I had to pay a monthly fee for this also. 2 years ago also he applied for disability and got it. He can work but no more than 20 hours due to his condition and meds. He applies for jobs constantly but it is bad enough to find a job when you are fit and healthy.

Anyway, late 2009 I managed to save to get the house painted - it hadnt been done in 9 years. Early 2010 the house flooded and no I had no insurance. As the house was still in the middle of decoration ( the downstairs was done and some upstairs) I had stuff all in the middle of the floor including a tv, couches turned upside down etc. The flood was only downstairs but went above the skirting boards and the freshlypainted walls were ruined as was the wooden floor though it had been in for 9 years.

I reported the incident to Dublin city council and stayed with my parents who dont live far away. The house was freezing and damp. I heard nothing and let the house dry out and contacted the council again. eventually somebody came out to repair the pipe. The tiles needed to be fixed also and I asked if I could be contacted when they were on their way out to fix them. I left a mobile. I work until 2pm and dont work far from the house. Constantly the workers came out in the morning without phoning as I could have left work with permission.

Anway, the house looked like a dump - every time I went in I just ran out and continued to stay with my parents until an agent came out to assess the damage for compensation from the council. This didnt happen until late April. All the while I was paying my parents who are pensioners 100 eu per week for food and lodgings for 3 of us and helping with bills. I asked if rent could be waived due to the house being inhabitable and I was give 1200 euro and was told that the agent would contact housing for me. The rent was never waived and I just got to the point with the arrears mounting and me paying my parents and the house not fit to live in properly until I spent more money which I didnt have. I stayed at the house ever fortnight so I was seen and it was "lived" in. It got to the stage that my parents and us were not getting on Bless them I love them dearly but the situation wasnt right. At the start of the year I contacted a local councillor and basically told him what I have told you guys and asked for his advice / help on the matter - he did reply and I told him if he could look at the situation after the election. I heard nothing so I contacted him again and then I received a notice to quit. My arrears were 5grand. I contacted the housing officer and told him the story and he had no record of my flood, or my compensation of 1200 euro. I told him I would start paying straight away and I was nearing the end of a credit union loan as in I owed about 800 and when I got it down a bit more I would take another loan and pay a chunk off the arrears. I asked him about buying the house with the help of somebody and he advised me this was something I should look at as it was the last year of the particular scheme that they run and I am entitled to 30 percent discount. Houses in the area in a similar condition to mine are selling for 95 to 100 thousand and with a discount it would mean a mortgage would be a whole lot more than the rent.

I immediately sent off the form with the 50 euro for the valuation being advised it would be only a few weeks. I heard nothing and ring them every week to be put off and put off. My credit union loan was steadily going down but I was and am still waiting on the valuation. About 4 weeks ago the housing officer rang me to tell me he was sending my case to court. I said that I had been paying regularly and explained about the wait for the valuation. He said that it would be ages before it got to court and one of 2 things would happen either I would have cleared the arrears or I would buy the house.

@Today I got a summons for court for the 5th September and I dont know where to start. do I need a solicitor - more money. Its been a bad week - on monday the gear box went in my car and with the clutch about to go - I got it done cheap 800 euro with the chance to pay it over 10 weeks. Then today I got the summons. A lot of it is my own fault for letting it slide. However, the house needed things doing to it and when there are arrears the maintenance wont do anything. I would appreciate any advice. Thank you
 
I would recommend you contact MABS and tell them it is an emergency, they will bump you up the queue, I would also suggest contacting local Citizens Information Service to get an appointment with a legal adviser.

Both of these will be free, if needs be then you can get a solicitor.
 
Sympathies on all your problems.

Write out your story adding any vouching documentation and send it to the Council.

When the case comes up produce a copy of that letter to the judge with any reply received. You are likely to get a long adjournment at least.

If you cannot afford a solicitor you can apply for legal aid, but a decision mayh not be thru by 5.9.11.
 
Thank you kindly for your replies. My life feels like I am falling into a big black hole. I cant even discuss this with my older son as any shock or distress can make him ill and he would have to triple his medication steroids which is not good for him. And for the record though a car maybe a luxury mine is not - it isnt an even nearly new car but I am the only one in the family who drives and I pick up and drop my parents everywhere and there are always hospital appointments if not for them for my son. If it wasnt for that I would leave the damn thing broken and save the 800 euro.
 
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