Brendan Burgess
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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?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.
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.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
Ah, I thought that 90 days was the notice period. Seems that's only for non fixed-term tenancies?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.
Even with a fixed term tenancy after six months a tenant gets Part 4 protection!Seems that's only for non fixed-term tenancies?
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.
The legislation has been amended since 2016 to become very tenant friendly.That leads me to wonder whether a cunning tenant (possibly advised by one of Ireland's wonderful tenants rights' "charities")
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.
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?But what guarantee is there that the homeowner can reclaim their property?
Other that this I am not sure what type of guarantees could be given.
Agreed.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
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.
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.
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