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Illegal Eviction

By Bernadette Farrell , Higher Education Consultant
Friday 22nd August, 14:48

An illegal eviction occurs when a landlord forcibly removes a tenant or a tenant's belongings from a rented dwelling and then denies the tenant access to the dwelling, whether or not a valid of Notice of Termination had been served in respect of the tenancy.

No more should you fear these angry words if you do not have a lease. If you have been living in a place for less than six months since September 2004 (when the Act came into play) then you have the right to a 28-day written notice to terminate, although the landlord does not have to give you a reason for asking you to leave.

If you are there more than six months, you have become the proud owner of what is known as a Part 4 tenancy. This means that you are entitled to a further three-and-a-half years peaceful occupation of the property and the landlord cannot ask you to leave except on very specific grounds (non-payment of rent, anti-social behaviour, landlord wants to sell, move himself or family in, place is being completely refurbished).

If you have met all your duties as a good, law-abiding tenant then you must expect a written notice to terminate in line with how long you?ve been there (e.g. 6-12 months equals 35 days; 1-2 years - 42 days), as well as a reason as to why you must leave.

If you have failed in your duties, the punishment will fit the crime. After a written warning that you have not paid rent, no matter how long you have been there you will get a written 28-day notice to terminate. For serious anti-social behaviour such as violent or threatening behaviour or selling drugs, there will be no warning and you will be ousted with a mere 7-day notice.

If it all goes wrong...

accommodation5The Private Residential Tenancies Board was set up in this Act to be an informal court where tenants and landlords would not need a lawyer and it need not cost them an arm and leg. In fact, you fill out a form and pay Euro 25 and wait to hear from them. This Board is where you and your landlord will go if there is a problem that cannot be resolved just the two of you.

Your landlord should register the fact that you are now his/her tenant with the PRTB when you move in. S/he should hand you a form that asks for your PPS number; this is to register you and him/her. If s/he does not register s/he can receive a fine of up to Euro 3000 and/or imprisonment. An unregistered landlord also cannot take a case against a tenant to the PRTB but his/her tenants can always take a case against him/her.

For Further Information

Threshold National Housing Organisation
Private Residential Tenancies Board (PRTB)
Your Local Students? Union

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