Housing - Case Study 2015

By nclcadmin, Monday, 30th November 2015 | 0 comments
Filed under: Housing, Case Studies 2015.

Background

This case related to a client who had been living with her two children in private rented accommodation for three years. She had previously been living in a local authority house for over 30 years but had to leave due to harassment and intimidation in the area and at the time, her only option was to rent privately. The property she was renting was taken into receivership, and she was issued a Termination Notice, requiring her to vacate the property. She was unable to source alternative accommodation within the limit of the rent allowance and she was at immediate risk of homelessness.

CLM Limerick’s input

The client sought assistance from CLM Limerick and was represented thereafter.

We wrote to the Receiver outlining the clients position and seeking the withdrawal of the termination notice, or alternatively, an extension of the notice period. This request was refused. The client was then contacted by an agent of the receiver, who informed her that he was going to come to the property to change the locks and forcibly evict her and her children from the premises.

We contacted the receiver on her behalf, advising that this measure would be unlawful as it would constitute an illegal eviction. The receiver then served a final or second Notice of Termination, however, they did not give the client the required notice period of 112 days. We assisted the client in referring the matter to the Private Residential Tenancies Board. Before the complaint was heard, however, the client was offered a house by the local authority, in the area which she had sought. The client accepted the offer and so she was able to vacate the rented property and move into the new property with her children.

Impact

This client had presented to us at imminent risk of homelessness. The assistance which the client received from CLM Limerick enabled her to challenge the notice received from the receiver, and the proposed illegal eviction, and to ensure that she was not forcibly evicted from the house she was renting.  

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