Tuesday 16 July 2019

Families facing homelessness mount legal challenge to termination notices

The block of apartments at St Vincent’s Hall, Collins Avenue, Dublin, where 15 families have been asked to leave by their landlord. PHOTO: TONY GAVIN
The block of apartments at St Vincent’s Hall, Collins Avenue, Dublin, where 15 families have been asked to leave by their landlord. PHOTO: TONY GAVIN

Amy Molloy and Cormac McQuinn

Fifteen families are facing homelessness after they were served notices of termination by their landlord.

Tenants renting apartments in St Vincent's Hall, Collins Avenue, Dublin, have lodged cases with the Residential Tenancies Board. Some argue the notices are invalid due to the Tyrrelstown legislation, which states landlords cannot evict more than 10 tenants at once from a single development.

The landlord said he wasn't aware of the Tyrrelstown legislation but he had sought legal advice on the matter.

"I know it's unfortunate but the whole plot is being sold due to a change in our circumstances," he said.

The Tyrrelstown Amendment was introduced in 2017 to prevent mass evictions, where residents in single developments are served termination notices simultaneously in order to sell the entire development with vacant possession. It does not apply in "exceptional" circumstances.

In a statutory declaration served with the notices of termination to St Vincent's tenants, the landlord - through his solicitor - claims the amendment does not apply as they will receive 20pc below the market value if the property is not sold with vacant possession.

Latest figures show the numbers in emergency accommodation fell in December by 215 to 9,753. Fianna Fáil TD Darragh O'Brien said the decrease is welcome but the number of children remains "shocking".

Irish Independent

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