‘The stress is an absolute nightmare': Dublin tenants shocked to be evicted under ‘old' rules

Irish Times

a day ago

A group of north Dublin tenants say they are the latest facing
homelessness
due to an increasing use of a 'little-known legal loophole' to evict them.
The renters in Applewood village, Swords, have been issued notices of termination (NoTs) by their landlord, European property firm the LRC group, through its property management company, Home-Club property management services.
Their NoTs say: 'The reason for the termination of the tenancy is due to the fact the landlord is entitled to terminate the tenancy before a further Part 4 tenancy cycle commences'.
While under Part 4 of the Residential Tenancies legislation most tenants facing eviction must be provided with one of a set of specific, legally permitted reasons, such as that the property is being sold or the landlord plans substantial renovations works, these tenants have simply been told the landlord 'will not be able to renew' the lease.
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The legal reason, of which these tenants were unaware, is that their tenancies were created before June 11th, 2022, the date enhanced security-of-tenure provisions came into force, disallowing terminations for no reason once a tenancy has been in place for at least six months.
The Irish Times has spoken to four Applewood households, all LRC tenants, who have been served NoTs on the grounds that the landlord will not renew their lease.
They say 'good neighbours', also former LRC tenants, were evicted on these grounds last year.
LRC acquired 47 Applewood apartments in February 2020 for €9 million from Gerry Gannon's Gannon Properties, when Gannon was in
National Asset Management Agency
. Nama is a State agency set up in 2009 to help stabilise the domestic banks by acquiring, managing and selling on their property-related loans.
It is unclear how many of the 47 apartments came with sitting tenants but any who were in place at that time had tenancies vulnerable to this method of termination.
They were subject to what the
Residential Tenancies Board
(RTB) describe as the 'old security-of-tenure rules'.
These continue to follow the old six-year 'Part 4' tenancy cycle rules where landlords can end them at the end of the first six years without giving a reason. They can alternatively renew the lease for a further six years, in what was known as a 'further Part 4' tenancy.
If the first cycle expired and the lease was renewed for a further six years before June 11th, 2022, the tenancy may be terminated at the end of that six years again for no reason – as in the case of LRC's Applewood tenants.
According to the RTB, by June 11th, 2028 all tenancies will have 'aged out' of the old regime and all tenancies will be of unlimited duration.
'We assumed we had rights,' says Robbie Higgins, an electrician, who along with his partner Martina O'Toole has lived in a two-bedroom apartment in Applewood for 11 years. 'We hear from Government about all these protections tenants have. We've found out the hard way we have none.'
Martina O'Toole with partner Robbie Higgins, residents in Applewood. Photograph: Dara Mac Dónaill/The Irish Times
They were served with a notice of termination by Home-Club in January last year. Despite paying rent, now standing at €1,472, every month without fail, they were told they had to be out by September 8th, 2024.
'The reason for the termination of the tenancy is [because] the landlord is entitled to terminate the tenancy before a further Part 4 tenancy cycle commences,' said the notice.
'We were in complete shock,' says Ms O'Toole. Threshold advised them the notice was legally compliant and recommended they contact Fingal County Council to ask about emergency accommodation.
They lodged a dispute with the RTB which again said the couple had no comeback, but extended their notice period before having to leave, until May 31st. They are now overholding.
'I check the Daft website every night looking for somewhere,' says Ms O'Toole. 'I've contacted loads of landlords and have not had one response from any of them. They are all looking for huge rents. We have been scrimping and saving but we have nowhere to go. Absolutely nowhere. The stress is an absolute nightmare.'
Julia Oojnarski with Andrew Sinnamon, residents in Applewood. Photograph: Dara Mac Dónaill/The Irish Times
Julia Wojnarski, a healthcare assistant, has lived in Applewood since 2014. A widow and mother she has an NoT to be out by 28th October. She pays €1,440 a month for a three-bed.
'Never a single day have I missed my rent. I pay almost all my salary into the rent and survive on my widow's pension.
'This situation is really stressful. My two girls, they are just so devastated. They were born here. Their friends are here in the neighbourhood. They are asking, 'What can we do?'
'They are asking can we ask the landlord for more time. But I know we can't. This is heartless. They want to get rid of us I think to put the rent up ... I have looked around and even only two bedroom houses is like €2,500, €3,000 a month. I cannot afford that.'
Killian Chitemerere, resident in Applewood. Photograph: Dara Mac Dónaill/The Irish Times
Killian Chitemerere, a bus driver who has lived in Applewood for 10 years is also out on October 28th. His 13-year-old daughter is 'very happy' there.
'There is no problem with the rent or anything,' he says. 'There is no good reason for this termination. How can the law let this happen? I am so stressed. Sometimes you just wake in the middle of the night and you do not know what is going on.'
RTB data show since mid-2022 the board was notified of 1,077 NoTs where the landlord was ending the tenancy before a 'further Part 4' tenancy commenced.
And while 'landlord intends selling the property' remains the greatest reason for NoTs (2,518 notified to the RTB in the first three months this year), NoTs issued 'before a further part 4 tenancy begins' are increasing with 335 between January and March – more than in any other quarter since June 2022.
'There is an increase in this,' says People Before Profit TD Paul Murphy. He will submit a Tenant Protection Bill to end this means of evicting tenants in coming weeks, he says.
'It is scandalous that this little-known loophole continues to exist and be exploited by landlords to evict tenants without any good reason. This loophole can and must be closed immediately to allow the tenants in Applewood and elsewhere remain in their homes.
'Our Bill will do just that and we will be challenging the Government to support it and not to allow more tenants to be evicted without cause.'
People Before Profit TD, Paul Murphy. Photograph: Enda O'Dowd
John Mark McCafferty, chief executive of Threshold, said the tenant advocacy organisation sees these cases 'from time to time'.
'It's an unfortunate situation we are stuck with until it changes in 2028. If the notice is compliant, unfortunately a tenant is limited in what they can do other than try to negotiate more time with the landlord ... Threshold wants to see the loophole closed, however it's not likely to happen any sooner than 2028.'
For Applewood tenants facing homelessness this will be too late. 'The Government needs to take this loophole out of the law now,' says Mr Higgins. 'There is no security. We are not being protected here. You'd know most of this Government are not renters.'
A spokesman for the Department of Housing said the increased security of tenure provided, in effect from June 2022, could not be applied retrospectively to existing tenancies.
Both LRC and Home-Club have been contacted and invited to respond.