By Eoghan McMahon
The rules around residential leases and the termination of tenancies is complicated.
Sometimes, an illegal eviction can occur due to a technical breach by a landlord.
Other times, it is quite clear that the landlord in question has no regard for the law or their tenants’ rights.
No one should be subject to an illegal eviction - whether that is made in error or deliberately.
If you have been subjected to an eviction, or are under threat of eviction, you can raise a dispute with the Residential Tenancies Board for adjudication on it.
Any claim (and resulting decision) should take into account the stress and anxiety suffered by the tenant as a result of the breach of procedure, the costs of dealing with an unexpected house move, the temporary housing and storage costs that may have been incurred, and indeed compensation for any threats or physical interference suffered*.
While you do not need to have legal representation when going to the RTB or the Courts, legal advice and representation will be useful in making sure your full circumstances and the effect that it has taken on you is taken into account by the decision maker.
Furthermore, where a lawyer is involved it will reduce the stress of the process and often prompts the other party to take the matter more seriously.
If you issue a dispute in the RTB or the Courts without taking legal advice, you may end up in a situation where you have lost your opportunity to have your case heard fully and appropriately.
If you would like to speak to Eoghan McMahon, solicitor, or any other member of our team to discuss your circumstances, please email email@example.com.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
If you are thinking of engaging a lawyer, why not contact us today to see if we can assist? Any of our solicitors will be delighted to speak with you without obligation.