More than 20 facing homelessness in mass eviction

Sinn Féin TD Eoin Ó Broin said it would be a travesty  if people end up homeless as a result of  bureaucracy. Picture: Niall Carson/PA

Up to 25 people, including young children, are to lose their homes in the middle of the pandemic under circumstances which may be illegal.

However, the Residential Tenancies Board (RTB) is not hearing the case because the complaint was made more than 28 days after the tenants were served a notice to quit the properties.

Finn Irwin, who took the case to the RTB, said that with Covid restrictions and the ban on evictions, he did not know that he could apply sooner. 

Covid restrictions also meant that he could not immediately contact the 11 other flats in the building in which he rents to find out that the sudden sale of the building meant that more than 10 housing units would be sold at the same time which contravened a law called the Tyrellstown amendment. 

The Trinity psychology student is worried that he will be “forced to pitch a tent in Phoenix Park” for Christmas as he cannot afford new accommodation and his parents are deceased. He said his neighbours are also worried they won't find accommodation in the coming weeks.

Four homeless deaths last week have heightened his anxiety about being out on the streets and his mental health is suffering. 

His landlord, "a kind and decent man" who "was more of a father to him than his own dad" died suddenly this year and his benefactors decided to sell off the property, containing 12 rental units, in March.

Mr Irwin appealed the decision “out of desperation and fear for my life” to the RTB under the Tyrellstown Amendment.

This legislation, enacted in 2017, prohibits a landlord from selling more than 10 rented housing units in the one development within six months unless the tenants can remain in their homes after they’re sold.

This law can only be circumvented by a landlord if they can prove that selling the dwellings tenanted would mean that they make more than 20% below market value and that losing that extra money would be unduly onerous.

The RTB turned down Mr Irwin's application as it was submitted more than 28 days after he was served a notice that his tenancy was ending.

Sinn Féin TD and spokesperson for housing, Eoin Ó Broin, said it would be “a real travesty of justice” if people end up homeless as a result of “a relatively bureaucratic and maybe unduly restrictive interpretation of the 28-day restriction.” 

“Our understanding is that the Residential Tenancies Board has a certain degree of discretion. So while the 28-day rule applies, if someone can demonstrate reasonable grounds why they didn’t reach that deadline that their case could be heard. And in this particular case, the grounds are very, very strong," he said.

A spokesperson for the RTB said that while it cannot comment on individual cases, it has "remained open throughout the Covid-19 pandemic." 

"When a tenant receives a notice of termination and they believe it to be invalid, they are required to submit a dispute resolution application within 28 days of receiving the notice. If a tenant submits a late application, it goes before the RTB’s board of directors who can make a decision to extend the application date if the applicant has provided sufficient good grounds."

Contact the RTB on www.rtb.ie or call 0818 303037 or 01 702 8100.