Wednesday 22 July 2020

Covid-19 Landlord / Tenant Law Emergency Measures: A Saviour for Tenants!



The outbreak of the global pandemic of Covid-19 has called upon misfortune on all and tenants are no exception. With layoffs been declared and people losing jobs in Ireland, paying rent was observed to be one of the most common problems among renters. The Government could foresee landlord-tenant disputes on the horizon, which is probably why on 27th March 2020, it declared Emergency Measures under the Public Interest (COVID-19) Act 2020. Curious as to what benefits it covers for the tenants encountering financial troubles? Breen Walsh Solicitors in Cork brings it all for you under this write-up.
Amendments to the Residential Tenancies Act 2004
Before digging into the benefits promised by it under the Act, let’s check out all the details relating to the amendments enacted to save tenants from the exploitative nature of landlords, especially during the pandemic.
Ø  The changes brought about to the Act applies to not just Approved Housing Bodies but to Private Rented Accommodation and Student Specific Accommodation.
Ø  Though the emergency legislation is valid till 1st August 2020, it might extend afterwards. It all depends on the Government Order.
Ø  Until and unless of course, one is held responsible for breach of tenant obligations or a notice of termination was handed over before the outbreak took place and a supporting Determination Order from the Residential Tenancies Board is present, a renter cannot be terminated from one’s rental accommodation during Covid-19.
Ø  All termination notices hold null and void during the pandemic, irrespective of issuance time. All have been paused for the time being.
Such measures subtly indicate that the Irish Government stands against illegal eviction of tenants from their accommodation. And any sort of act which goes against its orders shall have to bear a capital punishment of up to 20,000. This amount shall directly go into the pockets of tenants to compensate for the damages caused to them during this emergency period.
A few more benefits have been realised ever since the Emergency Measures have rolled out. Take a look at them below.
Ø  Though tenants shall have to pay rent during the emergency period, in no case can landlords increase it during Covid-19 period.
Ø  A notice of rent review, stating an increase in rent amount, which was passed before the emergency period and was supposed to initiate during Covid-19, shall stay on hold until and unless the pandemic ends.
Ø  No backdating of rent shall apply.
Ø  With regards to a new tenancy, where rent setting rules apply, no tenant shall be obliged to pay a lump sum amount while the pandemic is still on.
Ø  The Irish Government has also extended its helping hand to those who cannot afford to pay the rent during this emergency period. The Department of Employment and Social Protection has offered and is still providing income support and Rent Supplement to those strapped for cash.
Wrapping Up:
The Emergency Measures introduced by the Irish Government, under the Public Interest Act 2020, are indeed a great initiative to support the tenants during the most challenging times. The prohibition of evictions in case of both Rent-a-Room and Digs-style accommodation is clear communication to one and all, especially to landlords that a little forbearance towards the tenants today would help tackle Covid-19 better. Law firms in Cork are open to all, seeking support and advice from solicitors regarding matters arising out of rental disputes. So, do not hesitate to approach one in times of emergencies.

Thursday 9 July 2020

Truth is Paramount in Cases of Accident Claims in Cork



Remember the adage? One should never lie to three people from professions – doctor, lawyer and priest. This is something we are taught since childhood, isn’t it? Why do you think so? This is because a wilful lie would only ruin your case and make your solicitor vulnerable while defending you. One hardly desires that so no matter how ugly the truth is, always, we repeat, always be truthful. The same holds for accidentclaims in Cork, Ireland. Whether it’s regarding the injury suffered or your ability to work or the circumstances prevailing during the incident, honesty in the part of the claimant, adds to the reliability of the evidence gathered. A deliberate failure to do so often leads to dismission of the case before the Court of Irish law on grounds of perjury.
The blog over here discusses the value of being honest during medical appointments and the consequences of faking it in a personal injury claim, making it difficult for the road traffic accident solicitors to help you with your case.
The Onus of the Claimant while Disclosing one’s Medical History:
There’s only one responsibility that a claimant is expected to fulfil and that’s honesty. As a victim of an accident, when a person approaches the Court for justice, the person is instructed to attend a medical appointment. This is just a part of the legal procedures to examine the seriousness of injuries. During this process, the legal team expects the claimant to disclose pre-existing medical conditions and share medical history (if there’s any). As a claimant, you are expected to be transparent to ensure the integrity of the evidence collected and share them with the solicitors, the Injuries Board and during the Notice for particulars procedures. Not just this, swearing an Affidavit of Verification is also essential to confirm that the pleadings are true to the best of your knowledge.
Penalties of Perjury:
What can be as great a penalty as a dismissal of the action in the court of law! Prepare yourself for it, if you as a claimant, caught in the act of submitting false evidence. Besides, expect punishments in the form of a prison service or a cost to compensate for the loss of time in a judicial proceeding.
Final Thoughts:
The message is crystal clear and it only requests claimants, to be honest, throughout. A failure to do so during the legal procedures will ultimately backfire and impose exorbitant fines on the person. So, act cautiously and who knows, you might just win the case if you are truthful and get justice.

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