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Landlord 'intends' to sell house; valid reason for termination?

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  • Closed Accounts Posts: 964 ✭✭✭Anynama141


    space_man wrote: »
    a LL could have totally legitimate reasons for not selling. all he has to do is prove his intention at that time was was to sell.

    likewise his relative could have had totally legitimate reasons for moving out after a period of time.
    Looks like a lot of proof required. Who is the burden of proof on? You must think the PTRB are total saps.

    On the other hand, it's reassuring to see that lousy tenants are still matched by lousy landlords.


  • Closed Accounts Posts: 663 ✭✭✭space_man


    Anynama141 wrote: »
    Looks like a lot of proof required. Who is the burden of proof on? You must think the PTRB are total saps.

    On the other hand, it's reassuring to see that lousy tenants are still matched by lousy landlords.

    the PRTB is nothing more than a tax-sapping quango, which from time to time makes noises intended no doubt to justify its' existence.
    it is indeed about as much use as a pair of tits on a bull.


  • Closed Accounts Posts: 964 ✭✭✭Anynama141


    space_man wrote: »
    the PRTB is nothing more than a tax-sapping quango, which from time to time makes noises intended no doubt to justify its' existence.
    it is indeed about as much use as a pair of tits on a bull.
    Which does not mean to say that they can't award hefty damages to someone illegally evicted by someone like you who has no respect for tenants or the law.


  • Closed Accounts Posts: 663 ✭✭✭space_man


    Anynama141 wrote: »
    Which does not mean to say that they can't award hefty damages to someone illegally evicted by someone like you who has no respect for tenants or the law.

    how do you know i ever illegally evicted anyone?
    can you prove that?

    do think carefully before you answer.
    just because you think you're 'hiding' behind a makey-up name does not mean you cannot libel somebody online. (ask the MODS if you're not convinced).


  • Closed Accounts Posts: 964 ✭✭✭Anynama141


    space_man wrote: »
    how do you know i ever illegally evicted anyone?
    can you prove that?

    do think carefully before you answer.
    Can you prove that I said you evicted any tenants illegally? Think carefully before you answer.


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  • Closed Accounts Posts: 663 ✭✭✭space_man


    Anynama141 wrote: »
    Can you prove that I said you evicted any tenants illegally? Think carefully before you answer.

    you dont mind if i run it past my solicitor then?


  • Closed Accounts Posts: 663 ✭✭✭space_man


    Anynama141 wrote: »
    Which does not mean to say that they can't award hefty damages to someone illegally evicted by someone like you who has no respect for tenants or the law.

    i think he'll be keen to review this part in particular.


  • Registered Users Posts: 13,238 ✭✭✭✭djimi


    Id love to see the reaction in the court when "Space_Man from Boards.ie" is called to make their case!


  • Closed Accounts Posts: 964 ✭✭✭Anynama141


    space_man wrote: »
    i think he'll be keen to review this part in particular.
    space_man wrote: »
    you dont mind if i run it past my solicitor then?
    Knock yourself out my good man, it's your money. Hopefully he'll know enough about the law to tell you that the tort of libel has been gone since 2009. It's defamation you'll be wanting. ;)


  • Registered Users Posts: 296 ✭✭FamousBelgian


    space_man wrote: »
    you can take it whatever way you want.

    another excellent clause to invoke is that you (the LL) or an immediate member of you family intend to move into the property.

    again this is a perfectly valid reason to ask a tenant to vacate the property.
    Anynama141 wrote: »
    Well I called out the guy as he suggested he used illegal tactics to get tenants out of properties. The rest of my posts have been trying to get him to clarify whether he did or he didn't - it appears that he now claims that he didn't.

    I think I'm finished with him now.

    Ladies! Please!!

    I think this exchange illustrates my point: a landlord *can* throw a tenant out on a whim. Simply state an intention to sell/refurbish/house a relative in the property and once the tenant is gone you're free to have a change of intention and do whatever you want.
    It's all down to the good grace of the landlord and the tenant have to prove bad faith. In this case it will be down to the PRTB; would it make sense for the tenant to engage a solicitor to handle the appeal process?


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  • Closed Accounts Posts: 964 ✭✭✭Anynama141


    Ladies! Please!!
    :o

    I think that spat is over...

    It seems to me that it's hard to develop a system that is perfect, but what we have is not nearly as good as it could be. Two points need to be addressed:

    1. Scumbag tenants who move from property to property, ripping off landlords, damaging the properties, alienating neighbours and so forth. A small landlord could be driven into bankruptcy by such a tenant refusing to pay and yet sitting in a property for months and years waiting for the PTRB to hear a case.

    A register of lousy tenants is needed that landlords can refer to.

    2. Security of tenure for tenants. Improvements have been made in this field, but we won't be able to develop a proper rental culture until loopholes are closed.

    If we dealt with both 1. and 2., we would have a higher quality of tenant, landlord and property in the market, to the benefit of all.


  • Registered Users Posts: 3,430 ✭✭✭RustyNut


    Ladies! Please!!

    I think this exchange illustrates my point: a landlord *can* throw a tenant out on a whim. Simply state an intention to sell/refurbish/house a relative in the property and once the tenant is gone you're free to have a change of intention and do whatever you want.
    It's all down to the good grace of the landlord and the tenant have to prove bad faith. In this case it will be down to the PRTB; would it make sense for the tenant to engage a solicitor to handle the appeal process?

    I would leav it with the prtb for the time being. If the landlord is in the right then that's tough after so long in the property. A landlord can "ask" you to leave at any time but actually throwing you out is a different matter. If anyone is to blow money on legal action let it be the landlord spending on an eviction.


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    .... The PRTB gave the landlord a month to produce evidence of the need/intent to sell and thereafter a valid notice period. ...
    Questions are:
    - how does a landlord satisfy, in good faith, the condition of intending to sell?
    - how can a tenant protect themselves against a dishonest intention?..

    Proving need is easy enough.

    How do you prove intent? I'm puzzled by that one too.


  • Registered Users, Subscribers Posts: 47,282 ✭✭✭✭Zaph


    space_man wrote: »
    it illustrates nothing of the sort.
    again you are making the same mistake your friend made, and accusing me of doing something i did not, which i will again point out is LIBEL and is actionable.
    i would ask you to please think carefully before you start making such false and damaging accusations.

    Just a reminder that threatening legal action, either against boards or other posters, is a site-bannable offence.


  • Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Zaph wrote: »
    Just a reminder that threatening legal action, either against boards or other posters, is a site-bannable offence.

    We have a forum policy of banning anyone- without warning, who threatens legal action. Space_man is now banned from the Accommodation and Property Forum. If Space_man wants his access reinstated- he/she will have to make a case through the appropriate channels.

    Regards

    SMcCarrick


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