Court cost for tenant eviction?

Dubjams

Hi,

After a very significant time where our Social Welfare tenant has not paid full rent (and endless sob stories) we eventually have an RTB judgement for eviction. As we suspected, she is completely ignoring it and has no intention of moving out until the council give her a house. It's extremely stressful for us but we've no choice but to go down the court route.

We're very tight on cash so we're wondering how much will it cost us? Are there any solicitors that specialise in this kind of work?

Any advice appreciated. We really hoped it wouldn't come to this

davindub

Dubjams wrote: »

Hi,

After a very significant time where our Social Welfare tenant has not paid full rent (and endless sob stories) we eventually have an RTB judgement for eviction. As we suspected, she is completely ignoring it and has no intention of moving out until the council give her a house. It's extremely stressful for us but we've no choice but to go down the court route.

We're very tight on cash so we're wondering how much will it cost us? Are there any solicitors that specialise in this kind of work?

Any advice appreciated. We really hoped it wouldn't come to this

The RTB have a panel for their own enforcement, they might enforce for you if you ask. But have a look here, https://www.rtb.ie/search-results/news/article/2016/12/06/solicitors-panel-for-enforcement-of-determination-orders , there is an application form with fixed rates for solicitors, you won't get the same price, but it will give you something to compare to.

Gumbo

I was with a solicitor the other day.
Her client couldn’t get a BER as the house was occupied illegally.
She said it could cost €30k to go to the high court to get them evicted.

hawkelady

These stories sickens me. Is it only welfare tenants that do this crap ? Or do tenants in well paid jobs do it too. All the reports and stories I've read it seems that it's only welfare tenants. Sickening stuff , I hate saying this but try and pay them to leave. People like that deserve no home !!

myshirt

kceire wrote: »

I was with a solicitor the other day.
Her client couldn’t get a BER as the house was occupied illegally.
She said it could cost €30k to go to the high court to get them evicted.

30k?

I'd like to see what the taxing master thinks of that!

Op, I'd say you can be talking 6-10k but you are throwing good money after bad unfortunately. A real disaster situation, but of course if you are a typical landlord that the media tells us about, you should not have a problem given you are sitting on top of a pile of money smoking cigars and eating lobster.

pilly

myshirt wrote: »

30k?

I'd like to see what the taxing master thinks of that!

Op, I'd say you can be talking 6-10k but you are throwing good money after bad unfortunately. A real disaster situation, but of course if you are a typical landlord that the media tells us about, you should not have a problem given you are sitting on top of a pile of money smoking cigars and eating lobster.

But what does the OP do instead? Just let the tenants stay there for the rest of their days?

whippet

pilly wrote: »

But what does the OP do instead? Just let the tenants stay there for the rest of their days?

It’s a catch 22 ... I was in a similar situation where by a tenant whom I evicted (legally and properly) refused to budge unless I paid them €10k. They eventually said they would settle for €5k ... but fortunately for me the live in partner and father of all the children of this ‘lone parent’ has one too many scrapes with the law and his ‘import’ business was being watched too closely at the house and they left under the cloak of darkness leaving behind about €10k worth of damage !!

Dubjams

All,

Thanks for feedback - I feel sick.

I can't believe that it's 30K. Even 6-10K is crazy. We don't have that kind of money to spare.

Our solicitor has no experience of these things and he suggested that the RTB would enforce on our behalf. However this seems to involve completing a very detailed financial statement - a real invasion of privacy. Even if we do this I don't think the RTB take on many cases.

The thoughts of having to offer money to these tenants makes is appalling. Why isn't this getting more media coverage? I can't believe more people aren't in this situation.

davindub

Dubjams wrote: »

All,

Thanks for feedback - I feel sick.

I can't believe that it's 30K. Even 6-10K is crazy. We don't have that kind of money to spare.

Our solicitor has no experience of these things and he suggested that the RTB would enforce on our behalf. However this seems to involve completing a very detailed financial statement - a real invasion of privacy. Even if we do this I don't think the RTB take on many cases.

The thoughts of having to offer money to these tenants makes is appalling. Why isn't this getting more media coverage? I can't believe more people aren't in this situation.

30k is a high court cost, you will not be taking a case there. The only way you will get an actual cost is to consult a solicitor, 1st you will be applying for an enforcement order through the circuit court. That does not cost 6-10k.

L1011

Dubjams wrote: »

All,
Our solicitor has no experience of these things

Change solicitor, urgently.

4ensic15

Why would the RTB require a detailed financial statement? It is not legal aid.
You have an honest solicitor. There are a few barristers who specialise in that work and your solicitor shoukl contact one of them. A simple application to the Circuit Court is all that is needed for an enforcement order on an RTB determination.

Cuddlesworth

whippet wrote: »

It’s a catch 22 ... I was in a similar situation where by a tenant whom I evicted (legally and properly) refused to budge unless I paid them €10k. They eventually said they would settle for €5k ... but fortunately for me the live in partner and father of all the children of this ‘lone parent’ has one too many scrapes with the law and his ‘import’ business was being watched too closely at the house and they left under the cloak of darkness leaving behind about €10k worth of damage !!

Sorry but if you had a court order(not a RTB order), the sheriff can be engaged for legal removal, at their cost. Even those land league plonkers couldn't avoid it.

We stopped the eviction!

Ohh wait.

pilly

Cuddlesworth wrote:

Sorry but if you had a court order(not a RTB order), the sheriff can be engaged for legal removal, at their cost. Even those land league plonkers couldn't avoid it.

The issue is that to get that court order costs the 'LL extra thousands that they don't have.

Jim 77

You have what I'd call a toxic tenant. A relative of mine had a similar situation but in a different country and it took over two years to resolve through the local municipal council and had a detrimental effect on her health.

If you go down the legal route then besides the cost you'll need to have a good idea of how long it will take and then factor in the lost rent and effect on your health.

Before going down the legal route, I'd advise you to assist your tenant to find alternative accommodation. You're obviously a very capable person and she isn't; whether it's filling out forms or making phone calls you could really help things along. However galling it may seem, I'd also offer her a financial incentive to move on, some money up front and some after she's moved.

Cuddlesworth

pilly wrote: »

The issue is that to get that court order costs the 'LL extra thousands that they don't have.

Tough. You can't hand over control of a asset that is worth hundreds of thousands, can cost over 20k a year in lost revenue but claim you can't afford to pay a few thousand to evict. That's just bad business.

Jim 77 wrote: »

You have what I'd call a toxic tenant. A relative of mine had a similar situation but in a different country and it took over two years to resolve through the local municipal council and had a detrimental effect on her health.

If you go down the legal route then besides the cost you'll need to have a good idea of how long it will take and then factor in the lost rent and effect on your health.

Before going down the legal route, I'd advise you to assist your tenant to find alternative accommodation. You're obviously a very capable person and she isn't; whether it's filling out forms or making phone calls you could really help things along. However galling it may seem, I'd also offer her a financial incentive to move on, some money up front and some after she's moved.

That's just wasting your time. The worst tenants know the system. They will play along because it just means your pushing back the final eviction date. I've seen the same story over and over and it always starts with a good few months of no rent before they even start the eviction process.

hawkelady

Jesus , your answer is "tough". Christ almighty. You've no idea have you

Doltanian

Surely you could watch the house until shes out and then change the locks and dump out all their belongings on the street. Tough luck for her as shes breaking every rule and why should you obey them either, it is what I would do if faced with a similar situation to be honest.

massy086

Doltanian wrote: »

Surely you could watch the house until shes out and then change the locks and dump out all their belongings on the street. Tough luck for her as shes breaking every rule and why should you obey them either, it is what I would do if faced with a similar situation to be honest.

That would be an illegal eviction. Op the fines for this can be very big.i know the law is an ass but as the general once said " the law is on my side"
And in this case its on the tenants

quadrifoglio verde

massy086 wrote: »

That would be an illegal eviction. Op the fines for this can be very big.i know the law is an ass but as the general once said " the law is on my side"
And in this case its on the tenants

Would probably still work out cheaper though when you add up lost rent, court fees plus God knows how much damage that will inevitably be done before the tenant finally leaves.
A clear sign that the system is well and truly broken

knowledge88888

Ive no symphaty for any landlord. As now they are taking advantage people in a disgraceful way. Personally if it was a choice of going homeless or waiting for court order id wait to get order for eviction. Landlords are greedy beyond believe. Im sure as soon as u get them out ul be back making few grand per month for below standard living. Suck it up.

Doltanian

knowledge88888 wrote: »

Ive no symphaty for any landlord. As now they are taking advantage people in a disgraceful way. Personally if it was a choice of going homeless or waiting for court order id wait to get order for eviction. Landlords are greedy beyond believe. Im sure as soon as u get them out ul be back making few grand per month for below standard living. Suck it up.

The Market is deciding the rent not this guy, from his posts he sounds like he has already been more than fair to his tenant. Would you like your investment to devalued and thrashed by someone paying no rent. Actually I think the Landlord is being very restrained and is doing things slowly and within the law. Everyone should pay their rent on time and it is not the landlords fault that rent is gone up, that is the condition with huge demand driven by unrestricted immigration, a Dublin centric economic policy and failure to build any new housing stock with the best part of a decade now. The tenant is clearly a failure in life that they don't provide their own home and instead and expecting the taxpayer to pay their rent for them.

To the landlord OP don't lose hope and I don't advocate illegally evicting your tenant and you should seek legal advice but at the end of the day it is your house and don't allow this parasite tenant to drag you further into the red.

Spanish Eyes

What are the penalties for a so called "illegal eviction" does anyone know?

It is possibly a lot less than the totally legal route.

Now I am not advocating the wrong way at all. But I just wondered.

Prob get a card now, but it is a legitimate question.

circular flexing

knowledge88888 wrote: »

Ive no symphaty for any landlord. As now they are taking advantage people in a disgraceful way. Personally if it was a choice of going homeless or waiting for court order id wait to get order for eviction. Landlords are greedy beyond believe. Im sure as soon as u get them out ul be back making few grand per month for below standard living. Suck it up.

Yes, I'm totally greedy. That's why I'm charging 33% below market rate to my tenants :rolleyes:

Graham

Spanish Eyes wrote: »

What are the penalties for a so called "illegal eviction" does anyone know?

It is possibly a lot less than the totally legal route.

Now I am not advocating the wrong way at all. But I just wondered.

Prob get a card now, but it is a legitimate question.

It's possibly a lot more. I'll post the specifics if I can find them but the RTB can seek an injunction to return the tenant to the property. Fines can (and have) run into tens of thousands.

Graham

Mod Note: knowledge88888 do not post in this thread again.

4ensic15

Graham wrote: »

It's possibly a lot more. I'll post the specifics if I can find them but the RTB can seek an injunction to return the tenant to the property. Fines can (and have) run into tens of thousands.

The maximum fine is €20K. There may oossibly be costs added on. I have seen a tenant only getting €300 for a wrongful eviction. A lot depends on the circumstances.