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Accidental Landlord - tenant has over stayed

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  • Closed Accounts Posts: 1,841 ✭✭✭Squatter


    BBFAN wrote: »
    That is maddening. It's so unfair what LL's have to go through to get rid of a tenant.


    It is. And yet countless morons both in these fora and in Dáil Eireann persist in calling Fine Gael "the Landlord's Party". Go figure. :(


  • Registered Users Posts: 1,447 ✭✭✭davindub


    Squatter wrote: »
    BBFAN wrote: »
    That is maddening. It's so unfair what LL's have to go through to get rid of a tenant.


    It is. And yet countless morons both in these fora and in Dáil Eireann persist in calling Fine Gael "the Landlord's Party". Go figure. :(

    Suppose they feel when you consider the entire regulatory environment they see landlords as benefitting from restricting residential builidng? You know value increases and the like?


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    davindub wrote: »
    Suppose they feel when you consider the entire regulatory environment they see landlords as benefitting from restricting residential builidng? You know value increases and the like?

    That would be a much stronger argument if 'value increases' hadn't essentially been halted by RPZ legislation and mortgage lending restrictions.

    Unsurprisingly, the 'promise' that a landlords investment will be rewarded by notional capital appreciation isn't particularly enticing.


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Squatter wrote: »
    It is. And yet countless morons both in these fora and in Dáil Eireann persist in calling Fine Gael "the Landlord's Party". Go figure. :(

    Should really be "pro large institutional landlords"

    They seem to be anti the landlord with one or two properties.


  • Registered Users Posts: 1,447 ✭✭✭davindub


    Graham wrote: »
    That would be a much stronger argument if 'value increases' hadn't essentially been halted by RPZ legislation and mortgage lending restrictions.

    Unsurprisingly, the 'promise' that a landlords investment will be rewarded by notional capital appreciation isn't particularly enticing.

    House prices haven't halted (but are slowing) and neither have rent increases. Those notional increases are only taxed at 33%, so arguably they are better for the investor and typically were the rational reason to invest in property.

    BTW, I am sorry for your situation OP and I hope you get them out quickly.


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  • Registered Users Posts: 30 Lizzie71


    let me just make this clear this woman is married has a husband who earns good money as a professional /Mod deletion/ so no its not a case of she has nowhere to go.they probably have more disposable cash then me and my wife have.we have never made any money on her rent because we though being renter yourselves for it while it is tough.we were just in a position to get this monkey off our back and now any chance we have of making any profit are low.So i am looking for constructive information not people arguing over silly wording. She is not a poor young girla lone with kids they are leaches both her and her husband. Sorry if this offends anyone but im offended at the lack of rights we have.rant over.

    Mod
    Pls do not post identifying info


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    same position here- tenant overstaying and refusing to pay rent. Have to sell as I can’t afford mortgage . Going through RTB process and will go to district court to get eviction. Do i feel sorry for tenant ? no, they have been abusive of their position like the OP tenant. We wonder why we have a housing crisis? Fact is a serious portion of soc welfare tenants / Hap abuse the system who feel entitled to free housing / handouts etc This leaves landlords cold and refusing to let to this group which is leaving 1000s of honest people unable to rent and swades of units empty. The amount of empty units in Dublin city is pure stunning as owners / landlords who can afford to own their units without rental will only expand in numbers as the hassle factor far outweighs renting.Madness but people are ignoring these contributing factors that are leading to a massive housing crisis. Minister Murphy is clutching at straws trying to resolve this issue.


  • Closed Accounts Posts: 1,424 ✭✭✭garhjw


    duskyjoe wrote: »
    same position here- tenant overstaying and refusing to pay rent. Have to sell as I can’t afford mortgage . Going through RTB process and will go to district court to get eviction. Do i feel sorry for tenant ? no, they have been abusive of their position like the OP tenant. We wonder why we have a housing crisis? Fact is a serious portion of soc welfare tenants / Hap abuse the system who feel entitled to free housing / handouts etc This leaves landlords cold and refusing to let to this group which is leaving 1000s of honest people unable to rent and swades of units empty. The amount of empty units in Dublin city is pure stunning as owners / landlords who can afford to own their units without rental will only expand in numbers as the hassle factor far outweighs renting.Madness but people are ignoring these contributing factors that are leading to a massive housing crisis. Minister Murphy is clutching at straws trying to resolve this issue.


    Totally agree. I’m going through RTB process at present with a number of tenants and they are just playing the system. Some might think it a harsh thing to say but some people deserve to be homeless.


  • Registered Users Posts: 610 ✭✭✭JustMe,K


    garhjw wrote: »
    Totally agree. I’m going through RTB process at present with a number of tenants and they are just playing the system. Some might think it a harsh thing to say but some people deserve to be homeless.

    All of these people seem to be getting advised by Threshold etc to overhold. I fully blame the councils & HAP for the majority of this issue, as they have pushed what should be their own tenants into the private rental market, and they are the ones with the 'home for life' view.


  • Registered Users Posts: 30 Lizzie71


    She made no appeal so she is just ignoring correspondence so RTB will send her a termination letter which dives her 14 or 15 days to move out then its the court system.


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  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 13,984 Mod ✭✭✭✭pc7


    Thanks for the updates OP, it is really soul destroying reading it, hope you get a resolution soon.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    OP it would be really great if you'd (as you very kindly have) keep updating this thread. There isn't a week goes by without someone in A&P asking if it's a good idea to buy an investment property and it would be good to have some concrete information and somewhere to point them on how long everything takes should they end up with a deadbeat. Thanks fort your updates so far and I hope it works out for you.


  • Registered Users Posts: 30 Lizzie71


    I know this process can be long but its soul destroying the waiting and the financial difficulty 😔. still waiting for the rtb letter to be sent to the tenants to say they have limited time to leave. Please let this get moving in the new year.


  • Closed Accounts Posts: 907 ✭✭✭Under His Eye


    My bet is she will force you into court to get an order to vacate. She will then suddenly have free legal aid to slow down the process.

    These chancers know all the tricks.


  • Registered Users Posts: 2,228 ✭✭✭BBFAN


    Lizzie71 wrote: »
    I know this process can be long but its soul destroying the waiting and the financial difficulty ��. still waiting for the rtb letter to be sent to the tenants to say they have limited time to leave. Please let this get moving in the new year.

    This is horrific for you Lizzie, don't know how these people can sleep at night. Do they not realise you have to pay a mortgage?

    I know it's useless to you at the moment but I hope you get a quick resolution in the end.


  • Registered Users Posts: 516 ✭✭✭10pennymixup


    Lizzie71 wrote: »
    I know this process can be long but its soul destroying the waiting and the financial difficulty ��. still waiting for the rtb letter to be sent to the tenants to say they have limited time to leave. Please let this get moving in the new year.

    Truly hope that it is "out with the old" for you in 2019.


  • Registered Users Posts: 30 Lizzie71


    oh they both know all the tricks in the book and they will drag it out til the end. The bit thats annoying is without going into detail this person his job is a professional athlete and i could ho down the social media route, but not sure if it would do more harm then good.


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    same gig here too- my soc welfare ignored RTB determination order- ignored pre proceedings letter- will not engage. Basically squatting in my apartment that i need to sell. What you will see in the new year is a swade if evictions on foot of court orders. What’s worse is these tenant advise groups and certain well known left wing TD’s have advised people to over stay / don’t bother paying rent and put the squeeze on the local authorities to find gold star alternative accommodation. Tenants will only move if they are given a house etc close to mammy. In the mean time the landlords have de facto become the free housing association on behalf of the government. It’s a total mess with the “entitled” free loaders ruining it for honest fair social welfare / HAP tenants that landlords when they hear these stories are just running a mile from.


  • Registered Users Posts: 1,456 ✭✭✭Evd-Burner


    I could understand and sympathize with the tenant if they were at least still paying rent. But by not paying rent I really do think they are the lowest of the low and there ought to be something to protect landlords in these kind of situations so they are not out of pocket.

    It's hard out there at the moment, I don't know what I would do if I was being kicked out of my apartment and I had no where else to go with my kids. But I would definitely still pay the rent.


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    the only thing u can do re tenants not paying rent is get a judgement order slapped on them. You won’t get your money back but what it does is ruin their credit rating for 12 years if they want a loan for a car etc.... or even something small.....they end up getting scammed by their own as in loan shark low ballers.

    Watch the new year, the housing crisis is going to get really bad.....no amount of legislation can make landlords let to people they don’t want to and the carrot of €400 to letting agencies is not worth the ink it’s written on.


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  • Registered Users Posts: 1,432 ✭✭✭moby2101


    idnkph wrote: »
    Set up a fake account on social media and name and shame?
    Or put up signs outside the house that they are not paying rent?
    I'd be publicly shaming these as much as possible. I wouldn't sleep with the effort I would put into that campaign

    ^^^^^
    This ...agree 100%

    @ Lizzie71, do everything to get this ass hats name out there. What a fffing scum bag.
    I got burnt badly years ago renting a property like yourself.
    Wish you all the best.
    Definitely out this guy


  • Registered Users Posts: 1,456 ✭✭✭Evd-Burner


    duskyjoe wrote: »
    the only thing u can do re tenants not paying rent is get a judgement order slapped on them. You won’t get your money back but what it does is ruin their credit rating for 12 years if they want a loan for a car etc.... or even something small.....they end up getting scammed by their own as in loan shark low ballers.

    Watch the new year, the housing crisis is going to get really bad.....no amount of legislation can make landlords let to people they don’t want to and the carrot of €400 to letting agencies is not worth the ink it’s written on.[/QUOTE]

    What carrot is that?


  • Closed Accounts Posts: 907 ✭✭✭Under His Eye


    I don't think court judgements will bother the determined overstayers.


  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    idnkph wrote: »
    Mod Snip

    Don’t do this. It’s very poor advice. You run the risk of leaving yourself open to legal action and charges of harassment. Unfortunately you need to continue to pursue the correct legal channels.


  • Registered Users Posts: 789 ✭✭✭jimd2


    Is there a routine that they have where they are out of the house for a while?

    Would it be possible to change the locks and arrange storage where you can move their stuff to and have 2 nights pre booked for her and the kids at a local hotel? Once you have the stuff moved send her a message and tell her where you have booked the hotel and left her stuff.

    People on here may say that is wrong / illegal etc but I think something like this is your only option. The RTB / courts will take an age and you or others in your family will get extremel stressed in the meantime.

    I think if you do this her partner (if known) wont want to pursue through courts etc. I am sure he has a backup plan in his hip pocket but they are probably pocketing a rent allowance that is not being paid to you. You have gone through the notice etc.

    Also, prepare a detailed, concise summary of what the process has been so far in case you are asked. Any normal people will side with you once the facts are made cear.


  • Registered Users Posts: 1,456 ✭✭✭Evd-Burner


    jimd2 wrote: »
    Is there a routine that they have where they are out of the house for a while?

    Would it be possible to change the locks and arrange storage where you can move their stuff to and have 2 nights pre booked for her and the kids at a local hotel? Once you have the stuff moved send her a message and tell her where you have booked the hotel and left her stuff.

    People on here may say that is wrong / illegal etc but I think something like this is your only option. The RTB / courts will take an age and you or others in your family will get extremel stressed in the meantime.

    I think if you do this her partner (if known) wont want to pursue through courts etc. I am sure he has a backup plan in his hip pocket but they are probably pocketing a rent allowance that is not being paid to you. You have gone through the notice etc.

    Also, prepare a detailed, concise summary of what the process has been so far in case you are asked. Any normal people will side with you once the facts are made cear.

    I'm no expert but I'm fairly sure this would leave the OP with a massive legal and compensation bill.


  • Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    idnkph wrote: »
    Mod Snip

    Mod
    Boards accepts no responsibility for any suggestions here, especially these


  • Closed Accounts Posts: 1,124 ✭✭✭by8auj6csd3ioq


    They generally do not.

    And I know of cases where that has happened.

    An overholding tenant comes home to a large agressive topless man drinking beer with his naked feet on the coffee table eating pizza and blaring heavy metal and indicates he is her new housemate.

    She moved out immediately.
    If she had gone to gardai he may have been prosecuted for intimidation or harrassment as may the landlord. Just because it gets a result does not mean it is legal


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    I don't think court judgements will bother the determined overstayers.

    a court judgement gives the landlord the right to evict the tenant.


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  • Closed Accounts Posts: 907 ✭✭✭Under His Eye


    duskyjoe wrote: »
    a court judgement gives the landlord the right to evict the tenant.
    Only the sheriff can evict.


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