How to protect landlords

CPTM

If you throw someone out of a plane and they die, you will probably be done for murder, or at least manslaughter. However, before I did a skydive, I watched a video, and signed multiple contracts which stated that I was aware of the risks involved, and that no charges could be pressed if anything went wrong.

What's stopping landlords from doing something like this to protect themselves from tenants who overstay without paying? As awful as it sounds, in this current market in Dublin, what's stopping a landlord from recording a potential tenant as they watch a video which spells out the consequences of 3 months rent being unpaid:

"The locks will be changed, and all your items will be left in storage for 3 months" ..

Is that a way to protect landlords?

Point to note: This is a hypothetical scenario - I'm neither in the position to try this, nor believe it is a morally good thing to do! I'm just curious as to why it hasn't been done yet. If such a process can be followed before killing someone by throwing them out of a plane, then why can't it be done for something more minor?

Samuel T. Cogley

The Residential Tenancies Act 2004 (as amended)

Also your analogy is fundamentally flawed. Also also you can't contract out of negligence.

CPTM

Samuel T. Cogley wrote: »

The Residential Tenancies Act 2004 (as amended)

Also you're analogy is fundamentally flawed.

Flawed - How so? What if the contract specifically called out the tenancies act 2004, mentions that the tenant does not wish to have any protection under it, and also that the tenant will use 3 months of unpaid rent as a signal to the landlord to end the contract, change the locks, and move their items into storage unless both parties contractually agree an alternative arrangement.

Samuel T. Cogley

CPTM wrote: »

Flawed - How so? What if the contract specifically called out the tenancies act 2004, mentions that the tenant does not wish to have any protection under it, and also that the tenant will use 3 months of unpaid rent as a signal to the landlord to end the contract, change the locks, and move their items into storage unless contractually agree an alternative arrangement.

In the same way you can't contract out of negligence you can't contract out of legislation (generally). If you could every standard set of T&Cs of every contract would disclaim liability under respective legislation. The reasoning behind this is parity of arms in contract, especially consumer contracts. You specifically point out the current rental market in Dublin; that's a prime example of the two sides not having parity.

CPTM

Samuel T. Cogley wrote: »

In the same way you can't contract out of negligence you can't contract out of legislation (generally). If you could every standard set of T&Cs of every contract would disclaim liability under respective legislation.

So when I watched the video in the skydiving centre, which told me that I was aware that no case of murder nor manslaughter could be brought against the company or its employees in the event of any death or injury, it was a waste of time?

Samuel T. Cogley

CPTM wrote: »

So when I watched the video in the skydiving centre, which told me that I was aware that no case of murder nor manslaughter could be brought against the company or its employees in the event of any death or injury, it was a waste of time?

Yes. If by their negligence you sustained an injury Skydiving episode you could sue and the DPP bring charges if they believed the the standard of negligence was high enough to sustain a criminal conviction if you died.

CPTM

Thank you Samuel T.Cogley for your timely and informative responses - I knew there must have been a reason nobody was doing this already!

Samuel T. Cogley

CPTM wrote: »

Thank you Samuel T.Cogley for your timely and informative responses - I knew there must have been a reason nobody was doing this already!

I'd say there's plenty of people trying it! They just risk ending up on the business end of a wrongful eviction case.

The pigeon man

The unfair contract terms regulations means that a signed contract can't exclude liability from the death or serious injury of a person.

Phrases like "we do not accept liability for death or injury howsoever caused" aren't worth the paper their written on.