Landlord evicted us to use apartment for own use and now advertises it on Airbnb

theneilmobile

So last October we got an eviction notice from our landlord, who is based in the US, stating that he wanted to use the apartment for himself and his wife for the periods of time when they returned home to Ireland.

He gave us the correct amount of notice and although we suspected that he was just going to use the place for Airbnb we were respectful and went looking for new accommodation without causing too much fuss.

Luckily for us we managed to get another apartment for slightly under the rent we were paying, although it was a little more out of town and not as nice as where we were. This was a bit of a fluke since everything else we looked at was on average 300 more a month that what we were paying.

4 months have passed since we moved and our old apartment has been renovated and is on booking.com and Airbnb. We don't think that our eviction was legal (maybe we are wrong?) and we would like to report the landlord. We don't want to force a way to move back in, or want compensation.

Looking at the RTB site the options are for mediation or adjudication. However it seems to be that these are for resolving a dispute, but I don't need to mediate anything, I just want to report that what he has done is illegal and for the relevant authority to take appropriate action

Any advice?

Samuel T. Cogley

The relevant authority only adjudicates on disputes. To deal with this properly you should raise a case with the RTB and follow it through.

The issue maybe though that is he using it for periods of time and AirBnBing it the rest of the time.

AmberGold

I’d put it behind me and move on, is it worth the hassle..

usernamegoes

AmberGold wrote: »

I’d put it behind me and move on, is it worth the hassle..

If they get compensation then it might be yeah.

Sleeper12

I can't see what the problem is tbh.

Perhaps he doesn't take bookings for when he's in Dublin. This would mean that he told you the truth. He hasn't rented it to new tenants. Short lettings gives him an income and he gets to stay in his own apartment when he's home

JJJackal

Plus you say he renovated it? And you moved into cheaper apartment. Plus he only wants it part time- he could say he is there on unoccupied nights.

LL has no case to answer in my opinion; plus you have minimal financial loss (so would u get much compensation even if eviction illegal?)

pwurple

Not sure what you are reporting him for?

If he is using it for himself, and doing air bnb for the rest of the time, that's within the regulations.

Always Tired

open a dispute on RTB website, i was illegally evicted and deposit taken too. after this was proven in the hearing I got a 4 figure payout. the LL was that thick he appealed the original ruling to try and drag it out more and after the appeal they actually doubled the award, which he paid.

it's not much hassle, open the dispute online, get your paperwork together, go to the hearing and state yr case. this is a big issue currently and they will take it seriously.

JJJackal

Always Tired wrote: »

open a dispute on RTB website, i was illegally evicted and deposit taken too. after this was proven in the hearing I got a 4 figure payout. the LL was that thick he appealed the original ruling to try and drag it out more and after the appeal they actually doubled the award, which he paid.

it's not much hassle, open the dispute online, get your paperwork together, go to the hearing and state yr case. this is a big issue currently and they will take it seriously.

What’s the issue to report though?

Always Tired

pwurple wrote: »

Not sure what you are reporting him for?

If he is using it for himself, and doing air bnb for the rest of the time, that's within the regulations.

no, it isn't. if you are living there you wouldn't be air bnb hosting for long stretches. on air bnb you can see what dates are available, if it's available large chunks of dates then he's not using it as his primary residence obviously.

the stipulation of moving in for yr own use is if the landlord needs to live there again, not live somewhere else and airbnb it.

Always Tired

JJJackal wrote: »

What’s the issue to report though?

explained above. simple really.

JJJackal

Always Tired wrote: »

no, it isn't. if you are living there you wouldn't be air bnb hosting in February. on air bnb you can see what dates are available, if it's available large chunks of dates then he's not using it as his primary residence obviously.

the stipulation of moving in for yr own use is if the landlord needs to live there again, not live somewhere else and airbnb it.

The LL can also evict for substantial repair or renovations - which the OP said was done

Marcusm

theneilmobile wrote: »

So last October we got an eviction notice from our landlord, who is based in the US, stating that he wanted to use the apartment for himself and his wife for the periods of time when they returned home to Ireland.

He gave us the correct amount of notice and although we suspected that he was just going to use the place for Airbnb we were respectful and went looking for new accommodation without causing too much fuss.

Luckily for us we managed to get another apartment for slightly under the rent we were paying, although it was a little more out of town and not as nice as where we were. This was a bit of a fluke since everything else we looked at was on average 300 more a month that what we were paying.

4 months have passed since we moved and our old apartment has been renovated and is on booking.com and Airbnb. We don't think that our eviction was legal (maybe we are wrong?) and we would like to report the landlord. We don't want to force a way to move back in, or want compensation.

Looking at the RTB site the options are for mediation or adjudication. However it seems to be that these are for resolving a dispute, but I don't need to mediate anything, I just want to report that what he has done is illegal and for the relevant authority to take appropriate action

Any advice?

Given that you are paying a lower rent, it might be hard to justify compensation.

JJJackal

Always Tired wrote: »

explained above. simple really.

I suppose its impossible to know how often the LL occupies it. Maybe the OP can check on air bnb and let us know 🙂

Sleeper12

Always Tired wrote:

open a dispute on RTB website, i was illegally evicted and deposit taken too. after this was proven in the hearing I got a 4 figure payout. the LL was that thick he appealed the original ruling to try and drag it out more and after the appeal they actually doubled the award, which he paid.

Always Tired wrote:

it's not much hassle, open the dispute online, get your paperwork together, go to the hearing and state yr case. this is a big issue currently and they will take it seriously.

You had a genuine complaint though.

LL in this case did nothing wrong. Renovated the apartment because he wanted to stay in it when visiting Dublin. He's entitled to put it on Airbnb when he is not staying there. He couldn't stay there when op was there but he can stay & use Airbnb. He's limited to the amount of days he can use Airbnb now too.

OP would have a case if there were little or no renovations done & he rented it out to tenants again. None of this happened though

Always Tired

JJJackal wrote: »

The LL can also evict for substantial repair or renovations - which the OP said was done

if the eviction notice doesn't state that as the reason then it's irrevelant. an eviction notice has to state the reason and that has to be the truth.

unfortunately, most LLs, like yourself, don't understand the proper procedures. they think they can do what they like and say whatever.

all OP has to do is take some screenshots of the ad showing the place offered on air bnb for large chunks of dates, and bring the eviction notice saying the reason for eviction is LL wanted the flat back to use as his residence.

it doesn't matter one bit if he renovated it in between if that wasn't the reason stated on the eviction notice.

and to your other post about whether there would be much compensation - depends on whether you consider between 1-2k to be much.

ive been down this road with 2 LLs, i know the rules. you don't seem to be informed about them properly.

Sir Oxman

AmberGold wrote: »

I’d put it behind me and move on, is it worth the hassle..

Nope.
Really crap advice.


Nail them if possible.

JJJackal

Always Tired wrote: »

if the eviction notice doesn't state that as the reason then it's irrevelant. an eviction notice has to state the reason and that has to be the truth.

unfortunately, most LLs, like yourself, don't understand the proper procedures. they think they can do what they like and say whatever.

all OP has to do is take some screenshots of the ad showing the place offered on air bnb for large chunks of dates, and bring the eviction notice saying the reason for eviction is LL wanted the flat back to use as his residence.

it doesn't matter one bit if he renovated it in between if that wasn't the reason stated on the eviction notice.

and to your other post about whether there would be much compensation - depends on whether you consider between 1-2k to be much.

ive been down this road with 2 LLs, i know the rules. you don't seem to be informed about them properly.

The LL decides that in possession of the property it needed substantial renovation. This may not have been clear until he occupied the property. This is a legitimate reason for eviction. If the circumstances change at the time of eviction eg change from sell to owner occupy does this matter? I do not know. The eviction notice has to be true to the best knowledge of the LL at the time it was executed.

The LL occupies the property when home. The LL puts it on air bnb during the other periods. Even if at the moment he occupies it for 1 week in 4, I don’t see how this is illegal eviction irrespective of renovations.

Were your dealings with the RTB identical?

Sleeper12

Always Tired wrote:

unfortunately, most LLs, like yourself, don't understand the proper procedures. they think they can do what they like and say whatever.

Always Tired wrote:

all OP has to do is take some screenshots of the ad showing the place offered on air bnb for large chunks of dates, and bring the eviction notice saying the reason for eviction is LL wanted the flat back to use as his residence.

Have you actually read the thread?

What exactly do you think LL is doing wrong?

He is doing exactly what he told the tenant he'd be doing

LL didn't say that they were moving home to live in the apartment. LL said they want to use the apartment when they are visiting Ireland. This is what they are doing. Renting it out as Airbnb on weekends that they aren't in Dublin isn't breaking any rules or laws. LL has taken back possession of the property. He now has the exact same rights you & I have in our own homes. He is no longer governed by LL /tenant legislation. It's now a private dwelling again. He is entitled to advertise it on Airbnb in the same way you or I can do with our own homes

Bigmac1euro

Worth reporting what you’ve observed. You very easily could have been shafted with double the rent you are paying now.

The LL should be following the rules and processes if the LL did in fact break the rules that is.
It’s insulting to other LL’s if he did break the rules because everyone knows how hard it is being a LL these days

Wheres Me Jumper?

this thread is yet another example of why i as a LL never rent to Irish people.

davindub

Sleeper12 wrote: »

Have you actually read the thread?

What exactly do you think LL is doing wrong?

He is doing exactly what he told the tenant he'd be doing

LL didn't say that they were moving home to live in the apartment. LL said they want to use the apartment when they are visiting Ireland. This is what they are doing. Renting it out as Airbnb on weekends that they aren't in Dublin isn't breaking any rules or laws. LL has taken back possession of the property. He now has the exact same rights you & I have in our own homes. He is no longer governed by LL /tenant legislation. It's now a private dwelling again. He is entitled to advertise it on Airbnb in the same way you or I can do with our own homes

I don't think use as holiday accommodation is what the RTA intended when they used the word "occupation". On that basis alone, even for their own use, the notice appears invalid.

OP you would be better getting professional advice if you need it, or just open a dispute & let the RTB adjudicate or mediate the case.

Always Tired

davindub wrote: »

I don't think use as holiday accommodation is what the RTA intended when they used the word "occupation". On that basis alone, even for their own use, the notice appears invalid.

this is exactly right and saying 'oh once i took possession I realized it needed renovation' simply won't fly. j jackal is grasping at straws here with that. once the notice is seen to be invalid, case will be cut and dry. and if it's up on air bnb for large stretches it's obviously not his primary residence.

more like, 'Once I took possession I realized I could make a hefty bit more cash with air bnb, especially if I fixed it up a bit, which I didn't bother to do before because I was 'only' getting market rate'

there's no point arguing with anyone who doesn't realize how vitally important a valid notice is. it is literally what the whole case will hinge on. the renovating bit wasn't on the notice so it doesn't even come into it and can't be used as the reason for eviction whatsoever. if the LL tries to backtrack and say that was the reason he'll just dig an even bigger hole because it will be obvious he's trying to use a different reason than on the notice.

Always Tired

Wheres Me Jumper? wrote: »

this thread is yet another example of why i as a LL never rent to Irish people.

because you don't want to follow the regulations and Irish people are more likely to know them and insist they be followed, so that their lives are not upended to foster bigger profits for landlords? well good for you i guess. but to me that's like saying, 'I much prefer to rob the elderly, they're less likely to fight back.'

anyway who cares what you do with your properties, it's irrevelant here.

The_Conductor

OP- what do you want out of the situation?
An offer to move back into the apartment again?
A case for compensation against the ex-landlord?
What is your end aim here?
Everyone here is gungho advising you to 'nail' the landlord and try to get compensation from him.
You might, or might not succeed- but ultimately the biggest sanction that could be applied is that the landlord would be forced to put the property back on the rental market- and give you first refusal- if this is what you want?

Its not clearcut- and there are new restrictions governing Airbnb/Booking.com (and their ilk)- which the RTB have said they are examining.

Ultimately what is your desired outcome from taking a case against the owner?

Sleeper12

davindub wrote:

I don't think use as holiday accommodation is what the RTA intended when they used the word "occupation". On that basis alone, even for their own use, the notice appears invalid.

It's off the market. No longer let to tenants. It's a private dwelling now It's out of their scope now.

If LL had let it again he'd be at fault. He isn't doing this. It's now a private dwelling the same as my own home. RTA has no say in how many nights per week /month the LL uses his own property. In fact he is no longer a LL.

matrim

Things like this and the people defending it are exactly why the current loopholes about eviction need to be removed.

If a landlord can't commit to renting somewhere for 6 years they should sell up.

q85dw7osi4lebg

Why on earth you would want to be a landlord is beyond me.

JJJackal

Jabari Squeaking Violoncello wrote: »

Why on earth you would want to be a landlord is beyond me.

I agree.

davindub

Sleeper12 wrote: »

davindub wrote:

I don't think use as holiday accommodation is what the RTA intended when they used the word "occupation". On that basis alone, even for their own use, the notice appears invalid.

It's off the market. No longer let to tenants. It's a private dwelling now It's out of their scope now.

If LL had let it again he'd be at fault. He isn't doing this. It's now a private dwelling the same as my own home. RTA has no say in how many nights per week /month the LL uses his own property. In fact he is no longer a LL.

Not one valid/ relevant point.

JJJackal

davindub wrote: »

Not one valid/ relevant point.

The main point is no one knows if the LL is occupying the house himself or not.