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

Dav010

Garibaldi? wrote: »

The reality is that estate agents tip landlords of in a nod and a wink sort of manner because people dont want to draw hassle down on their own heads if things go belly-up. Not a documented list ! An "I heard it on the grapevine" one. And pretty accurate by all accounts.

This is actually very true. It would be fair to expect a good letting agent to be aware of undesirable tenants, particularly in smaller towns, and to inform clients if they have had issues with particular tenants in the past. I certainly would not be happy if a letting agent rented my house to a tenant whom they knew had been trouble in a previous property. I doubt the same info would be available in large urban areas though and I doubt the info would actually be written down.

handlemaster

usernamegoes wrote: »

handlemaster wrote: »

Compo culture ireland

It's terrible having to compensate someone for causing them loss. Presumably you don't keep deposits if tenants damage our property beyond normal wear and tear. That would be compo culture presumably.

What loss is there here ?

The_Conductor

Just to clarify for the OP's sake (and everyone else's)- ending a tenancy does not equate with an eviction- and it is misleading, deliberately or otherwise, to suggest it does (as per the thread title).

Sleeper12

handlemaster wrote:

What loss is there here ?

OP is in a better position now with cheaper rent however there the stress of the move and if LL is found to be in the wrong they like the compensate the tenant to punish the LL.

Personally I think the LL is safe enough in the way he handled this. This is his primary Irish residence and from June he will be restricted in renting to Airbnb. Imo this will help show RTB that he hasn't evicted for financial gain & that's what the intent of the legislation is all about.

Sleeper12

The_Conductor wrote:

Just to clarify for the OP's sake (and everyone else's)- ending a tenancy does not equate with an eviction- and it is misleading, deliberately or otherwise, to suggest it does (as per the thread title).

Not to contradict but OP says in the opening post that they got an eviction letter. I think this is why everyone is saying eviction

Garibaldi?

The_Conductor wrote: »

Just to clarify for the OP's sake (and everyone else's)- ending a tenancy does not equate with an eviction- and it is misleading, deliberately or otherwise, to suggest it does (as per the thread title).

Ending a tenancy is a legal measure permitted in certain circumstances. To refer to it as an eviction is both inaccurate and inflammatory.

The_Conductor

However, there is the whole hassle of an RTB case- organising representation for it, etc etc.
Honestly- I think the owner is better off getting out of letting the property- its not worth having to deal with the regulatory regime we find ourselves in- and the mindset of a not insignificant number of people who seem to view a compensation culture as normal, rather than exceptional behaviour.

I hope cases like this serve to highlight to the government- why there should be an imperative to move away from the private rental model, in its entirety- and we need to get over ourselves- and build social developments (which anyone, not just social tenants, should be able to rent).

The_Conductor

Garibaldi? wrote: »

Ending a tenancy is a legal measure permitted in certain circumstances. To refer to it as an eviction is both inaccurate and inflammatory.

+1

I'm giving the OP the benefit of doubt in this instance- however, if someone deliberately misconstrued a situation in this manner it could only be described as trolling.

Marcusm

Garibaldi? wrote: »

Ending a tenancy is a legal measure permitted in certain circumstances. To refer to it as an eviction is both inaccurate and inflammatory.

It might be inflammatory but it is not inaccurate; evict is traced to the Latin “evictus” which means to recover property by legal means (as opposed to by force). Idiomatically it might have negative connotations but it is not inaccurate per se.

Banmroi

Sleeper12 wrote: »

OP is in a better position now with cheaper rent however there the stress of the move and if LL is found to be in the wrong they like the compensate the tenant to punish the LL.

Personally I think the LL is safe enough in the way he handled this. This is his primary Irish residence and from June he will be restricted in renting to Airbnb. Imo this will help show RTB that he hasn't evicted for financial gain & that's what the intent of the legislation is all about.

The intent of the legislation is that the tenant does not lose the security of the part 4

JJJackal

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?

Any update OP? Think we are all curious for more info now

1874

Sleeper12 wrote: »

OP is in a better position now with cheaper rent however there the stress of the move and if LL is found to be in the wrong they like the compensate the tenant to punish the LL.

Personally I think the LL is safe enough in the way he handled this. This is his primary Irish residence and from June he will be restricted in renting to Airbnb. Imo this will help show RTB that he hasn't evicted for financial gain & that's what the intent of the legislation is all about.

I think you're correct in that the landlord has handled this that it covers him, he recovered his property and can let rooms in any scenario so long as it is his primary residence. No one has any say over that or can complain.

Where I see you're incorrect, I think I replied to you, but an owner occupier can more or less let rooms unrestricted in their own home, even with airbnb after June, there is no limitation (an owner occupier can even have a short term let for 90 days if they are not present/eg say on a long holiday, personally I wouldnt take any chance that someone wouldnt dick around with my place or try claim occupancy), this was shown to me and then I repeated it just yesterday

1874

1874 wrote: »

Thats what I thought too, but that does not seem to be the case.
An owner occupier can rent out rooms under STL for 90days (when not present) such as airbnb and on an ongoing basis letting a room (all year long).



is unlimited, but has to register. https://www.thejournal.ie/explainer-new-airbnb-laws-4304640-Oct2018/
I wouldnt normally quote the journal, but this was quoted to me in another post, so with the excerpts it seems, its allowed to let out for a short term let for 90 days, as in when you are not present.



Mary lives in the two-bedroom house in Cork that she owns near the sea. She wants to let a room occasionally on Airbnb, especially during the summer months. Can she?

Yes, she can let out her room year round, or the entire house for up to 90 days. She has to register with the council for her proposed short-term letting, as well and indicating which days (up to a total of 90) she intends to let out the whole house.

AND if you are the principal occupant, you can do so on an ongoing basis
Mike and John own a four-bedroom house which is their principal private residence (PPR). They let one of the rooms to a long-term tenant and the other room they keep on short-term letting websites. They find they have it rented for about 120 days a year. Can they continue?

Yes. If the house is their PPR, they can rent out the rooms on short-term let all year long, using the existing B&B exemptions. They need to register this with the council.

it seems so

see post above this post 133, reply to quote
yep, post 92, this thread, you even thanked my post

Sleeper12

Banmroi wrote: »

The intent of the legislation is that the tenant does not lose the security of the part 4

And the intent of the exemptions in the legislation is to ensure that the LL isn't cutting short the tenancy for financial gain. He can cut short the lease to live in the property, so his family can live in the property. Not being able to use Airbnb rules out financial gain.

Sleeper12

1874 wrote:

Where I see you're incorrect, I think I replied to you, but an owner occupier can more or less let rooms unrestricted in their own home, even with airbnb after June, there is no limitation (an owner occupier can even have a short term let for 90 days if they are not present/eg say on a long holiday, personally I wouldnt take any chance that someone wouldnt dick around with my place or try claim occupancy), this was shown to me and then I repeated it just yesterday

You are totally correct there. The point I was making (trying to make) was that if he's doing Airbnb from June the he's a resident. That will take the wind out of the sails of any complaint against him.

The thing is that it's an apartment. I don't know op has has stated how many bedrooms.

dudara

It’s hard to say if this landlord’s motives were genuine or not. He has handled it very cleverly, and I think you will have a tough case to prove that he deliberately ended your tenancy for the purpose of converting to short term lets.

If you show that the apartment went up on AirBnB soon after your departure and that it has been consistently available, that could strengthen your argument. But it will be a tough one to prove because of how he worded it.

Sleeper12

dudara wrote:

If you show that the apartment went up on AirBnB soon after your departure and that it has been consistently available, that could strengthen your argument. But it will be a tough one to prove because of how he worded it.

Ad went up 4 months after tenancy ended. If he is only taking bookings from May then he hasn't rented in 6 months and he's done nothing wrong. I don't know that he isn't taking bookings for the next two months. I'm just saying what if.

More information from op would be useful

Banmroi

Sleeper12 wrote: »

And the intent of the exemptions in the legislation is to ensure that the LL isn't cutting short the tenancy for financial gain. He can cut short the lease to live in the property, so his family can live in the property. Not being able to use Airbnb rules out financial gain.

He nor his family are living in the property they are living in the States

Sleeper12

Banmroi wrote:

He nor his family are living in the property they are living in the States

How do you know that? Have I missed some posts by op?

Sleeper12

Banmroi wrote: »

He nor his family are living in the property they are living in the States

Ah Jasus. You made me go back over the whole thread again... OP only posted once. All OP said about the LL & his family is

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.

Form that you deducted that LL nor his family live in the apartment???
LLs brother, sister, mother, father or children could be living in the apartment. You don't know. Non of us know

davindub

Sleeper12 wrote: »

Banmroi wrote: »

He nor his family are living in the property they are living in the States

Ah Jasus. You made me go back over the whole thread again... OP only posted once. All OP said about the LL & his family is

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.

Form that you deducted that LL nor his family live in the apartment???
LLs brother, sister, mother, father or children could be living in the apartment. You don't know. Non of us know

Up to the landlord to prove this really, but unless he stated the above relations would be occupying the apartment, it's irrelevant, there is a requirement to state who will occupy and how long they would occupy and that the property was required.

But according to the OP, the landlord has stated he would occupy only when in Ireland. I don't even think the LL would get a chance to justify this, he was required to state "occupy" not "occupy ...but further explanation".

The_Conductor

As the OP seems to have vanished and isn't elaborating any further- I'm closing the thread- as the conspiracies and other theories here are getting wilder and wilder- in the absence of clarification from the OP.

OP- if you want the thread re-opened- please PM me.