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Can I kick her out?

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    #152
    scamalert
    Registered Users Posts: 3,739 ✭✭✭scamalert


    Not sure if someone suggested but OP find out brats parents number, and call em telling to pickup their brat, problem solved, dealing with just above teenage mentality shouldn't be your problem, if theres no cop on at all coming from person you took in, seems obvious solution.


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    #153
    housetypeb
    Registered Users Posts: 1,182 ✭✭✭housetypeb


    That's just getting more involved in her problem, ringing relatives to take her off of your hands and then having to explain to them why it's their responsibility to collect her.
    Put her outside the door and she can ring her own relatives.


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    #154
    ldy4mxonucwsq6
    Closed Accounts Posts: 1,537 ✭✭✭ldy4mxonucwsq6


    Tell her that given that she was there for college accommodation and that college is now finished for the foreseeable that the arrangement has come to an end and its time for her to leave.

    Let her know that given the circumstances she will need to move back home/make alternative arrangements (what was her plan for end of semester next month anyway?) and give her 2-3 days to arrange things.

    Give her a date to be out by and say goodbye, you don't have to accommodate her any further.


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    #155
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    B.A._Baracus wrote: »
    That's official talk tho ;)
    Nothing stopping her parents driving up and collecting her. Yes I know the whole 2km limit but not everyone is abiding to that lets be honest and if the parents can't make that journey for the well being of their daughter then that says a lot about them.

    Op wants her out. So she has to go. My above post is a tactful (you could argue manipulative :pac: ) way to achieve that)

    Oh I do agree with you 100% on that...... if however, and for whatever reason, she decided she doesn't want to leave then she can ring the Gardai and the Op would be told in no uncertain terms that what he is attempting to do (ie. force her out) is circumvent the current restrictions and will be liable for the consequences of his actions.

    His only hope is her wanting to leave and people willing to break the restrictions (and risk being caught) to facilitate her leaving....... failing that he's stuck with her for the time being.


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    #156
    Dav010
    Registered Users Posts: 14,009 ✭✭✭✭Dav010


    MadDog76 wrote: »
    Oh I do agree with you 100% on that...... if however, and for whatever reason, she decided she doesn't want to leave then she can ring the Gardai and the Op would be told in no uncertain terms that what he is attempting to do (ie. force her out) is circumvent the current restrictions and will be liable for the consequences of his actions.

    His only hope is her wanting to leave and people willing to break the restrictions (and risk being caught) to facilitate her leaving....... failing that he's stuck with her for the time being.

    Gardaí would say it’s a civil matter, and he is not stuck with her.


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    #157
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    MadDog76 wrote: »
    Oh I do agree with you 100% on that...... if however, and for whatever reason, she decided she doesn't want to leave then she can ring the Gardai and the Op would be told in no uncertain terms that what he is attempting to do (ie. force her out) is circumvent the current restrictions and will be liable for the consequences of his actions.

    His only hope is her wanting to leave and people willing to break the restrictions (and risk being caught) to facilitate her leaving....... failing that he's stuck with her for the time being.

    Again, the Gardai have no such power. You have been told this more than once now.

    The Gardai have powers to enforce certain aspects of this act, not all of it. Evictions remain in the civil domain and will be decided that way.

    Traveling back to her parental home as a result of losing accommodation will be covered under essential travel so she's fine. Collecting her may not be 100% deemed essential but I don't see any issue really.

    'licensee' or 'tenant'? The 2020 act I think was worded in such a way as to try and suggest no evictions at all in any circumstances BUT expressly avoided doing so as changing the meaning of 'tenant' opens up a large can of worms that would be messy to try and close again. So it was suggested and that way very few evictions would actually occur because as this thread shows, people don't really know where they stand.


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    #158
    scamalert
    Registered Users Posts: 3,739 ✭✭✭scamalert


    housetypeb wrote: »
    That's just getting more involved in her problem, ringing relatives to take her off of your hands and then having to explain to them why it's their responsibility to collect her.
    Put her outside the door and she can ring her own relatives.
    well its better then ringing guards or throwing her onto street then getting guards at the door trying to explain why he did it. Its his home, hes not running shelter, the lockdown and pandemic wont wipe couple people out over this crap, so better to set ultimatum for tenant to arrange to get the f out, as they arent homeless nor at risk.


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    #159
    Spook_ie
    Registered Users Posts: 10,896 ✭✭✭✭Spook_ie


    Niner leprauchan wrote: »
    Again, the Gardai have no such power. You have been told this more than once now.

    The Gardai have powers to enforce certain aspects of this act, not all of it. Evictions remain in the civil domain and will be decided that way.

    Traveling back to her parental home as a result of losing accommodation will be covered under essential travel so she's fine. Collecting her may not be 100% deemed essential but I don't see any issue really.

    'licensee' or 'tenant'? The 2020 act I think was worded in such a way as to try and suggest no evictions at all in any circumstances BUT expressly avoided doing so as changing the meaning of 'tenant' opens up a large can of worms that would be messy to try and close again. So it was suggested and that way very few evictions would actually occur because as this thread shows, people don't really know where they stand.

    The 2020 CoVid act specifically states it's for the duration of 3 months or the length of the emergancy, I still say that the words "notwithstanding" and "all" are the keywords that a judge would use in reaching a decision, if such a case ever went to court.


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    #160
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Dav010 wrote: »
    Gardaí would say it’s a civil matter, and he is not stuck with her.

    Normally yes........ but these aren't normal times and her being put out at present would be seen as a threat to the general public.


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    #161
    Time
    Registered Users Posts: 993 ✭✭✭Time


    Spook_ie wrote: »
    The 2020 CoVid act specifically states it's for the duration of 3 months or the length of the emergancy, I still say that the words "notwithstanding" and "all" are the keywords that a judge would use in reaching a decision, if such a case ever went to court.

    It would still be "all tenancies". There's just no way of squaring that circle unless a licensee falls under the definition of tenancy for the purposes of the act.


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    #162
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    MadDog76 wrote: »
    Normally yes........ but these aren't normal times and her being put out at present would be seen as a threat to the general public.

    It is an essential trip if she has to leave her accommodation.

    I suppose someone having the s*it kicked out of them by their spouse has to stay put too :rolleyes:

    You are either ignoring all the info being given to you or you don’t have the ability to understand this quite simple information.


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    #163
    893bet
    Registered Users Posts: 8,745 ✭✭✭893bet


    Lol hard at the guards getting involved as the girl is a threat to the public.

    Do you realise how ridiculous you sound.


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    #164
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    Are you really going to live in filth and put everyone else at risk on the off chance something happpens? At least you can look back from a hospital bed in consolation that you listened to one interpretation of a law that can’t be interpreted.
    Give your head a shake and change the locks on her. Out.


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    #165
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    893bet wrote: »
    Lol hard at the guards getting involved as the girl is a threat to the public.

    Do you realise how ridiculous you sound.

    We can't even go for a walk further than 2km from our house or even drop into the local for a couple of pints! Absolutely ridiculous!!

    They'll be telling us we can't give our 90yr old Granny a hug next!!

    As you said, ridiculous..........


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    #166
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Spook_ie wrote: »
    The 2020 CoVid act specifically states it's for the duration of 3 months or the length of the emergancy, I still say that the words "notwithstanding" and "all" are the keywords that a judge would use in reaching a decision, if such a case ever went to court.

    Yes I know, might be extended though and any issues that arise now will take months if not years to drag through the system with each unique situation possible ending up in the high court to make a decision on if the term included that set situation at that dryt period.


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    #167
    Spook_ie
    Registered Users Posts: 10,896 ✭✭✭✭Spook_ie


    Time wrote: »
    It would still be "all tenancies". There's just no way of squaring that circle unless a licensee falls under the definition of tenancy for the purposes of the act.

    Doesn't have to, the term ALL evictions covers it.


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    #168
    Dav010
    Registered Users Posts: 14,009 ✭✭✭✭Dav010


    Spook_ie wrote: »
    Doesn't have to, the term ALL evictions covers it.

    https://gifimage.net/wp-content/uploads/2017/11/fingers-in-ears-gif-9.gif


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    #169
    Time
    Registered Users Posts: 993 ✭✭✭Time


    Spook_ie wrote: »
    Doesn't have to, the term ALL evictions covers it.

    That's like saying if the law was worded as "all people under 18 are forbidden from drinking alcohol" that nobody at all could drink. You can't take the "all" and ignore the qualification to that that which is "people under 18"

    Similarly you can't view the all evictions part here without the qualifying statement regarding tenancies. Why would that have even been put in if it was all evictions in all circumstances? It just wouldn't make any sense.


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    #170
    Time
    Registered Users Posts: 993 ✭✭✭Time


    Just a quick update on this, i received a response from the RTB, they took the information from this government document which is actually worded differently. They also confirmed licensees would not fall under their remit and so they wouldn't get involved where an eviction takes place.


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    #171
    sweetie
    Registered Users Posts: 9,791 ✭✭✭sweetie


    Time wrote: »
    Just a quick update on this, i received a response from the RTB, they took the information from this government document which is actually worded differently. They also confirmed licensees would not fall under their remit and so they wouldn't get involved where an eviction takes place.

    Hallelujah


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    #172
    splinter65
    Registered Users Posts: 9,420 ✭✭✭splinter65


    sweetie wrote: »
    Hallelujah

    But ...but ....but ....but ...but ....but ...but
    You’ll still have posters arriving on who know better then the RTB.


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    #173
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    splinter65 wrote: »
    But ...but ....but ....but ...but ....but ...but
    You’ll still have posters arriving on who know better then the RTB.

    Of course you will. The RTB's website is misleading. The RTB has had its decisions overturned in the High Court many times.
    The RTB is far from expert and the people who answer the phone are not the people who decide the cases.
    It would be far better if posters analysed the legislation instead of cogging the RTBs FAQs.


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    #174
    splinter65
    Registered Users Posts: 9,420 ✭✭✭splinter65


    Claw Hammer wrote: »
    Of course you will. The RTB's website is misleading. The RTB has had its decisions overturned in the High Court many times.
    The RTB is far from expert and the people who answer the phone are not the people who decide the cases.
    It would be far better if posters analysed the legislation instead of cogging the RTBs FAQs.

    So you DO know better then the RTB? I’ve a feeling that you are pretty much an expert on almost every subject that might come up for discussion.
    So. Let’s pretend that you are a lincesee in someone’s home and the homeowner has asked you to leave please by 3pm on Friday . You don’t want to leave.
    What’s your next step claw hammer? Just refuse to go?
    Fine.
    Say you go out on Saturday to get some shopping and come back and find that the homeowner has managed to lock you out. You ring him and he tells you that he’s in your room bagging up your things and you can come back and collect them at 3pm.
    What are you going to do now?


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    #175
    Cupatae
    Banned (with Prison Access) Posts: 1,915 ✭✭✭Cupatae


    never_mind wrote: »
    Hi everyone

    We have a student in ‘digs’ with us. She is a friend’s cousin and we were helping her out for college accommodation. With covid we expected her to head home but she decided to stay. Her attitude has been fairly rotten since then including drinking a lot, being very dirty, not helping around house, and smoking in her room. We’ve done everything to try and sort these issues out with her but i think we have to give her the heave ho soon.

    As covid seems to be here for the long term I wonder how and when I should broach then topic with her. She is a licensee I guess but our mental health is suffering with her. We were going to give her the summer and tell her she would have to head home by early August. Nothing has been decided and I just wanted to see what you all thought first.

    Out straight away dont listen to anything else, its your home your rules end of.


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    #176
    KevRossi
    Registered Users Posts: 4,387 ✭✭✭KevRossi


    This doesn't look too good.

    https://twitter.com/bridsmithTD/status/1254871888989433856


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    #177
    Time
    Registered Users Posts: 993 ✭✭✭Time


    KevRossi wrote: »
    This doesn't look too good.

    https://twitter.com/bridsmithTD/status/1254871888989433856

    The key there is that "it is understood", unfortunately the text of the legislation doesn't agree. Maybe it's the spirit of the law, but it's not the actual law.


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    #178
    Quantum Erasure
    Registered Users Posts: 8,170 ✭✭✭Quantum Erasure


    MadDog76 wrote: »
    We can't even go for a walk further than 2km from our house or even drop into the local for a couple of pints! Absolutely ridiculous!!

    They'll be telling us we can't give our 90yr old Granny a hug next!!

    As you said, ridiculous..........
    from another thread here
    seasidedub wrote: »
    I've moved in the middle of all this. Went to guards who told me moving home fell under essential business as people cant be homeless. I'd sold and purchasers were desperate.

    ...

    It can be done.


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    #179
    skooterblue2
    Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Its there a possibility that the crisis could last for a year? I am not sure I could handle living with a yoke like that.


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    #180
    BarryD2
    Closed Accounts Posts: 4,732 ✭✭✭BarryD2


    Dav010 wrote: »
    To be fair to the op, he/she posted in the opening post that they have done everything to try and sort out the girls behaviour. So I think the chatting phase has already been exhausted.
    ReginaldSmythV wrote: »
    You didn’t read the OP at all then or just chose to ignore it.

    OP? "We’ve done everything to try and sort these issues out with her"

    With respect, that could mean everything and nothing. Maybe they've sat down with her and gone through the problems arising (fine) or maybe they've just muttered a bit under their breath and thrown a few disapproving glances?


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    #181
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Time wrote: »
    Just a quick update on this, i received a response from the RTB,......... they wouldn't get involved where an eviction takes place.

    In the current crisis climate it would be the Gardaí that would get involved in this situation.


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