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Eviction Ban extended

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    #572
    DubCount
    Registered Users Posts: 1,065 ✭✭✭DubCount


    redarmyblues wrote: »
    If the legislation is so bad for tenants, why are the Welfare Before Work crowd crying about it?

    They will continue to cry until everyone is living in a palace for free.


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    #573
    brownbeard
    Registered Users Posts: 112 ✭✭brownbeard


    Thanks.

    What if the tenant repays over due rent by say Aug 5th. Would it still be the case that notice could not be served till Jan?


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    #574
    blowin3
    Registered Users Posts: 477 ✭✭blowin3


    What happens to a tenant on HAP unemployed who was given notice last January that the LL is selling the house and had to vacate the property by July 1 . They the tenant have never worked ( so covid payment is not in the picture) can this order to vacate the property be enforced after August the first.
    I appreciate any advice on this thanks.


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    #575
    DubCount
    Registered Users Posts: 1,065 ✭✭✭DubCount


    brownbeard wrote: »
    Thanks.

    What if the tenant repays over due rent by say Aug 5th. Would it still be the case that notice could not be served till Jan?

    The issue is around the actions of the tenant. If the tenant declares to the RTB that they qualify for protection, the system works on a self assessment basis, and its up to the LL to go to the RTB to question this self assessment. Based on track record, I expect the RTB to take a liberal interpretation in favor of the tenant.


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    #576
    Ta ceist agam
    Banned (with Prison Access) Posts: 387 ✭✭Ta ceist agam


    Rent Arrears
    Hi

    Does anyone know what the next step after serving a 28 day termination period for rent arrears on a tenant in a house share who has been there for 1 year? They have 3 months rent arrears to date?

    What if they do not leave after the 28 day termination period?


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    #577
    Nijmegen
    Registered Users Posts: 3,086 ✭✭✭Nijmegen


    The_Conductor wrote: »
    Yes- if she meets the criteria for protection under the new legislation.
    Thats it in a nutshell.
    The protection, as outlined, is not yet enshrined in legislation- so a prospective landlord would be well advised to formally wipe any arrears quickly (over the next day or two) in a formal and witnessed manner- so the tenant did not have arrears once the new legislation came in- which is one of the determining factors for triggering additional rights for the tenant (until the 10th Jan 2021).

    Depending on how clever your tenant is (and lets face it, many are clever) I'd say that going this route in between the measure being announced and it being enacted could get you into a solicitor letter writing campaign that would just drag things out anyway; and you'll end up with some PBP heads down the courts cheering on a test case. You may win but I'd say the net effect in time would be the same with increased risk of cost.


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    #578
    Countryboy2018
    Registered Users Posts: 25 ✭Countryboy2018


    blowin3 wrote: »
    What happens to a tenant on HAP unemployed who was given notice last January that the LL is selling the house and had to vacate the property by July 1 . They the tenant have never worked ( so covid payment is not in the picture) can this order to vacate the property be enforced after August the first.
    I appreciate any advice on this thanks.

    Have you received the Determination order from the rtb yet?
    Or did you just issue the tenant with a notice of termination in January?


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    #579
    Ta ceist agam
    Banned (with Prison Access) Posts: 387 ✭✭Ta ceist agam


    Phishnet wrote: »
    PTRB first, then onto Civil Court if they still fail to comply. All sorted within 12 to 18 months, great little Country.

    I'm not sure if that was a reply to my question.

    But if it is, does the Landlord have to inform PRTB that they are issuing a tenant with a 28 day termination notice? Any link to verify this?

    Also, do you mean it's onto Civil Court if they don't leave the property even if it's a house share?

    What if the Landlord appoints a Letting agency to take over the management of the house share, does this affect the tenants length of tenancy? For instance, if a letting agency takes over say next month, is this classed as a new tenancy?

    Or is it that the Letting agent is just that, an agent for the landlord so tenant length of tenancy will still be over a year. Or does it matter if the tenant now must pay the Letting agency?

    Is a tenant required to accept a letting agency instead of a landlord for 1 year, even if the other tenants agree to sign up with the letting agency?


    Apologies for all the questions


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    #580
    Countryboy2018
    Registered Users Posts: 25 ✭Countryboy2018


    Phishnet wrote: »
    PTRB first, then onto Civil Court if they still fail to comply. All sorted within 12 to 18 months, great little Country.

    If it’s sorted within the 18 months you would be lucky.
    Due to the covid RTB will be even slower than they already are.
    I issued tenant a termination notice in October, took out a dispute for vadility of my own notice in December,
    As I knew well threshold would advise tenant to overhold and wait for me to take a case for overholding in order to delay the process even further,
    had hearing at the end of February and only received Determination order last week.
    So I suppose waiting 8 months wasn’t
    too bad 🙂
    could have been delayed another 6 months if the tenant appealed the adjudicator’s report.


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    #581
    Ta ceist agam
    Banned (with Prison Access) Posts: 387 ✭✭Ta ceist agam


    Can a current tenant refuse to sign up to a Letting agency that a Landlord has transferred the managemnt of the property over to?


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    #582
    blowin3
    Registered Users Posts: 477 ✭✭blowin3


    Countryboy2018 wrote: »
    Have you received the Determination order from the rtb yet?
    Or did you just issue the tenant with a notice of termination in January?

    The tenant has been to the RTB for anti social behaviour. The land lord said he is selling up and gave them 6 months notice which ended in July 1. Can the LL enforce termination order in August or wait .


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    #583
    Countryboy2018
    Registered Users Posts: 25 ✭Countryboy2018


    blowin3 wrote: »
    The tenant has been to the RTB for anti social behaviour. The land lord said he is selling up and gave them 6 months notice which ended in July 1. Can the LL enforce termination order in August or wait .

    Yes a landlord can start the enforcement process through the district court if the tenant refuses to vacate in August but only if the landlord has received the Determination order from the RTB.


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    #584
    kenmm
    Closed Accounts Posts: 1,698 ✭✭✭kenmm


    Just to clarify - the eviction ban is exactly that - an eviction ban. The new legislation doesn't change the notice a tenant has to give if they want to leave under normal circumstances?

    So a tenant in a property for between one and two years gives the landlord the 'standard' notice (which I believe is 42 days)? Or is that all wrong?


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    #585
    blowin3
    Registered Users Posts: 477 ✭✭blowin3


    kenmm wrote: »
    Just to clarify - the eviction ban is exactly that - an eviction ban. The new legislation doesn't change the notice a tenant has to give if they want to leave under normal circumstances?

    So a tenant in a property for between one and two years gives the landlord the 'standard' notice (which I believe is 42 days)? Or is that all wrong?
    Thats what I cant understand. I was led to believe that when the amnesty came in March the notice countdown stoped. Now I am hearing if the tenant has to be out by lets say July 2 they now have to move 10 days after August 1 is this correct or am I missing something again no covid payment involved but lots of anti social behavior.


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    #586
    redarmyblues
    Registered Users Posts: 972 ✭✭✭redarmyblues


    This legislation seems likely to add extra layers of confusion to an already fraught situation. The legislation constantly refers to he/she how it will translate to a couple where one was in receipt of a Covid payment and the other stayed at work on a large salary, will the RTB rule for the individual on the Covid or on the couple. Why a means tests wasn't introduced in the legislation is beyond me.


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    #587
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    Ta ceist agam wrote: »
    Can a current tenant refuse to sign up to a Letting agency that a Landlord has transferred the managemnt of the property over to?
    By "sign up to a Letting agency", do you mean that the tenant would be signing a new lease? If they're Part IV tenants, I don't think they have to. I'm assuming that there is no benefit for them to do so?


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    #588
    Pboru22
    Registered Users Posts: 16 ✭Pboru22


    Everyone,

    Sorry for this stupid question but has the eviction ban been extended beyond August 1st?

    I had a case sent to rtb where I repesented LL and the LL won the case and the tenant has 28days to leave from lifting of eviction ban.


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    #589
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    blowin3 wrote: »
    The tenant has been to the RTB for anti social behaviour. The land lord said he is selling up and gave them 6 months notice which ended in July 1. Can the LL enforce termination order in August or wait .

    What is a termination order? ALl thye landlord has done is give notice. Now the tenant is an overholder.


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    #590
    snowgal
    Registered Users Posts: 1,777 ✭✭✭snowgal


    Pboru22 wrote: »
    Everyone,

    Sorry for this stupid question but has the eviction ban been extended beyond August 1st?

    I had a case sent to rtb where I repesented LL and the LL won the case and the tenant has 28days to leave from lifting of eviction ban.

    No the ban has been lifted, part from those who are on state payment for Covid. If the Tenant is not then they will have to move on....

    We're in that situation (or will be very soon). We are waiting for our notice and are currently looking at other rentals. There is so so little available around us.


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    #591
    blowin3
    Registered Users Posts: 477 ✭✭blowin3


    snowgal wrote: »
    No the ban has been lifted, part from those who are on state payment for Covid. If the Tenant is not then they will have to move on....

    We're in that situation (or will be very soon). We are waiting for our notice and are currently looking at other rentals. There is so so little available around us.

    I was on to Threshold today regarding a similar question. If someone is on notice to vacate a house lets say 6 months. The clock on the notice stoped in March when the emergency legastion came into force. The clock on the notice started again August 1. For someone who is trying to cope with antisocial behavior its not great news but noting one can do but shut up and put up .


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    #592
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    https://www.independent.ie/irish-news/politics/protection-for-renters-negatively-impacted-by-covid-19-pandemic-set-to-be-extended-40176408.html


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    #593
    fran38
    Registered Users Posts: 505 ✭✭✭fran38


    rightmove wrote: »
    https://www.independent.ie/irish-news/politics/protection-for-renters-negatively-impacted-by-covid-19-pandemic-set-to-be-extended-40176408.html

    How will this affect LLs who are trying to evict licencees does anyone know?


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    #594
    Caranica
    Registered Users Posts: 10,012 ✭✭✭✭Caranica


    fran38 wrote: »
    How will this affect LLs who are trying to evict licencees does anyone know?

    Such people are not landlords and licencees can be asked to leave at any time. They were not included in this eviction ban as it's a case of removing consent for a guest to reside in your home rather than eviction. There is no tenancy to end.


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    #595
    blowin3
    Registered Users Posts: 477 ✭✭blowin3


    rightmove wrote: »
    https://www.independent.ie/irish-news/politics/protection-for-renters-negatively-impacted-by-covid-19-pandemic-set-to-be-extended-40176408.html

    I noted that alright. There are 2 laws one for decent hard working people who have basically no rights. Than you have the members of society who basically dont partake in normal living are protected by law and minister Murphy disgusting to be honest.


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