Eviction Ban extended

Yellow_Fern

Yellow_Fern wrote: »

Worth bearing in mind that filming anyone without their consent is technically illegal under GDPR, particularly if footage its on a app like whatsapp or facebook. It is a mad law and I dont see how anyone can enforce that. I know in my community we share pics of youths and teenagers who are dangerous and committing crimes in our estate all the time. It is pretty shocking that the guards would take her serious.

Filming or photographing someone in a public place is most certainly not illegal under any law.

Doing so in a private place where someone would have a expectation of privacy, i.e. their back garden is different.

Also a guard has no right to demand to see a phone.

Yellow_Fern

Ramon Some Permit wrote: »

Filming or photographing someone in a public place is most certainly not illegal under any law.

Doing so in a private place where someone would have a expectation of privacy, i.e. their back garden is different.

Also a guard has no right to demand to see a phone.

I am not saying you are wrong at all, but there are credible people who argue that filming a troublesome neighbour and sharing the footage to other neighbour is illegal. I guess it would be civil law so I presume the gardai should not be involved.There is the public vs private distinction but the front door of many houses is often public and the footage is often automatically 'shared' by being stored in the cloud, many which are located on servers in China or the US. There is no clarity as far as I can see.

TSQ

frw5 wrote: »

You are right there, my rent got decreased, and look and behold the landlord is still alive and not generating loss. :rolleyes:

I think I am on topic because this is a perfect example on how someone tried to use the situation to rent a property to go on a spending spree. It is a perfect example where this type of investment only reflects negatively on society. Luckily it seems we are slowly coming out of Dark Ages. Over and out.

Why dont you work hard, save a deposit and buy your own place instead of sponging off the hard work and savings of others. There are properties on BidX all over Ireland for under 100k.. ah no, you want to be near your ma / the pub/ the shops/ The airport for your trips away / the social welfare office... and someone else to pay for keeping you in the style and location you are entitled to, no doubt your plan is for a forever home at taxpayers expense, without ever making any effort yourself.
As for the snide reference to “spending spree” wherever that came out of, you sound like a right begrudger. I suppose you would prefer if everyone who went abroad for work or pleasure left houses empty.

Yellow_Fern

TSQ wrote: »

Why dont you work hard, save a deposit and buy your own place instead of sponging off the hard work and savings of others. There are properties on BidX all over Ireland for under 100k.. ah no, you want to be near your ma / the pub/ the shops/ The airport for your trips away / the social welfare office... and someone else to pay for keeping you in the style and location you are entitled to, no doubt your plan is for a forever home at taxpayers expense, without ever making any effort yourself.
As for the snide reference to “spending spree” wherever that came out of, you sound like a right begrudger. I suppose you would prefer if everyone who went abroad for work or pleasure left houses empty.

In fairness these cheap properties require a lot of love, patience and money to renovate to modern building regulations. You can sleep in a property that does not meet regulation but you can't ever rent it out. But the person you were responding to is a total nutter so I agree with the sentiment of your actual post 100%.

TSQ

So does the eviction ban extend to these tenants? Yet it is the landlord being taken to court, not the anti-social tenants, snd the PRTB nowhere to be seen. https://www.irishexaminer.com/breakingnews/ireland/we-have-had-no-sleep-whatsoever-cork-covid-party-house-case-hears-from-residents-1010476.html

Yellow_Fern

TSQ wrote: »

So does the eviction ban extend to these tenants? Yet it is the landlord being taken to court, not the anti-social tenants, snd the PRTB nowhere to be seen. https://www.irishexaminer.com/breakingnews/ireland/we-have-had-no-sleep-whatsoever-cork-covid-party-house-case-hears-from-residents-1010476.html

Yup, the landlord can do very little. I sympathise with the residents but their time might be better spent soundproofing their homes or going vigilante against the students, or petitioning their TDs

fran38

I don't want to start a thread when this one may suit the question. Does this covid legislation prevent me from evicting a tenant on theft of property grounds?

perfectkama

if you cannot evict on any grounds is that the nationalization of privately owned rented property?
tomorrow i could pay a deposit and 1 months rent show bank statement and other documents refs etc don't pay anything after owner can do nothing.

TSQ

TSQ wrote: »

So does the eviction ban extend to these tenants? Yet it is the landlord being taken to court, not the anti-social tenants, snd the PRTB nowhere to be seen. https://www.irishexaminer.com/breakingnews/ireland/we-have-had-no-sleep-whatsoever-cork-covid-party-house-case-hears-from-residents-1010476.html

I’ve been following this story and I simply cannot understand what the LL is expected to do, even leaving the covid restrictions aside our draconian anti-LL laws would make it a very difficult and long process for the LL.

I have massive sympathy for the residents and it should be possible to just kick out these idiots onto the street immediately, physically if necessary but try that and the LL would be in more trouble than he is now.

Claw Hammer

fran38 wrote: »

I don't want to start a thread when this one may suit the question. Does this covid legislation prevent me from evicting a tenant on theft of property grounds?

You can't evict on any grounds at the moment.
See this however.
https://www.independent.ie/world-news/coronavirus/rent-freeze-blow-extension-of-emergency-measures-and-ban-on-evictions-may-not-be-legally-possible-government-warned-39358708.html

Claw Hammer

Ramon Some Permit wrote: »

I’ve been following this story and I simply cannot understand what the LL is expected to do, even leaving the covid restrictions aside our draconian anti-LL laws would make it a very difficult and long process for the LL.

I have massive sympathy for the residents and it should be possible to just kick out these idiots onto the street immediately, physically if necessary but try that and the LL would be in more trouble than he is now.

The landlord can sere notices on the tenants. He can call the guards to go to the property and identify the non tenants

beauf

Ramon Some Permit wrote: »

I’ve been following this story and I simply cannot understand what the LL is expected to do,....

Suck it up and go broke. No one cares. Basically.

People can't join the dots between this is and the housing/rental crisis.

Crimsonred

Yellow_Fern wrote: »

Yup, the landlord can do very little. I sympathise with the residents but their time might be better spent soundproofing their homes or going vigilante against the students, or petitioning their TDs

Soundproofing doesn't work when you have 20+ young drunk people roaring their heads off next door and playing loud music.

These are short term lets btw, the Landlords in this area, which is near UCC, saw an opportunity to fill up their houses for the summer with students whose foreign travel plans have been thwarted by covid-19.

I doubt that many of these tenancies are registered with the RTB, this is something the residents should have looked into of course. Some of these houses, which would have originally been family homes, have upto 10 tenants staying in them, the fact that such a situation is allowed to continue shows that the RTB is not fit for purpose.

beauf

Crimsonred wrote: »

Soundproofing doesn't work when you have 20+ young drunk people roaring their heads off next door and playing loud music.

These are short term lets btw, the Landlords in this area, which is near UCC, saw an opportunity to fill up their houses for the summer with students whose foreign travel plans have been thwarted by covid-19.

I doubt that many of these tenancies are registered with the RTB, this is something the residents should have looked into of course. Some of these houses, which would have originally been family homes, have upto 10 tenants staying in them, the fact that such a situation is allowed to continue shows that the RTB is not fit for purpose.

Doesn't all this fall under the local authority not the RTB?

Topgear on Dave

Whether the LL has registered these tenants or not with the RTB doesn't really matter, the tenants still have their rights. The landlord cant be calling round unannounced or entering the property without their permission.

I lived in the Wilton Road a few (*cough*) years ago in a house with about ten others. Back then the landlord genuinely could come round and tell you to cop on and shut up, but those days seem to be behind us.

Topgear on Dave

beauf wrote: »

Doesn't all this fall under the local authority not the RTB?

Would they give a damn?

Hairy Japanese BASTARDS!

If the government want to criminalise the eviction of non-paying tenants, then why don't they foot the bill for non-payers?

Money should be stopped from wages or single mother's allowance etc.

To the people who suggested recouping moneys through the courts? LOL. As if Jacinta the town bike could or would cooperate and even if she did there's no chance her single mothers allowance would be stopped.

Crimsonred

beauf wrote: »

Doesn't all this fall under the local authority not the RTB?

I would have thought a third party complaint against the landlord to the RTB was the way to go.

Crimsonred

Topgear on Dave wrote: »

Whether the LL has registered these tenants or not with the RTB doesn't really matter, the tenants still have their rights. The landlord cant be calling round unannounced or entering the property without their permission.

I lived in the Wilton Road a few (*cough*) years ago in a house with about ten others. Back then the landlord genuinely could come round and tell you to cop on and shut up, but those days seem to be behind us.

Local residents have the right to the peaceful occupation of their homes, and to a night's sleep, no?

Topgear on Dave

They do but the landlord has rented out a house and that house is now the tenants home, landlords cannot go throwing their weight around anymore.

The local residents need to talk to the tenants.

Yellow_Fern

Crimsonred wrote: »

Local residents have the right to the peaceful occupation of their homes, and to a night's sleep, no?

Local residents are morally entitled to a peaceful nights sleep, but there is no legal right. There should be an enforcement mechanism but sadly none

Graham

From the RTB

A landlord owes to each person who could be affected (for example by antisocial behaviour) a duty to enforce the responsibilities of the tenant(s) in the tenancy. In cases where a landlord fails to enforce a tenant’s responsibilites, a person directly and adversely affected may take a case against the landlord through the Residential Tenancies Board (RTB).

Landlords can also be ordered to make substantial payments to affected parties for the distress caused by their failure to enforce their tenants’ responsibilities.

beauf

Graham wrote: »

From the RTB

Yes but the problem is the landlord has no power to enforce it. It's a catch 22.

beauf

Crimsonred wrote: »

I would have thought a third party complaint against the landlord to the RTB was the way to go.

He was talking about over crowding. That's not RTB that local authority remit afaik.

PSOC_2020

Graham wrote:

From the RTB

I didn't see the RTB anywhere involved in the recent case of the Cork Covid-party Landlord. Had to be resolved by the Local Authority. No teeth.

Graham

beauf wrote: »

Yes but the problem is the landlord has no power to enforce it. It's a catch 22.

Claw Hammer wrote: »

You can't evict on any grounds at the moment.

other than:

in limited and exceptional circumstances where a breach of tenant obligations takes place and an RTB Determination Order is sourced through the dispute resolution process

(RTB)

Graham

PSOC_2020 wrote: »

I didn't see the RTB anywhere involved in the recent case of the Cork Covid-party Landlord. Had to be resolved by the Local Authority. No teeth.

It is being reported that no complaint has been made to the RTB yet.

They are preparing a complaint for the Residential Tenancies Board -RTB

Examiner - June 15

Pkiernan

Graham wrote: »

other than:



(RTB)

Except the RTB isn't operational the moment.

Graham

Pkiernan wrote: »

Except the RTB isn't operational the moment.

I'm seeing determination orders dated end of June being published in the last week.

beauf

Pkiernan wrote: »

Except the RTB isn't operational the moment.

I know it was closed and probably meetings are not happening. Once they open there will be a huge backlog. Are they not back working? I can find nothing on their website.

Probably takes about 3-4 months to get a hearing before this.