Tenants refusing to leave even though we are homeless..HELP

StrawbsM

https://www.boards.ie/discussion/comment/119260333#Comment_119260333

I think you can get fined “up to” 20k but I suppose a fine would be relative to personal circumstances. I’d chance it.

whatchagonnado

https://www.boards.ie/discussion/comment/119260449#Comment_119260449

Not fortunate enough to be able to finance a second property, unlike many of you. Must be an awful place to be, having multiple assets valued in the hundreds of thousands. I'll say a prayer for you lot.

Deeec

https://www.boards.ie/discussion/comment/119260468#Comment_119260468

You dont seem to realise that being a landlord is like any other business - they dont run a charity. Landlords provide a service ( housing). They also run a huge risk of not being paid rent at all ( very little they can do about this being honest) and their property being wrecked. They also have to maintain and insure the property. Most landlords make very little profit at all. They also may not make a profit at all when they sell the property. You sound very bitter and naive.

Bass Reeves

https://www.boards.ie/discussion/comment/119260333#Comment_119260333

In this case just like it would be pointless pursuing a tenant for compensation to get an order for 5-10k and then finding it hard to collect it would seem to be similar for the owner here.

Looking at this case and not advising anything the tenant would be the n an impossible situation. I imagine that this is a small rural or urban area where nearly everybody knows everybody.

If the owner arrived with a few mutal friends at 6am on a Saturday or Sunday morning of both of them, encouraged them to leave and moved straight in what would be the outcome.

Would the tenant an ex friend take a case to the RTB.

Even if they took and won the case what would be the outcome

If the owner then appealed to the circuit/district court would the tenant continue to pursue

All this publicity at a local level would put moral pressures on this ex friend and there family's that what they were doing was wrong.

If they continued there would probably be a certain amount of people that would make them persona non gratia locally.

As well they would struggle to get a house locally.

I cannot see in the owner situation ( they cannot afford to rent) where an order would be enforceable.

Now if the owner's were well off then it might be a bit different but locals would still not be happy with the tenants

RoboRat

From my own personal experience, just go and sort it out yourself and forget about the right way to do it - I was in a situation with a bad tenant and that's what I done. Like yourself, I wasn't a landlord by choice and was renting myself, but I couldn't sell my house due to the loss I would make.

There may be consequences but you have to look after your family. I'm assuming you gave them a reasonable notice period? You should start noting everything from the time you originally contacted them. If it ends up in court and they have stopped paying rent and you were reasonable, then it will only stand in your favour. Make sure you note any damage when you get in, again, this will stand in your favour as long as you have photo's from before they moved in, or you can prove any damage they done.

You need to display that you are the reasonable one and that they are not.

Ginger83

https://www.boards.ie/discussion/comment/119260459#Comment_119260459

Can you point out where I said I was a landlord?

I can see the auctioneers point of view. You are very foolish if you can't see why landlords are leaving in droves. A tenant could pay a deposit and first month rent for a property and live rent free for years under the eviction process is exhausted taking years. If a landlord serves notice and there is a full stop out of place the tenant is rewarded with the notice period again whether rent is being paid or not. Can you see anything wrong here?

RoboRat

From experience, I would agree with the auctioneer. During my short stint of being a landlord I had 3 tenants, one was reasonable, 1 was bad, 1 was beyond terrible. I made no money whatsoever, in fact, it cost me a lot of money and as soon as I was able to sell and cover my mortgage, I got out. I had intended on using the house as my pension, but it just wasn't worth it.

The irony was that I was a very fair and decent landlord, I charged a very fair rate and when anything needed replacing, I was on it. That's what happens when you deal with small landlord - they can understand your position and be sympathetic and flexible. Unfortunately, these people are exiting, or have exited the market now.

AnRothar

https://www.boards.ie/discussion/comment/119258738#Comment_119258738

High Court: Landlords not entitled to evict tenant until statutory appeal has been determined | Irish Legal News

From 8 Sept Last year.

204 Act covers it.

mrsinfo

https://www.boards.ie/discussion/comment/119259632#Comment_119259632

just looking out for yourself..... are you for real.... we are homeless i think you mean the tenant is looking after them self's

StrawbsM

https://www.boards.ie/discussion/comment/119260665#Comment_119260665

Did he get evicted in the end? It doesn’t say on that link.

Ginger83

https://www.boards.ie/discussion/comment/119260665#Comment_119260665

What would you say Mr Carroll's chances are of renting in the future?

mrsinfo

there are houses out there guys they are on daft.ie ive seen a few but ive no money as he is not paying the rent to get into one..... then id have to sign up for 1 year and the do over someone else because i wont be saying for the year. not as easy as you think!

Ive done it properly given the right eviction notice, got it off the rtb web site. He is also not allowing us access the property keeps saying no to visits.

I have a solicitor involved for non payment of rent . fingers crossed something happens this week or else me and the kids have to try go into a homeless shelter...... imagine im homeless and the law is on the tenants side.... thats ireland for ya

StrawbsM

Best of luck, OP. I’m sure your solicitor has advised the tenant of this…..

“If the landlord needs to enter the property (for example for an inspection or to carry out repair) the tenant's consent is required to access the dwelling, and the landlord should give them reasonable notice. 

However, if the tenant continually refuses access to the property, they are in breach of their responsibilities. A tenant is entitled to reasonable time to rectify the breach of responsibilities.

A landlord should first write to the tenant, outlining the breach of their responsibility (in this case, not allowing an inspection or a repair to be carried out), and request a mutually agreeable time to carry out repairs or inspections. If the issue persists after the tenant has received the letter, a 28 day notice of termination for breach of tenant responsibilities can be issued.”

mrsinfo

https://www.boards.ie/discussion/comment/119260816#Comment_119260816

done all this he just sends me laughing emojis

StrawbsM

https://www.boards.ie/discussion/comment/119260819#Comment_119260819

Hold in there. Your head is melted now but it’s temporary. The tables will turn and one day soon, you’ll have your feet up in front of the fire while laughing emoji bollox will only have karma for company.

rightmove

https://www.boards.ie/discussion/comment/119260468#Comment_119260468

Alot of small LL own one property and rent that out whilst renting elswhere themselves. You need a drink from the cop on bottle.

Ray Palmer

https://www.boards.ie/discussion/comment/119260819#Comment_119260819

Public shaming is your quickest route but continue legally. Do you share mutual friends, do they have jobs?

mrsinfo

https://www.boards.ie/discussion/comment/119260874#Comment_119260874

lol i really hope so

whatchagonnado

https://www.boards.ie/discussion/comment/119260897#Comment_119260897

And?

Claw Hammer

If there is dogshit in the garden you can get him out on anti-social behaviour. Are you sure your agreement with him wasn't a caretakers agreement?

Mrs OBumble

https://www.boards.ie/discussion/comment/119261255#Comment_119261255

Yes.

I've been wondering about that.

If it goes to the RTB and they find you have been renting him a substandard property, they may fine you for that.

rightmove

https://www.boards.ie/discussion/comment/119261218#Comment_119261218

think beyond your question mark

Girl Geraldine

Surely you being homeless is an emergency situation and you would be entitled to re-occupation of the house you own, provided that you have given the correct and legal notice.

I think if I was in that situation I would, after the elapse of all the notice periods, march in and re-occupy the the house and tell them they are welcome to stay in the house as lodgers. They won't be long in getting sick of you walking around in your underpants.

Even if it came to them taking an RTB case against you, well so what? It takes years to get cases heard and sure even if there is a judgement against you eventually, well so what? They can't MAKE you pay. A large portion of judgements awarded in court never see a penny of it paid. A cuter way of doing it would be to pay by instalment in small amounts for the first few months until things settle, and then start getting unreliable with the repayments, then start again if there is trouble, and then stop again. Basically play them at their own game - string the payments out so much that it just about keeps you out of court and that it is more hassle than it is worth for them to chase you for.

I'm not even sure if eviction is a criminal or just a civil offence. Even if it is a criminal offence, sure so what? It's only a conviction and you'll get the probation act or a suspended sentence at absolute worst, and sure what is a conviction, it counts for nothing. There are people walking around with hundreds of convictions and not a bother known to them.

This is Ireland - whoever is the most brazen and has the thickest of cute hoor necks wins!

Dempo1

If there's no Tenancy Arrangement or RTB registration, I'd be arriving, Changing locks, have utilities switched off, moving in and calling the Gardai to remove trespassers. I know easy to say and perhaps do but my god this is astonishing. Id literally camp inside the home and invite the most obnoxious people I know round for Breakfast, Lunch and Dinner.

I'm being diplomatic and not permitted to say what I'd really like to do and it wouldn't involve pleasantries.

Absolutely outrageous situation 😡

Ap2020

https://www.boards.ie/discussion/comment/119260504#Comment_119260504

The outcome would be the RTB taking an ex-parte application for an interim injunction at a special sitting of the circuit court and the Gardaí enforcing that injunction. That would be followed by a full hearing where the court would order you to allow the tenants to continue their peaceful occupation of the home until the conclusion of any dispute before the RTB.

Illegal eviction don't necessarily result in (as some people here think) the RTB waiting around to fine you at the end of a process. They can and have put the tenants back in within a matter of days.

FAILSAFE 00

Whatever else you decide to do you need to register the tenancy and right now. By July 3rd the RTB will change their late fee structure.

You need to register the tenancy and back date it to when the tenancy began. I think its either €90 or €120.

At least have that done and its not over your head. Take a breath when you have that completed.

Your circumstances would suggest you'd be entitled to free legal aid. I am no expert but I'd look into this. As many have said this could be a marathon but just get started, one step at a time.

*Once the tenancy is registered you'd want to research performing a legal eviction on the basis of non payment of rent. All on the RTB website

TaurenDruid

https://www.boards.ie/discussion/comment/119258632#Comment_119258632

The reason most of it is in favour of the tenant is situations where landlords rent out premises that are unfit, unsafe, or in a state "not allowable for renting", then evict people, often with insufficient notice. Making the tenants homeless, because have you seen the housing and rental markets at the moment?

But absolutely, the OP needs to go to a solicitor rather than boards.

"This is Ireland - whoever is the most brazen and has the thickest of cute hoor necks wins!"

This.

And bear in mind that such vermin are supported by the law, by both the current and the probable next government, by most of the opposition, by the RTB, by the taxpayer-funded housing "charities" and by the countless herds of homelessness "activists"! Makes one want to vomit.

LunaLoo

Op could you be a great landlord and help them find a new place to move to.

Get in touch with another landlord with nicer property to rent and see if you can make a deal

Offer your tenants a great reference and pay their first month rent.

If they agree to move it would be in their best interests as they are going to have to leave one way or another

Now if they turned up to move and landlord had no recollection of such an agreement it would hardly be your fault.

They've moved out, you have your house back and if they contact you again get the guards involved

whatchagonnado

https://www.boards.ie/discussion/comment/119261514#Comment_119261514

I have. AND, my heart still bleeds.