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

Flinty997

https://www.boards.ie/discussion/comment/119271810#Comment_119271810

It would be fine 99/100 times. But that 1 time...

Masala

https://www.boards.ie/discussion/comment/119271810#Comment_119271810

and get a relative (parent / sibling) to check it a few times a week. Leave a night light on in various rooms.... invest in some of those lights controlled by your phone !!

And put a car in the drive.......

An Ri rua

https://www.boards.ie/discussion/comment/119258826#Comment_119258826

Every landlord owns their house. Stop posting drivel.

https://www.boards.ie/discussion/comment/119271810#Comment_119271810

Good call. (Scum are all around - as this thread illustrates).

TaurenDruid

https://www.boards.ie/discussion/comment/119272619#Comment_119272619

And a chainlink fence. With razorwire on top. Possibly a machinegun nest.

redarmyblues

Lots of talk about the RTB who it seems have left the lights on but left the building as their website has ceased to process tenancy registrations, the webchat is not manned, the phones are not answered and emails are not replied to.

Ray Palmer

https://www.boards.ie/discussion/comment/119288910#Comment_119288910

I having trouble with a tenant who insists I have not registered them but it is actually the RTB that aren't keeping things up to date. It took 4 months to pay them and they sent me a letter demanding payment after I did.

TheCrow1900

https://www.boards.ie/discussion/comment/119292079#Comment_119292079

The RTB is no longer fit for purpose. It's too easy for tenants to abuse the process without any come back. If a tenant stops paying rent the landlord has to send them and the RTB a formal 28 day notice about the arrears. Most landlords will not do that straight away as tenant will promise rent will be there next week etc.

If they fail to engage then it's a 28 day termination notice. So now we are probably into three months without rent. When you look at the RTB site you see wording like it's prudent to give extra notice.

The tenant can still appeal on a technicality even if everything is in order and this will further lengthen the termination process. Now a landlord is probably into the 4 or 5th month without rent.

Then you have the court appeal process with free legal aid with Threshold helping.

So a LL will definitely be with out rent for 6+ months and probably a year. This is aside from potential damage to the property when it's is repossessed.

kirk.

https://www.boards.ie/discussion/comment/119258172#Comment_119258172

Pretty sure that won't work with the gardai using them as leverage

mrsinfo

https://www.boards.ie/discussion/comment/119292403#Comment_119292403

garda wont get involved as it is civil matter

mrsinfo

The RTB website ..... under Disclaimer says following:

All information provided on this Website is for information purposes only and does not constitute or comprise legal advice on any matter including, without limitation, the Residential Tenancies Act 2004 (as amended) (“RTA”). 

so everyone taking the web site as gospel is a fool .... use a solicitor!

TaurenDruid

https://www.boards.ie/discussion/comment/119295452#Comment_119295452

You'll find exactly the same kind of disclaimer on every NGO and government website.

mcsean2163

https://www.boards.ie/discussion/comment/119295452#Comment_119295452

Hope you manage to get your home back.

I was in a bad financial situation once where my employer was going bust but kept insisting they would pay my wages back. Stupidly, I kept working in good faith and the unpaid wages became quite substantial. I went through the work relations commission and six years later still have received not a penny.

My former employer has a nice Mercedes... apartment abroad etc. Ireland!

For me, it's very hard to not get angry when your back is against the wall due to injustice, but maybe keeping a cool head and sitting down with your husband is the best move. I'd guess your husband is very unhappy with the situation... maybe take a deep breath and try and talk through situations with a little emotion as possible together.

Good luck!

Thinkingaboutit

https://www.boards.ie/discussion/comment/119267838#Comment_119267838

You are patently a troll posing such a nonsense question and you again mis-use the term rent-seeking. It means moving around wealth not creating it. The example with the toilet is strange and makes no sense. If someone buys it and even works on it themselves, the materials used creates wealth. A charity boss or NGO or a certain political party might be rent seeking (although laundered diesel breaks engines and means more work for the motor trade), and their tax free landlordism is far more than their many properties referenced in another hypocrite's speech, and an example could be given and multiplied if needed. 'Rent seeking' has little or nothing to do with renting of houses, except sharing the word 'rent' in common. Houses built are bought by owner occupiers, sometimes by landlords for renting out and all parties concerned will employ quantity surveyors, solicitors, increasingly local authorities, after giving employment to construction labourers, scaffolders, bricklayers, plasterers, plumbers. 'Assuming no loans?' Unlike a crew who get money from sources not available to those who work an honest living, any income free of borrowings or tax (fewer deductibles than other businesses) is after years of work.

How are the great many lower to middling income new households to be housed? The state constructs a fraction (roughly one third) of the local authority houses built in the alleged bad old days. And was a time when the country had far fewer and was not intent on housing half of Nigeria or Brazil or taking 10 times as many Ukrainians as the UK. Recent governments got rid of bed sits, which were very imperfect but it did provide a home to many. The Duke of Westminster (Grosvenor Estates), German insurers and various property funds operating here free of most taxes and with near impunity are concerned only with housing higher paid workers and seem to have the pick of sites in urban and suburban areas. If you think a certain crew of Nordie hypocrites will clamp on a big potential source of donations, ie the REITs, I've a bridge to sell you. Taxing the rich for that will not mean Larry Goodman or other well connected people funding a life of idleness for a type who play PS5 24/7, or who hang around polling stations intimidating voters. It'll just mean the 40% rate for the higher tax band will either increase as a percentage to 57% again, or the bands will be widened along with likelier other made up charges or deductions will make more misery for those who do honest work and pay tax.

At least do one thing and stop mis-using the word rent seeking. You are not using it correctly. There are many online resources that explain the correct use of the term.

As to OP, if properly described, people should look after their own business properly. Paperwork including leases have to done correctly, and that isn't hard, what with downloadable Irish templates which can be edited as needed.

Even pre-COVID, the RTB site was unstable as anything. One mistake, pages of work are lost. The reason there, and with other public and civil service websites can be surmise. The RTB make live harder for those who follow the rules. Honestly they should put it out to tender or all its senior managers need reassignment.

The usual.

PalLimerick

https://www.boards.ie/discussion/comment/119260516#Comment_119260516

Lol display they are reasonable by taken the law in their own hands. Be reasonable and stop offering **** advice.

PalLimerick

https://www.boards.ie/discussion/comment/119262270#Comment_119262270

Great idea if you were renting to a 2 year old.

mrsinfo

Guys im at my wits end now, these people in my house are taking the pi"" out of me, i actually have no where to stay, my weekly money is gone in 3 days and my kids are due back to school( which i am no where near because of these people)...... how do you get them out of my house, ive not received money since april from them and they ignore solicitor letters. i need someone to help!

L1011

https://www.boards.ie/discussion/comment/119445766#Comment_119445766

There are only two ways to get them out legally

1: Follow the RTB procedure properly. Have you started this

2: Pay them to leave. Which I don't think you have the means to do

Donald Trump

https://www.boards.ie/discussion/comment/119271810#Comment_119271810

You'd want to check that your insurance will cover you. The insurance company will still gladly accept your money, but if someone happens, you might not be covered under a standard policy

Deeec

https://www.boards.ie/discussion/comment/119445766#Comment_119445766

Im sorry to hear that your situation has not improved. All you realistically can do ( legally) is raise the issue with the RTB and keep in touch with your solicitor.

I think tenants overholding and not paying rent should be viewed as criminals and have to face legal consequences for their behaviour. Its the only way to stop this happening. Instead what we have is a law completely on the tenants side whether they have behaved bad or good. Its madness. I can see why people leave houses empty.

Mrs OBumble

If you are running out of money by mid week, another option is to approach Vincent de Paul: they may have access to local resources to help you cope.

They likely won't solve the house problem but can help with food.

(Not religious? Don't let it worry ya - they won't care.)

Highlight this! Ring Joe Duffy and get on air...... seriously! Too many people are suffering with situations like this. The RTB don't care, the Government doesn't care. EVERYTHING is loaded against the owners/landlords...........and EVERYTHING is on the side of tenants. Now through no fault of your own, you and your family face becoming homeless even though you own a home. Its a joke.

serox_21

An idea not so popular in here:

Move yourself and your family in the house and throw them out in the street.

Let them go to city council and find an emergency accommodation.

With your current situation, not being able to find or afford a rented place until they move out, I don't think there will be a judge to to force you and your family with kids(starting school) out of your house to move them back in.

Either your family or theirs is going to be homeless, why not be them.

Why have a court case for 2 years to get them out(no rent and no place to stay) when the worst case is go to court for 3-5years for illegal eviction sitting in your house. You could win or pay a penalty(possible in monthly installments).

2 years of court cases to remove them from your property could cost you 20k+ euros while in worst case you pay a penalty of 3-5K for illegal eviction.

Dav010

https://www.boards.ie/discussion/comment/119449139#Comment_119449139

You don’t understand the function of the RTB, do you? A quick google for awards made against LLs who illegally evicted their tenants, or, spending a bit of time reading through some of the disputes listed on the RTB should inform you about how wrong you are. There was a recent award of €10k to a tenant because the LL refused HAP.

serox_21

RTB cannot enforce their decisions. A court will decide what will be the consequences. Do you think a judge will order and enforce for his family to be thrown out in the street from their home.

I think overall any costs for a court case + penalty will be lower than waiting 2 years to settle this.

Maybe the existing people in the house will not go to court to follow up with illegal eviction.

I might not have the right estimation of costs, but definitely will be cheaper that waiting 2 years to get your home back.

Dav010

https://www.boards.ie/discussion/comment/119449296#Comment_119449296

Are you asking me will a Judge enforce a legally binding order?

The expense, and risk is all on the LLs side unfortunately. The cost of bringing a dispute to the RTB is minimal and if the op acts the way you advise, then the tenant will win. The op has an asset therefore the risk of a judgement being awarded against her should be enough to discount acting illegally.

Its a horrible situation, and another reason why LLs are heading for the exit. But the unfairness of it will not help the op if she has to contend with a massive fine on top of everything else. Someone else may be able to advise if the tenant would be entitled to reoccupy the property if the RTB finds that they were evicted illegally.

TaurenDruid

https://www.boards.ie/discussion/comment/119445766#Comment_119445766

So you've got a solicitor. Good. Follow their advice, rather than some of the advice from randomers on here, which will see you ending up with a large fine and no guarantee of being back in your house.

Claw Hammer

https://www.boards.ie/discussion/comment/119449296#Comment_119449296

The evicted tenants could be in court the next day and get an injunction. https://www.irishmirror.ie/news/irish-news/cork-mum-returned-home-school-12464458. That would mean the o/p would still be out of the house and have a major legal bill as well.

You should stop advising such a course of action.

serox_21

Was not an advice, just an idea.

I wouldn't advice anyone to follow what I've wrote above. Not with the amount of pro tenant laws that are currently in place.

Ignore my initial writing, but with delinquent tenants who have no honor and current snail pace of RTB/courts with this kind of cases ideas come up in your mind.

P.S. The Cork case above is an illegal eviction with different intentions and background.

serox_21

OP, does you tenants have kids? Not easy to get them out if they have.