Overholding -how long to get house back

superstar100

Hi all

I have issued a notice of termination , tenant due to leave soon . However I have a feeling that they will overhold . They have been very difficult tenants , lots of anti social complaints from neighbours and a lot of damage has been done to the house . I havent been allowed access to inspect the house for months .I’m just going to sell up I can’t face renting anymore .

RTB haven’t been too helpful re lack of access to inspect the house so if the tenant overholds I’m wondering how long will it take from termination date following all the steps and processes with rtb to get my house back ?

i have been a very good landlord for nearly 20 years , this is just a nightmare now . Such a shame good landlords leaving the market due to bad tenants . There just seems to be no help for landlords who do everything right and by the book .

dennyk

Could be over a year in the worst case (especially if you've made any critical mistakes in the process of giving notice that would render your notice invalid), but most likely several months at least even if things go your way, unless the tenant decides on their own initiative to vacate sooner. Here's hoping the tenant actually leaves on time as agreed, but unfortunately with the way the market is there's a very good chance they'll have nowhere else to go, and it's unlikely they'll vacate if it means having to live on the street.

DubCount

If you've got a tenant who knows how to play the system and is looking to dig in to the very end, you could be looking at 2 years. RTB hearings can be deferred for various spurious reasons, and decisions appealed etc. even when its an open and shut case. The court system, when you eventually get there, is also slow and puts in additional notice periods etc.

Get a competent solicitor to run the process for you. Any slip up could set you back months. It will also lessen the stress of jumping all the hurdles along the way.

The system is there to protect the tenant, not to provide any fairness. Having to go through the RTB merry-go-round to obtain a meaningless ruling that cant be enforced, and then start all over again in the courts is ridiculous, but that's the system we have. In this kind of case, Ireland supports the bad guys.

whippet

I had a similar situation a number of years ago. After 6 months the tenants disappeared overnight - turns out they needed to scarper due to run ins with the local guards and a more nomadic way of life suited them better.

House was left in bits, garden destroyed, 6 months of no rent, furniture wrecked ... I cleared it all out and sold up. I was told by my solicitor initially that I'd probably have to wait about 18 months at a minimum to get them out

spaceHopper

Did you give them notice due to anti social behavior or because you are selling.

Make sure you used the correct RTB paperwork and you have to also sent the notice to the RTB too, the clock starts when both have received it. They have 28 days to open a case with the RTB, if they don't after that don't allow one to be opened, fight it.

If you go the I'm selling route then they have longer notice to leave and you are looking at a possible recession and drop in property value. I'd want them out as soon as possible. Use a solicitor it's money well spent.

If you've gone the selling route and they stop paying get your solicitor to issue 14 days notice of arrears and then 28 days to leave for nonpayment then go straight to the RTB and start getting them out. Otherwise it's all the notice they have + dealing with the RTB once they overhold. I'd say expect two years.

superstar100

Thanks for all the responses so far . Yep notice is due to selling house and I gave more time on top of time required just to be sure all ok . Long process ahead of me so ! Thanks for all the responses

superstar100

Could anyone recommend a good solicitor to help me ? Thanks again

MakersMark

My tenants currently overholding for

4 months.

RTB dispute open.

RTB now indicates it takes 21 days to respond to emails.

Online chats - 2 hours on hold to get a "someone will email you soon" reply.