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Winter 21/22 Eviction Ban (was: And just like that, FFFG lose 298000 votes))



  • Registered Users Posts: 377 ✭✭Yakov P. Golyadkin

    Who do you think is less "communist" that these hard pressed landlords can vote for next time out?

  • Registered Users Posts: 8,176 ✭✭✭Gregor Samsa

    Here's an idea, ban supermarkets from charging for food during the crisis.

    Force hotels to house people for free during the crisis.

    Your analogy might make sense if people couldn't be evicted for the non-payment of rent, but:

    "There will be exceptions to the ban, including non-payment of rent, antisocial behaviour or using the property for purposes other than what it is let out for."

  • Registered Users Posts: 1,141 ✭✭✭meijin

    well, there are more tenants than LLs... so... democracy ;-)

  • Moderators, Society & Culture Moderators Posts: 9,576 Mod ✭✭✭✭Manach

    This legislation does seem to thread on the property holding rights in the constitution. It would be interesting to see how a Judge would rule on it.

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  • Registered Users Posts: 304 ✭✭DFB-D

    I think it means any notice with an effect date within the period is effected.

    If I am being cynical, I think they intend to reduce supply of 2nd hand housing stock to prevent a collapse of house prices, well at least until FF can offload their own personal stock.

  • Registered Users Posts: 6,538 ✭✭✭MrMusician18

    It could only be seen as constitutional as a one off for the common good but even that is a stretch. A challenge has a decent chance of success.

    I'm looking at occupied rentals that are for sale and there is literally no point in going near them now since notices to quit are now effectively suspended.

  • Registered Users Posts: 9,381 ✭✭✭Yurt2

    A challenge would actually have an extremely limited chance of success. First there will have to be a party with a discreet set of circumstances to make a coherent case to even establish locus standi to get in front of the SC.

    What's the case? "I don't like this law" (?)

    We had the same rhetoric around the AirBnB restrictions and RPZs, people with a thin understanding of constitutional law crying communism, and yet the laws hold.

  • Registered Users Posts: 696 ✭✭✭drogon.

    Just to add SF and Social Democrats have been suggesting this for months now.

  • Registered Users Posts: 584 ✭✭✭tvjunki

    You wonder if Rtb had tipped the Government off that the landlords that gave notice to leave earlier in the year before the yearly registration and indefinite tenancies were coming to end in the next month or so.

    What will happen in April? Another extension?. Brings it closer were properties will be renting indefinitely.

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  • Registered Users Posts: 2,139 ✭✭✭Thinkingaboutit

    De-facto the ban will cover that as non payers and wreckers (tho that's normally from property managers or careless landlords not checking references or exercising due diligence) are hard enough to remove anyhow. It will be cited at any official forum concerning eviction where the poor dote needs a warmer spot for drug taking and parties.

  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 64,270 Mod ✭✭✭✭L1011

    There are multiple posts crossing the line of acceptability here, including the OP (ranting about communism). If this thread doesn't serve a purpose for discussing the ban, it will be closed.

  • Registered Users Posts: 1,358 ✭✭✭AlanG

    I would say a challenge to the immediate nature of the ban would succeed, if someone were willing to fund it. Changing the law retrospectively is against one of the pillars of our legal system so legally served notices given now are likely to be binding.

  • Registered Users Posts: 17,682 ✭✭✭✭Thargor

    Anyone know if this applies to licensees when the landlord is living in the property?

  • Registered Users Posts: 304 ✭✭DFB-D

  • Registered Users Posts: 516 ✭✭✭MakersMark

    No one unfortunately. I'll be staying at home next election cycle.

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  • Registered Users Posts: 1,824 ✭✭✭Markus Antonius

  • Registered Users Posts: 9,381 ✭✭✭Yurt2

    Retroactive criminalisation of conduct is impermissable. This has nothing to do with criminal conduct.

  • Registered Users Posts: 9,381 ✭✭✭Yurt2

    You will be aware that the moritorium has carve outs for proceeding with evictions for non payment of rent.

  • Registered Users Posts: 1,609 ✭✭✭Tonesjones

    The central bank have increased the value of your properties though. Or at least they will tomorrow when they make the lending rate change.

  • Registered Users Posts: 28 somewhere45

    Well that is us f*cked". Cant afford the mortgage payments any longer and rent not covering the mortgage. Notice was given 3 months ago and another 30 or so days to go. Sale agreed but pretty sure the buyer will pull out now.

    Calling bank tomorrow and telling them to get rekt

  • Registered Users Posts: 304 ✭✭DFB-D

    That's not good, and the market may have fallen by the time this ends.

    But get legal advice, I don't know if the government can get this through by the 1st November, if referred to the Supreme Court, I'd imagine this could be delayed. I haven't even seen it passing the Dail yet, which is I assume what the article meant!

  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 64,270 Mod ✭✭✭✭L1011

    The chances of it being referred to the SC by the President are near nonexistent. It's generally seen as better to leave legislation open to challenge in the future rather than possibly insulate it from it

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  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden

    Pretty sure the RTB will ahve been told that they dont have to hurry on overholding no matter what the reason for the termination, including non payment of rent.