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

MakersMark

Another communist property interference bill.

https://www.thejournal.ie/tanaiste-says-legal-challenges-to-eviction-ban-would-be-unsuccessful-5896020-Oct2022/

If the government is going to ban evictions then it must compensate landlords.

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

Force hotels to house people for free during the crisis.

Any of the 298000 small landlords that vote for Fffg next time are morons.

Yakov P. Golyadkin

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

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."

meijin

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

tvjunki

Some tenants will see it differently. They may stop paying rent as only reading the ‘ban on evictions’. Rtb will be busy with notices the next few weeks.

Many landlords will definitely give notice to leave in the next few weeks. Seemly this ban will start 1 st November.

BUT then you read

O’Brien also said that notices to quit issued before the legislation is implemented – which is expected to be on 1 November – will not take effect until the moratorium ends.

This implies that it starts from today or I am reading it wrong?

The Government have interfered so much they are just making the situation worse.

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.

DFB-D

https://www.boards.ie/discussion/comment/119761098#Comment_119761098

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.

MrMusician18

https://www.boards.ie/discussion/comment/119761112#Comment_119761112

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.

Yurt2

https://www.boards.ie/discussion/comment/119761295#Comment_119761295

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.

drogon.

https://www.boards.ie/discussion/2058268018/and-just-like-that-fffg-lose-298000-votes

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

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.

Thinkingaboutit

https://www.boards.ie/discussion/comment/119761036#Comment_119761036

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.

TenMoreMinutes

I have a Notice of Termination which was served to my tenant in November 2021 for immediate family needs, tenant appealed to the RTB, we won on the adjudication, he then appealed again and we attended a full tribunal hearing, and we are confident the tribunal will side with us. Hoping to hear this week, but if this legislation affects us the tenant gets to stay a further 4 months, despite us doing everything by the book and giving above and beyond what the required notice was, and proving it twice to the RTB. Being a landlord in this country is far too dangerous, it's no wonder private landlords are leaving the market or exclusively doing short term lets.

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.

AlanG

https://www.boards.ie/discussion/comment/119761098#Comment_119761098

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.

Tonesjones

https://www.boards.ie/discussion/comment/119761943#Comment_119761943

Absolutely insane. One would swear that ownership of the property is disputed !

Thargor

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

DFB-D

https://www.boards.ie/discussion/comment/119762553#Comment_119762553

Probably not...

MakersMark

https://www.boards.ie/discussion/comment/119761031#Comment_119761031

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

MakersMark

https://www.boards.ie/discussion/comment/119761036#Comment_119761036

What about my tenants who have been illegally overholding since May?

Ate they now rewarded for their illegal actions?

MakersMark

https://www.boards.ie/discussion/comment/119761943#Comment_119761943

In the same place as you.

Tenants served in Sept 2021. Notice expired in May.

Illegally overholding since then. RTB only now setting adjudication date.

Markus Antonius

https://www.boards.ie/discussion/2058268018/and-just-like-that-fffg-lose-298000-votes

Not as big a moron as someone who votes green

DubCount

As usual, the government and all the opposition parties have pushed responsibility for tackling homelessness onto private landlords, rather than solve the issue themselves. No consultation, no compensation and no choice. What about landlords looking to use the property for themselves - returning from working abroad, or relationship breakdowns or kids going to college etc.. They can be sacrificed in the name of protecting sitting tenants.

The only thing that helps a housing shortage, is increased supply. Price controls, eviction bans, broken systems to deal with legal evictions - it will only make things worse. This is more kicking the can down the road, while not solving the problem.

Yurt2

https://www.boards.ie/discussion/comment/119762122#Comment_119762122

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

Yurt2

https://www.boards.ie/discussion/comment/119762695#Comment_119762695

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

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.

somewhere45

https://www.boards.ie/discussion/comment/119761161#Comment_119761161

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

DFB-D

https://www.boards.ie/discussion/comment/119763210#Comment_119763210

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!

L1011

https://www.boards.ie/discussion/comment/119763682#Comment_119763682

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

RichardAnd

The idea that voting out FG

https://www.boards.ie/discussion/comment/119761036#Comment_119761036

I saw that, but the landlord would need to prove that the tenant is not paying rent, or that they are destructive. That would take time, and all the while, the landlord would be receiving no rent on his or her property.

Personally, I do not like idea that the state can step in and tell a landlord that they cannot evict someone. At the end of the day, they own the property. To me, this seems one more step towards where I fear this housing "crisis"** is taking us: expropriation of property.

** I fetter this word in quotes because "crisis" has implied that this was an accident.

DownByTheGarden

https://www.boards.ie/discussion/comment/119763876#Comment_119763876

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.