The eviction ban

Flinty997

https://www.boards.ie/discussion/comment/120468254#Comment_120468254

Do those LA coordinate this nationally?

Sunny Disposition

https://www.boards.ie/discussion/comment/120467327#Comment_120467327

Eviction bans, RPZs, unreasonable expectations of maintenance, all done ostensibly to help tenants but have made the market far, far worse. The Government would have done so much better for them if they had done nothing at all.

blanch152

https://www.boards.ie/discussion/comment/120447287#Comment_120447287

Pretty accurate putdown.

newmember2

https://www.boards.ie/discussion/comment/120468014#Comment_120468014

Point out one person anywhere that is encouraging non-payment of rent.

https://www.boards.ie/discussion/comment/120468226#Comment_120468226

Nobody said it was the landlord's fault and no this shouldn't be the landlord's problem, but if these people have nowhere else to go then this situation is just another current reality of the disaster that is the housing sector in Ireland.

Build more houses is the answer.

BattleCorp

https://www.boards.ie/discussion/comment/120468465#Comment_120468465

If the landlord wants their house back, and the person overholds, then it's the landlord's problem.

Build more houses is the answer for sure but what do you do in the meantime? Do you disadvantage the owner of the property or do you disadvantage the tenant?

Wanderer78

https://www.boards.ie/discussion/comment/120468470#Comment_120468470

...how about we try to protect both as best as possible, implementing polices that exposes either or both, simply wont work, landlords are a part of the solution....

Flinty997

https://www.boards.ie/discussion/comment/120468470#Comment_120468470

Quite obvious put all the costs and risks on the landlord. Who then leaves the market. If the market wants them to leave it should let them leave.

If you want to encourage new LLs and new Housing building then promote that separately. But you'll need a silver carrot not the promise of endless beatings with a stick.

TenMoreMinutes

https://www.boards.ie/discussion/comment/120468622#Comment_120468622

The problem with the silver carrot is that when anyone talks about wanting to make terms better for small private landlords to keep them in the market, it immediately results in a horde of people screaming about how landlords should not have ownership rights because they made an investment in property and opted to supply a rental property for a period of time, so they should now have to do so indefinitely, which is absurd.

carveone

https://www.boards.ie/discussion/comment/120468130#Comment_120468130

Thanks for the suggestions. You are right - it's not good enough to just ignore the possibilities. I showed my parents the CGT amount if they sold and suddenly they went from "ah sure" to "maybe a tax consultant is a good idea"!

Oscar_Madison

https://www.boards.ie/discussion/comment/120470651#Comment_120470651

Ah good to hear- an informed decision is the way to go. I’ve seen inheritances greatly reduced due to the neglect of simple tax and inheritance planning - if relations are good between interested parties and there’s just a small bit of planning things can work out so much better. Best of luck

Lefty2Guns

Hi All,

Looking for some advice. Was on previously about renting my home out to take a position in Oz which has now gathered steam.

If a tenant signs a 1 year lease and agrees to that, if we don't offer that tenant a second year lease and want to move back in where do we as the home owners sit within the actual law? The lease will be up so does the occupier have any rights?

It's a joke that I have to even ask these questions.

Any advice be greatly appreciated.

Rustyman101

Leases only work for the tenant, not worth the paper they've written on for the landlord.

Anyway after 6 months tenant as part 4 rights which supercede any lease agreement.

Basically after 12 months lease if tenant doesn't move by there own account you have a potential problem on your hands.

Flinty997

https://www.boards.ie/discussion/comment/120476935#Comment_120476935

You really need to learn the rules around this. If you think that first step is hassle don't rent.

If you are going to rent a property after 6 month its automatically 6yr lease. By which point 2029 its likely they will have changed the rules again, and not in your favour.

Bass Reeves

https://www.boards.ie/discussion/comment/120476935#Comment_120476935

After six months all lease's are considered to be leases of unlimited duration. Ya I. A years time when you come back you can look for vacant possession for your own use however if they over hold it will take 6-24 months to get possession. You have to give a minimum notice of 90 days for tenancies less than 6 months in duration, 152 days for 6-12 month tenancy and it keeps climbing to 224 days for tenancies of longer than 8 years.

You be better off sitting down with an letting agency and getting the property exact situation with them. However technically as you will be abroad there is a withholdings tax on the income

Flinty997

IMO It's not worth it. Not if you plan moving back in at any point in the future.

SwimClub

https://www.boards.ie/discussion/comment/120477061#Comment_120477061

This has changed now so that after 6 months its a 'forever' lease, not 6 years any more. You can still terminate it for your own use if you give correct notice. But as everyone is pointing out getting a tenant out even if you send the correct notice these days is not guaranteed, and if they refuse to leave you are looking at over 2 years to go through the process to get them out. And tenants with nowhere to go are being advised by many politicians to just stay put, even the taoiseach has recently stated in an interview that a judge would be very unlikely to put them out.

Lefty2Guns

Thanks for the detailed responses. However much that they are not favourable in my direction.

DownByTheGarden

You may end up never seeing the inside of the property again if you rent it out, no matter what lease you have. A lease can bind you but cannot bind a tenant so literally not worth the paper its written on.

And if you think thats a funny old situation to be in heres another one.

if the tenant decided that they liked you place and wanted to stay but didnt feel like paying rent, it would take you years and years to get iot back. All the time the tenant could even claim and be judged to get money off you if you dont keep the place up to standards while they arent paying you rent.

Lefty2Guns

https://www.boards.ie/discussion/comment/120477249#Comment_120477249

Thanks. I can see why people go the AirBnB route. We'll explore other options but going to the rental market is off the cards based on the responses above.

Some country we live in.

Flinty997

The only other option is some cake taker arrangement. This can also go bad, if someone won't move out.

If it only for a year or two I wouldn't bother.

Yurt2

https://www.boards.ie/discussion/comment/120477377#Comment_120477377

This is boards. The home of the shaggy dog tale, exaggerated anecdotes and of the completely uninformed on legal reality. I wouldn't make a descision on what I'll have for dinner based on comments here.

The rents that landlords can command have never been higher. There is no such thing as a zero-risk economic acitivity but bear in mind the deductions against rent one can make for tax purposes to mitigate those risks. They are quite generous in absolute terms and relative to places like the UK.

DownByTheGarden

https://www.boards.ie/discussion/comment/120477489#Comment_120477489

Maybe they just need to ask themselves if its so good why ware all the landlords quitting the business. its so bad that the government are trying to make all sorts of laws preventing them from quitting the business. If its right in front of your face and you can see it, its your eyes that are the problem.

Yurt2

https://www.boards.ie/discussion/comment/120477690#Comment_120477690

They're getting out because they're a glut of largely Celtic Tiger landlords out of negative equity, heading towards retirement and cashing-in on historically high house prices,

There's also favourable CGT window for properties bought between 2011-2014 expiring soon. Don't believe me? Tax advisors are urging landlords to sell for this very reason:

"The Residential Property Price Index in Ireland has grown from 76 in 2012 to 155.3 in November 2021. The statistics suggest that the average property bought between 2011 and 2014 may well have doubled in value.

We wonder if that rate of growth can be sustained, or if investors might be better served cashing in their chips in the near future? Certainly, there is a tax benefit to a timely exit, and we would encourage all clients to review their property portfolio’s, with a particular focus on properties bought in that 2011 to 2014 window."

https://hughestax.ie/2022/02/18/capital-gains-tax-the-perfect-storm-to-sell-property/

The landlord whinge in Ireland is eternal and never ending. You could have the Government cutting cheques for them breathing and there'd still be a whinge. But there are reasons beyond the whinge that landlords are selling, and I've illustrated them quite well thanks very much - so you don't need worry about my eyesight.

Topgear on Dave

I think its more the tenants whinging than the landlords, they can't find anywhere to live.

Bobtheman

https://www.boards.ie/discussion/comment/120477764#Comment_120477764

You are like Dev só ór a SF supporter Who is able to look into the heart of all landlords.

I'm not denying that there is some truth in your analysis but until a detailed study is done you could be accussed of guess work or parroting the SF party line

We do need to stop the exodus

The evictions ban was a badly thought out idea and if this is a sign of what SF would do in government God help us.

Legally dubious and poorly thought out policy initiatives

Flinty997

https://www.boards.ie/discussion/comment/120477786#Comment_120477786

No ones listening. Eviction ban is gone. Let LLs leave. End of.

SwimClub

I don't think the landlords are whingeing, they are getting out and selling to the government and their tenants are getting cost rentals, it's win-win!

And what's even better is that it is a textbook magic money tree solution, the government are finally listening to the opposition.

dontmindme

https://www.boards.ie/discussion/comment/120477377#Comment_120477377

Rent for 6 months at a time.

Wanderer78

https://www.boards.ie/discussion/comment/120477128#Comment_120477128

..i suspect this is the reality, the whole system is completely fcuked for everyone, landlords are beyond exposed here, id only have someone i know very well in the property, making sure they know the full score, managing the whole thing from oz would probably be just too much, best of luck with it all op.....

Flinty997

https://www.boards.ie/discussion/comment/120478363#Comment_120478363

Someone tried this with their holiday home. Couldn't get the tenants out. Because they had no where else to go.