How do you evict a tenant after RTB hearing in your favour.

The Continental Op

I'm interested in the current process necessary to get a tenant out after they have been through all the RTB process and lost. NoT is valid. If the tenant carries on paying rent but does nothing to move must the landlord then need to go through the courts?

mountai

District Court is next step .

3DataModem

Yes, once the RTB finds in the landlords favour, typically the landlord must then go through the Circuit Courts.

The Continental Op

Whats the time scale and what sort of cost for the courts?

3DataModem

I've seen people post timescales of up to 10-12 months. If your tenant is shameless, well motivated, and doesn't need to leave the place, then it will lengthen the time.

Seth Brundle

Does the OP taking rent from the tenant make a difference to trying to get them out?

paul71

https://www.boards.ie/discussion/comment/122644786#Comment_122644786

Closing the bank account?

dennyk

https://www.boards.ie/discussion/comment/122644786#Comment_122644786

Not legally; all it would really mean is that the tenancy can't be terminated for arrears, but as long as whatever other reason the landlord used to terminate the tenancy was valid, that won't matter at this stage. If the tenant stopped paying rent, that might make them appear less sympathetic in any future court proceedings, but if the tenant is trying to pay and the landlord is refusing to accept it, that isn't going to score any points for the landlord with the judge, so all that would do in the end is cost the landlord that rent money, which would be utterly foolish. An overholding tenant who's paying rent is a pain, but is still far better than an overholding tenant who's not paying rent, and it'll take just as long to get rid of either once the RTB has decided in the landlord's favour.

Hontou

To answer the OP's question: you can't (as far as I've observed). The government prefers rogue tenants to be private landlords problems rather than theirs.

Cuddlesworth

If the tenant continues to pay rent, engages with the court and claims leaving would make them homeless, it could be years before being granted an actual eviction order. Depends on how they come across and what evidence they present.

Elessar

As far as I'm aware, you go to the District Court to obtain an Enforcement Order. The judge will probably give the tenant additional days/weeks/months to leave. If they stay after this, you can contact the Sheriff's office to have the order enforced and the tenant physically removed. I believe you can also hire licensed "enforcement guards" via a private security agency to do this.

The Continental Op

So the tenant is appealing the hearing. Any ideas how long the appeal process takes? My OP was obviously a bit premature :-(

Claw Hammer

https://www.boards.ie/discussion/comment/122852726#Comment_122852726

In your initial post you said you had gone through the all the RTB process? What is this appeal?

dennyk

https://www.boards.ie/discussion/comment/122852726#Comment_122852726

Average timelines for tribunal hearings (which are where adjudication appeals go if accepted) were something like seven or eight months earlier this year, so I wouldn't expect it to be quick if the RTB actually accepts the appeal, unfortunately. What is the basis for their appeal? It is possible the RTB might just reject it if it is entirely meritless, which would be a bit quicker at least, but you're still probably going to have to head to court to actually enforce the order, so you are probably still many months from vacant possession either way.

The Continental Op

https://www.boards.ie/discussion/comment/122853206#Comment_122853206

As I said I was a bit premature. Went through everything at the adjudication and I was confident what way the adjudication would go. It then took the RTB 8 weeks to come back with an adjudication that the NoT was valid. Total time from request for adjudication took about 6 months. I just wondered if the RTB handled appeals any quicker - tbh I doubt it.

meijin

https://www.boards.ie/discussion/comment/122853225#Comment_122853225

merit decision is for the Tribunal; RTB might reject it if unpaid, or too late, etc…