What do i do if tenant won't leave at end of lease?

Rocket_GD

https://www.boards.ie/discussion/comment/123343014#Comment_123343014

I never said that, I said "amateur landlords" as in someone who doesn't know the legislation and risk involved with their investments.

If you're using a property worth 00's of thousands as an investment opportunity you should be aware of the legislation involved. The OP has shown they have no understanding of the legislation in the slightest. These are not the people who should be landlords.

suvigirl

https://www.boards.ie/discussion/comment/123343014#Comment_123343014

making the rules more straightforward and fairer, therefore more acceptable to landlords and easier to grasp / follow, is that not a simple step forward?

How could they possibly be more straightforward then being enshrined in legislation for everyone to access, not to mention the RTB has a website, for anyone to access.

boardsdotie44

https://www.boards.ie/discussion/comment/123343030#Comment_123343030

I would say the vast majority of small landlords are not 100% up on the legislation, they might have an idea about whats going on, but not the full ins and outs of everything.. which Im sure all the vulture fund properties are, they know all the ins and outs and know exactly when and the max they can increase rent, how to get rid of tenants etc…

In any case as I said before, the OP's statement was probably more to do with frustration that anything else

boardsdotie44

https://www.boards.ie/discussion/comment/123343041#Comment_123343041

OMG, have you ever tried to evict a tenant :) Have you read any real life attempts that landlords have made to evict a tenant, how long it took, the loops they had to go thru, tenants overholding for months without paying rent and nothing they can do about it, and zero chance of getting any of that money back…

Read up on this, and come back to me.. if you still think its straightforward, we have different definitions of easy :)

Rocket_GD

https://www.boards.ie/discussion/comment/123343044#Comment_123343044

If you're using a property worth hundreds of thousands of € you should be 100% up on the legislation, if you're not then you're making a major risk with an extremely valuable asset and have no one to blame but yourself if it doesn't work out.

Hire a solicitor for a few hours, not going to cost you the world and go through the legislation, your rights and the tenants rights. It's doing some due diligence, they'd be negligent if they didn't.

boardsdotie44

https://www.boards.ie/discussion/comment/123343084#Comment_123343084

Fully agree to hire solicitor, as the legislation is so cumbersome, you basically need to be professionally trained.

But then it follows, you dont need to be 100% up on the legislation.

Just like pensions, worth 000's, but most ppl dont have a clue, thats why they are managed by professionals!

suvigirl

https://www.boards.ie/discussion/comment/123343055#Comment_123343055

Well aware thanks. That has always been the case. Doesn't stop someone from finding out the legislation in relation to it.

Rocket_GD

https://www.boards.ie/discussion/comment/123343106#Comment_123343106

No you do, the solicitor will go through the legislation with you to ensure that you are 100% up on the legislation. If it changes, you get professional advice again, if you choose not to it's negligent behaviour.

As i said, we don't need amateurs.

boardsdotie44

https://www.boards.ie/discussion/comment/123343121#Comment_123343121

It hasnt always been the case, prior to all the legislation / RTB it was very different…

Well I would question that if you still think the legislation is straightforward :)

Sure the previous poster advised to hire a solicitor, which suggests it is far from easy ..

boardsdotie44

https://www.boards.ie/discussion/comment/123343124#Comment_123343124

Cant argue with that logic lol

suvigirl

https://www.boards.ie/discussion/comment/123343130#Comment_123343130

It has always been the case that it is difficult to evict people. Always. There have been numerous cases highlighted in the media

boardsdotie44

https://www.boards.ie/discussion/comment/123343153#Comment_123343153

Recently yes, but not always! prior to RTB was far easier

Raichų

https://www.boards.ie/discussion/comment/123343044#Comment_123343044

well then they should not be landlords. Do you see how simple that is no?

You either understand the law of what business you’re conducting or don’t conduct the business.

Would you so be blasé about a small cafe owner being unaware of food safety legislation?

boardsdotie44

https://www.boards.ie/discussion/comment/123343212#Comment_123343212

Funny you should say that, some arent… Know a person who is health inspector and the stories :)Some would be negligence (i.e. not caring), but others, ignorance.. same goes for small restaurants…

"well then they should not be landlords. Do you see how simple that is no?" Very simple indeed, but do you think that will help the crisis?

Kind going around in circles here, I get the feeling most posters are just trying to make a point without actually thinking about them..

mrslancaster

https://www.boards.ie/discussion/comment/123332242#Comment_123332242

There’s no point in FT leases now for landlords unless it’s less than six months and even then, tenants can cause problems by over holding. Letting a house is treated like other rental contracts that just roll over, eg things like utilities, broadband, mobiles, bins, health insurance, crèche places etc. Those suppliers don’t pull the service as long as the user keeps paying the bill or cancels by giving notice. The difference with letting property long term is that the supplier can’t stop or remove the supply even when the user stops paying for the rental.

Letting is also similar to hiring for a job that becomes indefinite after a six month probation period. After that, employers need a good reason to fire someone. But, an employer can restrict access to their business premises if there is a dispute/suspension but a landlord can’t restrict access. An employer can have a FT contract for x years but a landlord can’t. Employment law is complex and very few companies now would hire someone without taking legal advice and then going through rigorous hiring procedures. Mistakes cost.

Rental law is skewed in favour of tenants IMO and landlords need to get smart and pay for legal advice before handing over a very expensive asset to another person whether it’s a stranger, friend, relative, foreigner, or local.

JayRoc

https://www.boards.ie/discussion/comment/123342964#Comment_123342964

As a tenant I'd be happy to see a push to retain more small landlords by, for example, reducing the amount of tax they must pay.

I would not, however, support reducing the rights of tenants …which appears to be what some people mean when they talk about "getting rid of these crazy regulations".

boardsdotie44

https://www.boards.ie/discussion/comment/123343295#Comment_123343295

Me personally, I mean just making it fair.. its not about reducing tenants rights, its more like increasing landlords rights!

No problem with rent caps, no problem with having to give plenty of notice to evict tenants, maintaining standard of property etc.. but landlords with little rights to get rid of bad tenants, overholding tenants, non paying tenants, a little mistake on the landlords part when evicting can have the eviction thrown out, with no chance to correct said mistake, whereas tenants dont even have to show up to proceedings with no consequence…I do have a problem with..

Claw Hammer

https://www.boards.ie/discussion/comment/123343124#Comment_123343124

Solicitors are not law teachers. They won't go through legislation . If you have a specific problem they will provide advice for a fee. In a lot of cases they will obtain advice from counsel. There may be some lawyer/tutors who would be prepared to go through legislation for a fee.