Landlord evicted us for family member, now AirBNBing it

#1 · 21-04-2018 11:27AM #1

Hi folks, we were evicted for the landlord's son on Jan 31st (all done by the book). The house needed vital repairs such as heaters broken, mould problems, cooker and we think we were really evicted so that they didn't have to fix anything.

I've kept an eye on the address with a Google alert because it was so suspicious to me and I've just seen it go up on a few accommodation websites.

What is the legal situation here? I'll have to find the letter we got, but I'm pretty sure only the person named on the court order we received was allow to live there for the first six months.

piplip87 · 21-04-2018 11:32AM

Is it the whole place on Air BnB or is it the son renting out a room on it.

manualskeleton · 21-04-2018 11:33AM

piplip87 wrote: »

Is it the whole place on Air BnB or is it the son renting out a room on it.

The whole place as a holiday home

davo10 · 21-04-2018 11:38AM

manualskeleton wrote: »

The whole place as a holiday home

But he isn't re-letting it to a tenant, Airbnb are guests, not covered by RTB.

I'm not certain, but I suspect that family member must live there for a period before it could be let to another tenant.

manualskeleton · 21-04-2018 11:44AM

davo10 wrote: »

But he isn't re-letting it to a tenant, Airbnb are guests, not covered by RTB.

I'm not certain, but I suspect that family member must live there for a period before it could be let to another tenant.

I found the letter, it says they should have offered it back to us in the first six months if he decided not to live there. This stinks as far as can see.

davo10 · 21-04-2018 11:47AM

manualskeleton wrote: »

I found the letter, it says they should have offered it back to us in the first six months if he decided not to live there. This stinks as far as can see.

You could be right, but does that apply if the owner wants to re-let, it has to offered back to you.

The son could be the one offering it on AIRBNB, not the owner.

manualskeleton · 21-04-2018 11:49AM

davo10 wrote: »

You could be right, but does that apply if the owner wants to re-let, it has to offered back to you.

The son could be the one offering it on AIRBNB, not the owner.

Still breaking Section 34 of the tenancies act, no? It was never offered back to us.

I'm wondering now what action I can take.

davo10 · 21-04-2018 11:51AM

manualskeleton wrote: »

Still breaking Section 34 of the tenancies act, no? It was never offered back to us.

I'm wondering now what action I can take.

I suspect you will find that the son still "lives" there, but let's guests/Airbnb stay there occasionally. You can of course open a dispute with RTB, but they are not re-letting it so RTB might not be able to do anything.

21-04-2018 11:51AM

manualskeleton wrote: »

I'm wondering now what action I can take.

Find somewhere nicer to live. That house sounds horrible

manualskeleton · 21-04-2018 11:53AM

davo10 wrote: »

I suspect you will find that the son still "lives" there, but let's guests/Airbnb stay there occasionally. You can of course open a dispute with RTB, but they are not re-letting it so RTB might not be able to do anything.

Gonna do the RTB. This seems like reletting to me, it's the whole house up.

manualskeleton · 21-04-2018 11:53AM

[Deleted User] wrote: »

Find somewhere nicer to live. That house sounds horrible

I did

I just don't like being pushed around or letting assholes get away with it.

davo10 · 21-04-2018 11:54AM

manualskeleton wrote: »

I did I just don't like being pushed around or letting assholes get away with it.

Life's to short. Airbnb isn't a tenancy, they are guests in your house.

pablo128 · 21-04-2018 11:58AM

davo10 wrote: »

Life's to short. Airbnb isn't a tenancy, they are guests in your house.

He was evicted under spurious circumstances. You can try to down play it all you want.

Graham · 21-04-2018 12:04PM

Gather as much evidence as you can that it's the entire property being offered for short-term lettings and register a dispute with the RTB.

sandy2000 · 21-04-2018 12:05PM

And another example of how Airbnb contributes to high rents and a housing shortage. Somewhere that was residential now off the market and the evicted tenants added to those chasing the decreasing supply. Artificially decreased by the numbers removed for Airbnb lettings.

If you're going to report it to the RTB, you can also report it to the enforcement section of your local planning department. Dublin City Council at least are increasing enforcement when they get complaints or reports. Most local authority websites have a section on their website with an email address and contact details.

amcalester · 21-04-2018 12:06PM

Lodge a dispute but I bet that when it’s gets to the hearing you’ll find that the son still “lives”there and only moves out when it is booked on AirBnB.

manualskeleton · 21-04-2018 12:09PM

davo10 wrote: »

Life's to short. Airbnb isn't a tenancy, they are guests in your house.

Do you like getting pushed around? If there's a process in place with RTB, I don't see why I wouldn't report it.

manualskeleton · 21-04-2018 12:10PM

Graham wrote: »

Gather as much evidence as you can that it's the entire property being offered for short-term lettings and register a dispute with the RTB.

There's tonnes of evidence. It's on a few sites and a clear listing date of second week of April. 2 nights for the whole house costs more than I paid per month

That's the reason they've done it.

manualskeleton · 21-04-2018 12:10PM

davo10 wrote: »

Life's to short. Airbnb isn't a tenancy, they are guests in your house.

How about booking.com and others?

Franz Von Peppercorn · 21-04-2018 12:13PM

davo10 wrote: »

Life's to short. Airbnb isn't a tenancy, they are guests in your house.

Life is never too short to screw people screwing you.

manualskeleton · 21-04-2018 12:15PM

Hard to describe how strange it is seeing your old bedroom on an accommodation site

davo10 · 21-04-2018 12:20PM

manualskeleton wrote: »

How about booking.com and others?

There is a difference between a tenant and a guest. The RTB applies to tenancies, but wouldn't apply to a guest in a B&B/hotel (you don't have to register a tenancy every time an Airbnb guest stays) so the site doesn't matter, the owner/son is not letting to another tenant. The son's answer to this, I'm certain, will be that he lives there and moves out when guests stay.

I'm not downplaying it, I said there is nothing to stop you opening a dispute with RTB, and I'd say your suspicions are correct, but they will claim son still lives there and the property is not being re-let within the 6 month period.

l5auim2pjnt8qx · 21-04-2018 12:20PM

manualskeleton wrote: »

Hi folks, we were evicted for the landlord's son on Jan 31st (all done by the book). The house needed vital repairs such as heaters broken, mould problems, cooker and we think we were really evicted so that they didn't have to fix anything.

I've kept an eye on the address with a Google alert because it was so suspicious to me and I've just seen it go up on a few accommodation websites.

What is the legal situation here? I'll have to find the letter we got, but I'm pretty sure only the person named on the court order we received was allow to live there for the first six months.

Its in the RTB rules that a ex tenant must submit there new address in writing within 28 days off Termination to enable the Landlord to contact them if the property comes back on the open market as a Full Tenancy (email ,text does not suffice.

Considering the Landlord doesn't have this on the open market and name on the Order is renting and using Airbnb ,this is of no concern to you.

Also you mentioned Court Order, you only get a court order if you refused
Notice of Termination and Landlord needed to go through the RTB Ruling to get get a Court Order as you were Overholding and Illegally staying in the property.

You have been a burden long enough on the Landlords back, move on and thank your lucky stars you had more than enough time to vacate property.

manualskeleton · 21-04-2018 12:22PM

Kaelyn Ripe Minor wrote: »

Its in the RTB rules that a ex tenant must submit there new address in writing within 28 days off Termination to enable the Landlord to contact them if the property comes back on the open market as a Full Tenancy (email ,text does not suffice.

Considering the Landlord doesn't have this on the open market and name on the Order is renting and using Airbnb ,this is of no concern to you.

Also you mentioned Court Order, you only get a court order if you refused
Notice of Termination and Landlord needed to go through the RTB Ruling to get get a Court Order as you were Overholding and Illegally staying in the property.

You have been a burden long enough on the Landlords back, move on and thank your lucky stars you had more than enough time to vacate property.

A burden! The state of you without knowing the details of our case.

I mentioned the wrong term then, we vacated their property which was breaking the law for a number of reasons on the date we were meant to, so notice of termination then.

EdgeCase · 21-04-2018 12:25PM

The whole temporary let AirBnB thing is getting out of hand. I know a few people in Ireland and elsewhere who are now living next to what amounts to an "aparthotel" with new guests every few days in multiple apartments / former family homes.

It's not being regulated properly almost anywhere. I mean if you wanted to open a B&B or self catering you'd need to get planning permission. I don't see why this setup is being treated as different because it's online.

21-04-2018 12:29PM

Just had a quick look on Airbnb and there are over 300 whole houses/apartments available and the same again of bedrooms only in Dublin alone . Imagine if they were available on the rental market!

l5auim2pjnt8qx · 21-04-2018 12:32PM

manualskeleton wrote: »

A burden! The state of you without knowing the details of our case.

If have submitted enough information in your OP to formulate a Case and you can
submit more if you are unhappy with the reply as I have given you the correct information with regards to the Legal system.

It is your duty and responsiblity to check all heaters and appliances in the property before signing contracts, no point in making assumptions that the
Landlord is throwing you out because of complaints.

The Mould problem may or may not be present because of poor ventilation
ie. leaving clothes dry indoors without opening windows as I'm sure mould wasn't present when you viewed and accepted property.

manualskeleton · 21-04-2018 12:39PM

Kaelyn Ripe Minor wrote: »

If have submitted enough information in your OP to formulate a Case and you can
submit more if you are unhappy with the reply as I have given you the correct information with regards to the Legal system.

It is your duty and responsiblity to check all heaters and appliances in the property before signing contracts, no point in making assumptions that the
Landlord is throwing you out because of complaints.

The Mould problem may or may not be present because of poor ventilation
ie. leaving clothes dry indoors without opening windows as I'm sure mould wasn't present when you viewed and accepted property.

And if they broke during the tenancy? You've obviously got a massive chip on your shoulder here and are applying it to my case with minimal info.

l5auim2pjnt8qx · 21-04-2018 12:49PM

manualskeleton wrote: »

And if they broke during the tenancy? You've obviously got a massive chip on your shoulder here and are applying it to my case with minimal info.

If the Landlord broke the rules during your tenancy you were 100% correct to take a case to the RTB board as you should have received a copy of and read
explaining the procedure.

No point in crying over spilled milk if the property is not for you move on
or in your case you were evicted. I assume you have found new accomodation and if you haven't you have learned something new.

Your making a case known on this forum if the adequate details are not sufficient
that's your chip on your shoulder to burden.

As a Landlord if I was met with tenants with this aggressiveness you would be evicted before the 6months Part IV came into operation.

Graces7 · 21-04-2018 12:57PM

Kaelyn Ripe Minor wrote: »

If the Landlord broke the rules during your tenancy you were 100% correct to take a case to the RTB board as you should have received a copy of and read
explaining the procedure.

No point in crying over spilled milk if the property is not for you move on
or in your case you were evicted. I assume you have found new accomodation and if you haven't you have learned something new.

Your making a case known on this forum if the adequate details are not sufficient
that's your chip on your shoulder to burden.

As a Landlord if I was met with tenants with this aggressiveness you would be evicted before the 6months Part IV came into operation.

:eek:

manualskeleton · 21-04-2018 01:01PM

Kaelyn Ripe Minor wrote: »

If the Landlord broke the rules during your tenancy you were 100% correct to take a case to the RTB board as you should have received a copy of and read
explaining the procedure.

No point in crying over spilled milk if the property is not for you move on
or in your case you were evicted. I assume you have found new accomodation and if you haven't you have learned something new.

Your making a case known on this forum if the adequate details are not sufficient
that's your chip on your shoulder to burden.

As a Landlord if I was met with tenants with this aggressiveness you would be evicted before the 6months Part IV came into operation.

Aggressiveness

Fecking hell.

I'm asking for what advice about avenues open to me in a case where I was moved on for a false reason. If you can't help me with that, I don't know what you're doing posting.

Landlord evicted us for family member, now AirBNBing it

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