Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Eviction Ban extended

Options
1…1415161719

Comments

  • Options
    #542
    Manion
    Registered Users Posts: 1,508 ✭✭✭Manion


    The_Conductor wrote: »
    The Act itself


    And the guidance document from the Department

    It is expected there will be an additional SI on or before the afternoon of Friday 31st, to formally legislate for the Aug 1st and onwards situation- it will be available to download immediately once its signed.

    OK, but is there something more recent? There seems to be people talking about what the rules will be going forward to January and variations on what is in the documents you posted...


  • Options
    #543
    perfectkama
    Registered Users Posts: 106 ✭✭perfectkama


    many people voted in the last election for a communist green party who have a stake in government blanket eviction is there policy demand bit late now for debate this needs to be closed


  • Options
    #544
    Manion
    Registered Users Posts: 1,508 ✭✭✭Manion


    perfectkama wrote: »
    many people voted in the last election for a communist green party who have a stake in government blanket eviction is there policy demand bit late now for debate this needs to be closed

    Manifesto:
    https://www.greenparty.ie/wp-content/uploads/2020/02/Housing-Paper-.pdf

    Programme for Government:
    https://www.greenparty.ie/wp-content/uploads/2020/06/2020-06-15-ProgrammeforGovernment_Corrected-Final-Version.pdf

    They support a ban under section 4 of the legislation, which seems far from a blanket ban.

    http://www.irishstatutebook.ie/eli/2020/act/2/enacted/en/print#part4

    A few hours ago I knew nothing about this. It doesn't take much to read up the links provided.


  • Options
    #545
    redarmyblues
    Registered Users Posts: 972 ✭✭✭redarmyblues


    perfectkama wrote: »
    many people voted in the last election for a communist green party who have a stake in government blanket eviction is there policy demand bit late now for debate this needs to be closed

    It's not that the Greens have gone communist, it's that FFG have gone Sinn Fein, where the people who voted FFG in last election will go in the next one, but it may not be pretty.


  • Options
    #546
    redarmyblues
    Registered Users Posts: 972 ✭✭✭redarmyblues


    Landlords should be able to self declare that they have suffered loss of income during the Covid period and paid the flat e350 with a mortgage holiday thrown in. I have never voted FG but I have a grudging admiration for Varadkar and things seem to be taking a turn for downhill since Martin became AT the Green List/ Why can't we get our Covid money on holiday fiasco being a case in point. The free **** is going to run out soon, what will replace it?


  • Advertisement
  • Options
    #547
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    https://www.rte.ie/news/ireland/2020/0728/1155912-tenant-protection-covid-19/

    When will the attack on landlords end ? Hasnt any government official realised this will only make it worst.


  • Options
    #548
    mel123
    Registered Users Posts: 2,193 ✭✭✭mel123


    The_Conductor wrote: »
    According to the Minister- a tenant would have to show that they are in receipt of a payment from the Department of Employment Affairs and Social Protection now, that they were not in receipt of immediately preceding the Covid-19 shutdown.

    So its any DEASP payment that you now get that you did not get before the lockdown that counts.

    If you have DEASP payments- but had them before the lockdown- it doesn't count.

    @the_conductor thanks for all your information and replying to all our posts, its really helpful, you know more than our Minister LOL


  • Options
    #549
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    mel123 wrote: »
    @the_conductor thanks for all your information and replying to all our posts, its really helpful, you know more than our Minister LOL

    I wish.
    I learn lots from everyone here- on a daily basis.
    Only reason I come across as informed sometimes- is because I read legislation day-in-day-out as part of my day job.
    I do learn lots from the experiences of others here though- very often highly pertinent information that you'd be unlikely to come across elsewhere.

    Thanks! :-)


  • Options
    #550
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    When is the current rent increase freeze coming to an end ? Is it the end of July ? Its not clear to me.


  • Options
    #551
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    so just to clarify

    In a position where someone wants to sell the house - they can issue the notice of termination on August 1st?


  • Advertisement
  • Options
    #552
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Panch18 wrote: »
    so just to clarify

    In a position where someone wants to sell the house - they can issue the notice of termination on August 1st?

    Not if the tenant:

    1) Has been issued with some manner of income support directly related to Covid
    and
    2) Is in rent arrears
    and
    3) Informs the RTB and their landlord of the fact that they are financially constrained (related to Covid)- could be loss of job or whatever

    Aka- if the tenant is in a financially tenuous situation (because of Covid) and in arrears on the rent- you can't sell, as the tenant would have difficulty finding alternate accommodation.

    So- answer is- it depends........


  • Options
    #553
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    handlemaster wrote: »
    When is the current rent increase freeze coming to an end ? Is it the end of July ? Its not clear to me.

    Depends on what is in the final version of the bill- but it looks like a complete freeze until 10th Jan 2021. It looks like the ban on increases- continues.

    If anyone has a more uptodate version of the bill than last Fridays- and apparently there are two subsequent versions- grateful if they could kindly share a copy here.


  • Options
    #554
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    The_Conductor wrote: »
    Not if the tenant:

    1) Has been issued with some manner of income support directly related to Covid
    and
    2) Is in rent arrears
    and
    3) Informs the RTB and their landlord of the fact that they are financially constrained (related to Covid)- could be loss of job or whatever

    Aka- if the tenant is in a financially tenuous situation (because of Covid) and in arrears on the rent- you can't sell, as the tenant would have difficulty finding alternate accommodation.

    So- answer is- it depends........

    Thanks a million for response

    So tenant has their own business which was closed from March - but is open again about a month - beauty sector

    I gave her half rent defferal for April and May on the basis that it would be paid back when the salon is open again

    She has repaid the half for April

    I don't know if she has informed th RTB of the arrears - i do know that she has been onto them though regarding the notice period

    As it's only half rent for 1 month - if i inform her today that the rent arrears is written off can i then issue the notice of termintion on saturday as she is no longer in arrears?

    it would seem so right?


  • Options
    #555
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Its at her discretion- not yours.
    She has rent arrears- the fact that you elected to offer her deferral, is moot.
    The fact that you are offering to write off the arrears is moot.

    Its a tick-box exercise for the tenant- does she meet 1, 2 and 3- the answer is- yes she does.

    You may offer to write off the arrears- but the fact that she has arrears, means she satisfies the conditions to invoke a ban on eviction (until 10th Jan 2021).

    She meets the criteria to invoke the ban on eviction- as they currently stand.

    You could make a mad dash to offer her a full rebate on her arrears (before the bill is signed later this week) to try and negate her ability to trigger the protections that the bill endows on her. If I were in your position- I'd chance my arm- and fully and officially forgive the arrears, in writing, and properly witnessed- which would nullify the ban on granting of notice under the new bill.

    Note- even if you do this- there is nothing to stop her playing the system, and seeing how long she can draw things out- and she may be inclined to run up further arrears- seeing as you forgave her previous arrears.

    If you are forgiving the arrears, I would ensure you made it conditional on her not challenging an official notice, and I would then line up my ducks, to serve official notice on the 1st of August (making sure you've forgiven the arrears before this!!!!)


  • Options
    #556
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    The_Conductor wrote: »
    Its at her discretion- not yours.
    She has rent arrears- the fact that you elected to offer her deferral, is moot.
    The fact that you are offering to write off the arrears is moot.

    Its a tick-box exercise for the tenant- does she meet 1, 2 and 3- the answer is- yes she does.

    You may offer to write off the arrears- but the fact that she has arrears, means she satisfies the conditions to invoke a ban on eviction (until 10th Jan 2021).

    She meets the criteria to invoke the ban on eviction- as they currently stand.

    You could make a mad dash to offer her a full rebate on her arrears (before the bill is signed later this week) to try and negate her ability to trigger the protections that the bill endows on her. If I were in your position- I'd chance my arm- and fully and officially forgive the arrears, in writing, and properly witnessed- which would nullify the ban on granting of notice under the new bill.

    Note- even if you do this- there is nothing to stop her playing the system, and seeing how long she can draw things out- and she may be inclined to run up further arrears- seeing as you forgave her previous arrears.

    If you are forgiving the arrears, I would ensure you made it conditional on her not challenging an official notice, and I would then line up my ducks, to serve official notice on the 1st of August (making sure you've forgiven the arrears before this!!!!)

    Thanks a million for that

    I have no doubt that tenant is going to challenge the notice anyway.

    I'll get the girlfriend to leave her off the rent - txt this evening and get her to send a letter (girlfriend's currently abroad) to the tenant so that she has it in writing


  • Options
    #557
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Panch18 wrote: »
    Thanks a million for that

    I have no doubt that tenant is going to challenge the notice anyway.

    I'll get the girlfriend to leave her off the rent - txt this evening and get her to send a letter (girlfriend's currently abroad) to the tenant so that she has it in writing

    Timing is critical- if she is still in arrears when the new measure is signed into law- she meets all the criteria to be fully protected from serving a notice- until the 10th Jan 2021- regardless of whether she stops paying her in (partially or fully) or not. You need to get this done ASAP.


  • Options
    #558
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    The_Conductor wrote: »
    Timing is critical- if she is still in arrears when the new measure is signed into law- she meets all the criteria to be fully protected from serving a notice- until the 10th Jan 2021- regardless of whether she stops paying her in (partially or fully) or not. You need to get this done ASAP.

    Thanks a million for that - priceless info

    The Mrs is on the case and will have that letter issued today


  • Options
    #559
    arctictree
    Registered Users Posts: 4,291 ✭✭✭arctictree


    I have a property that we were getting ready to rent out. Will probably leave it vacant now and just use it for family and friends who are visiting. I wonder how many are in the same boat.


  • Options
    #560
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    arctictree wrote: »
    I have a property that we were getting ready to rent out. Will probably leave it vacant now and just use it for family and friends who are visiting. I wonder how many are in the same boat.

    Plenty- personally I have three siblings doing exactly the same thing- two in Dublin, the other in Galway. The risks involved in getting a tenant in- are just too much- they'd rather keep it free and let family and friends use it on an occasional (or even regular basis) than let it out in the current regulatory regime.


  • Options
    #561
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    The_Conductor wrote: »
    Plenty- personally I have three siblings doing exactly the same thing- two in Dublin, the other in Galway. The risks involved in getting a tenant in- are just too much- they'd rather keep it free and let family and friends use it on an occasional (or even regular basis) than let it out in the current regulatory regime.

    You’d want to be Off your head now to be a private landlord in Ireland, it’s a dead end game

    Only reason my girlfriend is a landlord is her job moved and she left the people who were in the house under rent a room in there.

    And when she first informed them informally of thinking to sell once COVID restrictions lifted it was all nice and we’ll help you if we can etc etc

    As soon as she tried to get the place cleaned up then their tune changed rapidly

    I wouldn’t mind but they’ve had a very cushy deal for last 2 years, she didn’t change the rent and stayed paying the bills, so they had same terms as the rent a room terms they moved in on, and threw it back in my girlfriends face then as soon as she tried to get anything done around the place.

    Lesson learned, never again


  • Advertisement
  • Options
    #562
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    Panch18 wrote: »
    Only reason my girlfriend is a landlord is her job moved and she left the people who were in the house under rent a room in there.

    Same with my siblings- one moved to Joburg, one to London- and the other is currently working in Lisbon. All were previously working here.

    They do have the other factor- they want to return here at some stage (one of them sooner rather than later) and are terrified that they'll not be allowed to end a tenancy to take their property back for their own use.


  • Options
    #563
    david72jenkins
    Registered Users Posts: 23 ✭david72jenkins


    That's exactly the position that I find myself in. 'Authorities' quite happy for me to be homeless but not my tenant.


  • Options
    #564
    brownbeard
    Registered Users Posts: 112 ✭✭brownbeard


    The_Conductor wrote: »
    Timing is critical- if she is still in arrears when the new measure is signed into law- she meets all the criteria to be fully protected from serving a notice- until the 10th Jan 2021- regardless of whether she stops paying her in (partially or fully) or not. You need to get this done ASAP.


    Q: Does this mean that you can only serve notice on 10th Jan 2021, meaning if the relevant notice period is 6 months, you'd have to wait till 10th July 2021? ...almost a full year from now?


  • Options
    #565
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    brownbeard wrote: »
    Q: Does this mean that you can only serve notice on 10th Jan 2021, meaning if the relevant notice period is 6 months, you'd have to wait till 10th July 2021? ...almost a full year from now?

    Yes- if she meets the criteria for protection under the new legislation.
    Thats it in a nutshell.
    The protection, as outlined, is not yet enshrined in legislation- so a prospective landlord would be well advised to formally wipe any arrears quickly (over the next day or two) in a formal and witnessed manner- so the tenant did not have arrears once the new legislation came in- which is one of the determining factors for triggering additional rights for the tenant (until the 10th Jan 2021).


  • Options
    #566
    snowgal
    Registered Users Posts: 1,783 ✭✭✭snowgal


    essentially yes


  • Options
    #567
    david72jenkins
    Registered Users Posts: 23 ✭david72jenkins


    Hi Conductor, what is your view on arrears if those arrears were accumulated prior to Covid and rent was paid (not the arrears) during the Covid period?


  • Options
    #568
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,279 Mod ✭✭✭✭The_Conductor


    david72jenkins wrote: »
    Hi Conductor, what is your view on arrears if those arrears were accumulated prior to Covid and rent was paid (not the arrears) during the Covid period?

    Then its not Covid related- and the new legislation is specifically targeted as a measure to mitigate against any losses associated with Covid- its measures are ringfenced as Covid measures, and thus- rental arrears from before Covid- should not be included.

    Was proper notice served before the Covid lockdown for the o/s arrears at that time?


  • Options
    #569
    david72jenkins
    Registered Users Posts: 23 ✭david72jenkins


    No notice issued, we came to an agreement that tenant was in arrears and that he would pay but then covid hit


  • Options
    #570
    jaykay74
    Registered Users Posts: 6,572 ✭✭✭jaykay74


    I wonder if rent is due today or tomorrow and not paid will the tenant then be in arrears for August 1st even though they have paid rent on time for the last few years. Hopefully people can't just take advantage of what they know is coming.


  • Advertisement
  • Options
    #571
    redarmyblues
    Registered Users Posts: 972 ✭✭✭redarmyblues


    If the legislation is so bad for tenants, why are the Welfare Before Work crowd crying about it?


Advertisement