Enforcement of RTB Determination order

Countryboy2018 · 13-08-2020 11:07am #1

Hi all just looking for a bit of avice,
Received an RTB Determination order in my favor for vacant possession.
Tenant was supposed to vacate on 1st August.
Tenant refused to move.
Spoke with solicitor to start enforcing the determination order through the district court.
Solicitor sent letter to tenant,notifying tenant if Determination order is not complied with, then court process will start.
Tenant contacts me to give him extension to leave, can’t find anywhere, have no time to look for elsewhere etc. and to please tell my solicitor not to go ahead with application to courts and that he will sign an agreement to vacate if I give him more time( He is looking to stay for another two months)
Normally I would feel sorry for anyone in this situation but this tenant has caused me nothing but stress.
My question is would you trust him to comply with new agreement to vacate in two months and tell solicitor to pause the enforcement process and
lose two months waiting to see if he keeps his word
Or keep the application of enforcement going, which could cost me around €1500 approx in total I’m told.
but could get a judgment on tenants wages to get costs back( which I doubt will happen)
I don’t even know how long an enforcement takes to carry out.
Sorry for long post and thanks in advance.

MacDanger · 13-08-2020 1:18pm

If it was me, I wouldn't trust a word of the tenant, the "signed agreement" will be worthless. It's presumably taken a long time to get to this point, they're just trying to stall you further

theteal · 13-08-2020 1:43pm

Not a chance. I'm guessing it could be take the guts of 2 months to "forcibly" get them out - for want of a better way of describing it. Push on.

DubCount · 13-08-2020 1:48pm

Nice guys are not rewarded in this game. You don't make the rules, you just play by them

Proceed with court proceedings straight away. Going with some letter that is outside the official process could put you right back to square one. If you have an RTB determination in your favour, this is not a new problem - finish the job !!

Sheep Shagger · 13-08-2020 1:50pm

Two words....Good luck.

In my experience a determination order isn't worth the paper it's written on but stick to your guns and follow through with it.

Ignore the tenant.

TheBoyConor · 13-08-2020 1:53pm

Definitely do not entertain him. Push ahead with enforcement. If you come up with some letter of agreement then it could be used against you later, saying that this agreement superceded and nullified the court order for immediate vacanting of the house.

Get him out. Keep him out. A grown adult man, it is his own fault if he hasn't got his shít together to house himself.

Sheep Shagger · 13-08-2020 1:55pm

TheBoyConor wrote: »

Definitely do not entertain him. Push ahead with enforcement. If you come up with some letter of agreement then it could be used against you later, saying that this agreement superceded and nullified the court order for immediate vacanting of the house.

Get him out. Keep him out. A grown adult man, it is his own fault if he hasn't got his shít together to house himself.

This - it's all about possession...nothing else.

Countryboy2018 · 13-08-2020 2:15pm

Thanks guys for all your replies.
I did try to negotiate an earlier time for him leave but it wasn’t good enough for him he still saying that he needs two months to pack all his stuff.
He now saying that Threshold are writing to my solicitor to try and negotiate also.
He seems to think that Threshold has some great powers to stop my solicitor.
I told him that my solicitor gets his instructions from me not Threshold, as I’m the one who pays the solicitor.
He and threshold have caused me so many problems I’ll be just glad to see him gone.
I’m just wondering how long it takes to get this enforced through the courts, solicitor telling me it takes around 4 weeks, which I find hard to believe.
I would say it takes longer than this.

theteal · 13-08-2020 2:21pm

Countryboy2018 wrote: »

Thanks guys for all your replies.
I did try to negotiate an earlier time for him leave but it wasn’t good enough for him he still saying that he needs two months to pack all his stuff.
He now saying that Threshold are writing to my solicitor to try and negotiate also

Hang on, to pack his stuff? 2 months to find a place is reasonable (although much too late in this case) but 2 months to pack belongings is a joke, a costly one too at your expense.

Threshold can't do a thing. You're following the process and have won, it's just about enforcement now. I genuinely don't know if 4 weeks is optimistic but I'd be beyond caring were I in your shoes. Follow through, don't listen to his speil.

TheBoyConor · 13-08-2020 2:31pm

The time for negotiation is passed. The RTB have made their judgement.

Threshold are nothing, they have no power whatsoever, they are only flying monkeys doing the bidding for delinquent tenants. They have no power to compel you to do anything. You are not legally obliged to entertain their requests.

The RTB ruling is made. You are not obliged to engage in any further negotiation whatsoever. Since the determination has not been complied with you are proceeding with having the order enforced through the courts.
Have your solicitor tell them this is crystal clear terms. No more bs, get out, stay out.

Dav010 · 13-08-2020 2:37pm

If you have got to the stage where the RTB has made a determination, this is ongoing for quite a long time. By all accounts there are more properties out there to rent than there has been for a long time. If you agree to what is being asked, experience has shown you that there is a high probability that you will be no further along in two months time. I would get your solicitor to write to the tenant today that no further period will be agreed to and an application to the Court for enforcement will be made without delay.

lomb · 13-08-2020 2:52pm

You can go in there and change the locks. Basically they cant sue you now as youve done your bit, the rest is just timewasting admin from sheriffs etc. Could I ask what the tenants do for a living and what age/nationality they are so I can avoid that type in the future

DubCount · 13-08-2020 3:00pm

lomb wrote: »

You can go in there and change the locks. Basically they cant sue you now as youve done your bit, the rest is just timewasting admin from sheriffs etc. Could I ask what the tenants do for a living and what age/nationality they are so I can avoid that type in the future

100% no. Don't think you are free from an illegal eviction claim.

Follow the process through your solicitor.

LuckyLloyd · 13-08-2020 3:11pm

Keep the hammer down with due process. Inform the tenant that there are no exceptions or extensions from here and you will be proceeding via your solicitor as planned. Best of luck.

TheBoyConor · 13-08-2020 3:29pm

lomb wrote: »

You can go in there and change the locks. Basically they cant sue you now as youve done your bit, the rest is just timewasting admin from sheriffs etc. Could I ask what the tenants do for a living and what age/nationality they are so I can avoid that type in the future

You are giving incorrect information. Stop.
And being a delinquent tenant has nothing got to do with nationality or age, that is a racist and discriminatory remark.

Irish, British, French, Polish or Chinese tenants all have the potential to be good tenants or complete arseholes.

Countryboy2018 · 13-08-2020 3:33pm

Thanks for your reply
I think that this is the only way with this guy, as I’m afraid of lockdown occurs again, I will be stuck with him for longer so the sooner I act now the better

Mrs OBumble · 13-08-2020 3:38pm

Tell him to book a place on AirBnB for two months.

Tell him to hire a couple of students for a couple of hours to move his stuff.

Countryboy2018 · 13-08-2020 3:40pm

Dav010 wrote: »

If you have got to the stage where the RTB has made a determination, this is ongoing for quite a long time. By all accounts there are more properties out there to rent than there has been for a long time. If you agree to what is being asked, experience has shown you that there is a high probability that you will be no further along in two months time. I would get your solicitor to write to the tenant today that no further period will be agreed to and an application to the Court for enforcement will be made without delay.

Yes I think you are right.
Do you think I should notify him by text that he should have agreed to my earlier timeframe to vacate and that because he hasn’t done so my solicitor is instructed to carry on or will I let solicitor tell him.

Countryboy2018 · 13-08-2020 3:44pm

Mrs OBumble wrote: »

Tell him to book a place on AirBnB for two months.

Tell him to hire a couple of students for a couple of hours to move his stuff.

I’d nearly go and help him at this stage if it were to move him along!
The council are paying his rent, so I’m sure they can help him locate a bnb or hostel and they will pay for it.
But as he said to me he would rather have a place to himself and not to share

Dav010 · 13-08-2020 3:49pm

Countryboy2018 wrote: »

Yes I think you are right.
Do you think I should notify him by text that he should have agreed to my earlier timeframe to vacate and that because he hasn’t done so my solicitor is instructed to carry on or will I let solicitor tell him.

No, just get your solicitor to send a letter stating that you want immediate possession of property and that an application has been made to enforce determination. There is no longer anything to be gained by you communicating with the tenant.

Smouse156 · 13-08-2020 4:19pm

Countryboy2018 wrote: »

I’d nearly go and help him at this stage if it were to move him along!
The council are paying his rent, so I’m sure they can help him locate a bnb or hostel and they will pay for it.
But as he said to me he would rather have a place to himself and not to share

Ah well! If he’d rather have a place to himself while the council pays his rent then naturally he’s entitled to stay forever! God forbid he might have to share a kitchen.

TheBoyConor · 13-08-2020 4:24pm

Countryboy2018 wrote: »

Yes I think you are right.
Do you think I should notify him by text that he should have agreed to my earlier timeframe to vacate and that because he hasn’t done so my solicitor is instructed to carry on or will I let solicitor tell him.

Don't commmunicate with him by casually or by text. Something you say in passing could be taken out of context and used against you later on.

All correspondence should be in writing and via your solicitor.

There should not be any more willy nilly conversation over and back. All he should be getting is the statutorily required notices and courtesy reminder letters of same so that he cannot come back claiming that he forgot or lost the letter or the dog ate it or some other bs.
If he askes for extensions and relaxations have the solicitor send him a letter informing him that the enforcement process is proceeding and requests for discretionary extensions will not be entertained under any circumstances.

DO NOT, under any circumstances, go to help or assist him in any way. he could make any sorts of allegations afterwards, such as that it was a forced eviction or some such. Without you knowing , he could take a picture of you carrying a few boxes and then claim it as evidence that you turned up at the house, barged in and started throwing his things out of the house.
DO NOT, approach or have any physical contact or interactions with this man unless you have Gardai present as witnesses.
These fellas are schemeing since they were in short pants and they know every con and trick in the book to claim their rights.

I hope the door hits him in the arse on the way out. Chancer.

L1011 · 13-08-2020 5:09pm

lomb wrote: »

You can go in there and change the locks. Basically they cant sue you now as youve done your bit, the rest is just timewasting admin from sheriffs etc. Could I ask what the tenants do for a living and what age/nationality they are so I can avoid that type in the future

Do not give illegal 'advice' or ask for that type of information again

Sheep Shagger · 14-08-2020 5:17pm

Do not entertain any sob stories, you need to put aside emotions and get possession of your property back using the procedures set out by the RTB.

If you do and it backfires you can't expect any sympathy from anyone here.

Countryboy2018 · 14-08-2020 6:53pm

Thanks for your reply.
You are absolutely right, I nearly fell for his sob story.
I have instructed my solicitor to proceed with the enforcement process

AntiLord · 18-04-2022 11:41am

As a tenant who's had ten years of landlord's finding excuses to throw us out to put up the rent , its interesting to see how you leasee's think. Some of you have a bit of heart, and some the sense to follow things legally, but the vast majority have no understanding of rental crisis tenants face when torn from their home for another persons ambition and greed. You are renting a house, but it is someones home. Why not rent the home for a persons life? Why do you need to destroy lives for short term profit? Those of you who seek to evict us under false pretences deserve everything you get. It is only a matter of time before we are squeezed so much, people will have no option but unionise, barricade themselves in and you will destroy your asset trying to remove a person from their home. I am not excusing bad tenants or those who dont pay their rent, but i speak for those who do pay and take care of the home, but lose their home anyway so you can add a few hundred to your ledger. You are not a lord, you are a service provider. You service homes... thats your job as the leasee. If its not making money, sell up and do something else with your short life.

L1011 · 19-04-2022 9:27am

https://www.boards.ie/discussion/comment/118942371#Comment_118942371

Don't bounce old threads for useless posts like this.

Enforcement of RTB Determination order

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