Eviction process

Hontou wrote: »

It's not an urban myth. I gave notice to tenants who are wrecking my house by blocking up vents and have large animals in the house that they can't manage. They have the notice nearly a year. They said they are not moving out when the lockdown passes. They call us every second week to fix something. One of the occupiers isn't even a tenant and has threatened us with bullying him......and a solicitor is supporting him! You can see where this is going...........We need to sell the house to pay for our kids to go to college. That is why we invested in it. (Our risk and problem I know). One of our kids has deferred a year and the other has decided to do an apprenticeship instead of going to college even though their CAO points are in the top 1%. We are not naive or completely stupid and are experienced landlords. But the rules changed to allow this behaviour in recent years.

That's not exactly the situation that the other poster was talking about though - unless your tenants have stopped paying rent and have taken you to the RTB for not fixing something and the RTB have then ruled in their favour?

MacDanger wrote: »

Fair enough, I'll put it down as an urban myth so

It's not an urban myth. I gave notice to tenants who are wrecking my house by blocking up vents and have large animals in the house that they can't manage. They have the notice nearly a year. They said they are not moving out when the lockdown passes. They call us every second week to fix something. One of the occupiers isn't even a tenant and has threatened us with bullying him......and a solicitor is supporting him! You can see where this is going...........We need to sell the house to pay for our kids to go to college. That is why we invested in it. (Our risk and problem I know). One of our kids has deferred a year and the other has decided to do an apprenticeship instead of going to college even though their CAO points are in the top 1%. We are not naive or completely stupid and are experienced landlords. But the rules changed to allow this behaviour in recent years.

MacDanger wrote: »

Fair enough, I'll put it down as an urban myth so

Work away. People cant do everything for you.

JimmyVik wrote: »

Go to the RTB site and use the search function.
You can get anything you want there.

Im not going to do it for you. Im sick of the sight of that website.
If you want to believe im lying, thats fine with me too.

Fair enough, I'll put it down as an urban myth so

MacDanger wrote: »

Have you (or anyone) an example of a case? I don't mean to call you a liar, it just strikes me as one of these urban myths than people recount without having actually seen it

Go to the RTB site and use the search function.
You can get anything you want there.

Im not going to do it for you. Im sick of the sight of that website.
If you want to believe im lying, thats fine with me too.

JimmyVik wrote: »

Believe it.

Have you (or anyone) an example of a case? I don't mean to call you a liar, it just strikes me as one of these urban myths than people recount without having actually seen it

rightmove

JimmyVik wrote: »

Yes. Plenty.
There are people who rent houses to do this professionally.
There is no punishment for them. They dont even have to pay you the back rent for the years they werent paying.
Go to the RTB website. Months of entertaining reading there.

I researched all this for a long time when I was thinking about a rental investment.
I never went ahead with it in the end.

Its like right and wrong are no longer valid - just the BS pyramid of indulgences where the LL is on the bottom layer by default by virtue of moral vacuum in the corridors of power.

Count your stars you never invested.

MacDanger wrote: »

I know there are plenty of cases of people not paying and dragging it out for ages but I find it hard to believe that non-paying tenants could take a case against a LL for not maintaining the property correctly

Believe it.

JimmyVik wrote: »

Yes. Plenty.
There are people who rent houses to do this professionally.
There is no punishment for them. They dont even have to pay you the back rent for the years they werent paying.
Go to the RTB website. Months of entertaining reading there.

I researched all this for a long time when I was thinking about a rental investment.
I never went ahead with it in the end.

I know there are plenty of cases of people not paying and dragging it out for ages but I find it hard to believe that non-paying tenants could take a case against a LL for not maintaining the property correctly

MacDanger wrote: »

Are there any actual cases of this happening? It seems ludicrous

Yes. Plenty.
There are people who rent houses to do this professionally.
There is no punishment for them. They dont even have to pay you the back rent for the years they werent paying.
Go to the RTB website. Months of entertaining reading there.

I researched all this for a long time when I was thinking about a rental investment.
I never went ahead with it in the end.

JimmyVik wrote: »

Will I tell them?

OK. Even if they wreck your house and stop paying you rent while you are trying to evict them....

If they ask you to fix a broken tap, washing machine or cooker, or anything else, you have to get it fixed or you will be fined by the RTB.

Yes, the RTB, the very people who wont let you evict the people who have effectively taken your house and wont give it back, while they wreck it and take YOU to the RTB for not fixing it.

Are there any actual cases of this happening? It seems ludicrous

Claw Hammer

Hontou wrote: »

Surely when the part 4 is up, then it is a black and white case of out the door? (except during eviction bans).

While a dispute is in being, the tenancy continues. The case has to go to the RTB for overholding. There is then the court process with appeals a possibility followed by the Sheriff.
A tenant intent on doing so can drag it out at every stage.

endacl wrote: »

You wouldn't believe the answer....

Will I tell them?

OK. Even if they wreck your house and stop paying you rent while you are trying to evict them....

If they ask you to fix a broken tap, washing machine or cooker, or anything else, you have to get it fixed or you will be fined by the RTB.

Yes, the RTB, the very people who wont let you evict the people who have effectively taken your house and wont give it back, while they wreck it and take YOU to the RTB for not fixing it.

endacl

Hontou wrote: »

What if the house goes into disrepair during the long drawn out eviction process? Caused by tenants bad management of the house. Breaking things, blocking up vents etc. What if this is the reason the landlord wants out? Does the landlord have to keep up repairs during the eviction process going on for years? What if they can't afford to?

You wouldn't believe the answer....

JimmyVik wrote: »

Said many a person before they rented their properties and are now in tears

What if the house goes into disrepair during the long drawn out eviction process? Caused by tenants bad management of the house. Breaking things, blocking up vents etc. What if this is the reason the landlord wants out? Does the landlord have to keep up repairs during the eviction process going on for years? What if they can't afford to?

Hontou wrote: »

Surely when the part 4 is up, then it is a black and white case of out the door? (except during eviction bans).

Said many a person before they rented their properties and are now in tears

Claw Hammer wrote: »

Years. A very evil tenant could keep it going for 7 or 8 years.

Surely when the part 4 is up, then it is a black and white case of out the door? (except during eviction bans).

Claw Hammer wrote: »

Years. A very evil tenant could keep it going for 7 or 8 years.

Now you've put people even more off renting out their houses than they were before

Claw Hammer

JimmyVik wrote: »

So lets say ion the OPs case the tenants dont seem to want to leave.
If the owner of the house wants to get them out, whats the worst case scenario to get them out legally? How long?

Years. A very evil tenant could keep it going for 7 or 8 years.

JimmyVik wrote: »

So lets say ion the OPs case the tenants dont seem to want to leave.
If the owner of the house wants to get them out, whats the worst case scenario to get them out legally? How long?

I'm anticipating starting the process through the RTB in June (assuming level 5 lockdown over by mid April, and my tenants remaining 2 months notice then being up in June). Including the tenants appealing, I'm hoping all will be done and dusted within 6 months of contacting the RTB. That is based on our notice being valid for the purposes of selling the property. As we served notice last Summer, that means around 1 year and 5 months. But if they simply don't go? I don't know. Anecdotally I hear 2 years. In which case their part 4 is up anyway.

Claw Hammer wrote: »

There are ways to get tenants out legally. Most landlords are too mean to pay for the professional advice necessary. I know a landlord who got a defaulting tenant out of a property legally in 6 weeks. He brought a barrister down from Dublin,who told the local solicitor what to do and was in court within 4 weeks and had the tenant ordered out and gone within another 2 weeks.

So lets say ion the OPs case the tenants dont seem to want to leave.
If the owner of the house wants to get them out, whats the worst case scenario to get them out legally? How long?

Caranica

Gael23 wrote: »

I’d walk away

The op already posted that they have!

agoodpunt

DubCount wrote: »

This is good to hear but I thought you needed to go through the RTB slow bicycle race before you could even apply to a court to look at an eviction.

BS There can be no eviction before a determination order unless its a cruff of the neck job

Gael23

I’d walk away

DubCount

Claw Hammer wrote: »

There are ways to get tenants out legally. Most landlords are too mean to pay for the professional advice necessary. I know a landlord who got a defaulting tenant out of a property legally in 6 weeks. He brought a barrister down from Dublin,who told the local solicitor what to do and was in court within 4 weeks and had the tenant ordered out and gone within another 2 weeks.

This is good to hear but I thought you needed to go through the RTB slow bicycle race before you could even apply to a court to look at an eviction.

Claw Hammer

JimmyVik wrote: »

If you think thats bad they want to prevent you ever being able to get a tenant out next. Dotn know how anyone will ever be able to sell their properties if rented.

There are ways to get tenants out legally. Most landlords are too mean to pay for the professional advice necessary. I know a landlord who got a defaulting tenant out of a property legally in 6 weeks. He brought a barrister down from Dublin,who told the local solicitor what to do and was in court within 4 weeks and had the tenant ordered out and gone within another 2 weeks.

C3PO

TattooedLady wrote: »

**UPDATE**

After a long discussion we have decided to pull out of buying the house. So much has happened it just dulled its sparkle and we are now on the hunt for our new forever home!

Sorry for you OP but I think that’s the right decision!