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Eviction process

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24

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    #32
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Took me six months to get a boundary issue sorted, and by sorted I just accepted that it was possession only. Best advice anyone who is sale agreed can get is to keep looking at other options. (Noted that it has already been given in this thread.)


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    #33
    TattooedLady
    Registered Users Posts: 38 ✭TattooedLady


    Samuel T. Cogley wrote: »
    Took me six months to get a boundary issue sorted, and by sorted I just accepted that it was possession only. Best advice anyone who is sale agreed can get is to keep looking at other options. (Noted that it has already been given in this thread.)

    Last night we were browsing on the estate agent that's selling our house website and found a house that's only gone up. Less room in the house but we both love it, we are a family of 3 so don't need a massive space. We are seriously considering going for it.


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    #34
    CosmicFool
    Registered Users Posts: 492 ✭✭CosmicFool


    reg114 wrote: »
    Put yourself in the tenants' shoes for a second, they are being asked to leave their home in the middle of a pandemic when the country has been under lockdown since last autumn. Its not possible to physically view rental properties so no wonder they are finding it difficult to find somewhere else to live. Being evicted is traumatic enough at the best of times but given everything that is going on I cant imagine the strain its causing the tenants involved. Detach yourself emotionally from the property in question and select another. It will save you alot of stress and money. Personally I wouldnt want to take ownership of a dwelling under such strained circumstances. Factor in the fact that the cogs of the legal system in this country move very slowly. Time = money and alot of legal fees.

    They were given notice in October and panned to move out in April. Plenty of notice.


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    #35
    TattooedLady
    Registered Users Posts: 38 ✭TattooedLady


    **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!


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    #36
    Hontou
    Registered Users Posts: 172 ✭✭Hontou


    OP, I'd be curious to find out if those tenants move out before Autumn. If you find out in future let us know. Good luck with your new house search.


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    #37
    TattooedLady
    Registered Users Posts: 38 ✭TattooedLady


    Hontou wrote: »
    OP, I'd be curious to find out if those tenants move out before Autumn. If you find out in future let us know. Good luck with your new house search.

    The house is only round the corner from where we are now so I'll keep an eye out!


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    #38
    rightmove
    Registered Users Posts: 993 ✭✭✭rightmove


    TattooedLady wrote: »
    The house is only round the corner from where we are now so I'll keep an eye out!

    really is a messed up housing market where these situations arise. Government has added to the mess over the years rather then helped. Virtue signaling as policy - someone has to pay the price.


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    #39
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    rightmove wrote: »
    really is a messed up housing market where these situations arise. Government has added to the mess over the years rather then helped. Virtue signaling as policy - someone has to pay the price.


    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.


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    #40
    C3PO
    Registered Users Posts: 3,752 ✭✭✭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!


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    #41
    Claw Hammer
    Registered Users Posts: 6,179 ✭✭✭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.


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    #42
    DubCount
    Registered Users Posts: 1,075 ✭✭✭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.


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    #43
    Gael23
    Registered Users Posts: 12,094 ✭✭✭✭Gael23


    I’d walk away


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    #44
    agoodpunt
    Registered Users Posts: 544 ✭✭✭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


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    #45
    Caranica
    Registered Users Posts: 10,065 ✭✭✭✭Caranica


    Gael23 wrote: »
    I’d walk away

    The op already posted that they have!


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    #46
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    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?


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    #47
    Hontou
    Registered Users Posts: 172 ✭✭Hontou


    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.


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    #48
    Claw Hammer
    Registered Users Posts: 6,179 ✭✭✭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.


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    #49
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    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 :)


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    #50
    Hontou
    Registered Users Posts: 172 ✭✭Hontou


    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).


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    #51
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    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 :)


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    #52
    Hontou
    Registered Users Posts: 172 ✭✭Hontou


    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?


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    #53
    endacl
    Registered Users Posts: 22,259 ✭✭✭✭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....


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    #54
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    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.


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    #55
    Claw Hammer
    Registered Users Posts: 6,179 ✭✭✭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.


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    #56
    MacDanger
    Registered Users Posts: 2,449 ✭✭✭MacDanger


    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


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    #57
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    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.


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    #58
    MacDanger
    Registered Users Posts: 2,449 ✭✭✭MacDanger


    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


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    #59
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    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.


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    #60
    rightmove
    Registered Users Posts: 993 ✭✭✭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.


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    #61
    MacDanger
    Registered Users Posts: 2,449 ✭✭✭MacDanger


    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


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