Tenant overholding

They only go back to 2014. I was trying to find a 2012 case a few minutes ago and it is not available.

So obviously the tenant is 100% in the wrong messing they're unlikely to take their case to the RTB

Why do you want them out exactly? Are they messy? Not paying rent? Damaging the premises? Keeping your neighbors up all night? Are you selling the place?

the reasons for issuing termination is irrelevant as long as it is done within the onerous confines of the law.

The tenant has nothing to lose by referring to the RTB and dragging it out as regardless of the outcome they won't have any repercussions of not abiding by a determination order.

My neighbours had an eviction notice, on antisocial behaviour grounds, and should have left 4 months ago. The agency guy asked them last month when they were leaving. They said they weren't. It's baffling.

If the OP is following the correct legal framework in terminating a tenancy it isn’t relevant. The problem is with the enforcement mechanism in Ireland where everything is stacked in the tenant’s favour.

My advice to the OP is to work with your solicitor in following the process and be prepared for months of disappointment.

Back when I was trying to deal with my tenant I had engaged my solicitor and was preparing for the long expensive drawn out process but due to luck was I spared the additional months and months of pain.

I also considered all the other ‘advise’ and methods from friends and relatives - but ultimately my solicitor told me to ignore them as I would only end up forking out money and getting myself in to more trouble

7k, like others have said the RTB site and search tool is beyond useless. You cannot trust what it returns. It really depends on the circumstances, but it might not be cost prohibitive to evict without a RTB order.

Also, technically the tenant has the right to break right back into the property and there is nothing you can do about that. Its worth thinking about how that situation would just escalate when your the one with assets and money and they are not.

I’d accept that - however - you can be sure that the enforcement of a determination order from the RTB is much easier as a tenant than a landlord.

It’s a flawed system that does not serve the purpose that it should.

Would you genuinely propose tenants co-fund the RTB? Genuinely now, at a time of record high rents is that something that you think would be desirable?

Leaving aside whether that's a good or fair idea, in practical terms we all know that the same tenants that cause hassle and take up the RTBs time would be the ones who would refuse to pay and get away with it.

Similarly, generally the worst landlords are the ones who don't register with the RTB.

How do you think the LLs pay it except with the rent. All these taxes and fees are just added to rent. Those high rents....!

The system being heavily biased is kind of a disincentive to those it biased against though.

For example a tenant can use it even if they aren't registered. Not so a LL. Double standards.

That's unlucky. But as with anything in life, there is a risk-reward payoff. You don't make a risk-free rate of return on property. Because it's not risk free. A landlord with a small number of properties cannot diversify the risk of tenants overholding precisely due to being a small landlord. But there should not be additional compensation (in the form of greater return) for that idiosyncratic risk. The result is just that some landlords get stung with all the pain and some luckily get off without noticing it at all.

Ah, you haven't heard about the Irish legal system I take it 😉