Why is it so hard to evict non-paying tenants in Ireland?

Driving gloves · 06-01-2022 5:43pm #1

I have sympathy for people trapped renting, I really do. If I was a landlord I would always try to reach out to a tenant who is genuinely stuck, for example sick or lost job. These are the can’t pay people (genuine ones).

What pisses me off is the won’t pay brigade.

They won’t engage with the property owner, ie, landlord. They won’t pay a penny in rent, the law is on their side, they’ll wreck the property when you lose tens of Thousands.

houseyhouse · 06-01-2022 5:56pm

The rules make it a very slow process. I would think the rules are there to protect people who are down on their luck in the ways that you mention e.g. sick, lost a job etc. I think most of us agree people should have some protection in times of crisis and that should happen regardless of whether the LL is a decent skin.

Not sure how the law can be written to protect those in difficulty without being open to abuse. Maybe shortening the appeals process would make a difference? A system that allows LLs to actually get damages/arrears from former tenants would help LLs left in the lurch and perhaps also act as a disincentive?

Driving gloves · 06-01-2022 5:58pm

https://www.boards.ie/discussion/comment/118428284#Comment_118428284

Landlord should be able to stop damages from wages, single mothers allowance, disability, dole etc.

The One Doctor · 06-01-2022 6:01pm

The_Conductor · 06-01-2022 6:30pm

https://www.boards.ie/discussion/comment/118428300#Comment_118428300

They can- but at a stupidly slow pace- aka judges seem to think that a 20-25 year period for repaying damage at 1 Euro a week, is a genuine attempt to make amends- well, its not. There is defacto no reprecussions for tenants- the financial liability rests with the landlord, period.

Driving gloves · 06-01-2022 6:33pm

https://www.boards.ie/discussion/comment/118428538#Comment_118428538

Why can’t the landlord just storm the house and drag the people out?

houseyhouse · 06-01-2022 6:37pm

https://www.boards.ie/discussion/comment/118428555#Comment_118428555

Eventually they can forcibly remove people but the process up to that point takes a couple of years, longer at the moment due to the Covid protections.

The_Conductor · 06-01-2022 6:39pm

Because it would be an illegal eviction- resulting in a lotto like payday for the delinquent tenant, irrespective of whether or not they were paying rent.

The whole system is based on the supposition that the landlord has an asset that can be used to access finance to pay for, well, whatever the RTB or the courts would like money for. The tenant, meanwhile, is presumed to be destitute, and deserving of accessing the landlord's financial asset.

The landlord has to do everything precisely by the book- or else he/she will be may pay for their impetuousness. The tenant- irrespective of whether they have a genuine case (and lots do) is automatically presumed by the system to be wronged by the landlord, there is a presumption of guilt- and a landlord has to prove they are innocent.

There are nightmare tenants and landlords- both- who have thoroughly ruined the system for decent tenants and decent landlords. People have learnt that they can game the system- and that it pays to game the system. And yes, it does pay to game the system.

Driving gloves · 06-01-2022 6:40pm

https://www.boards.ie/discussion/comment/118428588#Comment_118428588

Those protections shouldn’t exist.

Kick them the fucκ out

Everlong1 · 06-01-2022 6:59pm

Because we now have a culture of pandering to scumbags where everything is about their RIGHTS and ENTITLEMENTS and f*ck all about responsibility. This is what happens when you have a society that promotes welfare as a lifestyle choice. If you think it's bad now wait until the Shinners take power.

Driving gloves · 06-01-2022 7:03pm

https://www.boards.ie/discussion/comment/118428785#Comment_118428785

A Maggie Thatcher style Taoiseach is needed.

Hontou · 06-01-2022 7:10pm

As a landlord for many years (and past tenant for many years), the problem for good tenants is the minority of bad tenants and the problem for good landlords is the minority of bad landlords. Horror stories of bad tenants overholding and damaging property increases the risk of property investment (along with other factors) which causes landlords to up rents. Equally, horror stories of bad landlords overcharging, not doing repairs and withholding deposits makes tenants believe landlords are evil and creates a bad relationship when there does not need to be one.

To answer your question OP, bad tenants cannot be evicted because the government has created a system to devolve responsibility of bad tenants to the private landlord. The same minority of bad tenants wreck and don't pay their rent for council houses either. It should be a criminal offense to use or damage, but not pay for a product (accommodation). But in this country, the landlord trying to protect their product (accommodation) through eviction is the law breaker (criminal).

DubCount · 06-01-2022 7:26pm

This is the elephant in the room nobody wants to address.

The government (local and national) benefits from the status quo. When somebody stops paying rent (cant pay or wont pay) and they get evicted (eventually), they become homeless. The national government doesnt want homeless figures. The local government doesnt want to deal with homeless people. While they squat in a landlords property, they are not in the homeless statistics and the Local Authority doesnt have to house them. The Landlord is the only one with a problem - and sure who has sympathy for them anyway. A long drawn out process to get an eviction kicks the problem down the road.

In England, 3 months arrears is automatic grounds for eviction. Straight to the county court for a quick judgement and eviction order. Its then over to the local authority to house the former tenant. The Landlord can quickly move on and get a new tenant. No pointless messing about with the RTB, or long notice periods. Responsibility for housing non-paying tenants falls on the local authority and not the private landlord.

Whatever the reason, decent tenants who pay their way (the majority) pay a premium on their rent because of this "head in the sand" approach that we seem to like. I will never understand the point of requiring a RTB judgement before going to court - either allow the RTB judgement to be enforced with the backing of the law, or go straight to court.

Why is it so hard to evict non-paying tenants in Ireland?

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