Tenants refusing to leave even though we are homeless..HELP

https://www.boards.ie/discussion/comment/119265071#Comment_119265071

Hmm, is the census guy in rural Leitrim?

By my estimation, you cannot claim most of these houses are rentable and the owners choose not to rent, preferring to leave them empty.

There are houses with persons in nursing homes who cannot rent under fair deal scheme and it is still their home, derelict houses or not in a condition to rent, state owned stock left vacent, investor held stock where they are waiting for other units to become vacent before rebuilding, etc etc.

https://www.boards.ie/discussion/comment/119264020#Comment_119264020

The REALITY is that thousands if not ten of thousands of people are making the choice to leave houses empty.

I was talking to a census enumerator who said that out of less than 400 houses in his area 60+ were vacant. trying to remember exactly but about 15 houses were vacant due to owners in nursing home's, deceased and awaiting probate.

It's not that easy to store the contents of a houses. Most people do not consider that a house will be empty for ten years. Most think that they will make the decision in a year or so's time. But time slips by.

White goods if unplugged and cleaned out will remain in the same condition for years.

The REALITY is that people are unwilling in situation like this to rent these types of house's

mrslancaster

https://www.boards.ie/discussion/comment/119264123#Comment_119264123

What happens if they go to mediation and get an agreement but the tenants don't follow through? They don't sound like the most reliable if they've stopped paying rent. Then the owner is back at square one and has to go through the RTB dispute and legal route anyway. Some friends they turned out to be...

https://www.boards.ie/discussion/comment/119264021#Comment_119264021

I have. Possession of a property which was rented out illegally, and on which no tax was paid.

Look, it's simple - try mediation, which could result in something in a couple of weeks to a couple of months. Or don't. Go the fully legal route, which will result in substantial costs and will take months to years to resolve. Nothing to lose going the mediation route, except a small bit of cash and a couple of months if it's unsuccessful, and there's the potential of a quick resolution.

airy fairy

https://www.boards.ie/discussion/comment/119263971#Comment_119263971

You haven't answered what they should mediate? There is no case. Tenants are overholding. No rental being paid. Obviously lots of unsavoury paths to take, but there is only one solution which is to start eviction. It will take time but no pandering should take place.

https://www.boards.ie/discussion/comment/119263727#Comment_119263727

What reality?

That people think leaving a house empty is going to be in the same condition as when it was lived in 10 years previously or whatever the time line is?

Better to sell it or rent it and get something for it, it's just silly to hold onto an asset which gives you only cost.

Take the furnishings out if they are of sedimental value, white goods will be worthless in a few years, if the house is not heated and ventilated regularly, it will degrade quickly.

https://www.boards.ie/discussion/comment/119263192#Comment_119263192

Mediate for what?

The situation where the OP wants their house back, speedily, ideally with the rent they're owed, and the tenants (presumably) want to be able to find somewhere else to live and need a deposit and a reference to do so. And the OP presumably wants to do this without the expense of going through solicitors.

Why on earth should mediation take place if the owner needs the property back? No mediation needed, get out.

See above. Currently, tenants have possession, landlord has ownership but needs possession but has no valid tenancy agreement.

Essentially unless the tenants change their minds, the landlord has three choices and three choices only (or at least I can't think of any more):

Go the legal route via solicitors.
Go the mediation route.
Try for an illegal eviction, with all the comeback that entails.

https://www.boards.ie/discussion/comment/119263651#Comment_119263651

There is a huge difference in renting a house you intend to rent. I have two. At this stage I rent them virtually unfurnished. If tenants dislike what is there they can replace and take the replacement away with them. It's relatively easy to visit 2-3 charity shops and to pick up good quality furniture at a reasonable price.

It's a totally different scenario to rent a property that was a personal home to a family or an elderly person. You can have furniture, white goods, flooring, bedding, kitchen utensils as well as personal items that may be worth ten of thousands aside from sentimental value.

We have a housing and a rental crisis. Everybody I'd going around flapping there hands, left wing politicians are on about getting another stick after another stick to beat LL's with. They are not looking at the reality on the ground just like you are not.

You can bring a horse to water but you cannot make him drink. Incidents like this only fuel the reasons why private citizens will not rent family properties. The risk outweighs the benefit. You cannot even trust a friend as this case shows.

If you are going abroad and have a house this says do not rent it.

If you have a house rented and think you need it back, start to look for vacant possession 12 months before you need it.

If you have a house with valuable contents do not rent.

Never presume that any tenant no matter how well you think you know them will not f@@k you over.

This is what all this tells you

https://www.boards.ie/discussion/comment/119263301#Comment_119263301

But why complain about the risk of losing money from lost rent if their solution is to not rent instead? They have lost the entire income then.

Sounds like emotional rather than rational/ actual responses.

https://www.boards.ie/discussion/comment/119263194#Comment_119263194

It not a bit funny. It's a fact. There is ten of thousands of houses and apartments out there that owners will not rent because of sh!t like this. This is the second or third similar thread on Boards about situations like this where when owners are returning from abroad tenants have refused to vacate e en though given valid notice.

There are people in nursing home, living with there adult children or with family members and they will not rent there house because of the risk involved.

Not paying the rent is only part of the problem. Getting a house back damaged can cost ten of thousands. Where the house is being only rented for a temporary period ( awaiting probate, elderly owner in nursing home or with family members) there is huge reluctance to rent such properties now.

There is even houses where owners have rented previously where they will no longer rent.

OP is there enough room for a caravan in front of your house. You would be entitled to put such a caravan in front of your house. You could all then move into it. Even if it was a small caravan your husband could move into it rather than staying in a homeless shelter.

Have a huge sign on it telling the story of what happened.

https://www.boards.ie/discussion/comment/119261752#Comment_119261752

Remember we are hypothetically speaking here. First off all the caretaker agreement has not being registered with the RTB. It will take time for them to get involved.

However this is not a matter of an injunction. It's a matter of now evicting people from there family home.

Will a judge issue such an eviction notice. If he dose and in a case like this if the owner said I will not move out of the family home will a judge jail a father of children for contempt of court.

If this happens will he the jail the mother as well. If he just issues the eviction notice to the RTB is it the gardai or the county sheriff that has to evict them. Will a judge put Gardai in such a position. If it's the county Sheriff will he hire bailiffs to remove a family from the family home. Will bailiffs knowing the history of the case when they arrive and find 40-50 people present continue on such a route.

A judge will will go the contempt route before issuing an eviction notice to people in the family home even if he goes that far.

And this is all presuming that the squatters gave enough neck to go to the RTB.

There is an old saying possession is 9/10 th of the law.

https://www.boards.ie/discussion/comment/119260592#Comment_119260592

That auctioneer story was a little funny.

If the tenant stops paying the rent, they would be ruined, but leaving the place empty with no rent does not equal ruin?

airy fairy

https://www.boards.ie/discussion/comment/119263046#Comment_119263046

Mediate for what?

Property is owned by someone.

Owner wants it back.

Has given them notice to vacate.

Just because someone is renting a property doesn't give them the absolute right to stay in the property indefinitely. It is not the responsibility of the property owner to house someone.

Why on earth should mediation take place if the owner needs the property back? No mediation needed, get out.

Sense of entitlement much?

LJ12345

https://www.boards.ie/discussion/comment/119263046#Comment_119263046

I only see a sense of entitlement, these people have made a conscious decision that they are more important than their friends, if they were given enough notice it’s up to them to find a resolution, withholding rent is unforgivable and a total stab in the back when they’ve been trusted with no deposit and goodwill to mind the property. The situation out there is dire, but these people need to direct blame towards the state and ask for help and not take ruthlessly from their ‘friends’ by abusing their good will.

https://www.boards.ie/discussion/comment/119262423#Comment_119262423

I agree with a lot of what you're saying. No way someone refusing to pay rent should get away with it for years. And right now, they do, and yes, that's putting many landlords off staying in the business. There's another side to the coin, too, which you acknowledge, so fair play. In this particular case, we have one side of the story. Another interpretation of that?

"We were desperate for a place to stay and it seemed like win-win when our friends were moving to the UK for a time and asked if we'd rent their place. It wasn't up to scratch, with builders in doing work, but like I say, we were desperate. The rental market is gone mad! It was only supposed to be temporary, which we knew, and our friends were keeping it off the books, so we had no formal lease or tenancy agreement and nothing signed. Then out of the blue they sent us notice to quit. We've been looking around but literally can't find anything in a similar price range. There was no deposit (like I said, nothing signed) so we need to save for the deposit and first month's rent and moving expenses, so we've not paid the rent to allow us to do that. This is really stressing us out because we could end up homeless."

What might work here, apart from the full legal route, is informal mediation, if both sides were willing: https://mediationdublin.ie/

DubCount

https://www.boards.ie/discussion/comment/119262150#Comment_119262150

Protection of tenants against substandard and unsafe accommodation is very welcome - and more should be done on this.

However, allowing a tenant stay in a property without paying rent, or staying long after their notice has expired is wrong, and its killing supply from small landlords. Every tenant paying eye-watering rent, and every want-to-be tenant who cant find a place to rent, is paying a heavy price for this nutty system. The "what about the tenant" mentality when dealing with non-paying and overholding tenants is making it harder and more expensive for anyone to secure a rental.

Its no OK that our laws leave someone like OP homeless and in financial difficulty while the "tenant" squats in his property with the support of the Irish State for months or even years.

rightmove

https://www.boards.ie/discussion/comment/119262324#Comment_119262324

what is your functionon here - to show how narrow minded you are in your thinking. ?

I am not a LL but was both a renter and and LL at the same time and spent most of my life as a renter but small LL are screwed over .. I know.

I am neither a rent nor a LL now but i see it from both sides and my sympathies lay with the LL's and I never thought when I was in flatlands I would have thought that

whatchagonnado

https://www.boards.ie/discussion/comment/119262308#Comment_119262308

Look, if life got in the way of some plans and you are an accidental landlord and are stuck, I have sympathy. But that is the minority.

Anyone else having a whinge, like the holiday home owner only making 18k revenue a year.... NO.

rightmove

https://www.boards.ie/discussion/comment/119262294#Comment_119262294

Life ,ust be very straight forward for you so

whatchagonnado

https://www.boards.ie/discussion/comment/119261514#Comment_119261514

I have. AND, my heart still bleeds.

LunaLoo

Op could you be a great landlord and help them find a new place to move to.

Get in touch with another landlord with nicer property to rent and see if you can make a deal

Offer your tenants a great reference and pay their first month rent.

If they agree to move it would be in their best interests as they are going to have to leave one way or another

Now if they turned up to move and landlord had no recollection of such an agreement it would hardly be your fault.

They've moved out, you have your house back and if they contact you again get the guards involved

[Deleted User]

"This is Ireland - whoever is the most brazen and has the thickest of cute hoor necks wins!"

This.

And bear in mind that such vermin are supported by the law, by both the current and the probable next government, by most of the opposition, by the RTB, by the taxpayer-funded housing "charities" and by the countless herds of homelessness "activists"! Makes one want to vomit.