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The eviction ban

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  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    If you want to rent out a place you have to do it with a mindset is going to be permanent rented for a very long time..



  • Registered Users Posts: 491 ✭✭SwimClub


    That's also a terrible idea with rent controls if they bring in selling with tenants in situe which seems likely if things keep getting worse.

    Tenants won't ever want to leave if they have a rent controlled apartment, you'll be renting to their grand kids.

    The solution is what the institutional landlords do, have many properties, rent them to well off tenants likely to move/buy their own place within a few years and leave the apartments empty for 2 years on rotation across the portfolio every so often if inflation means the rents fall way behind market rents, to re-set the rent between tenants.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    I wouldn't do it. But all the signs are we will copy Europe but without the same protection for LS..



  • Registered Users Posts: 287 ✭✭dennis72


    We have made lls scapegoats for lack of social housing

    Expecting a diminishing supply subject to 50% tax that is not affordable to low income or unemployed, increases a risk of falling into arrears and then protecting with one-sided tenants regs leaving lls picking up the bill while some politicians and LA advise overholding

    Privately owned is not a social asset eventually its supply runs out thankfully the larger funds will manage this and partially keep some supply for our important FDI companies.



  • Registered Users Posts: 655 ✭✭✭BoxcarWilliam99


    To keep private land lords in the market a new body for investigating and actioning disputes, non payment, breach of lease etc needs to be set up.

    The case against Non paying or breach of lease tenants should be investigated, decided and actioned on in weeks rather than months. 10 week turnaround with permanent consequences such as credit rating damage, deduction of welfare if applicable and court enforced fines for any damages etc.

    A proper system.



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  • Registered Users Posts: 287 ✭✭dennis72


    "A proper system"

    Sorry my friend no votes in that option



  • Registered Users Posts: 20 TenMoreMinutes


    This right here is the dream. However, a properly resourced body to expedite dispute resolution will not be seen as a positive move for tenants by activist groups as they refuse to look more than a month into the future.

    A properly resourced body allows landlords to have more agency over their property, and as we have seen this is a critical motivating factor for LLs to stay in the market. But, a properly resourced body means tenants won't be able to get a few extra months in the LLs property by appealing NoTs with the backlog currently in the RTB, so opposition parties and activists will not go for it at all.

    Short-sighted housing activists don't care about crashing the market into the ground over the next 12-24 months, because they think it will further their goal of state-owned cost rental housing being the only solution if the situation gets worse. But an undersupplied sector with growing demand needs a consistent measure of investment to keep up, and everything they are calling for (eviction bans, advocating overholding, vilifying landlords) is detrimental to that investment.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    You need the Govt to build social housing, not suck up all the private rental market stock, B&B's AirBnBs, Hotels, etc. All because it won't build the housing it needs.

    More than a third of all tourist beds in Ireland are contracted to the Irish Government.



  • Registered Users Posts: 20 TenMoreMinutes


    While I do agree that the govt need to build social housing, it is not realistic to expect that to be the silver bullet that people think it is. If the govt start spending the housing budget on buying houses with council tenants in situ to bolster the social housing supply, it will not build a single house. Other than loosening restrictions for new builds or tax exempting new builds who rent different categories of properties below certain thresholds I don't have a solution for that.

    What we do need is an incentive for landlords to stay in the market that also benefits tenants and boosts the benefits for investment in new housing developments. As all properties must now be registered with the RTB, I would put in place a tax relief for LLs who lower their rent, so that the tenant pays a decent amount less, and the LL takes home a bit more.

    Forgive the ballpark nature of the below figures as an example:

    A LL has a property that is rented out for €2,000pm currently (€24,000pa), taxable at the higher rate of 40%, the LL pays €9,600 tax taking home €13,400pa. If said LL avails of a scheme verified through their RTB registration information where they lower the rent on that property by 20%, dropping it to €1,600pm (€19,600pa), that income can be taxed at the lower band of 20%, so the LL would pay €3,920pa of tax leaving €15,680pa for them to take home.

    The tenant gets a 20% reduction in rent, the landlord gets a 15% rise in net income and hopefully is incentivised to avail of the scheme, drop the rent, and stay in the market, and that could help in fighting private LL attrition.

    Of course, the exchequer won't be too pleased at losing €5,080pa a pop, so this might not be a runner, but it's a better strategy than another eviction ban...



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997



    For some reason people are fixated on LLs and rental income as the problem and the solution to this. LLs don't build houses, the private LL's are in it to for profit through private rentals, hence the name. They are not in it to provide housing at cost, or at a loss. You need to look at someone else to provide that housing. The rental crisis and housing in general crisis will not be solved by focusing solely on LLs. The Govt, and others have shifted focus from the Govt to LLs. People have bought this Hook, Line and Sinker. Hence why people keep fixating on LLs.

    A third of all tourist beds are no now being used for housing. Think about that. It not more hotels we need. Its housing. We don't need more private LLs to be diverted into social housing. You need the Govt to provide social housing.

    Also

    • There is no point in tax break on rent when you've a rent cap in place. Because the issue with rent cap is not simply the rental income.
    • There aren't enough LL's entering the market to replace the ones leaving. Those LLs are not restricted by rent caps. Suggesting again its not rental income thats the primary issue.
    • If a tenant overholds for a few years, and causes a lot damage. Tax breaks do nothing for the LL in those situations.

    If the market is at it historic high rents, and people are getting out of the business. It not solely income thats the problem.



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  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    I think most landlords would be happy to be able to just choose to bypass the RTB and go straight to the courts. The whole RTB mess is the problem. Its like a swamp to stop you getting a move on with whatever issues need to be sorted between tenants and landlords.

    Any other body would just be another RTB. And landlord would be paying for that body too on top of the RTB.



  • Registered Users Posts: 18,202 ✭✭✭✭Bass Reeves


    They it put more terms and conditions in place to encourage them to continue to f@@k off.

    LL are too suspicious of government. A tactic like that would cause fear that 3-5 years time with rents reduced that government would withdraw the relief and LL would be caught with reduced rental yields.

    Anyway many LL that are leaving have below market rents anyway. Many are seeing rental yields impacted by higher costs inc regulation costs.

    If government want LL to stay put they need to bring in incentives and not be bring in more hoops to jump through.

    Slava Ukrainii



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    More schemes and rules and regulations. If you want to put a tax break for landlords then just do it.

    Across the entire sector. Make it exactly the same as the rent a room scheme. Just adjust for the amount of rooms in the property.

    Earn €14,000 before tax for 1 bed apartment.

    €18,000 for a 2 bed

    €24,000 for a 3 bed

    and so on.

    No extra red tape or rules or forms or applications or registrations. Make it simple. Easy to understand.

    Even that would probably not be enough to keep landlords in but at least its a simple start.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    The idea is the RTB resolves issues so they don't need to go to court and incur further costs.

    Most should not need to go to court. But if they do it adds a big delay, just compounding the costs for the LL.

    Ultimatey. Fixing the RTB or fast courts isn't going to fill the massive shortfall in housing.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Being able to bypass the RTB would be fixing it. Its a disaster, and a big part of the reason no landlords want to stay in the business.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    It would make disputes that previously didn't go to court take even longer, and cost vastly more. What's the point.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    I know couple of people that would be only too delighted to be able to go straight to the courts at this point. Both over 4 years now trying to get tenants out. Things only actually started moving recently for one of them when they got to go to court. The other is still waiting on the RTB to finish up their lazy part in the fiasco.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    That ignored what I asked completely.

    The RTB doesn't take 4 yrs if that's what you're implying.



  • Registered Users Posts: 20 TenMoreMinutes


    In fairness, 4 years is not the timeline that it normally takes to get things through the RTB in the normal course of things. Something must have gone wrong on the LL side of things (which happens) in terms of an RTB decision or invalidation in some part of an initial process. With everything done properly, it takes roughly 18 months to get to a district court hearing, from notice given, adjudication, tribunal, and binding determination, then waiting for a district court hearing. I know this because it's the exact situation I am in right now, and although it has felt like 4 years, it hasn't taken quite that long even with considerable time between each stage of the process despite us carrying out the steps at the earliest possible points. 18 months is still a ridiculous amount of time to get something sorted, but I have a feeling that your examples may be missing some information to account for that time.



  • Registered Users Posts: 1,273 ✭✭✭The Spider


    190 a month??? Sorry not enough to stop people pulling out, 5-600 minimum



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  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Lets say a landlord wanted to sell up and handed hos notice in today. How long do you think the RTB are going to add to the process to sell the house if the tenant decides they are not leaving?

    Hint : It wouldnt be measured in months.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    And my point is that even in your own case you could have saved yourself 18 months by going straight to the courts. If one of your teneants decided to have a strategic nervous breakdown during your 18 month RTB process you could easily add on a lot more time to that.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997




  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    Going to court it's a lot more expensive then the RTB if you don't need to. It's not viable in the vast majority of cases.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Well it should be more expensive. Its worth it for the better, quicker service. The cost would also concentrate the minds of all involved (landlord and tenant) if they all had something to lose should they be in the wrong.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    I'm not sure you get how the business works.

    If you have a dispute about a deposit spending 10k and 2yrs to get to court makes no sense if you get to RTB for free and in 3-4 months.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Maybe not. Ive only been in it for the guts of 20 years.

    I cant believe anyone thinks that the RTB works tbh. And worse that someone actually suggested adding in another quango on top to make things better.

    Deposits are the least of the problems with tenancies. Its vexatious actions that are the problem that needs to be solved. This costs one side an absolute fortune, while the other side gets off totally free. There is no downside to a tenant for a vexatious action they take. RTB is a pointless waste of time and money in the vast majority of cases.



  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    You'll have to provide some stats to prove its a waste of time and money for the "vast majority" of cases...vs going to court and how long that takes and costs.

    Rental Disputes in 2020


    Rent Arrears (31%)

    Deposit retention (27%)

    Breach of Landlord obligations (20%),

    Rent arrears or rent arrears and overholding, 19%


    58% of dispute applications were made by tenants and

    39% by landlords.


    80% of Telephone Mediation cases ended with an agreement

    In my experience when people hear that the "advice" they got is wrong officially from the RTB, they often fall in line. Some won't and it will have be taken further.

    I'd love to know how many end up in court and of those what is the average cost, and how often the LL recovers their costs and money owed.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Its simple enough. Ask anyone who has had to deal with the RTB to get a tenant to move out and ask them how much fun it was.

    I think we will agree to disagree here. Im just not going to get into an argument of how efficient the RTB are. Waste of my time tbh.



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  • Registered Users Posts: 11,627 ✭✭✭✭Flinty997


    I asked you to prove your assertion with stats, and you can't.

    You looking at one issue in isolation and ignoring the rest.



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