Eviction Ban extended

curious minds · 22-06-2020 09:12AM #1

Eviction Ban has been extended until July 20th

and possibly will be extended further ......due to political interests and games

https://www.independent.ie/irish-news/politics/the-big-read-rents-will-be-frozen-and-evictions-banned-as-parties-in-final-play-for-power-39302355.html

What does this mean for the future of renting in Ireland?

Personally I have rented my house out for 6 months only as I went travelling and was planning to return and go back to my job in August.

Now this is no longer possible. I am a homeless homeowner.

It is the first time I am renting out.....I never expected to not be able to have my home back. Tenant has been a nightmare since the beginning and is refusing to leave. I do not want to evict illegally but I don't want to be homeless either.

frw5 · 22-06-2020 09:16AM

Finally, long overdue!

When it comes to your situation, you made an investment/bet, it didnt pay off. Why where you betting in the first place?

22-06-2020 09:24AM

frw5 wrote: »

Finally, long overdue!

When it comes to your situation, you made an investment/bet, it didnt pay off. Why where you betting in the first place?

If investors don’t “bet”, where do you think rental properties would come from?

frw5 · 22-06-2020 09:26AM

I am not saying not to bet but If I made a bet I wouldn't cry afterwards why have I lost the bet.
The situation here is very clear.
And yes I would empathise with someone doing this to cover medical expenses but cant empathise with someone renting to go do something which clearly financially was out of their reach.

JimmyVik · 22-06-2020 09:29AM

curious minds wrote: »

Eviction Ban has been extended until July 20th

and possibly will be extended further ......due to political interests and games

https://www.independent.ie/irish-news/politics/the-big-read-rents-will-be-frozen-and-evictions-banned-as-parties-in-final-play-for-power-39302355.html

What does this mean for the future of renting in Ireland?

Personally I have rented my house out for 6 months only as I went travelling and was planning to return and go back to my job in August.

Now this is no longer possible. I am a homeless homeowner.

It is the first time I am renting out.....I never expected to not be able to have my home back. Tenant has been a nightmare since the beginning and is refusing to leave. I do not want to evict illegally but I don't want to be homeless either.

I understand your frustration.

This is where they have been headed for years now.
Covid just gave them the excuse to do it.
This will be permanent soon enough.
And also you will not be able to sell a property with a tenant in it unless the tenant can stay during and after the sale.

I was looking at property investment for a few years now and it is just toxic in Ireland.
People are mad to rent out their property in Ireland, even if they think it will only be short term.

There may be a window between when Covid measures stoip and when they bring in permanent legislation that you can get your house back, but you probably should start the ball rolling and get a solicitor to show you how to prepare to get your house back right after covid.

frw5 · 22-06-2020 09:33AM

JimmyVik wrote: »

I was looking at property investment for a few years now and it is just toxic in Ireland.

And paying humongous rent because you havent inherited a fortune isn't toxic?

Elessar · 22-06-2020 09:35AM

curious minds wrote: »

Eviction Ban has been extended until July 20th

and possibly will be extended further ......due to political interests and games

https://www.independent.ie/irish-news/politics/the-big-read-rents-will-be-frozen-and-evictions-banned-as-parties-in-final-play-for-power-39302355.html

What does this mean for the future of renting in Ireland?

Personally I have rented my house out for 6 months only as I went travelling and was planning to return and go back to my job in August.

Now this is no longer possible. I am a homeless homeowner.

It is the first time I am renting out.....I never expected to not be able to have my home back. Tenant has been a nightmare since the beginning and is refusing to leave. I do not want to evict illegally but I don't want to be homeless either.

I'm sorry for your troubles OP. Not to add to the bad news but you can bet your bottom dollar the ban will be extended until well into the new year, as it will be seen cruel not to so close to christmas.

It's a rock and a hard place for people like yourself. What does it mean for the future of renting? Most likely that REITs will be the vast majority of landlords as many smaller landlords will just leave the sector - well, that's if they can, the Green party's manifesto will be removing the grounds of selling a property as a valid reason for terminating a lease.

marieholmfan · 22-06-2020 09:36AM

Did your tenants sign a six month lease?

curious minds wrote: »

Eviction Ban has been extended until July 20th

and possibly will be extended further ......due to political interests and games

https://www.independent.ie/irish-news/politics/the-big-read-rents-will-be-frozen-and-evictions-banned-as-parties-in-final-play-for-power-39302355.html

What does this mean for the future of renting in Ireland?

Personally I have rented my house out for 6 months only as I went travelling and was planning to return and go back to my job in August.

Now this is no longer possible. I am a homeless homeowner.

It is the first time I am renting out.....I never expected to not be able to have my home back. Tenant has been a nightmare since the beginning and is refusing to leave. I do not want to evict illegally but I don't want to be homeless either.

frw5 · 22-06-2020 09:42AM

I am by no means against a landlord profiting from renting, but they have went to an absolute extreme, they've overplayed their cards, they've pushed a large portion of people living in this country over the edge by insane high rents based on few bad experiences instead of making efforts to better control the bad tenants, something similar what was done with the car insurance industry.
It's about time they feel a strong push back.

JimmyVik · 22-06-2020 09:49AM

frw5 wrote: »

And paying humongous rent because you havent inherited a fortune isn't toxic?

Whats that got to do with someone who rented out their house to someone for 6 months and cant get their house back after the 6 months?
I think you are being a bit toxic there yourself.
I dont know too many people who bought houses who have inherited a fortune, or anything for that matter.
Why do you think rents have been going up?
Would it be to do with it being uneconomical and toxic for landlords who are supplying them by any chance? Well they are being forced out. And that means rents wont be getting any cheaper. The opposite in fact. Be careful what you wish for. Youve got it.

Graham · 22-06-2020 09:50AM

Mod Note

frw5, take the off-topic landlord bashing somewhere else.

Do not reply to this post.

frw5 · 22-06-2020 09:56AM

JimmyVik wrote: »

Be careful what you wish for. Youve got it.

You are right there, my rent got decreased, and look and behold the landlord is still alive and not generating loss. :rolleyes:

I think I am on topic because this is a perfect example on how someone tried to use the situation to rent a property to go on a spending spree. It is a perfect example where this type of investment only reflects negatively on society. Luckily it seems we are slowly coming out of Dark Ages. Over and out.

Xterminator · 22-06-2020 09:58AM

curious minds wrote: »

Eviction Ban has been extended until July 20th

and possibly will be extended further ......due to political interests and games
.

Hi Op

first and foremost it is done to arrest tenants being made homeless. And that is not primarily political or games , they are people - each case is individual.

the covid situation is unique, and shutdown of the economy was a unique reaction to it. Due to covid. there are a lot of people not working - with only a basic income provided by the state.

Landlords business has been affected by covid. At least your business is 'open'. What about barbers and publicans etc. Often self employed, or small businesses with zero income. Forbidden to open their business doors.

I sympathise with your personal circumstance, but try a little social awareness.

theteal · 22-06-2020 10:01AM

OP, what do you mean by you "do not want to evict illegally"? How do you think you could get them out?

If they're still paying the rent, you're not actually in a bad position. They could easily stop and it'll still take you an age to get them out. Hopefully it doesn't come to that.

Graham · 22-06-2020 10:02AM

Mod Note

frw5, do not post in this thread again.

marieholmfan · 22-06-2020 10:04AM

theteal wrote: »

OP, what do you mean by you "do not want to evict illegally"? How do you think you could get them out?

If they're still paying the rent, you're not actually in a bad position. They could easily stop and it'll still take you an age to get them out. Hopefully it doesn't come to that.

If he signed a six month tenancy they will be prepared to move (especially in a market in which rents are static or slightly falling). The problem is almost certainly a non problem. If he signed a years tenancy with the intention of evicting them after his return from 'travelling' then he certainly deserves no sympathy.

timetogo1 · 22-06-2020 10:06AM

curious minds wrote: »

Now this is no longer possible. I am a homeless homeowner.

It is the first time I am renting out.....I never expected to not be able to have my home back. Tenant has been a nightmare since the beginning and is refusing to leave. I do not want to evict illegally but I don't want to be homeless either.

Well what do your tenants say? Presumably you had a lease for the 6 months. They may have planned to move on at the end of the 6 months. They're not being forced to stay until 20th July.

22-06-2020 10:09AM

I'm sorry for your troubles OP but there are risks to renting out property, including that it might not be available when you want it.

curious minds · 22-06-2020 10:13AM

Xterminator wrote: »

Hi Op

first and foremost it is done to arrest tenants being made homeless. And that is not primarily political or games , they are people - each case is individual.

the covid situation is unique, and shutdown of the economy was a unique reaction to it. Due to covid. there are a lot of people not working - with only a basic income provided by the state.

Landlords business has been affected by covid. At least your business is 'open'. What about barbers and publicans etc. Often self employed, or small businesses with zero income. Forbidden to open their business doors.

I sympathise with your personal circumstance, but try a little social awareness.

This has made me homeless....where is the social awareness in that?
I have worked my entire life to get this house ....

curious minds · 22-06-2020 10:15AM

marieholmfan wrote: »

If he signed a six month tenancy they will be prepared to move (especially in a market in which rents are static or slightly falling). The problem is almost certainly a non problem. If he signed a years tenancy with the intention of evicting them after his return from 'travelling' then he certainly deserves no sympathy.

Well they are not prepared to move. As I said signed 6 months.
But they are taking advantage of the situation and refusing to look for something else.

marieholmfan · 22-06-2020 10:19AM

curious minds wrote: »

Well they are not prepared to move. As I said signed 6 months.
But they are taking advantage of the situation and refusing to look for something else.

OK this is a tough situation. Send a letter informing them that their tenancy ends on the relevant date, that they must continue to pay rent while overholding and that even though you will accept this rent that does not mean that they have a tenancy.

Basically end the tenancy on time and register your claim with the RTB in order to evict quickly when the time comes.

Claw Hammer · 22-06-2020 01:03PM

curious minds wrote: »

Well they are not prepared to move. As I said signed 6 months.
But they are taking advantage of the situation and refusing to look for something else.

You foolishly signed 6 months. Some adjudicators hold that you can't serve a notice of termination during the currency of a fixed term. You have to wait till the 6 months is up. After that, you serve a notice of termination on one of the grounds required in the case of a Part 4 tenancy accompanied by the necessary declarations etc.
You should have done basic research before signing a 6 month lease.

DubCount · 22-06-2020 01:26PM

Don't even consider an illegal eviction. You could end up with a significant financial penalty from the RTB and possibly have the tenant reinstated as well.

Get a solicitor. Do it right.

The system is a mess. IMHO most rental inflation over the last number of years was caused by our government implementing silly anti-landlord legislation, in stead of solving the real problem by increasing supply. unfortunately, we are where we are, and you have to play the game - even when its madness.

Expect even more pro-tenant measures, an extension of the anti-eviction term, and anything else which makes renting out a property a risky venture.

Varik · 22-06-2020 04:38PM

Claw Hammer wrote: »

You foolishly signed 6 months. Some adjudicators hold that you can't serve a notice of termination during the currency of a fixed term. You have to wait till the 6 months is up. After that, you serve a notice of termination on one of the grounds required in the case of a Part 4 tenancy accompanied by the necessary declarations etc.
You should have done basic research before signing a 6 month lease.

Actually the eviction ban could have helped the OP here.

The eviction ban put a stop on the tenant gaining time towards part 4.

Part 4 tenancies and further part 4 tenancies will not commence during the emergency period. The 3-month emergency period does not count towards the time spent as a tenant for part 4 or further part 4 tenancies.

So the leases 6 months might have expired but part 4 won't have been gained.

davindub · 22-06-2020 05:00PM

Claw Hammer wrote: »

You foolishly signed 6 months. Some adjudicators hold that you can't serve a notice of termination during the currency of a fixed term. You have to wait till the 6 months is up. After that, you serve a notice of termination on one of the grounds required in the case of a Part 4 tenancy accompanied by the necessary declarations etc.
You should have done basic research before signing a 6 month lease.

Where would the OP find research that you cannot serve notice during a fixed term lease to terminate the tenancy after the expiry of the 6 months?

godtabh · 22-06-2020 05:58PM

davindub wrote: »

Where would the OP find research that you cannot serve notice during a fixed term lease to terminate the tenancy after the expiry of the 6 months?

Its been posted here many times

22-06-2020 06:22PM

davindub wrote: »

Where would the OP find research that you cannot serve notice during a fixed term lease to terminate the tenancy after the expiry of the 6 months?

I’d be interested in that as well. Interestingly, this legal site states that no notice is necessary at all to end a fixed term tenancy of 6 months or less, presumably the fixed term agreement itself is a form of written notice that the tenancy will end on a certain date before Part 4 rights are attained. The LL is effectively giving 6 months notice of the tenancy ending.

https://www.lawyer.ie/property/ending-your-tenancy/

godtabh wrote: »

Its been posted here many times

Were those posts in relation to ending a tenancy at the end of a fixed term agreement after the tenant has gotten Part 4 rights? You have to wait until the end of the fixed term if you want to end a tenancy using any of the grounds for Part 4 terminations.

davindub · 22-06-2020 06:52PM

godtabh wrote: »

Its been posted here many times

But what was the source?

Chinese whispers I think...

curious minds · 22-06-2020 07:44PM

The issue here is not serving a 1 month notice before the 6 months lease is up
Nor serving a 3 months notice after 6 months and a Day,

Both these risks were taken into account because these were written in the low so we are all aware of these

However the 4 months eviction ban and probably more has put me in a very unpleasant situation. If the eviction ban is extended until next year . What will happen to those who only rented short term and need their house back - have nowhere else to live. ?

what happens to rent arrears? sure if a tenant can live for free for a long time with no risk of being evicted why would't they?

LeineGlas · 22-06-2020 08:40PM

DubCount wrote: »

Don't even consider an illegal eviction. You could end up with a significant financial penalty from the RTB and possibly have the tenant reinstated as well.

Get a solicitor. Do it right.

The system is a mess. IMHO most rental inflation over the last number of years was caused by our government implementing silly anti-landlord legislation, in stead of solving the real problem by increasing supply. unfortunately, we are where we are, and you have to play the game - even when its madness.

Expect even more pro-tenant measures, an extension of the anti-eviction term, and anything else which makes renting out a property a risky venture.

In fairness, it's very difficult to increase supply when it is so easy to object to development.

Gumbo · 22-06-2020 08:51PM

frw5 wrote: »

I am by no means against a landlord profiting from renting, but they have went to an absolute extreme, they've overplayed their cards, they've pushed a large portion of people living in this country over the edge by insane high rents based on few bad experiences instead of making efforts to better control the bad tenants, something similar what was done with the car insurance industry.
It's about time they feel a strong push back.

A landlord can not control bad tenants. Only the law can, and here in Ireland the law is firmly on the side of tenants, even bad tenants.

Eviction Ban extended

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