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22-06-2020, 21:51   #31
Gumbo
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Originally Posted by frw5 View Post
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.
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22-06-2020, 21:54   #32
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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?
The situation you have been put in is not fair.

The Government wants to prioritise the right of tenants to stay in their current accommodation over the rights of the landlord to earn rent, regain possession to live in their own property, or regain possession to sell their own asset. They don't care if you become homeless because of this. They don't care if you suffer financial hardship. They only care about your tenant.

You need to accept this. Its sickening, but its not going to change. In theory, you can chase the tenant through the courts for rent arears. In practice, its to expensive to go to the trouble of securing a judgement which you would be a lifetime collecting (or trying to collect). Talk to your local TD - I doubt you will make any more progress than I did.
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23-06-2020, 07:26   #33
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This has made me homeless....where is the social awareness in that?
I have worked my entire life to get this house ....
Firstly, you're not back in Ireland, so you're not homeless yet.

Secondly, and I appreciate this will sound harsh; you have to take some personal responsibility here. There was always the possibility that the ban would be extended because no one knew what the economic effects of COVID would be. This was raised when the roadmap was announced last month, and I'm sure there was some talk of it even before that.

So to give up your primary residence thinking everything would be back to normal when you returned was, let's be honest, foolish. Being a landlord isn't a hobby you can dabble in; it's a business. And in business there's always the chance you can lose what you've invested.

Thirdly; to be a bit helpful - you have two things in your favour. Firstly, the length of the lease means Part 4 protections won't kick in. Secondly, even if they did, the landlord wanting to live in the property is a valid grounds for ending a tenancy. I suggest you get proper, professional advice about how to handle this. There is some guidance on the RTB website here - https://www.rtb.ie/ending-a-tenancy/...ding-a-tenancy.

Lastly, you've presumably registered the tenancy with the RTB, but if you haven't I suggest you do so quickly.
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23-06-2020, 08:13   #34
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Would the OP have been able to predict Coronavirus 6 months ago?

Can you register tenancies of less than 6 months with the RTB?
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23-06-2020, 08:25   #35
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OP,

If I was you I would inform the tenant that their lease is up at the end of the 6 months and that they will vacate your property. They are not getting a choice in this. Tell them they need to start looking for a new place.

There are people you can hire that will assist them in moving out on time on the eviction day. They'll even help move some of their possessions out of the property. I've heard that they can be rough sometimes and possessions get broken or lost. Your tenant should bear that in mind.

That's my advice.
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23-06-2020, 08:32   #36
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Originally Posted by NuMarvel View Post
Firstly, you're not back in Ireland, so you're not homeless yet.

Secondly, and I appreciate this will sound harsh; you have to take some personal responsibility here. There was always the possibility that the ban would be extended because no one knew what the economic effects of COVID would be. This was raised when the roadmap was announced last month, and I'm sure there was some talk of it even before that.

So to give up your primary residence thinking everything would be back to normal when you returned was, let's be honest, foolish. Being a landlord isn't a hobby you can dabble in; it's a business. And in business there's always the chance you can lose what you've invested.

Thirdly; to be a bit helpful - you have two things in your favour. Firstly, the length of the lease means Part 4 protections won't kick in. Secondly, even if they did, the landlord wanting to live in the property is a valid grounds for ending a tenancy. I suggest you get proper, professional advice about how to handle this. There is some guidance on the RTB website here - https://www.rtb.ie/ending-a-tenancy/...ding-a-tenancy.

Lastly, you've presumably registered the tenancy with the RTB, but if you haven't I suggest you do so quickly.

Victim blaming is ok. As long as the victim is a landlord.
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23-06-2020, 08:45   #37
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Victim blaming is ok. As long as the victim is a landlord.
Saying that becoming a landlord should be treated like starting any other business isn't victim blaming.

I sincerely hope things work out for the OP, and the tenant. I don't want to see anyone homeless. But these measures were brought in to stop just that, and overall they are having an effect. I appreciate that's cold comfort to the OP, but what was the alternative?
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23-06-2020, 08:57   #38
NuMarvel
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Originally Posted by Graham View Post
Would the OP have been able to predict Coronavirus 6 months ago?

Can you register tenancies of less than 6 months with the RTB?
The OP couldn't have predicted the coronavirus, but they could have accounted for the possibility of difficulties in moving back into their own home at the end of the tenancy for other reasons, eg overstaying and difficult tenants.

I know that sounds harsh, but this is the OP's own home we're talking about; if it were me I'd have considered every potential scenario before deciding to give it a complete stranger.

As for tenancy registrations, tenancies of less than 6 months aren't one of the exemptions on the RTB site. But happy to be corrected if I'm missing anything.
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23-06-2020, 09:03   #39
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The OP did nothing wrong here.
They made an agreement between themselves and another adult that suited them both.
One party is not holding up their end of the agreement.

They have been screwed by the heavily weighted and unfair system.
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23-06-2020, 09:08   #40
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Originally Posted by Pintman Paddy Losty View Post
OP,

If I was you I would inform the tenant that their lease is up at the end of the 6 months and that they will vacate your property. They are not getting a choice in this. Tell them they need to start looking for a new place.

There are people you can hire that will assist them in moving out on time on the eviction day. They'll even help move some of their possessions out of the property. I've heard that they can be rough sometimes and possessions get broken or lost. Your tenant should bear that in mind.

That's my advice.
Do not give "advice" which breaches the law (in multiple ways, at that) again
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23-06-2020, 09:12   #41
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There's a very simple solution for the OP here - go and rent.
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23-06-2020, 09:13   #42
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Originally Posted by NuMarvel View Post
Saying that becoming a landlord should be treated like starting any other business isn't victim blaming.

I sincerely hope things work out for the OP, and the tenant. I don't want to see anyone homeless. But these measures were brought in to stop just that, and overall they are having an effect. I appreciate that's cold comfort to the OP, but what was the alternative?
Name any other business in the world that if the provider stops providing a service when the customer stops paying , the provider will be fined.
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23-06-2020, 09:15   #43
seamus
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Originally Posted by Pkiernan View Post
Name any other business in the world that if the provider stops providing a service when the customer stops paying , the provider will be fined.
Electricity supply.

The ESB cannot cut off an occupied property for non-payment, and the regulator will crucify them if they did.

This is what happens when you're in the special category of sevice providers providing essental human needs. You have to accept the fact that the needs of the individual are more important than the profits of the business.
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23-06-2020, 09:24   #44
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Originally Posted by seamus View Post
Electricity supply.

The ESB cannot cut off an occupied property for non-payment, and the regulator will crucify them if they did.

This is what happens when you're in the special category of sevice providers providing essental human needs. You have to accept the fact that the needs of the individual are more important than the profits of the business.
I know it's off topic but it seems that doesn't seem correct.

From the regulators site.
"A customer cannot be disconnected if they have agreed a payment plan and are meeting all payments."
https://www.cru.ie/home/customer-car...es-of-practice

and
"Occasionally disconnections take place when a customer has built up significant arrears and is not engaging with their supplier to make arrangements to address the situation."
https://www.cru.ie/home/customer-car...disconnecting/

Last edited by timetogo1; 23-06-2020 at 09:27.
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23-06-2020, 09:30   #45
NuMarvel
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Originally Posted by Pkiernan View Post
Name any other business in the world that if the provider stops providing a service when the customer stops paying , the provider will be fined.
The law allows for the eviction of non-paying tenants, so I'd be surprised if there were fines for doing that. Maybe you're confusing this with fines where the LL didn't follow the rules and laws around evictions? Because that's a different matter.

Then again, if I'm wrong, feel free to cite some examples. I'd be interested in seeing precisely what part of the Acts allow this.
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