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23-06-2020, 12:03   #61
cronos
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How is this being applied in the rent a room owner occupier space?
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23-06-2020, 12:09   #62
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How is this being applied in the rent a room owner occupier space?
According to the RTB, the emergency legislation applies to all accommodation types, even those not normally covered by tenancy laws.
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23-06-2020, 12:19   #63
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That proves Claw's point. If you're going to become a landlord, and the laws make things difficult for landlords, then this should have been considered by the OP when deciding whether to be a landlord.
No it doesn't. He implies there is something a LL can do about it.
There isn't. Other than not be a LL.
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23-06-2020, 12:25   #64
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Past behaviour is the most accurate predictor of future behaviour. I think that in Ireland there seems to be an issue with recognizing who a good tenant is (or even who is a decent person - the type who isn't going to screw you over). I have seen first hand that you can have references from various different sources (long term, short term, agency, landlord, employment) aswell as statement of savings and employment confirmation and history and a landlord or an agent acting on their behalf will pass on you for a property letting. It makes no sense. The end result is that they end up with a bad tenant and it costs multiples of the rent. Landlords in most cases don't seem to realise that they are providing a service that a tenant is paying for and if they charge over the top rents, they are not treating their customer fairly. I have very little sympathy for somebody who rents out a 1 bed shoebox for €1800 and then wonders why they get taken advantage of when they cannot do their due diligence and recognise a bogey. I hope it works out for the OP but how did they end up with a nightmare tenant. There's enough demand out there for rental property and enough good tenants that if you end up with a bad tenant it's invariably your vetting that is the problem.
There is no vetting you can do that can't be fooled by professional fraudsters.
Because we don't have any sort of official vetting system and people object to any personal data in such a system.

There are fraudsters at every price point. Arguably more at lower price point. So that makes zero sense.

What is a fair rent exactly? Say a million euro penthouse. Whats a fair rent for that.
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23-06-2020, 12:36   #65
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That proves Claw's point. If you're going to become a landlord, and the laws make things difficult for landlords, then this should have been considered by the OP when deciding whether to be a landlord.
It was considered. 6 month contract started in October , ended EO March.

Worst case scenario as assessed before October - risk was that 3 extra months notice will be given after the EO March - House needed for August.

The title here is 'Eviction ban is extended' - this risk was impossible to predict.

When the add went up on Daft , around 950 emails were received.
Tenants were vetted, the price was fair...they agreed to a 6 month contract

But now Why would tenants look for new accommodation if they don't have to?
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23-06-2020, 12:42   #66
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People don't get how broken the system is. (or these new rules) They only see one side of it.
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23-06-2020, 12:44   #67
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No it doesn't. He implies there is something a LL can do about it.
There isn't. Other than not be a LL.
When a LL is renting out their own home while they are out of the country, one of the things they could do is make a plan for the possible scenario that there will be delays in getting their home back when they return to Ireland.
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23-06-2020, 12:55   #68
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This thread is illustrative of how the law can be an ass.

Quite clearly a landlord should be allowed to live in their own property if they wish to.

Anyone who says otherwise has a biased agenda.

Op, I still don't understand if you have a 6 month contract with these nightmare tenants, that you should be at least to get rid of them when the latest extension is up in July.

Imho, the rtb should keep a database of troublesome tenants for would be landlords as a safety net against poor tenancies....
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23-06-2020, 13:18   #69
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Op, I still don't understand if you have a 6 month contract with these nightmare tenants, that you should be at least to get rid of them when the latest extension is up in July.

This is what i was hoping for the 27th on June but now that it is extended and possibly will be extended after the 20th of July . I have no idea what to do
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23-06-2020, 13:21   #70
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When a LL is renting out their own home while they are out of the country, one of the things they could do is make a plan for the possible scenario that there will be delays in getting their home back when they return to Ireland.

I think the point been made is that LL shouldnt have to do this. Why should it be the LL that suffers always. If it were the tenant who wanted to leave early nothing happens, the landlord is at a lost. If the Tenants wants to stay longer and the Landlord doesnt want them to , the landlord is at the lost.

Its always a lose, lose scenario for the landlord. Even when it goes to court if a landlord wins, no chance of getting the compensation awarded.

The system needs to be more balanced and fairer for all.
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23-06-2020, 13:33   #71
phantasmagoria
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There is no vetting you can do that can't be fooled by professional fraudsters.
Because we don't have any sort of official vetting system and people object to any personal data in such a system.

There are fraudsters at every price point. Arguably more at lower price point. So that makes zero sense.

What is a fair rent exactly? Say a million euro penthouse. Whats a fair rent for that.
So not bad tenants per se...now it is professional fraudsters that are the issue.

A fair rent is very easy to determine. Take as a percentage of median income and what type of dwelling a person would/should live in from a probability perspective. Look at data and go from there. If your average Joe and Joanne come out with €4k per month after tax and are renting a 1 bed apartment on the outskirts of town, I think 1,300 to 1,800 would be the range that could be deemed fair. Note, the higher end would be a really nice unit. If the concept of fairness eludes, no wonder we have trouble.

Million euro penthouse? I'd imagine a fair rent if it's an impressive place would be in the region of 4,500 to 6,500 a month.
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23-06-2020, 13:36   #72
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Whats a proper plan?

There is only one plan, the legal framework, which ties the LL hands behind their back.
A proper plan is one that deals with contingencies. What happens if the rent is not paid. What happens if there is damage or anti social behaviour. The o/p appears to have assumed that all he had to do was sign a 6 month lease, come back after 6 months and wak in the door.
Now he is crying about homelessness.Nothing has happened which mightn't have happened anyway, Covid or no Covid.
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23-06-2020, 13:36   #73
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This thread is illustrative of how the law can be an ass.

Quite clearly a landlord should be allowed to live in their own property if they wish to.

Anyone who says otherwise has a biased agenda.
No daithi

if we leave aside the temporary covid specific eviction ban which is a time limited measure to address the extraordinary situation and look at the basic principal ....

contract law says different. its not biased, to say that both sides of the contract should abide by their contractual obligations.

Quote:
If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)
You cannot make your property someone else home and then turf them out when it suits you. You have to follow the letter of the law. and the law states they can end a tenancy by issuing a valid notice of termination.

However this is a case of fixed term rental, and that is a little different because in a fixed-term tenancy, the landlord cannot normally end the tenancy unless you are in breach of your obligations.

Most businesses in Ireland operate under the regulation of law, and being a landlord is not exception to the rule.

I said earlier i sympathies with the OP. Im sure most people do. But he wants to visit his problem on his paying tenants, despite a contract being signed and the tenants to the best of our knowledge upholding their obligations.

Why should they suffer because of the landlords difficulties?
You cannot unilaterally change the terms of a written contract, the terms of which the OP agreed to when the contract was signed.
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23-06-2020, 13:39   #74
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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.
Hi OP, Just a few questions, still unsure:
When was the initial 6 months up? Were they meant to be gone before mid March?
Are they now not paying rent at all?
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23-06-2020, 13:43   #75
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No daithi

if we leave aside the temporary covid specific eviction ban which is a time limited measure to address the extraordinary situation and look at the basic principal ....

contract law says different. its not biased, to say that both sides of the contract should abide by their contractual obligations.



You cannot make your property someone else home and then turf them out when it suits you. You have to follow the letter of the law. and the law states they can end a tenancy by issuing a valid notice of termination.

However this is a case of fixed term rental, and that is a little different because in a fixed-term tenancy, the landlord cannot normally end the tenancy unless you are in breach of your obligations.

Most businesses in Ireland operate under the regulation of law, and being a landlord is not exception to the rule.

I said earlier i sympathies with the OP. Im sure most people do. But he wants to visit his problem on his paying tenants, despite a contract being signed and the tenants to the best of our knowledge upholding their obligations.

Why should they suffer because of the landlords difficulties?
You cannot unilaterally change the terms of a written contract, the terms of which the OP agreed to when the contract was signed.

And if someone rent for six months they should fcuk off after 6 months whats wrong with that leftie


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