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Rent a Room Eviction Ban

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Comments

  • Registered Users Posts: 228 ✭✭roper1664


    Mic 1972 wrote: »
    Quick update for those who's been following the saga
    He packed up everything, bags are sitting in the hall, all set up and ready to move out tomorrow!
    Seems like he's moving back in with family after all

    And thanks everybody for the advise!

    Good news. You gave him good fair notice and he still made things awkward for a while. After all that, he's agreed to leave after an extension to the moving-out date.
    Seems like the lodging is ending on good terms.


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer




  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Sure it would be preposterous to ban the eviction ejection of a lodger from the homeowners house. To have a ban on such ejections would mean that a homeowner could be effectively a held to ransom within their own home by some prick of a lodger who has gotten to big for their own boots.

    there would then be no check on rogue lodgers, they would know that they are basically untouchable and could stop paying rent, damage the property, bully or abuse the homeowner or their family, safe in the knowledge that they are not allowed to be ejected.

    I personally would not stand for it in that scenario. If a lodger got smart with my in that vein I would give them one warning to cop op. After that I would catch them up be the neck and forcibly propel them head first through the door and I would deal with whatever the consequences might be.

    Knowing the courts in this country, it'll be the probation act, a donation to the poor box, a recognisance of the difficult situation I found myself in and possibly my name in the court pages of the local rag.


  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    I would deal with whatever the consequences might be.

    Knowing the courts in this country, it'll be the probation act, a donation to the poor box, a recognisance of the difficult situation I found myself in and possibly my name in the court pages of the local rag.

    What if the consequences were a mandatory injunction, directing you to allow the lodger continue to reside in the property?


  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    I would have big doubts that a court would order that I must allow someone who is a threatening abuser live in my home knowing full well that they will most likely not pay.

    However, if that did happen, I would appeal it and I would challenge it on the basis that the order is unconstitutional as it runs afoul of the inviolability of the citizens dwelling.

    Furthermore, I would state that I need the space in the house for immediate family and I would have them move in for a while. The order would then conflict with Article 41 and the family ought to be prioritised.


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  • Registered Users Posts: 6,133 ✭✭✭Claw Hammer


    I would have big doubts that a court would order that I must allow someone who is a threatening abuser live in my home knowing full well that they will most likely not pay.

    However, if that did happen, I would appeal it and I would challenge it on the basis that the order is unconstitutional as it runs afoul of the inviolability of the citizens dwelling.

    Furthermore, I would state that I need the space in the house for immediate family and I would have them move in for a while. The order would then conflict with Article 41 and the family ought to be prioritised.

    You may be told to allow them stay pending appeal.


  • Registered Users Posts: 993 ✭✭✭Time


    You may be told to allow them stay pending appeal.

    One of the principles of equity is that you seek equitable relief with "clean hands" a lodger refusing to pay wouldn't really meet this criteria and probably wouldn't be entitled to an injunction as a result.


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