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Eviction Ban extended

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  • Options
    #332
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    FAILSAFE 00 wrote: »
    Or just bring the tenants swifly before the courts to be held accountable for their own actions.

    The parties would be short lived then.

    Just what the Court system needs, thousands of College students charged with having a party and making a bit of noise.


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    #333
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Crimsonred wrote: »
    ...
    My point is that landlords make such a killing during college term in that part of the city that many of them are happy to leave their houses empty for the summer and to do whatever redecorating is needed for the next influx of students the following year.
    ....

    A lot of students actually have to hold the houses during the summer (unwillingly maybe) so they'll have them after the summer.

    I thought people didn't want short term lets anyway.

    https://www.irishexaminer.com/breakingnews/ireland/new-figures-suggest-cork-landlords-flouting-new-airbnb-laws-956838.html

    I'm losing track of which new law you want the landlord to break here.


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    #334
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Dav010 wrote: »
    Just what the Court system needs, thousands of College students charged with having a party and making a bit of noise.

    Don't need to. They've already got a patsy in the LL.


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    #335
    FAILSAFE 00
    Registered Users Posts: 5,416 ✭✭✭FAILSAFE 00


    Dav010 wrote: »
    Just what the Court system needs, thousands of College students charged with having a party and making a bit of noise.

    This has gone far beyond that in this case if the landlord is being brought to court.

    If tenants continue to breach the peace they should indeed be prosecuted. Student or not. There wouldn't be much excessive parties that breach the peace if this was the outcome.


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    #336
    Crimsonred
    Registered Users Posts: 99 ✭✭Crimsonred


    beauf wrote: »
    A lot of students actually have to hold the houses during the summer (unwillingly maybe) so they'll have them after the summer.

    I thought people didn't want short term lets anyway.

    https://www.irishexaminer.com/breakingnews/ireland/new-figures-suggest-cork-landlords-flouting-new-airbnb-laws-956838.html

    I'm losing track of which new law you want the landlord to break here.

    I'm not sure about that, from my knowledge of the area some landlords let their houses idle for the summer, others rent them out cheaply from June to August.

    In a normal year there would be some students around for the summer but most of them either go home or abroad.

    What the locals want is an end to anti-social behaviour by students, is that too much to ask?

    Are these people entitled to the "peaceful occupation of their homes", as legally defined, or not?


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    #337
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    Does anybody know if the rent restrictions and restrictions around issuing a notice of termination are also extended to August 10 or do they stay at July 20??


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    #338
    PommieBast
    Registered Users Posts: 2,591 ✭✭✭PommieBast


    PHG wrote: »
    With regards to the UK market (I know a little off topic), I assume it is a 25% deposit for a property?
    You can get 90% LTV mortgages in UK although I do not know whether they will entertain non-residents.


    The reason i ask is, I am considering moving to London with my work (Hertfordshire area and buying a property on my own for 350k-400kGBP) in 18months ish.
    Which part of Herts? For that price range some of the new build dotted around the area between Berkhamsted and Hemel Hempstead may be worth consideration.


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    #339
    Crimsonred
    Registered Users Posts: 99 ✭✭Crimsonred


    beauf wrote: »
    Don't need to. They've already got a patsy in the LL.

    The landlord owns multiple properties and has been in this game for decades, if he can't get his houses in order then he should get out of the game.


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    #340
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Crimsonred wrote: »
    I'm not sure about that, from my knowledge of the area some landlords let their houses idle for the summer, others rent them out cheaply from June to August.

    In a normal year there would be some students around for the summer but most of them either go home or abroad.

    What the locals want is an end to anti-social behaviour by students, is that too much to ask?

    Are these people entitled to the "peaceful occupation of their homes", as legally defined, or not?

    If the houses weren't rented who would enforce this.


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    #341
    jimmycrackcorm
    Registered Users Posts: 14,330 ✭✭✭✭jimmycrackcorm


    Crimsonred wrote: »
    The landlord owns multiple properties and has been in this game for decades if he can't get his houses in order then he should get out of the game.

    The government has increasingly moved the goalposts. It's totally in favour of a tenant to the point that tenants can overhold and not pay rent for a year or mo and there is no comeback for the landlord. Even pursuing through the courts is impractical as it is likely impossible to recover the costs

    On the other hand, it's very easy to go after the landlord and with a sizeable asset, very easy to enforce. So probably why many landlords are getting out of the game?


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    #342
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Crimsonred wrote: »
    The landlord owns multiple properties and has been in this game for decades, if he can't get his houses in order then he should get out of the game.

    Owns lots of properties for decades.

    You don't think his business is in order...


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    #343
    Crimsonred
    Registered Users Posts: 99 ✭✭Crimsonred


    beauf wrote: »
    Owns lots of properties for decades.

    You don't think his business is in order...

    He's due in court on Friday in case you weren't aware.


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    #344
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Crimsonred wrote: »
    He's due in court on Friday in case you weren't aware.

    You're largely missing the point...


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    #345
    Crimsonred
    Registered Users Posts: 99 ✭✭Crimsonred


    beauf wrote: »
    You're largely missing the point...

    No. This issue predates the current ban on evictions by years, it's about time the local residents got their day in court. The landlord moved these tenants into his properties during lockdown and knowing there was a ban on evictions. I have no sympathy for him.

    I think the blanket ban on evictions is a bad idea btw.


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    #346
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    If the current issue has existed for years it's got nothing to with the lockdown either.

    If they fine the LL a small amount, then it's simply the cost of doing business, and since the LL has no means to enforce anything it's meaningless tokenism.

    If they fine the LL so much it makes renting to students no longer viable. You create an accommodation crisis for students going forward.

    Considering no one's bothered to fix it for years. It's unlikely to be fixed now either.


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    #347
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    beauf wrote: »
    If the houses weren't rented who would enforce this.

    I guess you won't be answering this...


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    #348
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    FAILSAFE 00 wrote: »
    This has gone far beyond that in this case if the landlord is being brought to court.

    If tenants continue to breach the peace they should indeed be prosecuted. Student or not. There wouldn't be much excessive parties that breach the peace if this was the outcome.


    Had a next door neighbor once who had parties every week night.
    About 20 people minimum at them.
    DJ decks and all. Started at 2am and went on til 10 am.
    All of the people on the road called the police literally 100s of times.


    At first the police called up and asked them to turn down the music. As soon as they did the police left and the music went back on.

    Then sometimws the police would park outside the house for about an hour.
    The music always went up after they left.
    Eventually two people were brave enough to take them to court.
    Judge told them to keep the noise down.
    They did for about 2 weeks and then back to square one.
    Nothing can be done about noisy neighbors in Ireland.


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    #349
    perfectkama
    Registered Users Posts: 106 ✭✭perfectkama


    Where i was living last year if the police came they would tell you to turn down the music and if they get another call you would be liable for an assisted removal and it wasnt china..
    with an abandonment of law and order lazy assed overpaid garda shoving it on to the courts and LL who has no legal rights the locals should take some assisted action "wimps" especially if its next door to an elderly person.


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    #350
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    perfectkama wrote: »
    Where i was living last year if the police came they would tell you to turn down the music and if they get another call you would be liable for an assisted removal and it wasnt china..
    with an abandonment of law and order lazy assed overpaid garda shoving it on to the courts and LL who has no legal rights the locals should take some assisted action "wimps" especially if its next door to an elderly person.


    Not in Ireland.
    They will tell you that, but it wont happen.
    Once the homeowner calls the bluff of the police, the police have nowhere to go. The best they can do is keep asking.
    You can go to court and tell a judge. The judge will say, keep the noise down. You say yes and thats it. Have another party to celebrate.


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    #351
    mel123
    Registered Users Posts: 2,193 ✭✭✭mel123


    Panch18 wrote: »
    Does anybody know if the rent restrictions and restrictions around issuing a notice of termination are also extended to August 10 or do they stay at July 20??

    As far as i can see they have not commented on it yet, but im going to assume as we have not moved to the next phase as we thought we would on July 20th, this also means the ban doesnt lift until August 10th


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    #352
    redarmyblues
    Registered Users Posts: 972 ✭✭✭redarmyblues


    Crimsonred wrote: »

    These landlords are sweating the assets in question. I've already explained how they operate.

    Some of these houses have been converted from family homes into houses that can hold upto 9 students. Imagine living next door to that.

    Students have to live somewhere, maybe they should learn to behave.


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    #353
    redarmyblues
    Registered Users Posts: 972 ✭✭✭redarmyblues


    mel123 wrote: »
    As far as i can see they have not commented on it yet, but im going to assume as we have not moved to the next phase as we thought we would on July 20th, this also means the ban doesnt lift until August 10th

    The ban may not be lifted on the 10th of August, its hard to see the rationale for this in as there has been a large increase in the number of available rental properties since the crisis began. Every case should be looked at in detail by the RTB and decided on its own merits to stop abuse of the system. If the RTB needs to hire more staff then so be it, its better than the state paying people money to do nothing.


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    #354
    mel123
    Registered Users Posts: 2,193 ✭✭✭mel123


    redarmyblues wrote: »
    The ban may not be lifted on the 10th of August, its hard to see the rationale for this in as there has been a large increase in the number of available rental properties since the crisis began. Every case should be looked at in detail by the RTB and decided on its own merits to stop abuse of the system. If the RTB needs to hire more staff then so be it, its better than the state paying people money to do nothing.

    Agree, best guess is it will be extended in the short term until 10th of August at the minimum.
    Doing as you suggest would make sense, of course they wont do something like that :)
    However, i find it hard to see how they can extend much longer then 10th August if majority of everything else is back to normal. The housing crisis was here long before Covid, its a perfect excuse for our government not to address the real issue.


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    #355
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Topgear on Dave wrote: »
    They've been letting them out over the summer for years. I had a house over the summer there somewhere around the Glasheen Road in 2001.

    Landlords rights to evict tenants and tell them what to do have been severely and quite popularly curtailed.

    The ultimate solution to this of course is to move UCC and CIT somewhere else. Or at least get them to stop taking in students.
    Covid 19 may have done that


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    #356
    Crimsonred
    Registered Users Posts: 99 ✭✭Crimsonred


    Landlord (80) liable for future breaches of noise controls at properties dubbed 'Covid Party House', court rules.
    A JUDGE made an order making a landlord liable for any future proven breaches of noise controls at properties occupied by student tenants and locally dubbed 'Covid Party House' and 'Party Central.'

    Judge Olann Kelleher made the order after hearing that Cork landlord Fachtna O'Reilly (80) had issued formal warnings to the tenants involved and had installed both noise monitors and CCTV cameras in a bid to tackle behaviour which prompted local residents to take legal action.

    Judge Kelleher made the order at Cork District Court under Section 108 of the Environment Agency Protection Act.

    It now makes the landlord liable for any future proven breaches of noise controls at the properties involved.

    The order was made despite a plea from Mr O'Reilly's solicitor, Eamon Murray, for the matter to be adjourned in light of the extensive actions taken since July 10 by the landlord.

    Last week, the judge ruled in favour of two residents, Mairead O'Callaghan and Sadie O'Mahony, over noise complaints and said he considered that Mr O'Reilly had effectively "turned a blind eye" to the issue.

    He had adjourned making any order for a week to allow the landlord deal with the issues raised.

    Judge Kelleher also said he believed that the non-eviction protection granted to workers who lost their jobs because of the Covid-19 crisis "was in a totally different league" to the issue involved over anti-social behaviour.

    The Magazine Road and Surrounding Areas Residents Association (MRSARA) welcomed the judgement and called for a total overhaul of the legislation governing rented properties.

    "The residents very much welcome Judge Kelleher’s ruling in accepting the evidence of the residents in relation to the house parties and the associated excessive noise at these properties," a spokesperson said.

    'We also welcome Judge Kelleher’s clarification that landlords can evict tenants for antisocial behaviour/excessive noise levels and that Covid-19 restrictions on evictions apply to financial issues only."

    https://www.independent.ie/irish-news/courts/landlord-80-liable-for-future-breaches-of-noise-controls-at-properties-dubbed-covid-party-house-court-rules-39376241.html


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    #357
    brisan
    Registered Users Posts: 2,242 ✭✭✭brisan


    Crimsonred wrote: »
    Landlord (80) liable for future breaches of noise controls at properties dubbed 'Covid Party House', court rules.



    https://www.independent.ie/irish-news/courts/landlord-80-liable-for-future-breaches-of-noise-controls-at-properties-dubbed-covid-party-house-court-rules-39376241.html

    Will he evict or will he continue on collecting the rent
    I reckon the latter


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    #358
    Panch18
    Closed Accounts Posts: 2,471 ✭✭✭Panch18


    It looks like “discussions” are still ongoing about whether or not eviction notices can be issued and rent increases happen

    It’s some joke this is even a discussion. They have absolutely no regards for the property rights of property owners in this country. There is absolutely no need whatsoever for this ban to be continued past July 20. A pure joke if it is


    'Complete shambles' - major row erupts over plans to extend freeze on rents and evictions
    https://www.independent.ie/world-news/coronavirus/complete-shambles-major-row-erupts-over-plans-to-extend-freeze-on-rents-and-evictions-39375104.html


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    #359
    JimmyVik
    Registered Users Posts: 5,368 ✭✭✭JimmyVik


    Panch18 wrote: »
    It looks like “discussions” are still ongoing about whether or not eviction notices can be issued and rent increases happen

    It’s some joke this is even a discussion. They have absolutely no regards for the property rights of property owners in this country. There is absolutely no need whatsoever for this ban to be continued past July 20. A pure joke if it is


    'Complete shambles' - major row erupts over plans to extend freeze on rents and evictions
    https://www.independent.ie/world-news/coronavirus/complete-shambles-major-row-erupts-over-plans-to-extend-freeze-on-rents-and-evictions-39375104.html




    Just another in the long line of reasons to never become a residential property investor in Ireland. Invest your money elsewhere.


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    #360
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    What is MRSARA?


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    #361
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Any more details on the...

    "We also welcome Judge Kelleher’s clarification that landlords can evict tenants for antisocial behaviour/excessive noise levels and that Covid-19 restrictions on evictions apply to financial issues only."


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