Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Tenants overstaying their notice indefinitely. Want my house back to sell.

2»

Comments

  • #52
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    McCrack wrote: »
    That is not correct

    If a landlord or tenant has instructed a solicitor at an Rtb adjudication that solicitor will be presenting their side and answering\clarifying anything the adjudicator may ask and in the absence of their client if they choose not to be present

    Thats the theory- you know that as well as I do.


  • #53
    Garibaldi?
    Registered Users Posts: 446 ✭✭Garibaldi?


    If a landlord employs a solicitor to represent him/her. it constitutes an allowable tax expense


  • #54
    tvjunki
    Registered Users, Registered Users 2 Posts: 608 ✭✭✭tvjunki


    Rtb is the stage before court but it is court either way.
    That is not right that you cannot have legal representation with you if you are landlord or tenant. What happens when tenant lawyers up with threshold or other representative and you there on your own? You will loose. If you went to ordinary court you would have a lawyer or barrister.
    Once again attack small time landlords..


  • #55
    Garibaldi?
    Registered Users Posts: 446 ✭✭Garibaldi?


    A relative of mine was dealing with an unreasonable tenant. He got a solicitor and got his house back because he wanted to live in it himself. The legal fee was tax allowable against the rental tax.


  • #56
    McCrack
    Registered Users, Registered Users 2 Posts: 2,982 ✭✭✭McCrack


    The_Conductor wrote: »
    Thats the theory- you know that as well as I do.

    It's practice and I'm a solicitor who has dealt with the Rtb on many occasions

    Anyone that is appearing before a quasi judicial board or tribunal such as an Rtb adjudication is entitled to have legal representation and that advocate is entitled to be heard


  • #57
    rightmove
    Registered Users Posts: 1,003 ✭✭✭rightmove


    tvjunki wrote: »
    Rtb is the stage before court but it is court either way. .

    But that to me is the point. It's like the bucked teeth one eyed version of court. Don't think by reading here that anyone has faith in its competence. Even for example before getting to it, tenants can appeal a notice but if its wrong the ll can be caught out 8 months later....So why bother having 28 days to appeal


  • #58
    Garibaldi?
    Registered Users Posts: 446 ✭✭Garibaldi?


    Follow procedure to the letter. RTB and your own solicitor.It will work out.


  • #59
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    The_Conductor wrote: »
    I hear you.
    I'd love to hear that people are challenging the composition of panels and how they conduct their business- however, thus far- it has not, to the best of my knowledge, happened. Wait until they try to pull this on one of the new larger landlords- and sparks will fly. The small scale landlords with 1-2 properties are easy pickings (which is yet another reason why so many of them are getting the hell out of the sector). Natural justice doesn't enter the equation here- other than as a theoretical nicety.

    The only way to challenge is a judicial review. Small time landlords are unlikely to do this. I did hear of one challenge in the early days of the RTB. Some adjudicators are anti-landlord to an extreme.


  • #60
    Anthonylfc
    Banned (with Prison Access) Posts: 282 ✭✭Anthonylfc


    Subutai wrote: »
    If they won't leave what makes you think they'd allow OP to move in?

    cause he owns the place

    already given ample notice

    so move back in have parties ,make it unbearable


  • Advertisement
  • #61
    1874
    Registered Users, Registered Users 2 Posts: 2,404 ✭✭✭1874


    Anthonylfc wrote: »
    cause he owns the place

    already given ample notice

    so move back in have parties ,make it unbearable


    Yes and they'd be in a lot of trouble if that was done and reported, unless they were already only licencees.
    Basically the tenants would find it easier and quicker to get a landlord out for that than they could get a tenant out for not going, they could end up having some very harsh financial penalties levied against them, while Im sympathetic to anyone in the scenraio of overholding tenants, the OP would be advised to pay heed to the post that said, go by the book and dont stress yourself, the ball is not in the landlords court (so to speak), the tenants sound like they have somewhere organised, play it cool, dont act or show weakness.


  • #62
    Subutai
    Registered Users, Registered Users 2 Posts: 293 ✭✭Subutai


    Anthonylfc wrote: »
    cause he owns the place

    already given ample notice

    so move back in have parties ,make it unbearable

    They will simply refuse him entry. For as long as they are living there he has no right to reside there. If he's going to try illegal measures then he might as well illegally evict them. He will face a similar penalty for both behaviours.

    His ownership of the property is not relevant. The only way to get them out is through exhausting the legal mechanisms at his disposal. Until then they have the full set of rights afforded any tenant, including preventing his entry to the property.


  • #63
    Eric Cartman
    Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    should definitely show up to his new house on the day he moves in with a sleeping bag in hand and just roll it out on the floors and say 'sound lads, ill be here for an indefinite period'


  • #64
    bigpink
    Banned (with Prison Access) Posts: 4,552 ✭✭✭bigpink


    Ring the guards


  • #65
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    bigpink wrote: »
    Ring the guards

    What are the guards supposed to do?


  • #66
    Wheres Me Jumper?
    Closed Accounts Posts: 1,288 ✭✭✭Wheres Me Jumper?


    Claw Hammer wrote: »
    What are the guards supposed to do?



  • Advertisement
  • #67
    bigpink
    Banned (with Prison Access) Posts: 4,552 ✭✭✭bigpink


    In the house illegally


  • #68
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    It doesn't work like that.


  • #69
    ELM327
    Registered Users, Registered Users 2 Posts: 22,222 ✭✭✭✭ELM327


    Graham wrote: »
    It doesn't work like that.
    +1


    It should, but it doesnt


  • #70
    Wheres Me Jumper?
    Closed Accounts Posts: 1,288 ✭✭✭Wheres Me Jumper?


    bigpink wrote: »
    In the house illegally

    they will simply tell you it's a civil matter over which they have no jurisdiction. a bit like if you rang them to complain about your neighbour being noisy.

    now if they have acted illegally/criminally in some other way, then that's a different matter...:eek:


  • #71
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Folks I've deleted a few posts that are clearly advocating illegal activity.

    Not only is it an incredibly dumb idea for a landlord, it's against the forum charter to make such suggestions.

    Fair warning, any more posts along the same lines will not be treated quite so delicately. Anthonylfc please take note!


  • Advertisement
  • #72
    Anthonylfc
    Banned (with Prison Access) Posts: 282 ✭✭Anthonylfc


    Graham wrote: »
    Mod Note

    Folks I've deleted a few posts that are clearly advocating illegal activity.

    Not only is it an incredibly dumb idea for a landlord, it's against the forum charter to make such suggestions.

    Fair warning, any more posts along the same lines will not be treated quite so delicately. Anthonylfc please take note!

    :)


  • #73
    airy fairy
    Registered Users, Registered Users 2 Posts: 1,192 ✭✭✭airy fairy


    Any update op?


  • #74
    Páid
    Registered Users, Registered Users 2 Posts: 916 ✭✭✭Páid


    amcalester wrote: »
    The RTB site says the tenant should continue to pay rent while overholding, and acceptance of same by the landlord is recognition of an on-going tenancy.

    It actually says the opposite - https://onestopshop.rtb.ie/during-a-tenancy/overholding/
    A tenant is overholding where they continue to occupy the property on a date after the expiry of the notice period specified in a valid Notice of Termination served by the landlord. In such a situation the tenant must continue to pay rent to the landlord and receipt by the landlord of that rent does not imply recognition of an ongoing tenancy. Where a landlord, either verbally or in writing, withdraws a Notice of Termination, the tenancy will then continue

    Regardless of the circumstances of a case, a tenant can only be ordered to vacate a rented dwelling on the expiration of a valid Notice of Termination


Advertisement