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Vulture fund to sell currently tenanted homes in Dublin 15

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


    http://www.irishtimes.com/news/politics/tenants-told-to-leave-as-vulture-fund-to-sell-dublin-homes-1.2571558

    I think within this article theres a big bit of the playing to the crowd by the politicians. The properties will be bought and new owners or investors will move in. Its not like the properties will remain empty.

    The residents should get together and hire a legal team. From what I have read they are just rolling over.


  • Closed Accounts Posts: 640 ✭✭✭Turtle_


    4ensic15 wrote: »
    The residents should get together and hire a legal team. From what I have read they are just rolling over.

    Why?

    They don't own the properties, if the notice periods they've been given are correct then on what grounds should they mount a challenge?

    Do you think that living there gives some indefinite right to remain? Because that would be unconstitutional.


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


    Turtle_ wrote: »
    Why?

    They don't own the properties, if the notice periods they've been given are correct then on what grounds should they mount a challenge?

    Do you think that living there gives some indefinite right to remain? Because that would be unconstitutional.

    They can challenge the termination notices, appeal an adverse adjudication and then proceed on to the High Court on a point of law. If the vulture fund gets bogged down they will do a deal.


  • Closed Accounts Posts: 1,424 ✭✭✭garhjw


    4ensic15 wrote: »
    They can challenge the termination notices, appeal an adverse adjudication and then proceed on to the High Court on a point of law. If the vulture fund gets bogged down they will do a deal.

    How can you challenge a valid term notice?


  • Registered Users Posts: 29,364 ✭✭✭✭HeidiHeidi


    4ensic15 wrote: »
    They can challenge the termination notices, appeal an adverse adjudication and then proceed on to the High Court on a point of law. If the vulture fund gets bogged down they will do a deal.
    You're assuming some fine bank balances on the part of the tenants..... you don't "proceed on to the High Court" without a fairly substantial outlay of moolah.

    Assuming you had a case in the first place, of course....


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


    garhjw wrote: »
    How can you challenge a valid term notice?

    You can challenge any termination notice. Until it is determined to be valid the tenancy continues.


  • Closed Accounts Posts: 5,430 ✭✭✭testicle


    Are you not just delaying the inevitable in that case? As well as burning a truck load of money?


  • Closed Accounts Posts: 640 ✭✭✭Turtle_


    4ensic15 wrote: »
    You can challenge any termination notice. Until it is determined to be valid the tenancy continues.

    So what?

    That doesn't change the fact that these people do not own the houses in which they reside. They've been served with what are more than likely valid notices. In what way is it right for them to string this out?

    I don't deny that this has put a lot of people in a horrible position, so many people are now competing for housing in the one area.

    BUT, this also makes available houses for people to purchase.


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


    HeidiHeidi wrote: »
    You're assuming some fine bank balances on the part of the tenants..... you don't "proceed on to the High Court" without a fairly substantial outlay of moolah.

    Assuming you had a case in the first place, of course....

    If the tenants get together, they can run one test case. the cost, shared among many would be very low. Most likely they will be paying higher rent in new accommodation, if they can find it. Prolonging their stay will save each of them hundreds per month. A couple of months of savings into a fund would be plenty to keep a legal action going. That is how the English landlords were beaten in the 19th century. Each house paid a catholic rent of a penny a week to fund the legal challenges to the landlords.


  • Registered Users Posts: 5,379 ✭✭✭DublinDilbert


    There is a number of different property types, the 4 bed houses sold for 220k in 2012, then again last November for 216k in a big block.

    Sounds like they want to sell the units individually if they are giving tenants their notice periods.


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  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    4ensic15 I'm not sure why you're pushing this. There is nothing to indicate that there is anything illegal about the eviction and while it may not be desirable for the tenants, the houses will come back onto the D15 housing market either for purchase or rent. This forum is not a place for a personal crusade.


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


    Turtle_ wrote: »
    So what?

    That doesn't change the fact that these people do not own the houses in which they reside. They've been served with what are more than likely valid notices. In what way is it right for them to string this out?

    I don't deny that this has put a lot of people in a horrible position, so many people are now competing for housing in the one area.

    BUT, this also makes available houses for people to purchase.

    The notices may not be valid. they have every right to challenge them. Not challenging the notices will not build one extra house. If the houses they occupy are sold they may be let again by another fund at higher rents. Even if they are sold individually the currents will have to occupy other houses which might have come on the market.


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


    athtrasna wrote: »
    Mod note

    4ensic15 I'm not sure why you're pushing this. There is nothing to indicate that there is anything illegal about the eviction and while it may not be desirable for the tenants, the houses will come back onto the D15 housing market either for purchase or rent. This forum is not a place for a personal crusade.

    I have seen one of the notices of termination as shown in today's newspaper. I am far from convinced it is a legal notice.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Let's stay on topic please


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    http://www.irishtimes.com/news/politics/tenants-told-to-leave-as-vulture-fund-to-sell-dublin-homes-1.2571558

    I think within this article theres a big bit of the playing to the crowd by the politicians. The properties will be bought and new owners or investors will move in. Its not like the properties will remain empty.

    Yep. I feel sorry for them - its horrible to be evicted whether as a tenant or homeowner - and its good to see the focus on tenants. But there could be 200+ other evictions of tenants across the country tomorrow that arent because of those nasty foreigners.

    Meanwhile, not a peep from politicians about actually making building more attractive like, I dunno, making social housing a public endeavour rather than foisting it on the private sector, killing he incentives to build large scale developments in the process and then trying to say the lack of social housing is because the private developers havent been building them.


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


    The likelihood, the 2 year rent moratorium and longer notice periods have contributed to this. If the houses are sold with tenants in situ the rent can't increase for 2 years and the tenants have to be given ever longer periods of notice if the houses were to be sold. The vulture fund naturally wants a clean slate.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    athtrasna wrote: »
    Mod note

    4ensic15 I'm not sure why you're pushing this. There is nothing to indicate that there is anything illegal about the eviction and while it may not be desirable for the tenants, the houses will come back onto the D15 housing market either for purchase or rent. This forum is not a place for a personal crusade.

    Apart from personal crusades, a high court challenge would cost up to €100k for one day so it would be bonkers for the tenants to take a case just to draw out a legal termination of a tenancy. If the eviction was legally served, the high court case would be against the State.


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    Just because the tenants are unhappy doesnt mean they have a right to drag the process of eviction out. This just makes a mockery of our laws.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Just because the tenants are unhappy doesnt mean they have a right to drag the process of eviction out. This just makes a mockery of our laws.

    I'm sure the legal quaters would only be happy to earn a decent paycheck for any tenants who think a court would side with them or offer compensation


  • Closed Accounts Posts: 640 ✭✭✭Turtle_


    4ensic15 wrote: »
    The likelihood, the 2 year rent moratorium and longer notice periods have contributed to this. If the houses are sold with tenants in situ the rent can't increase for 2 years and the tenants have to be given ever longer periods of notice if the houses were to be sold. The vulture fund naturally wants a clean slate.

    If the tenants are in situ they also prevent the houses being sold to anyone who needs a mortgage. Banks want vacant possession.


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  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    While it is awful these people have been served notice in a very hot rental market, if you take it down to the lowest level, if I want to sell my house as a landlord and service the correct notice (Some papers mentioning 2-6 months, so sounds correct without knowing individual cases) I shouldn't be held to ransom. The same goes in this case, just in bigger numbers. A quick search on Daft shows plenty available in Dublin 15 (without knowing like for like rents), the people are better getting ahead of the curve and moving out sooner imo. They can't win on this.


  • Registered Users Posts: 261 ✭✭Merry Prankster


    The crash and subsequent vilification of the banks has created a weird attitude to debt and home ownership in this country. The logic seems to be that, because the banks are evil, debts can be ignored and home ownership, like water, is a God-given right

    I know plenty of people who have chosen not to pay the mortgages on their properties (both on their own residence and their rental properties) because they prefer to spend their money on the luxuries in life - new cars, foreign holidays etc. They are outraged that the banks are threatening to repossess the houses. (I'm not saying that this is the case here, though.)

    My mum is 60 and commutes to Dublin from Wexford every day. She leaves at 8am each morning and sometimes doesn't get back until 1am. She is paying off a €300,000 mortgage on a house that is now worth €100,000 (if that) and wouldn't dream of reneging on her debt.

    It seems that the Homer Simpsons far outnumber the Frank Grimeses.

    Yes, the banks had a huge role in the crash and subsequent devaluation of property prices and should be made to shoulder a far greater portion of the financial burden. But that doesn't mean that you can expect to be given a house for which you do not pay. Ultimately, someone has to foot the bill.


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


    4ensic15 wrote: »
    I have seen one of the notices of termination as shown in today's newspaper. I am far from convinced it is a legal notice.

    Do share the reasons you think the notices are not legal.

    According to the asset managers issuing the notices:

    "Achieving vacant possession is undertaken in a statutory manner and is governed by the residential tenancies act. Every element of the act and the regulations governing private residential tenancies was followed by Twinlite in this process and will continue to be."

    4ensic15 wrote: »
    If the houses are sold with tenants in situ the rent can't increase for 2 years

    That's probably not relevant to a company that's decided to exit the rental property market.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Everything about this story is of course loaded. Using the word "eviction" forces images of people and their belongings being turfed out onto a busy street with the door locked behind them. "Vulture" fund conjures images of a company preying on people struggling with debt.

    While these 200 families no doubt had a bad weekend, they will likely all find alternative accommodation for themselves within the large timeframe in which they have to do it.

    They'll even get away with not paying any more rent if they want to go down the route; the new owners want rid, they won't go to the trouble of chasing rents.

    This is basically all a symptom of our dysfunctional rental market that's only geared towards short-term rentals and accidental landlords. It could have (and probably did) happened at the height of the boom, but nobody would care quite so much.


  • Registered Users Posts: 1,586 ✭✭✭Canadel


    seamus wrote: »

    This is basically all a symptom of our dysfunctional rental market that's only geared towards short-term rentals and accidental landlords. It could have (and probably did) happened at the height of the boom, but nobody would care quite so much.
    Yet the mantra on this forum and from a lot of media commentators and analysts is that "Renting should be a long term option in Ireland", except without systemic changes to the way the market operates, and hence situations like this will continue and become the norm.

    Obviously nothing illegal on the face of it here. But that doesn't mean it still doesn't stink.


  • Moderators, Science, Health & Environment Moderators Posts: 18,159 Mod ✭✭✭✭CatFromHue


    Grzegorz Szkutnik (34) and his wife Iwona have been living in their home for the last eight years. They have two children, Lena (2) and David (two weeks).
    "Everybody is angry about this. I have taken advice and I am not leaving here," said Mr Szkutnik.
    Mr Szkutnik said he is paying €1,450 a month in rent and can't find alternative accommodation in the area for less than €2,000.

    Granted I don't know that area too well but when you do a search on Daft for 3 bed places for a max of 1600 you do get a few hits in Clonee, Ongar and not too far from Tyrellstown.

    I think the only place that's 2k is in Clonsilla and it's a 4 bed.


  • Registered Users Posts: 133 ✭✭powerstar


    It's very hard on people who are living there currently. I am not sure what can they do if their lease is due to renewal and landlord decides not to renew it.


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    1600 would get a three bed in dublin 15... ni issues there I dont think


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


    CatFromHue wrote: »
    Grzegorz Szkutnik (34) and his wife Iwona have been living in their home for the last eight years. They have two children, Lena (2) and David (two weeks).
    "Everybody is angry about this. I have taken advice and I am not leaving here," said Mr Szkutnik.
    Mr Szkutnik said he is paying €1,450 a month in rent and can't find alternative accommodation in the area for less than €2,000.

    Granted I don't know that area too well but when you do a search on Daft for 3 bed places for a max of 1600 you do get a few hits in Clonee, Ongar and not too far from Tyrellstown.

    I think the only place that's 2k is in Clonsilla and it's a 4 bed.

    If the case referred to is accurate- it suggests that Mr. Szkutnik is currently paying significantly under the market value for the property in rent........

    The properties in question were part of an 85m loan portfolio sold by Ulster Bank- and the stated aim of the 'Vulture fund' is to churn the properties as quickly as possible (the tacit understanding being that Ulster Bank had wanted to foreclose on the loans- but were not in a position to do so).

    Its not a nice situation- but there is absolutely nothing to stop Mr. Szkutnik or any of his neighbours from attempting to buy the properties they're currently residing in- themselves (unless of course its not financially viable for them to do so).

    Simple fact- we are not building 'family homes' in the Dublin area- they are desireable- and there will be queues of people lining up to purchase these- providing they are priced in a reasonable manner (price of course being key here).

    The loans from the developer transferred into NAMA 8 years ago- while I do have sympathy for the people who will have to move- it is hardly a bolt out of the blue, or any great surprise that this has happened..........


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  • Registered Users Posts: 4,619 ✭✭✭Villa05


    Would this company selling be availing of any tax breaks in the sale of these properties and if so is there a way to block these tax breaks


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