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Rent late

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  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Elemonator wrote: »
    Could be any reason for being late with the rent. Give them a bit of leeway and if they continue to mess around unnecessarily, you should proceed.
    Read the thread; she's the tenant that's late with the rent...!


  • Closed Accounts Posts: 300 ✭✭Robineen


    Off topic, but the self-employed and many other businesses often have to wait for weeks or months for payment of invoices. They have to manage their cash flow to accommodate.

    I always pay rent on time and respect rent date but this is a good point! I guess though that people need to be strict with payment of rent so as not to set a precedent. It's a bit different from accounts receivable payment terms that a business sets.


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


    Off topic, but the self-employed and many other businesses often have to wait for weeks or months for payment of invoices. They have to manage their cash flow to accommodate.

    I can't drive my car to my local filling station- fill it up with diesel and tell them I'll be back next week after I've used it, and pay them then. I can't grab a few cartons of milk off the shelf in my local Centra, walk to the door and casually tell the security guy I'll be back in 4 weeks time to pay for my milk. I can't book a holiday and tell eBookers I'll pay them when I get back- depending on how I enjoy the trip.........

    Suggesting letting a property is akin to a B-2-B transaction- is opening a whole Pandoras box- that quite simply doesn't exist. If you want to compare letting a property- it is a business selling a service to an end consumer- much as Centra selling me my carton of milk this evening will be. It is routine to invoice businesses when you supply them with goods or services- and indeed, normally there are payment terms stated on such invoices- payment in full within 28 days (or some such). This is not the case with a residential letting- where upfront payment in full, on a monthly basis, is both expected and the norm.


  • Registered Users Posts: 6,430 ✭✭✭EagererBeaver


    Businesses usually have specified terms of payment in their paperwork, e.g. in arrears of 30 or 60 days. If they extend 60 days credit and they receive payment on day 59, then the contract is fulfilled. If payment is late, they may consider other options - reducing the credit available, insisting on higher deposits or, in extreme cases, suing the client. Equally, if a late payment is a once off, the business will generally overlook it. This is a common way of doing business and is in no way relevant to the topic under discussion. If the lease specifies "pay on the x of every month" and you pay a day late, you've breached the contract, end of story. Like the businesses, most landlords will be understanding over a once off, but if it happens regularly, attitudes will change.


  • Registered Users Posts: 3,472 ✭✭✭Grolschevik


    Suggesting letting a property is akin to a B-2-B transaction- is opening a whole Pandoras box- that quite simply doesn't exist. If you want to compare letting a property- it is a business selling a service to an end consumer- much as Centra selling me my carton of milk this evening will be. It is routine to invoice businesses when you supply them with goods or services- and indeed, normally there are payment terms stated on such invoices- payment in full within 28 days (or some such). This is not the case with a residential letting- where upfront payment in full, on a monthly basis, is both expected and the norm.

    I'm not suggesting otherwise. I was just replying to another poster (who said "it's business, not charity") that different businesses often have different sorts of payment structures, and that many businesses need to build in measures to ensure a consistent cash flow. If any business is solely dependent on a single payment to cover overheads, then that could become problematic.


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  • Posts: 24,714 [Deleted User]


    If any business is solely dependent on a single payment to cover overheads, then that could become problematic.

    An awful lot of people are solely dependant on their next pay check. if its delayed they most likely won't be able to pay their bills.

    In general nobody would question this but if a LL says he is in trouble if he doesn't get his rent on time people will start coming out with all sorts of stuff to excuse the person being late and question his business. I don't get it, a lot of business are run on very tight margins same as many house holds are.


  • Registered Users Posts: 3,472 ✭✭✭Grolschevik


    An awful lot of people are solely dependant on their next pay check. if its delayed they most likely won't be able to pay their bills.

    In general nobody would question this but if a LL says he is in trouble if he doesn't get his rent on time people will start coming out with all sorts of stuff to excuse the person being late and question his business. I don't get it, a lot of business are run on very tight margins same as many house holds are.

    True.


  • Moderators, Social & Fun Moderators Posts: 12,754 Mod ✭✭✭✭JupiterKid


    If the OP was allocated a social House than the shenanigans with rent allowance and insecurity of tenure - and all the stress it causes - would be a non-issue.

    People of low incomes should be in social housing, not left to the vagaries of the private rented sector. This is why a major social housing programme is urgently required.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    The problem is the LL doesn't follow the letter the law it comes back to bite them. So its best to do it by the book, the day its late.


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


    JupiterKid wrote: »
    If the OP was allocated a social House than the shenanigans with rent allowance and insecurity of tenure - and all the stress it causes - would be a non-issue.

    People of low incomes should be in social housing, not left to the vagaries of the private rented sector. This is why a major social housing programme is urgently required.

    Yes- we need more social housing- however, the history to all of this is that during the last boom- local authorities actively divested themselves of their housing stock (at remarkable discounts to open market values)- proclaiming they had no interest in running maintenance departments etc etc.

    So- social housing was defacto outsourced to the private sector.

    The private sector- which has a profit motif the public sector doesn't have- has been a favourite whipping boy of the politicians- as it hides the actions and inactions of our politicians to plan and implement policies in the sector to provide accommodation for our people.

    Part of the problem now- is while nationally we have a surplus of housing- a significant majority of vacant units are where people quite simply do not want to live. So- we have people demanding to be accommodated in social housing in Dublin, Cork and Galway city centres etc etc........

    Its a mess- that isn't going to resolved through any of the current policies- however, as ever, if anything goes wrong- blame the landlords.........


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  • Registered Users Posts: 2,178 ✭✭✭bajer101


    Hi, OP here again. I just thought that I would clarify a few things as the topic seems to have strayed from my original query. Firstly, I am the tenant and not the landlord, although this is a moot point as my query related to clarification of legislation which applies to both tenants and landlords.

    There seems to be a bit of confusion about the situation that I described, so I will try to explain the situation again in hypotheticals based on the current legislation as I understand it.

    If rent is due on the first of the month and is not paid in full on that day, a landlord is entitled to issue a 14 day warning notice the second of the month. This notice can state that if the rent is not paid in full within 14 days then an eviction notice will be issued and the tenants will be evicted 28 days later. So, in our hypothetical situation, rent is due on the first of the month, 14 day notice is issued on the second, and on the fifteenth of the month a legally binding eviction will be issued. From what I can gather, there is no come back from this. A tenant who is fifteen days late with their rent can be legally put out on the street. This was the crux of my query and if any of this is incorrect, I would welcome clarification.

    This should not be allowed happen. There were a few posts trying to compare the situation to other businesses not allowing late payments etc., but the examples given fall woefully short of providing a like for like situation. The obvious comparison is to the rights of a bank to evict a mortgage holder. If banks were legally entitled to evict a family from their home if the mortgage went 15 days in arrears, there would be uproar - and rightly so! As it is, banks have to go through a long, drawn out process - often taking years - to evict a mortgage holder who falls into arrears. While there are of course huge differences between a mortgage holder and lessee, there is one very important similarity - in each instance we are talking about people's homes. It should not be allowed to put someone out of their home due to 15 days arrears.

    Even if we compare the situation to utilities there is a big disparity. Your electricity, gas, TV won't be cut off if you are fifteen days late. Your mobile phone won't even be cut off. Irish Water weren't even allowed to cut people off completely if they failed to pay, but here we have a situation were a family can be made homeless because their rent was 15 days late. That is unacceptable.

    There is also a problem with the rent allowance system. The first problem is that it is paid a month in arrears which automatically gives the landlord the opportunity to evict. This should be fixed. Another problem with rent allowance system is that it is an awful pain in the hole to get the payment. I fell ill in mid September and finally got the rent allowance payment at the end of December (backdated to the start of November). The big delay for me was that you have to get put on the housing list. This proved very problematic as I previously owned properties and you have to prove how you disposed of the assets. Bank statements from An Post bank were impossible to come by, so I had to contact original solicitors and get copies of docs again. Lots of visits to the DSP office, lots of form filling and jumping through hoops etc. Not the easiest thing to do when you are ill.

    Someone said that the problem is with the allocation of social housing. While there is a huge problem there, that has no relevance to my situation. I neither want or need social housing. I have worked pretty much for all of the last 30 years. I earn very good good money and have more than paid my way over the years. I just needed a bit of dig out to get me over a bump.

    So, there are a few issues here, but the main one is that a landlord can legally make a family homeless if they fall 15 days behind in their rent. You can say that this wouldn't really happen in practice (a mod in their initial reply, when they thought I was a landlord said that this would not really be fair), but it does. It just happened to me. Another poster said that it is common practice with their agency to issue notices one day after rent is due (probably with an admin charge).

    I know a lot of the contributors here are landlords. You can dress up the situation anyway you like, but the upshot is that a tenant can be legally evicted for rent being 15 days late. Think about that. Think how you would feel if the bank who owns your property could legally kick you out of your home if you were 15 days late with your mortgage.

    Other points of interest. I am a man, not a woman, although I am a single parent. Just to clear up that misconception.
    Regarding businesses having to wait on invoices: Ironically, I had been waiting on invoices to be paid for some contract work I had did last year. I had to hassle them for it as I obviously needed it. But if they struggled to pay would I have gone to court to put them out of business? Would I f*ck! You'd have to be a right tosser to do that.
    The landlord in question is not an ordinary joe soap who fell into landlordism. This is a very professional organisation with well over 100 properties.


  • Registered Users Posts: 2,178 ✭✭✭bajer101


    As most of the viewers here are landlords, to help focus on the issue I am raising, I think this is a similar scenario.

    You are a mortgage holder and your home is in negative equity. The outstanding mortgage just about equals what you owe the bank. Should the bank be allowed kick you and your family out on the street if you fall 15 days behind with your mortgage payment?


  • Registered Users Posts: 299 ✭✭sullivk


    Did you pay the rent after the 15 days notice? How long exactly was the rent overdue? Have you actually been evicted or have they just sent you a notice?

    To be honest, as landlords of a negative equity property- if I had no rent payment from mid September until the end of December then that would put my family in a very difficult situation financially and I would be inclined to follow the procedures for late rent notices.
    As sympathetic as I would feel if my tenant fell on hard times, I'm not running a charity and would not be happy to lose out on rent at the end of the day.


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


    bajer101 wrote: »

    If rent is due on the first of the month and is not paid in full on that day, a landlord is entitled to issue a 14 day warning notice the second of the month. This notice can state that if the rent is not paid in full within 14 days then an eviction notice will be issued and the tenants will be evicted 28 days later.

    That is not correct. The first notice is a warning notice, the second is a termination notice terminating the tenancy 28 days later. If thew tenant does not leave the landlord has to apply to the RTB for an order. There has to be an adjudication and the order from that can be appealed to the Tribunal. After that,if the tenant has not vacated there has to be an application to the court for an order. There will usually be a stay on that order. If the tenant still does not vacate the sherrif has to come and physically remove the tenant.
    The tenant need certainly not be on the street 42 days after being late with rent.


  • Closed Accounts Posts: 1,489 ✭✭✭dissed doc


    bajer101 wrote: »
    If rent is due on the first of the month and is not paid in full on that day, a landlord is entitled to issue a 14 day warning notice the second of the month. This notice can state that if the rent is not paid in full within 14 days then an eviction notice will be issued and the tenants will be evicted 28 days later. So, in our hypothetical situation, rent is due on the first of the month, 14 day notice is issued on the second, and on the fifteenth of the month a legally binding eviction will be issued. From what I can gather, there is no come back from this. A tenant who is fifteen days late with their rent can be legally put out on the street. This was the crux of my query and if any of this is incorrect, I would welcome clarification.

    This should not be allowed happen.

    Basically you get 28+14 days = 52 days of rent free living before you are evicted. That is not bad, considering it is for nothing.

    How long exactly do you think you should be allowed stay in a rented apartment, while not paying any rent? Out of interest - just to see what you think is reasonable.


  • Registered Users Posts: 2,178 ✭✭✭bajer101


    sullivk wrote: »
    Did you pay the rent after the 15 days notice? How long exactly was the rent overdue? Have you actually been evicted or have they just sent you a notice?

    To be honest, as landlords of a negative equity property- if I had no rent payment from mid September until the end of December then that would put my family in a very difficult situation financially and I would be inclined to follow the procedures for late rent notices.
    As sympathetic as I would feel if my tenant fell on hard times, I'm not running a charity and would not be happy to lose out on rent at the end of the day.

    Your questions are irrelevant and completely miss the point - as I expected. This forum seems to be just populated with landlords who want to put their point across instead of engaging with the details of the topics posted. But to satisfy your curiosity, the rent was paid in full up until the 31st December.

    Would you be happy if the bank could issue you with a legal eviction notice if you were 15 days behind with your mortgage?
    4ensic15 wrote: »
    That is not correct. The first notice is a warning notice, the second is a termination notice terminating the tenancy 28 days later. If thew tenant does not leave the landlord has to apply to the RTB for an order. There has to be an adjudication and the order from that can be appealed to the Tribunal. After that,if the tenant has not vacated there has to be an application to the court for an order. There will usually be a stay on that order. If the tenant still does not vacate the sherrif has to come and physically remove the tenant.
    The tenant need certainly not be on the street 42 days after being late with rent.

    Thank you for this reply as it is perhaps the first that actually addresses the issue I raised in my OP. But the situation you are describing involves a tenant breaking the law, no? This also highlights an issue of it being difficult to evict a tenant who squats. But again, it is skirting the issue of a landlord being able to issue a legal eviction notice if the rent is 15 days late.

    I ask again, would you be happy if the bank could legally issue you an eviction notice if your mortgage was 15 days late?


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


    bajer101 wrote: »
    Your questions are irrelevant and completely miss the point - as I expected. This forum seems to be just populated with landlords who want to put their point across instead of engaging with the details of the topics posted. But to satisfy your curiosity, the rent was paid in full up until the 31st December.

    Would you be happy if the bank could issue you with a legal eviction notice if you were 15 days behind with your mortgage?



    Thank you for this reply as it is perhaps the first that actually addresses the issue I raised in my OP. But the situation you are describing involves a tenant breaking the law, no? This also highlights an issue of it being difficult to evict a tenant who squats. But again, it is skirting the issue of a landlord being able to issue a legal eviction notice if the rent is 15 days late.

    I ask again, would you be happy if the bank could legally issue you an eviction notice if your mortgage was 15 days late?

    Mod note

    If you have an issue with a post please use the report post function rather than retorting on thread. Also please try not to make sweeping generalisations about this forum. Our posters come from all aspects of property issues.

    Thanks


  • Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    It can take a year to get some out as I mentioned before and that's with the tenant paying nothing.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    bajer101 wrote: »
    ... a tenant can be legally evicted for rent being 15 days late...

    Nope. They can be given notice thats all.
    bajer101 wrote: »
    A...Should the bank be allowed kick you and your family out on the street if you fall 15 days behind with your mortgage payment?..

    The bank will have just as hard a time as the LL.
    bajer101 wrote: »
    ...
    ...This is a very professional organisation with well over 100 properties.

    I don't understand why you think a large organisation or a professional will have more compassion. The opposite is true they will squeeze every cent out of the property as fast as they can. Thats what they mean by "professional".


    The problem is the RA system is flawed. But rather than fixing that, they made some other unenforceable rules, that just waste everyone's time.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    bajer101 wrote: »
    ...I ask again, would you be happy if the bank could legally issue you an eviction notice if your mortgage was 15 days late?

    If that was the case no one would get a mortgage and the rental supply would be even less than it is now!

    Are you happy that missing a mortgage payment affects your credit rating ...

    http://www.independent.ie/business/personal-finance/could-your-credit-score-be-poor-and-can-you-repair-it-30915681.html

    Should rent do the same?


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  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    bajer101 wrote: »
    From what I can gather, there is no come back from this. A tenant who is fifteen days late with their rent can be legally put out on the street. This was the crux of my query and if any of this is incorrect, I would welcome clarification.

    This should not be allowed happen.
    But after 52 days? And if not, why not?
    bajer101 wrote: »
    Regarding businesses having to wait on invoices: Ironically, I had been waiting on invoices to be paid for some contract work I had did last year. I had to hassle them for it as I obviously needed it. But if they struggled to pay would I have gone to court to put them out of business? Would I f*ck! You'd have to be a right tosser to do that.
    So if it came down to either you and your child being homeless, or them being in financial difficulty, you'd make yourself homeless?
    bajer101 wrote: »
    The obvious comparison is to the rights of a bank to evict a mortgage holder. If banks were legally entitled to evict a family from their home if the mortgage went 15 days in arrears, there would be uproar - and rightly so! As it is, banks have to go through a long, drawn out process - often taking years - to evict a mortgage holder who falls into arrears.
    Well, here's the thing the landlord can tell the tenant to leave if they don't pay, and they can leave or it can take a long time going through the PTRB to get the tenant out. If the LL is part of a large company, they probably have lots of experience with people not paying their rent, and thus if rent isn't paid, they start the process, because the sooner the process is started, the sooner the non-paying tenant is evicted, and a paying tenant is brought in.


  • Registered Users Posts: 299 ✭✭sullivk


    bajer101 wrote:
    Your questions are irrelevant and completely miss the point - as I expected. This forum seems to be just populated with landlords who want to put their point across instead of engaging with the details of the topics posted. But to satisfy your curiosity, the rent was paid in full up until the 31st December.


    I was just requesting additional details as you have posted this on a public forum and I assumed you were looking for advice. Best of luck with your situation.


  • Registered Users Posts: 2,178 ✭✭✭bajer101


    <mod snip: on thread discussion of moderation is a breach of forum charter>
    beauf wrote: »
    Nope. They can be given notice thats all.



    The bank will have just as hard a time as the LL.

    Am I missing something here? Is a notice not a legally binding document?
    The bank may well have just as hard a time to enforce that notice, but are you aware of any bank ever issuing such a notice after 15 days? I don't think they are legally entitled to issue one, whereas a Landlord is.

    Again, I ask. Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?

    I don't understand why you think a large organisation or a professional will have more compassion. The opposite is true they will squeeze every cent out of the property as fast as they can. Thats what they mean by "professional".

    Exactly. They would if they could, but they can't - due to legislation. My notice came from a large property organisation. They will nearly always do what they can get away with. It is not ok to say, ah sure, I would never do that to a tenant - these people will.

    The problem is the RA system is flawed. But rather than fixing that, they made some other unenforceable rules, that just waste everyone's time.

    That is one problem, but it is not the problem I am trying to address. Even if the rent allowance issue gets fixed, it will still be legal for a landlord to issue an eviction notice if rent is 15 days late. That is the problem I am highlighting.

    You can dance around this issue as much as you like. You can try and compare it buying a pint of milk. You can spout as many what ifs and what abouts, that you like - but it does not detract away from my OP and the point that I am trying to make - It is legal for a landlord to evict a family if the rent is 15 days late.

    Again, because I am talking mainly to landlords, I have to couch this in terms that you can appreciate:
    Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?


  • Registered Users Posts: 2,178 ✭✭✭bajer101


    beauf wrote: »
    If that was the case no one would get a mortgage and the rental supply would be even less than it is now!

    Are you happy that missing a mortgage payment affects your credit rating ...

    http://www.independent.ie/business/personal-finance/could-your-credit-score-be-poor-and-can-you-repair-it-30915681.html

    Should rent do the same?

    Sorry? I wasn't arguing for banks to be given the right to evict people! I was just pointing out that banks don't have the right to put people out of their homes after 15 days, and neither should landlords.

    If you miss a mortgage payment your credit rating is effected. In my scenario, if you miss the months rent you are out on the streets.
    the_syco wrote: »
    But after 52 days? And if not, why not?

    It's not after 52 days, it is after 15 days. An eviction notice can be issued after 15 days which is legally binding and which will put a family out of their home (albeit 28 days later).

    Again, I ask. Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?




    the_syco wrote: »
    So if it came down to either you and your child being homeless, or them being in financial difficulty, you'd make yourself homeless?

    Strawman argument that has no other purpose than to deflect. Read back you question. I am reluctant to get dragged down into this nonsense, but here we go. Shooting down strawmen is usually pointless, but here we go.

    Where did I say that it came down to choosing between making my child homeless and collecting a debt? Seriously, where did I say that? What I said that it was ironic (due to some posts comparing rent to business), that I had to chase up other people for invoices as I needed the money, but no way would I ever chase them through the courts and try to put them out of business. Evicting someone is the equivalent of that. I hold no truck with that sort of behaviour but the law as it stands allows it.
    Well, here's the thing the landlord can tell the tenant to leave if they don't pay, and they can leave or it can take a long time going through the PTRB to get the tenant out. If the LL is part of a large company, they probably have lots of experience with people not paying their rent, and thus if rent isn't paid, they start the process, because the sooner the process is started, the sooner the non-paying tenant is evicted, and a paying tenant is brought in.

    Ok. So now we get to the nub of it. Landlords like this legislation. Big business landlords are now taking advantage of it. Banks would absolutely love this legislation to be extended to them. Should this legislation be extended to banks?



    Again, I ask. Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?

    The answer is no, btw.

    I was a landlord too, a long while ago. Just like you. But here's me 15 years later getting threatened with a notice for eviction - perfectly legally. And I have a child with special needs. I was lucky in that I was able to easily swat it aside. But careful what you wish for.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    bajer101 wrote: »
    ...Am I missing something here? Is a notice not a legally binding document?
    The bank may well have just as hard a time to enforce that notice, but are you aware of any bank ever issuing such a notice after 15 days? I don't think they are legally entitled to issue one, whereas a Landlord is.

    Missing something yes.

    If you mean legally binding, that a judge can't overturn it. No.
    bajer101 wrote: »
    .
    Again, I ask. Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?

    Getting 15 days for a mortgage is like getting 1 days notice as a tenant if you paid a 6k deposit that was then lost if you missed your rent. Do ou think thats a valid (or useful) comparison for discussion.

    bajer101 wrote: »
    Exactly. They would if they could, but they can't - due to legislation. My notice came from a large property organisation. They will nearly always do what they can get away with.

    Wrong. They don't have to issue a notice at all. They've decided (being professional) to do it immediately.
    bajer101 wrote: »
    That is one problem, but it is not the problem I am trying to address. Even if the rent allowance issue gets fixed, it will still be legal for a landlord to issue an eviction notice if rent is 15 days late. That is the problem I am highlighting.

    Its notice. Not an eviction. You have the two things very much confused.
    bajer101 wrote: »
    You can dance around this issue as much as you like. You can try and compare it buying a pint of milk. You can spout as many what ifs and what abouts, that you like - but it does not detract away from my OP and the point that I am trying to make - It is legal for a landlord to evict a family if the rent is 15 days late.

    Again wrong. They can't. Only issue notice.

    In fairness you are derailing your own thread. If you listened to the advice, you'd see you've no risk of being homeless.
    bajer101 wrote: »
    Again, because I am talking mainly to landlords, I have to couch this in terms that you can appreciate:
    Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?

    Its got nothing to do with mortgages. Rather than talking about mortgages, you should read what has been posted.

    Notice is not eviction. Eviction takes a very long time, and a judge is likely to reset it if its paid or even partly paid.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    So essentially you haven't paid your rent for over two weeks and think it's wrong that you can be evicted?

    I've a mortgage, it's the most important payment every month for me and I make sure I prioritise it over everything else.

    Same when I rented.

    And no I'm not a landlord, I just like knowing I can put my key in the front door where I live with not having to worry.

    Live within the rules.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    bajer101 wrote: »
    ...So now we get to the nub of it. Landlords like this legislation. Big business landlords are now taking advantage of it. Banks would absolutely love this legislation to be extended to them. Should this legislation be extended to banks? ..

    Nope they don't because its toothless.

    Banks couldn't care less because they realize the same.


  • Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    bajer101 wrote: »

    Am I missing something here? Is a notice not a legally binding document?
    The bank may well have just as hard a time to enforce that notice, but are you aware of any bank ever issuing such a notice after 15 days? I don't think they are legally entitled to issue one, whereas a Landlord is.

    Again, I ask. Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?

    That is one problem, but it is not the problem I am trying to address. Even if the rent allowance issue gets fixed, it will still be legal for a landlord to issue an eviction notice if rent is 15 days late. That is the problem I am highlighting.

    Again, because I am talking mainly to landlords, I have to couch this in terms that you can appreciate:
    Would it be ok for a bank to issue you with a notice for eviction if you were 15 days behind with your mortgage?

    I don't see why you are comparing renting a property to owning a property? They are not comparable at all. When you own a property, you own the property. The bank has a charge against the property. When your house is repossessed, they are exercising their charge ie recovering their debt from your property.

    Whereas with a hire purchase agreement, the bank owns the car and you merely rent the car. I dont know how quickly a HP car will be repossessed if you dont make a payment, but I imagine ASAP.

    You dont own that rental property, you dont have an interest in that rental property and have no legal claim to that rental property. There is no comparison to a mortgaged property. You can be pretty sure if you were using a service like a utility, HP car, etc that 14 days behind repayment, that the company would be threatening to cut you off. Do you think a hotel or a car hire company would allow 14 days of use without payment?

    The problem with being a landlord in Ireland is that tenants think it is completely acceptable to be constantly late with their rent. In some states in the US, if you are 7 days behind on your rent the eviction process has started.

    If you don't want to be evicted, pay your rent on time. If you dont like the fact a landlord can evict you for not paying your rent, rent from a LA and get social housing. If you dont like the terms of private rental accommodation, dont rent it


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    The issue really is about being homeless.

    The problem is that housing for vunerable people should not be private rentals. it should be social housing. The problem is the RA is meant to provide this through out sourcing and its not fit for purpose.

    We're telling the OP he won't be made homeless. I'm not sure he understands that.


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  • Registered Users Posts: 2,178 ✭✭✭bajer101


    Stheno wrote: »
    So essentially you haven't paid your rent for over two weeks and think it's wrong that you can be evicted?

    Not exactly correctly, but yes, this is my point. You can be evicted if your rent is 15 days late.

    [QUOTE=Stheno;102314829 I've a mortgage, it's the most important payment every month for me and I make sure I prioritise it over everything else.

    Same when I rented.

    And no I'm not a landlord, I just like knowing I can put my key in the front door where I live with not having to worry.

    Live within the rules.

    That's fine. I also do the same. The roof over the head is my first bill.

    But if you missed your mortgage payment you would still be able to put your key in your door. I have just been threatened with a situation where I couldn't put the key in door of my home - because the rent would have been 15 days late.

    Are people not getting this?


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