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Holiday home overholding

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  • 27-01-2018 1:52am
    #1
    Registered Users Posts: 1,893 ✭✭✭


    Hi, first time poster in here looking for some advice.

    We own a holiday home that is typically let all year round for 1-3 weeks at a time (touristy spot) Bookings are mainly done online and paid with credit card etc all automatic so you never know who will turn up.

    All has been well for the last 5 years until this week a family of itinerants (may or may not be relevant) with 2 parents and 3 kids booked and paid online. They rang yesterday which would have been their last day and said they are refusing to leave the property and will be staying there rent free for as long as they see fit and that they 'know their rights'. They are being clever and never leaving the house vacant for a second.

    Now typically none of the usual suspects have any interest (Guards, Solicitor etc). What is the normal procedure for removal in this situation?


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Comments

  • Registered Users Posts: 82,616 ✭✭✭✭Atlantic Dawn
    M


    It's a holiday letting for a specific period and not a lease. This time of the year if you were to take your front and back door off they would likely move out sharpish.


  • Registered Users Posts: 25,950 ✭✭✭✭Mrs OBumble


    Just pay them to leave. It will be quicker in the long run.

    Who was the booking thru airbnb? Contact them for advice maybe?


  • Registered Users Posts: 1,893 ✭✭✭rex-x


    Just pay them to leave. It will be quicker in the long run.

    Who was the booking thru airbnb? Contact them for advice maybe?

    We would be going down the violence route long before we would ever pay them to be honest. I know its a different situation to a long term lease on the likes of a home so am just wondering who to contact to 'fast track' their removal (legally)


  • Registered Users Posts: 11,932 ✭✭✭✭scudzilla


    If i booked a hotel room, paid for 3 nights and then told hotel i was staying put i'm pretty sure the Garda would be called to remove me, how is this different?


  • Registered Users Posts: 3,949 ✭✭✭0ph0rce0


    A bunch of knackers have stolen your house and the guards won't get them out?

    Useless *****.

    Back down to that station asap


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  • Registered Users Posts: 1,893 ✭✭✭rex-x


    The Gardai have stated its a civil matter and they wont intervene.


  • Registered Users Posts: 3,949 ✭✭✭0ph0rce0


    rex-x wrote:
    The Gardai have stated its a civil matter and they wont intervene.


    Go back and tell them your house is being burgled and the intruders are inside


  • Registered Users Posts: 75 ✭✭muttnjeff


    rex-x wrote: »
    The Gardai have stated its a civil matter and they wont intervene.

    unbelievable

    not saying its untrue
    bloody unbelievable that the law wont /cant
    intervene


  • Registered Users Posts: 1,893 ✭✭✭rex-x


    muttnjeff wrote: »
    unbelievable

    not saying its untrue
    bloody unbelievable that the law wont /cant
    intervene

    From reading a few of the threads on here and some posts by GM228 (sp??) It seems the Gardai don't actually have the power to remove people so if you as in the example above stayed in a hotel for too long they would be unable to legally remove you.

    I'm all ears to ideas.


  • Registered Users Posts: 1,986 ✭✭✭Noo


    Are you willing to enter the property with them there? If so, go in (with back up) and start removing all the furniture and everything, going for the essentials first. Or maybe get the water and electricity cut off?


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  • Registered Users Posts: 230 ✭✭surrender monkey


    This isn't a tenancy and the RTB has no jurisdiction. They don't have any rights they are trespassing on private property. Cut the power, gas internet everything and hound them out.

    http://www.irishstatutebook.ie/eli/2004/act/27/section/3/enacted/en/html#sec3


  • Registered Users Posts: 846 ✭✭✭April 73


    They don’t have any rights to stay as they are not tenants. I’d turn off the utilities & get your furniture removed. Change the locks if they haven’t done that already? I like the idea of taking off the front & back door. They can’t all be there all the time? You need a bunch of burly helpers I think to carry them out.

    If burglars break into my house & start living there would the guards really say it’s a civil matter?


  • Registered Users Posts: 11 Orangeglacier


    Any way you can continue charging them with the details they gave you in the mean time? Or find something they've damaged and report them for criminal damage


  • Registered Users Posts: 18,569 ✭✭✭✭_Brian


    This is a terrible situation.

    I agree with a poster above that they are looking to be paid off to move and at this stage the chances are your house will be damaged either way :(

    Maybe contact the guards and explain that you are being blackmailed for money with threat of the property being damaged - isn’t that what they said, that’s a criminal issue right there ??

    If you had a few hard nosed mates you could rent them the house. Have them move in regardless ignoring anyone already there, not confrontational but occupying the property and making things uncomfortable.

    I don’t know


  • Registered Users Posts: 86 ✭✭shopper2011


    Just pay them to leave. It will be quicker in the long run.


    That idea is bad. You'd be better of hiring mercenaries than doing this. Don't be afraid of them, go down there and stand up to the bully.


  • Registered Users Posts: 86 ✭✭shopper2011


    Just pay them to leave. It will be quicker in the long run.


    That idea is bad. You'd be better of hiring mercenaries than doing this. Don't be afraid of them, go down there and stand up to the bully.


  • Registered Users Posts: 230 ✭✭surrender monkey


    https://www.irishexaminer.com/lifestyle/features/how-to-keep-squatters-out-of-your-home-276299.html

    Here's an article from 2014 there's a solicitor mentioned in it. Perhaps you could get advise there. To be honest I'd say the legal route would cost a fortune.


  • Registered Users Posts: 4,187 ✭✭✭The_Honeybadger


    It’s crazy that the gardai can’t intervene here.

    I really like the removing the doors idea, but as much as it would give you satisfaction to get them out without paying them off, I would be worried that they’d destroy the rest of the place before they leave. The cheapest option in the long run may be to just pay them off. It’s a really horrible situation and it makes me mad just thinking about it, can’t imagine the frustration you are feeling op. Hope you get it sorted out.


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


    Contact Pavee Point if there travelers?


  • Registered Users Posts: 1,917 ✭✭✭B00MSTICK


    _Brian wrote: »
    This is a terrible situation.

    I agree with a poster above that they are looking to be paid off to move and at this stage the chances are your house will be damaged either way :(

    I don’t know

    Unfortunately the lovely guests would have no problem rocking up after they've been removed (by whatever means) and break windows/trash the place anyway.

    I think I'd be cancelling all the utilities and going back to the guards and trying them again.


    A bit off the beaten track but you could try contact Pavee Point and see if they have any advice. I wouldn't be expecting any but you never know. Desperate times...


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  • Registered Users Posts: 846 ✭✭✭April 73


    _Brian wrote: »

    Maybe contact the guards and explain that you are being blackmailed for money with threat of the property being damaged - isn’t that what they said, that’s a criminal issue right there

    Yes, surely blackmail is a criminal offence?

    How did they pay previously? Can you charge their card again for rent. Ultimately though you need them gone ASAP so that isn’t really the answer. The longer they are there the harder & more costly this will get.


  • Registered Users Posts: 6,500 ✭✭✭touts


    Sadly you're better off to pay them to get out. These type will think nothing of trashing the place and doing thousands of euro of damage before you drag them out. Then they will probably come back in the middle of the night and burn the place down. And all the time the criminal justice industry will take their side because they are the ones that drive the income of the judges, lawyers, guards etc. If you take any physical action against them to defend your rights and property YOU will be the one the justice industry will put in jail because you are likely to only be a one time offender so worth nothing to them. Plus you'll be depicted in the media as a racist especially if you dare to do something like turn down a booking from their cousins a week later.

    So my advise is pay them off and try to find a legal way to filter future bookings (which is increasingly difficult).


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


    Go to the Guards again and tell them trespassing


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


    Who manages the letting?


  • Closed Accounts Posts: 2,738 ✭✭✭Heres Johnny


    Our traveller brethren covering themselves in glory again. Really are a scourge.
    I don't think violence will work they thrive on that. Pavee point if they are serious about getting respect for their community should intervene here and you should try them.

    This is the reason they dont have the respect of the settled community so use that as your angle.


  • Closed Accounts Posts: 455 ✭✭jasper100


    rex-x wrote: »
    From reading a few of the threads on here and some posts by GM228 (sp??) It seems the Gardai don't actually have the power to remove people so if you as in the example above stayed in a hotel for too long they would be unable to legally remove you.

    I'm all ears to ideas.

    I would think you would need to form a posse. Then call the guards. When the guards are coming down the road then enter the building and say you have just walked in and happened to find intruders in your property.


  • Registered Users Posts: 1,968 ✭✭✭blindside88


    I agree with a previous poster. Call the guards and say your holiday home is being burgled and the burgers are still inside causing damage. I’d be sure to advise the attending Gardai that if they don’t act you’ll be contacting GSOC and the media


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


    First port of call- is the agency through whom the letting was managed.
    They *need* to be made aware of the situation- and I would also explore whether you have a case against them.
    As for the current intruders (and I'm not entirely sure how they wouldn't be classified as 'intruders')- you need proper legal advice on an appropriate course of action.

    Company through whom the letting was made- first port of call........


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


    Turn off power, water, TV, internet; everything.
    rex-x wrote: »
    itinerants
    Pay them to leave, or they'll do one or all;
    • clean the house down to the lightbulbs
    • burn the place down
    • move a caravan to the side, and live there forever
    That idea is bad. You'd be better of hiring mercenaries than doing this. Don't be afraid of them, go down there and stand up to the bully.
    Standing up to them will end with one or all;
    • no life
    • missing body parts
    • burning house


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  • Registered Users Posts: 2,233 ✭✭✭deandean


    What a horrible, disgusting situation for you OP. Whatever you do, do it fast. They're probably trashing the house as we speak. I hope you get it sorted.


This discussion has been closed.
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