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Landlord evicted us for family member, now AirBNBing it

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245

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    #32
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    manualskeleton wrote: »
    Aggressiveness :D

    Fecking hell.

    I'm asking for what advice about avenues open to me in a case where I was moved on for a false reason. If you can't help me with that, I don't know what you're doing posting.

    Your assuming you were evicted on a a false reason stating complaining
    about broke aplliances and mould was one reason and the Eviction Order that
    a family member moved and suspected airbnb in was partially incorrect is of weak foundation.

    If the truth is not what you are after then refuse to read my posts as you have put your case on a public forum.If you submit your case to the RTB the answers will be the same or worse so a good lesson in your case.

    Reference to my posts as in your words "the state of you " and you have a chip on your shoulder would be in most people eyes aggressive behaviour, which probably got you evicted in the 1st place. You wanted an answer you got one.


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    #33
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Kaelyn Ripe Minor wrote: »
    Your assuming you were evicted on a a false reason stating complaining
    about broke aplliances and mould was one reason and the Eviction Order that
    a family member moved and suspected airbnb in was partially incorrect is of weak foundation.

    If the truth is not what you are after then refuse to read my posts as you have put your case on a public forum.If you submit your case to the RTB the answers will be the same or worse so a good lesson in your case.

    Reference to my posts as in your words "the state of you " and you have a chip on your shoulder would be in most people eyes aggressive behaviour, which probably got you evicted in the 1st place. You wanted an answer you got one.

    Hard night out last night?


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    #34
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Kaelyn Ripe Minor wrote: »
    Your assuming you were evicted on a a false reason stating complaining
    about broke aplliances and mould was one reason and the Eviction Order that
    a family member moved and suspected airbnb in was partially incorrect is of weak foundation.

    He is wondering if he was evicted because of the place being listed on an Airbnb site.
    If the truth is not what you are after then refuse to read my posts as you have put your case on a public forum.If you submit your case to the RTB the answers will be the same or worse so a good lesson in your case.

    I haven’t seen any legal answers from you. You just hurl insults.
    Reference to my posts as in your words "the state of you " and you have a chip on your shoulder would be in most people eyes aggressive behaviour, which probably got you evicted in the 1st place. You wanted an answer you got one.

    You accused him of being a burden in your first post. That was aggressive.

    Now you are claiming that the chip on his shoulder got him evicted. Also a personal attack.

    What does that mean? He’s angry because he was evicted so the landlord can’t have seen this chip on the shoulder before that. And evicting people because you don’t like them isn’t legal.


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    #35
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    davo10 wrote: »
    Hard night out last night?

    No!! I just believe tenants and ex-tenants just need a bit of "ToughLove" as the pun goes and need to jump on the governments back and not the Landlords as they are the orchestrators of the criplpled housing market, and people need to be brought up to speed as the situation is going to accelerate in the coming months.


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    #36
    manualskeleton
    Registered Users Posts: 98 ✭✭manualskeleton


    Kaelyn Ripe Minor wrote: »
    Your assuming you were evicted on a a false reason stating complaining
    about broke aplliances and mould was one reason and the Eviction Order that
    a family member moved and suspected airbnb in was partially incorrect is of weak foundation.

    If the truth is not what you are after then refuse to read my posts as you have put your case on a public forum.If you submit your case to the RTB the answers will be the same or worse so a good lesson in your case.

    Reference to my posts as in your words "the state of you " and you have a chip on your shoulder would be in most people eyes aggressive behaviour, which probably got you evicted in the 1st place. You wanted an answer you got one.

    Thanks for your poorly-informed non-contribution. I won't be responding to you again.


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    #37
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    Franz Von Peppercorn wrote: »
    He is wondering if he was evicted because of the place being listed on an Airbnb site.



    I haven’t seen any legal answers from you. You just hurl insults.



    You accused him of being a burden in your first post. That was aggressive.

    Now you are claiming that the chip on his shoulder got him evicted. Also a personal attack.

    What does that mean? He’s angry because he was evicted so the landlord can’t have seen this chip on the shoulder before that. And evicting people because you don’t like them isn’t legal.

    1) No he wasn't wondering he assumed his termination was illegal due to 2 reasons he stated.

    2) I implied that if his aggressive behaviour he displayed to me was a mirror image to the Landlord his assumption of complaining behaviour more than likely attributed to the eviction order but was not stated in letter and for good reason by the Landlord.

    3) I haven't attacked the poster in any shape or form and go read my OP for you answers on Procedures.

    4) This is starting to show a reflection of other tenants to Landlords so good postings.


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    #38
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    manualskeleton wrote: »
    Thanks for your poorly-informed non-contribution. I won't be responding to you again.

    No Problem! I will the accept the graititude even if done half -heartly,

    I've given you good advice and is something you need to absorb and digest
    even if its not palatable at the moment.


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    #39
    manualskeleton
    Registered Users Posts: 98 ✭✭manualskeleton


    I'll leave that aspect of the topic by stating that we were model tenants who took great care of a substandard agency property which at times had faults which put health at risk that were not fixed for months. Go cast your aspersions elsewhere.


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    #40
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    manualskeleton wrote: »
    I'll leave that aspect of the topic by stating that we were model tenants who took great care of a substandard agency property which at times had faults which put health at risk that were not fixed for months. Go cast your aspersions elsewhere.

    It would have been helpful if you stated this in you original post ! This is helpful
    to yourself in the future to not accept subdstandard in the future and to maybe up your price to acceptable high standards in your next search. and conduct a thorough investigation of inventory before signing.

    YOu weren't happy in your accomodation in fact you come accross as hating and begrudging the Landlord.....your out now and don't want to go back so Job done!
    Deposit which wasn't mentioned needs to negotiated by both and if still not happy lodge a complaint to the RTB in relation to above.


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    #41
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Kaelyn Ripe Minor wrote: »
    No!! I just believe tenants and ex-tenants just need a bit of "ToughLove" as the pun goes and need to jump on the governments back and not the Landlords as they are the orchestrators of the criplpled housing market, and people need to be brought up to speed as the situation is going to accelerate in the coming months.

    Mod Note

    Tone down the aggression in your posts please Kaelyn Ripe Minor, it's not necessary.


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    #42
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Kaelyn Ripe Minor wrote: »
    1) No he wasn't wondering he assumed his termination was illegal due to 2 reasons he stated.

    Which was perfectly legit of him.
    2) I implied that if his aggressive behaviour he displayed to me was a mirror image to the Landlord his assumption of complaining behaviour more than likely attributed to the eviction order but was not stated in letter and for good reason by the Landlord.

    You are far more aggressive than he is and those reasons would be illegal anyway contradicting your first post.
    3) I haven't attacked the poster in any shape or form and go read my OP for you answers on Procedures.

    You literally attacked him in your first post. Calling a renter who pays on time a burden is an attack.
    4) This is starting to show a reflection of other tenants to Landlords so good postings.

    I’m not a tenant. What’s being shown up here is landlord attitudes to tenants not vice versa.


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    #43
    Spook_ie
    Registered Users Posts: 10,896 ✭✭✭✭Spook_ie


    manualskeleton wrote: »
    There's tonnes of evidence. It's on a few sites and a clear listing date of second week of April. 2 nights for the whole house costs more than I paid per month :D That's the reason they've done it.

    But is it available for 1st week, 3rd week, 4th week etc. or just the second week?


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    #44
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    Franz Von Peppercorn wrote: »
    Which was perfectly legit of him.



    You are far more aggressive than he is and those reasons would be illegal anyway contradicting your first post.



    You literally attacked him in your first post. Calling a renter who pays on time a burden is an attack.



    I’m not a tenant. What’s being shown up here is landlord attitudes to tenants not vice versa.

    The Op stated He received a Court Order to be evicted" no mention of a renter paying on time and he later corrected himself as " a Notice of Termination" and not a "Court Order Eviction". Please read postings carefully as misinterpretations confusing the original post are redirected incorrectly.


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    #45
    manualskeleton
    Registered Users Posts: 98 ✭✭manualskeleton


    Kaelyn Ripe Minor wrote: »
    It would have been helpful if you stated this in you original post ! This is helpful
    to yourself in the future to not accept subdstandard in the future and to maybe up your price to acceptable high standards in your next search. and conduct a thorough investigation of inventory before signing.

    YOu weren't happy in your accomodation in fact you come accross as hating and begrudging the Landlord.....your out now and don't want to go back so Job done!
    Deposit which wasn't mentioned needs to negotiated by both and if still not happy lodge a complaint to the RTB in relation to above.

    Of course I didn't accept substandard accommodation. In fact, me not accepting it and lodging complaints as per my tenancy agreement in the way I was meant to is what I think got us asked to leave :D


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    #46
    manualskeleton
    Registered Users Posts: 98 ✭✭manualskeleton


    Spook_ie wrote: »
    But is it available for 1st week, 3rd week, 4th week etc. or just the second week?

    Loads of availability. It looks full time up as a holiday home.


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    #47
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    EdgeCase wrote: »
    It's not being regulated properly almost anywhere. I mean if you wanted to open a B&B or self catering you'd need to get planning permission. I don't see why this setup is being treated as different because it's online.

    Not necessarily, a b&b doesn't need planning if it has 4 bedrooms or less available for guests which would cover a lot of b&bs.


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    #48
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    manualskeleton wrote: »
    Of course I didn't accept substandard accommodation. In fact, me not accepting it and lodging complaints as per my tenancy agreement in the way I was meant to is what I think got us asked to leave :D

    By signing a contract is "A legal agreement by Yourself and the landlord "
    that you have accepted what's on offer "rightly or wrongly" .

    If you had a problem with inventory you should have lodged a complaint with the
    RTB during Tenancy agreement now you can't lodge the complaint as the tenacy
    agreement has ended...The Legal Agreement has ended .Its all pie in the sky.

    Anyway ! You'll be glad to hear "I have said all there is to say on this matter.


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    #49
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Kaelyn Ripe Minor wrote: »
    By signing a contract is "A legal agreement by Yourself and the landlord "
    that you have accepted what's on offer "rightly or wrongly" .

    That's an incredibly inaccurate oversimplification.

    Issues arise when what you receive is not what was offered/contracted or when what you receive is not inline with legislations (minimum standards etc).

    Heating is a great example. The fact the heating wasn't working when a tenant signed the contract for example doesn't absolve the landlord of their responsibility to provide functioning heating.


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    #50
    l5auim2pjnt8qx
    Closed Accounts Posts: 151 ✭✭l5auim2pjnt8qx


    Graham wrote: »
    That's an incredibly inaccurate oversimplification.

    Issues arise when what you receive is not what was offered/contracted or when what you receive is not inline with legislations (minimum standards etc).

    Heating is a great example. The fact the heating wasn't working when a tenant signed the contract for example doesn't absolve the landlord of their responsibility to provide functioning heating.

    If its incredibly oversimplification - then the message is quite clear.

    It wasn't stated in any of his posts if heating was broken before contract was signed or afterwards ,this would be incredibly hard to prove in court or at a tribunal as its his word and against the landlords ....it would fall on the tenant having to check to the property heating etc out beforehand.(signed contract)

    And yes Minimum standards have to aspired to by the Landlord during tenancy
    and falls on Landlord to fix them hence why I told him he should off related the
    case to the RTB.....no mention of poster of any findings of a case.


    Anyway : defo outta here.


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    #51
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Kaelyn Ripe Minor wrote: »
    If its incredibly oversimplification - then the message is quite clear.

    It wasn't stated in any of his posts if heating was broken before contract was signed or afterwards ,this would be incredibly hard to prove in court or at a tribunal as its his word and against the landlords

    For the benefit of any tenant who finds themselves without functioning heating:

    It doesn't matter when the heating was broken.

    The landlord is obligated to provide functioning heating. It is part of the minimum standards for rented accommodation that apply to all tenancies and cannot be opted/contracted out of by either party.


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    #52
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    manualskeleton wrote: »
    Hard to describe how strange it is seeing your old bedroom on an accommodation site :D

    and how. One of my previous rentals is up for sale.. very strange


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    #53
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Kaelyn Ripe Minor wrote: »
    If the Landlord broke the rules during your tenancy you were 100% correct to take a case to the RTB board as you should have received a copy of and read
    explaining the procedure.

    No point in crying over spilled milk if the property is not for you move on
    or in your case you were evicted. I assume you have found new accomodation and if you haven't you have learned something new.

    Your making a case known on this forum if the adequate details are not sufficient
    that's your chip on your shoulder to burden.

    As a Landlord if I was met with tenants with this aggressiveness you would be evicted before the 6months Part IV came into operation.

    What "aggressiveness?" He is seeking what are his rights is all ..


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    #54
    jsd1004
    Registered Users Posts: 719 ✭✭✭jsd1004


    davo10 wrote: »
    There is a difference between a tenant and a guest. The RTB applies to tenancies, but wouldn't apply to a guest in a B&B/hotel (you don't have to register a tenancy every time an Airbnb guest stays) so the site doesn't matter, the owner/son is not letting to another tenant. The son's answer to this, I'm certain, will be that he lives there and moves out when guests stay.

    I'm not downplaying it, I said there is nothing to stop you opening a dispute with RTB, and I'd say your suspicions are correct, but they will claim son still lives there and the property is not being re-let within the 6 month period.

    A bit pedantic here but i suspect you would need to prove that the property is being/has been let for short term lettings. There is no restriction on anyone placing an advert on Airbnb/Daft/Booking.com. You will need proof that they actually are engaging in short term lets. They could be just doing market research on a viability of a BNB before applying for planning etc.


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    #55
    manualskeleton
    Registered Users Posts: 98 ✭✭manualskeleton


    jsd1004 wrote: »
    A bit pedantic here but i suspect you would need to prove that the property is being/has been let for short term lettings. There is no restriction on anyone placing an advert on Airbnb/Daft/Booking.com. You will need proof that they actually are engaging in short term lets. They could be just doing market research on a viability of a BNB before applying for planning etc.


    How about that the room has validated bookings on a website since the start of April?


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    #56
    jsd1004
    Registered Users Posts: 719 ✭✭✭jsd1004


    manualskeleton wrote: »
    jsd1004 wrote: »
    A bit pedantic here but i suspect you would need to prove that the property is being/has been let for short term lettings. There is no restriction on anyone placing an advert on Airbnb/Daft/Booking.com. You will need proof that they actually are engaging in short term lets. They could be just doing market research on a viability of a BNB before applying for planning etc.


    How about that the room has validated bookings on a website since the start of April?

    There is no way to know that from the Airbnb site. What you are seeing are unavailable calendar dates. There is no way to actually confirm that that is your old property either as Airbnb will not give out an exact address/contact details without a confirmed booking.
    Another problem is that anyone could list a property using photos they scraped from daft etc. Ie. Scammers.
    Airbnb have ways to safeguard customers against this but you will not be aware of it unless you have an issue that effects you as their client.


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    #57
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    manualskeleton wrote: »
    How about that the room has validated bookings on a website since the start of April?

    I don't think you will have any success. He is not reletting the property so he is under no obligation to offer it to you. Yes it sucks but it's not down to air BnB or even the landlord, I would point the finger of blame firmly at the current and past minister for housing. The have limited LLs ability to increase rent but provided no assurance when they were losing money so it is no surprise they are trying to maximise their income now any way they can.

    Anecdotally I know of several landlords who are going purely via Airbnb now due to the restrictive rental laws.


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    #58
    manualskeleton
    Registered Users Posts: 98 ✭✭manualskeleton


    jsd1004 wrote: »
    There is no way to know that from the Airbnb site. What you are seeing are unavailable calendar dates. There is no way to actually confirm that that is your old property either as Airbnb will not give out an exact address/contact details without a confirmed booking.
    Another problem is that anyone could list a property using photos they scraped from daft etc. Ie. Scammers.
    Airbnb have ways to safeguard customers against this but you will not be aware of it unless you have an issue that effects you as their client.


    I have a screenshot from booking.com that says "rooms recently booked".


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    #59
    jsd1004
    Registered Users Posts: 719 ✭✭✭jsd1004


    manualskeleton wrote: »
    jsd1004 wrote: »
    There is no way to know that from the Airbnb site. What you are seeing are unavailable calendar dates. There is no way to actually confirm that that is your old property either as Airbnb will not give out an exact address/contact details without a confirmed booking.
    Another problem is that anyone could list a property using photos they scraped from daft etc. Ie. Scammers.
    Airbnb have ways to safeguard customers against this but you will not be aware of it unless you have an issue that effects you as their client.


    I have a screenshot from booking.com that says "rooms recently booked".

    Yes but can you prove they actually stayed. The reason the guy in Temple Bar was done for planning violations was that he admitted doing it. If the owner denies it it is up to the council to prove a planning breach which could be very difficult. Especially if the owners son is committing the planning breach.


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    #60
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    runawaybishop wrote: »
    I don't think you will have any success. He is not reletting the property so he is under no obligation to offer it to you. Yes it sucks but it's not down to air BnB or even the landlord, I would point the finger of blame firmly at the current and past minister for housing. The have limited LLs ability to increase rent but provided no assurance when they were losing money so it is no surprise they are trying to maximise their income now any way they can.

    Anecdotally I know of several landlords who are going purely via Airbnb now due to the restrictive rental laws.

    I may be off beam but isn't it a requirement to prove that the property, if the tenancy is terminated for occupation by a named individual, is actually "needed" by them, i.e. you couldn't terminate a tenancy in order to use as a holiday home, weekday-only occupation for work etc.

    I seem to remember a thread on this topic a while back but can't remember the final conclusions, if any.


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    #61
    jsd1004
    Registered Users Posts: 719 ✭✭✭jsd1004


    sunnysoutheast wrote: »
    runawaybishop wrote: »
    I don't think you will have any success. He is not reletting the property so he is under no obligation to offer it to you. Yes it sucks but it's not down to air BnB or even the landlord, I would point the finger of blame firmly at the current and past minister for housing. The have limited LLs ability to increase rent but provided no assurance when they were losing money so it is no surprise they are trying to maximise their income now any way they can.

    Anecdotally I know of several landlords who are going purely via Airbnb now due to the restrictive rental laws.

    I may be off beam but isn't it a requirement to prove that the property, if the tenancy is terminated for occupation by a named individual, is actually "needed" by them, i.e. you couldn't terminate a tenancy in order to use as a holiday home, weekday-only occupation for work etc.

    I seem to remember a thread on this topic a while back but can't remember the final conclusions, if any.

    There is nothing to stop the son of the owner from letting the property out on the days he is not there. Subject to planning etc.


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