Landlord evicted us for family member, now AirBNBing it

manualskeleton

sunnysoutheast wrote: »

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.

This is my understanding of it too. It specifically names that person on the notice of termination and says it's for their use. They must also specify the length of use and it's down here as "indefinitely".

When I look at Section 34 again, I think they did it this way because they intended to do it up and re-let and didn't want to give us first refusal, as they must do as per part 5 of that section.

The_Conductor

Deleted User wrote: »

Just had a quick look on Airbnb and there are over 300 whole houses/apartments available and the same again of bedrooms only in Dublin alone . Imagine if they were available on the rental market!

I'm letting the whole of my apartment for the second week in May- and I let it for a week in February, a week at Easter and I'll be doing it again over Halloween and for weekends over the summer. Sometimes- its a straight swap for another property- sometimes not. My brother is staying with us this weekend- he lives in London- he has his house let out on Airbnb for the weekend.

Lots of people let out their whole property- it doesn't mean they're not living in them- and it doesn't mean they would be available for the mainstream letting market- if they weren't on Airbnb.

I can think of 6 close friends who let out their whole apartments- some of them most weekends- on airbnb- and all 6 are in Dublin (3 are in Smithfield, one in Rathmines, one in D2 and one in Dundrum). They all let the entirety of their apartments- and more often than not go traveling at the weekend.

My own lettings- correspond with when my kids are on holidays- and we visit family or friends (or occasionally- do a houseswap elsewhere- we had a lovely house in Lisbon as a swap not so long ago, and we'll be in Berlin in August- on straight swaps).

I'd have a serious issue with anyone suggesting a property featuring on airbnb- is somehow some sort of ploy to exclude it from the mainstream rental market- I know it does happen- however, to suggest that its the majority of Dublin or Irish listings- is making a widesweeping assumption without any hard facts on which to base it.

There are several websites which facilitate house/apartment swaps- not just airbnb or booking.com- and its been happening- perhaps not widespread, but happening- for over 30 years in Ireland.

Close down airbnb/booking.com etc- fine- but if you imagine that the 1,200 odd units available in Ireland will suddenly be on the long term rental market- you're going to be sorely disappointed.

As for the OP and his situation.
There is a vast difference between an eviction and a termination of a tenancy. They are entirely different things. I don't know whether, or not, the OP's landlord and/or his son- are deliberately trying to circumvent the legislation- however, if the property is not being let other than for short term lets- it is entirely plausible that the landlord's son may be letting it for a week here, a week there- the odd weekend etc- quite legitimately. You may argue otherwise- but there lots of people doing it- and it can be (but is not always) legitimate.

As for offering it to you- if it is put back on the market for long term rental (and airbnb does not necessarily count- even if it is the whole property)- the landlord is obliged to offer it to you- if you provided him/her with uptodate contact details for you- if its less than 6 months since the ending of the tenancy. However- I don't see how you could expect to suggest that the guy letting it for a week here- a weekend there- is somehow a breach of their obligation to offer it back to you.

If you do lodge an RTB case- I'd be very surprised if it succeeded- for the simple reason- there is no alternate tenancy in the unit- and there is nothing wrong with letting it for occasional lets.

Note- one thing we probably need to do- is bring in a maximum number of days any property can be let on airbnb (or similar) in a calendar year. I'd suggest 90 days is tonnes- and its a nice round figure that most people could work with.

jsd1004

The_Conductor wrote: »

Deleted User wrote: »

Just had a quick look on Airbnb and there are over 300 whole houses/apartments available and the same again of bedrooms only in Dublin alone . Imagine if they were available on the rental market!

I'm letting the whole of my apartment for the second week in May- and I let it for a week in February, a week at Easter and I'll be doing it again over Halloween and for weekends over the summer. Sometimes- its a straight swap for another property- sometimes not. My brother is staying with us this weekend- he lives in London- he has his house let out on Airbnb for the weekend.

Lots of people let out their whole property- it doesn't mean they're not living in them- and it doesn't mean they would be available for the mainstream letting market- if they weren't on Airbnb.

I can think of 6 close friends who let out their whole apartments- some of them most weekends- on airbnb- and all 6 are in Dublin (3 are in Smithfield, one in Rathmines, one in D2 and one in Dundrum). They all let the entirety of their apartments- and more often than not go traveling at the weekend.

My own lettings- correspond with when my kids are on holidays- and we visit family or friends (or occasionally- do a houseswap elsewhere- we had a lovely house in Lisbon as a swap not so long ago, and we'll be in Berlin in August- on straight swaps).

I'd have a serious issue with anyone suggesting a property featuring on airbnb- is somehow some sort of ploy to exclude it from the mainstream rental market- I know it does happen- however, to suggest that its the majority of Dublin or Irish listings- is making a widesweeping assumption without any hard facts on which to base it.

There are several websites which facilitate house/apartment swaps- not just airbnb or booking.com- and its been happening- perhaps not widespread, but happening- for over 30 years in Ireland.

Close down airbnb/booking.com etc- fine- but if you imagine that the 1,200 odd units available in Ireland will suddenly be on the long term rental market- you're going to be sorely disappointed.

As for the OP and his situation.
There is a vast difference between an eviction and a termination of a tenancy. They are entirely different things. I don't know whether, or not, the OP's landlord and/or his son- are deliberately trying to circumvent the legislation- however, if the property is not being let other than for short term lets- it is entirely plausible that the landlord's son may be letting it for a week here, a week there- the odd weekend etc- quite legitimately. You may argue otherwise- but there lots of people doing it- and it can be (but is not always) legitimate.

As for offering it to you- if it is put back on the market for long term rental (and airbnb does not necessarily count- even if it is the whole property)- the landlord is obliged to offer it to you- if you provided him/her with uptodate contact details for you- if its less than 6 months since the ending of the tenancy. However- I don't see how you could expect to suggest that the guy letting it for a week here- a weekend there- is somehow a breach of their obligation to offer it back to you.

If you do lodge an RTB case- I'd be very surprised if it succeeded- for the simple reason- there is no alternate tenancy in the unit- and there is nothing wrong with letting it for occasional lets.

Note- one thing we probably need to do- is bring in a maximum number of days any property can be let on airbnb (or similar) in a calendar year. I'd suggest 90 days is tonnes- and its a nice round figure that most people could work with.

It's a minefield for the planning authority. There is no definition in this country of a "short term let " so there is little way to enforce it.

jsd1004

jsd1004 wrote: »

The_Conductor wrote: »

Deleted User wrote: »

Just had a quick look on Airbnb and there are over 300 whole houses/apartments available and the same again of bedrooms only in Dublin alone . Imagine if they were available on the rental market!

I'm letting the whole of my apartment for the second week in May- and I let it for a week in February, a week at Easter and I'll be doing it again over Halloween and for weekends over the summer. Sometimes- its a straight swap for another property- sometimes not. My brother is staying with us this weekend- he lives in London- he has his house let out on Airbnb for the weekend.

Lots of people let out their whole property- it doesn't mean they're not living in them- and it doesn't mean they would be available for the mainstream letting market- if they weren't on Airbnb.

I can think of 6 close friends who let out their whole apartments- some of them most weekends- on airbnb- and all 6 are in Dublin (3 are in Smithfield, one in Rathmines, one in D2 and one in Dundrum). They all let the entirety of their apartments- and more often than not go traveling at the weekend.

My own lettings- correspond with when my kids are on holidays- and we visit family or friends (or occasionally- do a houseswap elsewhere- we had a lovely house in Lisbon as a swap not so long ago, and we'll be in Berlin in August- on straight swaps).

I'd have a serious issue with anyone suggesting a property featuring on airbnb- is somehow some sort of ploy to exclude it from the mainstream rental market- I know it does happen- however, to suggest that its the majority of Dublin or Irish listings- is making a widesweeping assumption without any hard facts on which to base it.

There are several websites which facilitate house/apartment swaps- not just airbnb or booking.com- and its been happening- perhaps not widespread, but happening- for over 30 years in Ireland.

Close down airbnb/booking.com etc- fine- but if you imagine that the 1,200 odd units available in Ireland will suddenly be on the long term rental market- you're going to be sorely disappointed.

As for the OP and his situation.
There is a vast difference between an eviction and a termination of a tenancy. They are entirely different things. I don't know whether, or not, the OP's landlord and/or his son- are deliberately trying to circumvent the legislation- however, if the property is not being let other than for short term lets- it is entirely plausible that the landlord's son may be letting it for a week here, a week there- the odd weekend etc- quite legitimately. You may argue otherwise- but there lots of people doing it- and it can be (but is not always) legitimate.

As for offering it to you- if it is put back on the market for long term rental (and airbnb does not necessarily count- even if it is the whole property)- the landlord is obliged to offer it to you- if you provided him/her with uptodate contact details for you- if its less than 6 months since the ending of the tenancy. However- I don't see how you could expect to suggest that the guy letting it for a week here- a weekend there- is somehow a breach of their obligation to offer it back to you.

If you do lodge an RTB case- I'd be very surprised if it succeeded- for the simple reason- there is no alternate tenancy in the unit- and there is nothing wrong with letting it for occasional lets.

Note- one thing we probably need to do- is bring in a maximum number of days any property can be let on airbnb (or similar) in a calendar year. I'd suggest 90 days is tonnes- and its a nice round figure that most people could work with.

It's a minefield for the planning authority. There is no definition in this country of a "short term let " so there is little way to enforce it.

I have queried the councils on this and they state if it is used for a commercial purpose it is not allowed. But renting long term to make a profit is a commercial purpose as well for which they have not responded and have stated they need to get legal advice.

davo10

jsd1004 wrote: »

I have queried the councils on this and they state if it is used for a commercial purpose it is not allowed. But renting long term to make a profit is a commercial purpose as well for which they have not responded and have stated they need to get legal advice.

I don't see how Airbnb letting is a commercial enterprise, I wish it could be, I'd love to pay the commercial rate of tax on my Airbnb income.

Lumen

davo10 wrote: »

I don't see how Airbnb letting is a commercial enterprise, I wish it could be, I'd love to pay the commercial rate of tax on my Airbnb income.

Company profits are taxed at least twice, once at year end as corporation tax and then again at marginal rate when dividends are distributed. These taxes are compounded.

Is that what you want? Because you'd pay more tax, not less.

Cuddlesworth

jsd1004 wrote: »

I have queried the councils on this and they state if it is used for a commercial purpose it is not allowed. But renting long term to make a profit is a commercial purpose as well for which they have not responded and have stated they need to get legal advice.

That's the best post I have read on this site in a long time.

Muahahaha

OP I dont think anyone here can give you a definite yes or no as to whether you have a case or not. AFAIR the RTB have detailed reporting on cases heard by their Tenancy Tribunals. You could do a search there for Airbnb and see if any similar cases have come up. If it hasnt I would say it is worth going forward, it will only cost you 25 euro to find out.

BUACHAILL

Just reading through this thread the divide between tenant and landlord is continuing to widen and I am not suprised.

People on saying all the houses on airbnb etc imagine they could be on the rental market ? This is not a dictatorship people should be able to do as they please with their own properties. Its not the private sector landlords that have the housing crisis as it is.

OP - You sound like your just chasing a quick pound if I am honest "no agression meant" I best be careful how I chose my words other people now have a skill of being able to translate tones in text...impressive. Amazing what we see and look for when we do not like the response.

The fact of the matter is the LL has done nothing wrong and your just after him as you feel you lost. You didn't, by sounds of it you got out of a sh.ithole.


This issue is far too broad to blanket treat every landlord the same. I agree rules should be there to protect the tenant but it should be fair and protect the landlord also. The protection level should be decided on a case by case basis. Some landlords/investment companies have hundreds of rentals, others have one home they struggle to pay for so cannot afford the wrong tenant.

You want to blame somebody. Blame the state. They are allowing hundreds of apartments be sold in one swoop to investment companies, they never even hit market. Airbnb is not your problem again its greedy banks and the state.

Paz-CCFC

The landlord's obligation to offer the property back to the tenant is not limited to circumstances where it is to be rented out again under a residential tenancy agreement. It applies to where the "dwelling is vacated" within six months of the notice period (paragraph 4 of the table under section 34 of the RTA 2004). It doesn't matter what a landlord's plans are, if he terminates the tenancy due to him requiring it for his occupation or that of a family member, and that person leaves within 6 months, then he has to offer it back to the previous tenant. Provided the contact details were passed on, of course.

You could argue that the family member is still living there and renting it out on AirBnB or that he's moving out throughout the year to facilitate guests staying in the whole house. But, this is a civil case. You don't have to prove things beyond all doubt, merely on the balance of probabilities. If you have evidence of being able to book the house for long periods and at numerous dates, especially actually having a confirmed booking, then that sounds like fairly good evidence. If the landlord wants to argue otherwise, he'd have to provide his own evidence. Also, if, as argued on this thread, the family member is in a position to move out of the dwelling for weeks at a time throughout the year to allow the whole house to be rented out, then it doesn't sound like it was "required" by him at all.

At this stage, the most important thing is to document everything, if you haven't been doing this already. You've mentioned things like being able to book, so screenshot that while you can. Having things in black and white like that is very important and could turn out to be the main piece of evidence on which the case turned.

At the end of the day, it's up to you, who has more facts about the case than anyone on here, to decide if it's worth taking the case.

BUACHAILL

Paz-CCFC wrote: »

The landlord's obligation to offer the property back to the tenant is not limited to circumstances where it is to be rented out again under a residential tenancy agreement. It applies to where the "dwelling is vacated" within six months of the notice period (paragraph 4 of the table under section 34 of the RTA 2004). It doesn't matter what a landlord's plans are, if he terminates the tenancy due to him requiring it for his occupation or that of a family member, and that person leaves within 6 months, then he has to offer it back to the previous tenant. Provided the contact details were passed on, of course.

You could argue that the family member is still living there and renting it out on AirBnB or that he's moving out throughout the year to facilitate guests staying in the whole house. But, this is a civil case. You don't have to prove things beyond all doubt, merely on the balance of probabilities. If you have evidence of being able to book the house for long periods and at numerous dates, especially actually having a confirmed booking, then that sounds like fairly good evidence. If the landlord wants to argue otherwise, he'd have to provide his own evidence. Also, if, as argued on this thread, the family member is in a position to move out of the dwelling for weeks at a time throughout the year to allow the whole house to be rented out, then it doesn't sound like it was "required" by him at all.

At this stage, the most important thing is to document everything, if you haven't been doing this already. You've mentioned things like being able to book, so screenshot that while you can. Having things in black and white like that is very important and could turn out to be the main piece of evidence on which the case turned.

At the end of the day, it's up to you, who has more facts about the case than anyone on here, to decide if it's worth taking the case.

If he has let it out to a family member and states in their contract he gives permission for them to sublet the property, then what ?

manualskeleton

BUACHAILL wrote: »

Just reading through this thread the divide between tenant and landlord is continuing to widen and I am not suprised.

People on saying all the houses on airbnb etc imagine they could be on the rental market ? This is not a dictatorship people should be able to do as they please with their own properties. Its not the private sector landlords that have the housing crisis as it is.

OP - You sound like your just chasing a quick pound if I am honest "no agression meant" I best be careful how I chose my words other people now have a skill of being able to translate tones in text...impressive. Amazing what we see and look for when we do not like the response.

The fact of the matter is the LL has done nothing wrong and your just after him as you feel you lost. You didn't, by sounds of it you got out of a sh.ithole.


This issue is far too broad to blanket treat every landlord the same. I agree rules should be there to protect the tenant but it should be fair and protect the landlord also. The protection level should be decided on a case by case basis. Some landlords/investment companies have hundreds of rentals, others have one home they struggle to pay for so cannot afford the wrong tenant.

You want to blame somebody. Blame the state. They are allowing hundreds of apartments be sold in one swoop to investment companies, they never even hit market. Airbnb is not your problem again its greedy banks and the state.

Dictatorship point - it's Section 34 of the tenancy act. It's very specific on what is and isn't allowed

Quick buck? There would be nothing in it for us as far as I can tell. It'd be a fine for the landlord. What's motivating us is being put on the long finger for months on end to get stuff done that's covered under legislation as minimum standards, having health problems, and for one of us, getting moved out only months after moving in. I constantly had to chase the agency for fixing basic issues, tried all avenues I could find like local authority for the major issues but they were no use etc. There were times I couldn't stay in my room there due to one of the issues. I ended up finding a stopgap solution for that problem myself after months of being assured that it'd be fixed soon, but the underlying issue was actually never fixed - it probably still isn't, I pity whoever rents this place for a holiday if they get it on a bad day. When the agency finally came and made a list of things to fix... Next thing we heard, we're being evicted.

I was going to go the RTB route previously but decided just to let it go and move on. Seeing it as a holiday home is salt in the wound though, especially for the person who was only a short time there and had to find somewhere new again. I can't stand the kind of behaviour these folks are trying to get away with.

BUACHAILL

manualskeleton wrote: »

Dictatorship point - it's Section 34 of the tenancy act. It's very specific on what is and isn't allowed

Quick buck? There would be nothing in it for us as far as I can tell. It'd be a fine for the landlord. What's motivating us is being put on the long finger for months on end to get stuff done that's covered under legislation as minimum standards, having health problems, and for one of us, getting moved out only months after moving in. I constantly had to chase the agency for fixing basic issues, tried all avenues I could find like local authority for the major issues but they were no use etc. There were times I couldn't stay in my room there due to one of the issues. I ended up finding a stopgap solution for that problem myself after months of being assured that it'd be fixed soon, but the underlying issue was actually never fixed - it probably still isn't, I pity whoever rents this place for a holiday if they get it on a bad day. When the agency finally came and made a list of things to fix... Next thing we heard, we're being evicted.

I was going to go the RTB route previously but decided just to let it go and move on. Seeing it as a holiday home is salt in the wound though, especially for the person who was only a short time there and had to find somewhere new again. I can't stand the kind of behaviour these folks are trying to get away with.

For someone who seems to know so much of the legalities, you say you don't know if there is anything in it for you ? your doing it for other people ? give over. In your earlier post you say it stinks as it should have been offered back to you ? so tell me what really is your issue ? Hard to see past you seeking damages for it not being offered back to you....hence my comment !!

Sub standard conditions is not acceptable I agree. Tell me how long where you in this property ? When did all these issues happen ? Why is it now its an issue of being sub standard yet you were continually paying rent in sub standard conditions ? I know I wouldn't accept it and especially so if it was being handled by an agency ???

Oh and on the dictatorship point. Your wrong. If someone wants to allow their house go on airbnb it's their right. I don't see how they have broken section 42 and and furthermore if your making a complaint regarding the fact and going after him for damages like you seem intent on doing you will need to prove beyond doubt not just probable like another poster suggested. I think that is going to be quite difficult.

Saying that if what you have said is all true. He deserves what he gets.

l5auim2pjnt8qx

manualskeleton wrote: »

Dictatorship point - it's Section 34 of the tenancy act. It's very specific on what is and isn't allowed

Quick buck? There would be nothing in it for us as far as I can tell. It'd be a fine for the landlord. What's motivating us is being put on the long finger for months on end to get stuff done that's covered under legislation as minimum standards, having health problems, and for one of us, getting moved out only months after moving in. I constantly had to chase the agency for fixing basic issues, tried all avenues I could find like local authority for the major issues but they were no use etc. There were times I couldn't stay in my room there due to one of the issues. I ended up finding a stopgap solution for that problem myself after months of being assured that it'd be fixed soon, but the underlying issue was actually never fixed - it probably still isn't, I pity whoever rents this place for a holiday if they get it on a bad day. When the agency finally came and made a list of things to fix... Next thing we heard, we're being evicted.

I was going to go the RTB route previously but decided just to let it go and move on. Seeing it as a holiday home is salt in the wound though, especially for the person who was only a short time there and had to find somewhere new again. I can't stand the kind of behaviour these folks are trying to get away with.

Its sounds like a right kip , but as you have said yourself you should have contacted the RTB as this was the avenue to take but didn't .

If you were only there for a few months you didn't even have Part IV tenancies
,if you had lasted the 6 months you would of had Part IV tenancy making it
hard for you to be evicted .

You've said that you moved on but haven't really and is looking to get one
on the Landlord and Agency as you wouldn't have wanted to stay in the property as it was causing such hardship.

So you have to ask yourself is the Airbnb or substandard accomodation
that is really eating you up inside.Your are out of it now so stop reliving
the bad times.

sandy2000

At least some of those people demanding absolute proof that Airbnb contributes to the rental shortage must be reluctant to see it because they're doing the same themselves. That's fine. No one wants to think they're responsible and you're not individually but when you have hundreds doing it, it becomes a social problem.

And there are a lot doing it in Dublin at least. Anecdotal obviously but I used to live in the city centre in a block that was all families, couples and student rentals. About 40 apartments. By three years ago, at least half that building was full-time Airbnb. There are hotel-style cleaners with cleaning trollies going up and down apartment blocks in the city centre every day. There are guys who are in the same place every day meeting tourists with bags in the city centre who have key-rings with 30 plus apartment keys on them (at least). Do some people use Airbnb to rent their apartment when they're away? Of course. But a lot use it as a way of running a full-time holiday accommodation service. They do it here, they do it everywhere. And its why a lot of countries and cities have introduced restrictions.

In terms of the OP, I think some posts are confusing two issues.

One is the RTB one about the notice and breach of the Act because the son is no longer living there. That's all you need to show there (although the Airbnb proof helps obviously).

Second is the fact its up on Airbnb full-time without planning. That's a local authority enforcement issue. You don't need to 'prove' anything there. It's not your case, it's the council's. All you can do is make a report to them of what your position is with as much info as you can and then it's up to them whether they follow it up and how.


And the people saying move on and forget it are just encouraging other landlords to do the same. Why let landlord who'll evict tenants on a lie get away with it? It's easy to report this stuff to RTB and council.

BUACHAILL

sandy2000 wrote: »

At least some of those people demanding absolute proof that Airbnb contributes to the rental shortage must be reluctant to see it because they're doing the same themselves. That's fine. No one wants to think they're responsible and you're not individually but when you have hundreds doing it, it becomes a social problem.

And there are a lot doing it in Dublin at least. Anecdotal obviously but I used to live in the city centre in a block that was all families, couples and student rentals. About 40 apartments. By three years ago, at least half that building was full-time Airbnb. There are hotel-style cleaners with cleaning trollies going up and down apartment blocks in the city centre every day. There are guys who are in the same place every day meeting tourists with bags in the city centre who have key-rings with 30 plus apartment keys on them (at least). Do some people use Airbnb to rent their apartment when they're away? Of course. But a lot use it as a way of running a full-time holiday accommodation service. They do it here, they do it everywhere. And its why a lot of countries and cities have introduced restrictions.

In terms of the OP, I think some posts are confusing two issues.

One is the RTB one about the notice and breach of the Act because the son is no longer living there. That's all you need to show there (although the Airbnb proof helps obviously).

Second is the fact its up on Airbnb full-time without planning. That's a local authority enforcement issue. You don't need to 'prove' anything there. It's not your case, it's the council's. All you can do is make a report to them of what your position is with as much info as you can and then it's up to them whether they follow it up and how.


And the people saying move on and forget it are just encouraging other landlords to do the same. Why let landlord who'll evict tenants on a lie get away with it? It's easy to report this stuff to RTB and council.

I was wondering how long it was going to take to get this reply, not long at all it seems.

You have completely missed several points and it's attitudes like yours that push landlords to not get involved into the rental market as much as its the investment companies supply and demand tactics which drive up the prices.

All the while nobody focuses on the state who should be providing more affordable housing , but wait ...what property they had went to Nama for buttons so they must buy it back in order to do that and that's not affordable.

Ask yourself. If I own a house that I am in a position to let out. I just own one. why on earth would I put myself out there to be spanked by multiple bodies. You are on a hiding to nothing.

Or I could put it up on Airbnb receive more money and not nearly as much hassle or come back. btw I dont have a house on airbnb.

Open the eyes folks. I am not saying there isn't rogue landlords out there of course there is but a high number are single home owners trying to make mortgage payments work.

These full apartment blocks you speak off that are being run similar to a hotel...I wonder who owns them. I promise you its not your private landlord.

manualskeleton

BUACHAILL wrote: »

For someone who seems to know so much of the legalities, you say you don't know if there is anything in it for you ? your doing it for other people ? give over. In your earlier post you say it stinks as it should have been offered back to you ? so tell me what really is your issue ? Hard to see past you seeking damages for it not being offered back to you....hence my comment !!

Sub standard conditions is not acceptable I agree. Tell me how long where you in this property ? When did all these issues happen ? Why is it now its an issue of being sub standard yet you were continually paying rent in sub standard conditions ? I know I wouldn't accept it and especially so if it was being handled by an agency ???

Oh and on the dictatorship point. Your wrong. If someone wants to allow their house go on airbnb it's their right. I don't see how they have broken section 42 and and furthermore if your making a complaint regarding the fact and going after him for damages like you seem intent on doing you will need to prove beyond doubt not just probable like another poster suggested. I think that is going to be quite difficult.

Saying that if what you have said is all true. He deserves what he gets.

I made myself clear right from the start. This is a matter of principle and I wanted advice on action to take because I hate people who think they can walk all over you. Simple as. It's very funny to me how some people have ended up here adding all manner of layers to my situation based on their own biases which have nothing do with what I've been explaining in the slightest.

BUACHAILL

manualskeleton wrote: »

I made myself clear right from the start. This is a matter of principle and I wanted advice on action to take because I hate people who think they can walk all over you. Simple as. It's very funny to me how some people have ended up here adding all manner of layers to my situation based on their own biases which have nothing do with what I've been explaining in the slightest.

You have made yourself clear ? Really ...I think you should re read your arguments, there seem to be several agendas regarding your points. Ok so lets strip all these so called layers then everyone keeps adding.

You have not answered the couple of questions that have been asked about your situation which can help everyone understand your position more and give you some accurate advice, not just the answers you want. You have given your side of things as how you see them...doesn't make you right.

You can deflect your confusion by putting it back on me if you want, just like I said earlier its amazing what people see when they don't like the responses.

For someone so set out to make a point for the principle:

Why did you pay rent if it was sub standard ?

Reporting it is one thing, why did you not bring it further then if you were getting no joy as you say in earlier posts ?

Why did you move in if it was like that from the start?

How long where you there ?

How long were all these issues going on ?

Why are you telling us how crap the condition was yet want to be offered a chance to go back ? I don't need the legal reply on this I know his requirements but he hasn't re let the house so personally cant see your argument sticking. If he can show he is away working for all the time he has the house out to airbnb does this make him genuine ? After all he will be living in his house when he is here ?

Why then say its about principle yet also now its about protecting others coming over on holidays etc ?

I am not trying to be a smart ass but you want solid advice, give solid information. I have mentioned already if he is trying to wipe your eye he deserves what he gets.

For my own bias and without aggression , There are equally as many tenants out there looking to take the p.iss out of landlords and grab what they can as there is rogue landlords.

manualskeleton

BUACHAILL wrote: »

You have made yourself clear ? Really ...I think you should re read your arguments, there seem to be several agendas regarding your points. Ok so lets strip all these so called layers then everyone keeps adding.

You have not answered the couple of questions that have been asked about your situation which can help everyone understand your position more and give you some accurate advice, not just the answers you want. You have given your side of things as how you see them...doesn't make you right.

You can deflect your confusion by putting it back on me if you want, just like I said earlier its amazing what people see when they don't like the responses.

For someone so set out to make a point for the principle:

Why did you pay rent if it was sub standard ?

Reporting it is one thing, why did you not bring it further then if you were getting no joy as you say in earlier posts ?

Why did you move in if it was like that from the start?

How long where you there ?

How long were all these issues going on ?

Why are you telling us how crap the condition was yet want to be offered a chance to go back ? I don't need the legal reply on this I know his requirements but he hasn't re let the house so personally cant see your argument sticking. If he can show he is away working for all the time he has the house out to airbnb does this make him genuine ? After all he will be living in his house when he is here ?

Why then say its about principle yet also now its about protecting others coming over on holidays etc ?

I am not trying to be a smart ass but you want solid advice, give solid information. I have mentioned already if he is trying to wipe your eye he deserves what he gets.

For my own bias and without aggression , There are equally as many tenants out there looking to take the p.iss out of landlords and grab what they can as there is rogue landlords.

An interrogation, is it? Intersting.

Who's been asking me questions and where have I not answered them? And why should I have to answer them?

I paid rent so that I wouldn't get evicted?

How was I meant to talk it further than constantly calling the agency, calling them again when the tradespeople they sent out were useless, trying in vaine to get through to the correct local authority and getting ignored by them, eventually getting an agent to come out to my house who agreed with all of the complaints we had and made a list of them and then subsequently we get evicted?

It wasn't like that at the start. It seemed like a fantastic place. The problems were all hidden and emerged later as I explained already in this thread - for example, when the weather warmed up one major problem emerged.

I was there almost a year in total but the others were longer.

The issues emerged over time.

I've never said I wanted to go back. I said I want to take action against them for breaking the law.

You'd want to take a step back for yourself I think and ask yourself why you need to hear this info.

Feckin hell. And you're accusing me of agendas!

BUACHAILL

manualskeleton wrote: »

An interrogation, is it? Intersting.

Who's been asking me questions and where have I not answered them? And why should I have to answer them?

I paid rent so that I wouldn't get evicted?

How was I meant to talk it further than constantly calling the agency, calling them again when the tradespeople they sent out were useless, trying in vaine to get through to the correct local authority and getting ignored by them, eventually getting an agent to come out to my house who agreed with all of the complaints we had and made a list of them and then subsequently we get evicted?

It wasn't like that at the start. It seemed like a fantastic place. The problems were all hidden and emerged later as I explained already in this thread - for example, when the weather warmed up one major problem emerged.

I was there almost a year in total but the others were longer.

The issues emerged over time.

I've never said I wanted to go back. I said I want to take action against them for breaking the law.

You'd want to take a step back for yourself I think and ask yourself why you need to hear this info.

Feckin hell. And you're accusing me of agendas!

Well I'm sorry but you do have an agenda why else do it ?

An interrogation ? No its not

Take a step back and ask myself why I need to hear this information ? You come on to a public forum looking for advice. I think its common sense to know the facts of the matter before appropriate advice can be given ? I have asked questions that can help understand it more have I not ?

Your rights as a tenant is based on time frames plus the agency ignoring your request over a longer period of time would add weight to your argument. If you clicked your fingers and wanted it all done yesterday it would not be considered sufficient time to allow the repair work.

Is that not fair to say ?

See I think you need to stop getting offended, Believe it or not I am not favoring anybody here.

You are strongly thinking of going after this guy, best be prepared no ? Dont think all these questions wont be asked by the PRTB so why cant we ask to give you better advice?


It's like this. Just because the house is up on airbnb it doesn't mean it is not a genuine case. Admittedly it does appear they are playing the game but that does not mean you have a case to pursue for costs. if you are not pursuing to go back into the house what else would you be looking for ?

Your title:
Landlord evicted us for family member, now AirBNBing it

This suggests the landlord is doing it are you sure its not the son ?

Your Posts:
I found the letter, it says they should have offered it back to us in the first six months if he decided not to live there. This stinks as far as can see.

Do you know the son isn't living there at any stage.

I did I just don't like being pushed around or letting assholes get away with it

He is an Asshole, Have you confirmed its the landlord or the son who is the asshole ? Have you facts to back up all these questions you will be asked ?

I hope so otherwise defamation of character is a serious offence as is slander.


Do you see what I am getting at ? If you have not confirmed all these things how can anyone decide convincingly ?

You also have the issue that if the landlord has given his son a lease agreement, and it states he gives him permission to sublet, I don't see what grounds you have ?

I stand corrected on this point but again don't see where you can pursue. Plus as also stated its not being leased to tenants. so technically again I see issues pursuing.

Franz Von Peppercorn

Christ the landlords on here would make saints weep.

The op has been clear about his grievance. First he thinks he was illegally evicted and secondly he thinks the place was substandard and his complaints may have triggered the eviction.

He’s been perfectly clear on that. The general angry landlord response is to ignore his claims and to shout at him.


Although I am out of the rental market now this makes me feel that we need a professional landlord class. One thing that should never happen is that you can kick out the tenant for family.

BUACHAILL

Franz Von Peppercorn wrote: »

Christ the landlords on here would make saints weep.

The op has been clear about his grievance. First he thinks he was illegally evicted and secondly he thinks the place was substandard and his complaints may have triggered the eviction.

He’s been perfectly clear on that. The general angry landlord response is to ignore his claims and to shout at him.


Although I am out of the rental market now this makes me feel that we need a professional landlord class. One thing that should never happen is that you can kick out the tenant for family.

Agh we have another talented poster who can take tone from text...astonishing

Generalising about landlords ignoring claims and shouting at him ? where ?

What should never happen is the tenant has more power over the people who actually own the property.

Landlords should never just evict to play the system as it suits.

But really what should happen is the state should provide housing for people with families and not see them out on the streets....said in my softest voice as not to offend.

manualskeleton

BUACHAILL wrote: »

Well I'm sorry but you do have an agenda why else do it ?

An interrogation ? No its not

Take a step back and ask myself why I need to hear this information ? You come on to a public forum looking for advice. I think its common sense to know the facts of the matter before appropriate advice can be given ? I have asked questions that can help understand it more have I not ?

Your rights as a tenant is based on time frames plus the agency ignoring your request over a longer period of time would add weight to your argument. If you clicked your fingers and wanted it all done yesterday it would not be considered sufficient time to allow the repair work.

Is that not fair to say ?

See I think you need to stop getting offended, Believe it or not I am not favoring anybody here.

You are strongly thinking of going after this guy, best be prepared no ? Dont think all these questions wont be asked by the PRTB so why cant we ask to give you better advice?


It's like this. Just because the house is up on airbnb it doesn't mean it is not a genuine case. Admittedly it does appear they are playing the game but that does not mean you have a case to pursue for costs. if you are not pursuing to go back into the house what else would you be looking for ?

Your title:
Landlord evicted us for family member, now AirBNBing it

This suggests the landlord is doing it are you sure its not the son ?

Your Posts:
I found the letter, it says they should have offered it back to us in the first six months if he decided not to live there. This stinks as far as can see.

Do you know the son isn't living there at any stage.

I did I just don't like being pushed around or letting assholes get away with it

He is an Asshole, Have you confirmed its the landlord or the son who is the asshole ? Have you facts to back up all these questions you will be asked ?

I hope so otherwise defamation of character is a serious offence as is slander.


Do you see what I am getting at ? If you have not confirmed all these things how can anyone decide convincingly ?

You also have the issue that if the landlord has given his son a lease agreement, and it states he gives him permission to sublet, I don't see what grounds you have ?

I stand corrected on this point but again don't see where you can pursue. Plus as also stated its not being leased to tenants. so technically again I see issues pursuing.

I'm out. Feel free to continue to argue against yourself should you wish, because it's certainly not the actual law in this country that you're on about.

BUACHAILL

manualskeleton wrote: »

I'm out. Feel free to continue to argue against yourself should you wish, because it's certainly not the actual law in this country that you're on about.

Oh really ? So why ask if you know so much about the law.

Best of luck chasing your damages.
Your going to need it

gctest50

manualskeleton wrote: »

Hi folks, we were evicted for the landlord's son on Jan 31st (all done by the book). The house needed vital repairs such as heaters broken, mould problems, cooker .,......

Was it mouldy before you moved in there ?

Peatys

The_Conductor wrote: »

I'm letting the whole of my apartment for the second week in May- and I let it for a week in February, a week at Easter and I'll be doing it again over Halloween and for weekends over the summer.

What do you do with all your private gear? Socks n jocks, toiletries etc?

I work down the West and my wife and kids are coming down for the summer hols, house will be empty. Thinking about airbnbing it..

manualskeleton

BUACHAILL wrote: »

Oh really ? So why ask if you know so much about the law.

Best of luck chasing your damages.
Your going to need it

Damages

You're in your own world.

l5auim2pjnt8qx

BUACHAILL wrote: »

Oh really ? So why ask if you know so much about the law.

Best of luck chasing your damages.
Your going to need it

Pointless giving OP anymore information , hellbent of revenge of Landlord and
trying to screw them over ,conversations going similiar as yesterdays with the
story changing on case by case basis.......changing from months in the apartment to now a year from Eviction Order to Termination of Tenancy from a dump of an apartment to a beautiful one and mould disappearing and reappearing ,then the other posters generalising on Landlords attitudes to tenants.

Totally discrediting information, well I think we all know this is going to pan
out in the RTB case if it ever gets there.

manualskeleton

Kaelyn Ripe Minor wrote: »

Pointless giving OP anymore information , hellbent of revenge of Landlord and
trying to screw them over ,conversations going similiar as yesterdays with the
story changing on case by case basis.......changing from months in the apartment to now a year from Eviction Order to Termination of Tenancy from a dump of an apartment to a beautiful one and mould disappearing and reappearing ,then the other posters generalising on Landlords attitudes to tenants.

Totally discrediting information, well I think we all know this is going to pan
out in the RTB case if it ever gets there.

Fair play to you, it must be awfully difficult getting around with that chip on your shoulder. At least you have your landlord tinted glasses to brighten up the view

Graham

Mod Note:

Keep it civil please folks.