Landlord evicted us for family member, now AirBNBing it

Franz Von Peppercorn

Franz Von Peppercorn wrote: »

One thing that should never happen is that you can kick out the tenant for family.

Please, would you think about what you are saying. A property owner should be able to do as he wishes with his/her property especially when it comes to family.

Of couse a LL should be allowed to terminate a tenancy so a family member can move in. A tenant is nothing more than someone in a business transaction, family is family and comes first always.

L1011

Drake Slimy Spectroscope wrote: »

Please, would you think about what you are saying. A property owner should be able to do as he wishes with his/her property especially when it comes to family.

Of couse a LL should be allowed to terminate a tenancy so a family member can move in. A tenant is nothing more than someone in a business transaction, family is family and comes first always.

There is no other business where this applies and it is realistically a ludacrious clause to allow for in the first place.

The 'business transaction' is the entire thing when it comes to being a landlord.

kaymin

L1011 wrote: »

There is no other business where this applies and it is realistically a ludacrious clause to allow for in the first place.

The 'business transaction' is the entire thing when it comes to being a landlord.

This is patently wrong. What tenancy protections are afforded to commercial rental tenants? When the lease ends they either renegotiate or vacate if the terms on offer are not acceptable. What the government is doing with the private rental sector is bordering on socialism / confiscation of private assets.

davemie

L1011 wrote: »

There is no other business where this applies and it is realistically a ludacrious clause to allow for in the first place.

There is no other business where the client can stop payment, but continue to receive service for months on end without ever having to pay back costs.

In addition, in business, if one sides wishes to part ways, they just have to serve notice to the other side and are not forced to continue the relationship indefinitely for ever more.

BUACHAILL

manualskeleton wrote: »

Damages

You're in your own world.

The RTB can award damages of up to €20,000 and arrears of rent of up to €20,000 or twice the annual rent, whichever is greater (A maximum of €60,000 can be awarded for rent arrears).
Should a determination order not be complied with you will need to contact the RTB to seek enforcement through the District Court or take a case yourself.


Taken directly from the RTB website for wrongful eviction from a landlord.

There is a reason god gave us 2 eyes and 1 mouth you should try use them in that order.


Unfortunately I am in a world that is full of idiots who run their gobs without doing their homework. Maybe you should go back to school and learn some things.

If I can suggest you avoid learning Law, it's clearly not your thing !!

Lumen

Drake Slimy Spectroscope wrote: »

Please, would you think about what you are saying. A property owner should be able to do as he wishes with his/her property especially when it comes to family.

Of couse a LL should be allowed to terminate a tenancy so a family member can move in. A tenant is nothing more than someone in a business transaction, family is family and comes first always.

So if I own a business, should I be able to terminate a performing employee in order to replace them with one of my children?

I assume you would say yes, since family is family and comes first always. But that is not legal.

Employment and tenancy law have similarities because of the asymmetry of power and cost/benefit. When you lose your job or your home it can be crippling. Employee and tenant problems are just a pain in the arse to a well run business.

That doesn't stop business owners from moaning about it.

beauf

Lumen wrote: »

So if I own a business, should I be able to terminate a performing employee in order to replace them with one of my children?

I w you would say yes, since family is family and comes first always. But that is not legal.

.....

Can you replace an under performing employee with a better one...

All this is only an issue because there is no where else to move to that isn't more expensive.

There was a time when tenants jumped ship all the time to get the lowest rent they could.

All these issues of tenancy are only arising because of the lack of supply.

manualskeleton

BUACHAILL wrote: »

The RTB can award damages of up to €20,000 and arrears of rent of up to €20,000 or twice the annual rent, whichever is greater (A maximum of €60,000 can be awarded for rent arrears).
Should a determination order not be complied with you will need to contact the RTB to seek enforcement through the District Court or take a case yourself.


Taken directly from the RTB website for wrongful eviction from a landlord.

There is a reason god gave us 2 eyes and 1 mouth you should try use them in that order.


Unfortunately I am in a world that is full of idiots who run their gobs without doing their homework. Maybe you should go back to school and learn some things.

If I can suggest you avoid learning Law, it's clearly not your thing !!

Where have I ever said I want damages? Nowhere. I don't. Some people just want to stick up for themselves, not get screwed over and have the satisfaction of that, you know.

Time for you to step back from your own narrative, I think.

L1011

kaymin wrote: »

This is patently wrong. What tenancy protections are afforded to commercial rental tenants? When the lease ends they either renegotiate or vacate if the terms on offer are not acceptable. What the government is doing with the private rental sector is bordering on socialism / confiscation of private assets.

If landlords wanted to offer anything close to commercial terms to tenants this might be a valid comparison. Yearly rent reviews and year long max leases (Part IV giving 6) wouldn't be accepted by any commercial tenant.

Neither would some of the insane clauses proposed by landlords on here or the level of interference in terms of inspections. Plenty of people would be quite happy to take on unfurnished and redecoratable FRI over hand me down furniture and entry level junk appliances


The valid comparison given here is thinking you can fire an employee because a family member needs a job. You'll get a vastly bigger fine for doing that though

davemie

L1011 wrote: »

The valid comparison given here is thinking you can fire an employee because a family member needs a job. You'll get a vastly bigger fine for doing that though

This is a completely pointless comparison, as you are not comparing apples to apples. But anyway, I'll bite.

In short, Yes you can! Can a large employer do it, no, but can a small employer which does not have the financial means to pay a salary let an employee go and then get a family member in to complete those tasks, yes that is allowed.

A discussion around employers switching to contractors and zero hour contracts is completely off topic here, but it shows that employers are finding ways around obstacles put in their way by the government. However the government does not step in and interfere in those areas.

godtabh

L1011 wrote: »

If landlords wanted to offer anything close to commercial terms to tenants this might be a valid comparison. Yearly rent reviews and year long max leases (Part IV giving 6) wouldn't be accepted by any commercial tenant.

Neither would some of the insane clauses proposed by landlords on here or the level of interference in terms of inspections. Plenty of people would be quite happy to take on unfurnished and redecoratable FRI over hand me down furniture and entry level junk appliances


The valid comparison given here is thinking you can fire an employee because a family member needs a job. You'll get a vastly bigger fine for doing that though

I would much rather have my tenants on a comerrical lease.

listermint

The_Conductor wrote: »

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.

Just on this point, I think you'd have to have a head full of cotten not to think that he majority of Air BnB in dublin are commercial basis.

You are very much in the minority of folks who would be happy to let strangers in their home. It just isnt the irish way simple as that.

Id have no problems scanning through AirBnB to present facts about the commercial nature of the properties but i simply have not got the time.

To pretend that there is some house letting sub culture in Dublin is not reailty its disillusionary.

BUACHAILL

manualskeleton wrote: »

Where have I ever said I want damages? Nowhere. I don't. Some people just want to stick up for themselves, not get screwed over and have the satisfaction of that, you know.

Time for you to step back from your own narrative, I think.

Will you listen to yourself and the dribble your spouting, you keep suggesting things I should do and things about me because you have absolutely no defence for what your saying.

You didn't stick up for yourself in sub standard conditions, your talking nonsense.

Your reading all the headlines about rogue landlords been fined €15k etc and the lightbulb went off.

I said it in the first post and everything you have said since confirms it.

You only have an issue now because you see a slight possibility that he may have done something wrong and you could financially gain from it if you go after him and you have put together all these issues after the fact even though u happily paid rent and continued to stay there.

You made your mind up before you even put this post up so don't know why you bothered

You want to teach him a lesson ?? Ha I reckon he is quaking in his boots.

Hope karma bites you in the arse if you go after him because you deserve it.

listermint

BUACHAILL wrote: »

Will you listen to yourself and the dribble your spouting, you keep suggesting things I should do and things about me because you have absolutely no defence for what your saying.

You didn't stick up for yourself in sub standard conditions, your talking nonsense.

Your reading all the headlines about rogue landlords been fined €15k etc and the lightbulb went off.

I said it in the first post and everything you have said since confirms it.

You only have an issue now because you see a slight possibility that he may have done something wrong and you could financially gain from it if you go after him and you have put together all these issues after the fact even though u happily paid rent and continued to stay there.

You made your mind up before you even put this post up so don't know why you bothered

You want to teach him a lesson ?? Ha I reckon he is quaking in his boots.

Hope karma bites you in the arse if you go after him because you deserve it.

Landlord kicks out tenants to start commercially letting via Air Bnb.


Solid defense from yourself.


Local Authorities need to come down hard on this, Cheeky landlords it seems such as yourself are avoiding all the commerical rates hotels and accommodation providers have to put up with and negating management company rules , annoying neighbours and generally not giving a crap all for that fast money.


Air BnB is allowing this to occur, Authorities have to work harder to qwash it.

Lumen

beauf wrote: »

Can you replace an under performing employee with a better one...

Only after a really long drawn out statutory process during which the employee is given plenty of chances to improve their performance. Associated costs (and any financial penalties from unfair dismissal) are borne entirely by the business.

Sounds familiar, right?

But small landlords sit in a grey area between business and personal. They want lighter regulation, low compliance costs, to treat their properties as personal when it suits, and for the right to evict without going through a costly legal process, but also want tenants to be act like counterparties in a business transaction.

Of course everyone wants stuff and has the right to advocate for that, but that doesn't mean the demands are reasonable or should be met.

The more the sector is regulated the more it will tend to encourage large business entities who can deal with that regulation (regulation always favours large businesses). The end game all small dwellings being owner-occupied with rented accommodation provided in large blocks by REITs and pension funds paying no Irish taxes at all. That direction of policy travel is heavily influenced by the burden that non-performing loans to landlords played in the last crash, so this "crisis" will be different.

runawaybishop

listermint wrote: »

Landlord kicks out tenants to start commercially letting via Air Bnb.

Anyone surprised by this, given the limitations put on landlords over the last few years?

BUACHAILL

listermint wrote: »

Landlord kicks out tenants to start commercially letting via Air Bnb.


Solid defense from yourself.


Local Authorities need to come down hard on this, Cheeky landlords it seems such as yourself are avoiding all the commerical rates hotels and accommodation providers have to put up with and negating management company rules , annoying neighbours and generally not giving a crap all for that fast money.


Air BnB is allowing this to occur, Authorities have to work harder to qwash it.

Categorising again

Cheeky landlords such as myself ? What a stupid thing to say you know nothing about me.

Authorities need to provide more houses to the market and stop letting them be sold to investment companies who drive the market it when the put them on airbn.

katy39

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.

:eek::eek::eek::eek::eek::eek::eek::eek::eek::eek::eek:

Grolschevik

davemie wrote: »

There is no other business where the client can stop payment, but continue to receive service for months on end without ever having to pay back costs..

Said no freelance journalist ever.

listermint

runawaybishop wrote: »

Anyone surprised by this, given the limitations put on landlords over the last few years?

most certainly not suprised at all. but it doesnt justify landlords thinking that apartment developments can be turned into their own personal hotel kingdom.

These people dont have to live next door to the shenanigans of new tenants multiple times inside the same week.

Ridiculous how anyone thinks that is ok.

manualskeleton

BUACHAILL wrote: »

You didn't stick up for yourself in sub standard conditions, your talking nonsense.

Your reading all the headlines about rogue landlords been fined €15k etc and the lightbulb went off.

You only have an issue now because you see a slight possibility that he may have done something wrong and you could financially gain from it

All of this is stuff right here is entirely in your own head. Surely there must be another thread somewhere for amateur fiction?

listermint

BUACHAILL wrote: »

Categorising again

Cheeky landlords such as myself ? What a stupid thing to say you know nothing about me.

Authorities need to provide more houses to the market and stop letting them be sold to investment companies who drive the market it when the put them on airbn.

Enlighten us how 'authorities' can stop anyone buying property....

runawaybishop

listermint wrote: »

most certainly not suprised at all. but it doesnt justify landlords thinking that apartment developments can be turned into their own personal hotel kingdom.

These people dont have to live next door to the shenanigans of new tenants multiple times inside the same week.

Ridiculous how anyone thinks that is ok.

Landlords can and probably will continue to use AirBnB legally due to the current limitations enforced upon them. You do not need planning for Airbnb if you do not rent it out for the whole year, or rent just a part of it.

Gov will probably move to restrict Airbnb further but you would have to be mental to think that will increase supply for long term tenancies.

BUACHAILL

listermint wrote: »

Enlighten us how 'authorities' can stop anyone buying property....

The state builds them for the state, not to be resold to anyone. not rocket science is it.

They charge a fair market rate and the houses are open for everyone to rent. Build enough of them and guess what, it drives the market down.

Oh but wait....they sold all their land

Yeah your right its the rogue landlords fault.

BUACHAILL

manualskeleton wrote: »

All of this is stuff right here is entirely in your own head. Surely there must be another thread somewhere for amateur fiction?

I'm sure you know exactly where that thread is

Your whole story is based on fiction !!

manualskeleton

BUACHAILL wrote: »

I'm sure you know exactly where that thread is

Your whole story is based on fiction !!

Are you afraid you're the landlord of my situation or something?

BUACHAILL

manualskeleton wrote: »

Are you afraid you're the landlord of my situation or something?

you caught me :rolleyes:

manualskeleton

BUACHAILL wrote: »

you caught me :rolleyes:

Well there we go

BUACHAILL

manualskeleton wrote: »

Well there we go

I have no money so your wasting your time:D

manualskeleton

BUACHAILL wrote: »

I have no money so your wasting your time:D

It won't be me looking for it