Why not replicate evictions process similar to UK?

Fol20

I dont know much about UK tenancy law, however i was watching a video and i was wondering why we dont implement a similar system to UK where a ll brings a case to the High Court to get some sort of court action where sherifs or legal enforcers then evict tenants if they they refuse to leave. It seems like theres no back and fourth with tenants messing around with failing to attend or blocking evictions. The high court enforcement agents show up on a day and they need to be gone on that day.

https://www.youtube.com/watch?v=T6wtiJmWv_A

Its from 32.50 onwards in the video. Interested to hear some thoughts on the topic.

If anyone has more knowledge of the pros and cons of Uk market, id be interested to hear it.

DubCount

The UK system is much better than ours. In summary, AFIK, if rent arrears reach 2 months, or more, a Landlord can issue a 14 day notice to bring rent arrears up to date. If that expires, a LL can take a case to the local County Court. Usually it takes about 2 months to get a hearing. Courts are happy to grant evictions where rent is 2+ months in arrears. Landlords can escalate to the High Court to expedite things more quickly. The whole thing can usually be done and dusted within 6 months end to end.

The system does place the burden of re-housing the evicted tenants on Local Authorities, and that's why it wont be replicated in Ireland. Local Councils here are more than happy for non-paying tenants to squat in the Landlord's property while we dance around, RTB tribunals, appeals, deferrals.... for 18 to 24 months, as it kicks the Local Council responsibility down the road.

tvjunki

DubCount wrote: »

The UK system is much better than ours. In summary, AFIK, if rent arrears reach 2 months, or more, a Landlord can issue a 14 day notice to bring rent arrears up to date. If that expires, a LL can take a case to the local County Court. Usually it takes about 2 months to get a hearing. Courts are happy to grant evictions where rent is 2+ months in arrears. Landlords can escalate to the High Court to expedite things more quickly. The whole thing can usually be done and dusted within 6 months end to end.

The system does place the burden of re-housing the evicted tenants on Local Authorities, and that's why it wont be replicated in Ireland. Local Councils here are more than happy for non-paying tenants to squat in the Landlord's property while we dance around, RTB tribunals, appeals, deferrals.... for 18 to 24 months, as it kicks the Local Council responsibility down the road.

In the UK if the tenant does not pay the rent to the council or to the landlord they are assessed and are deemed to have made themselves HOMELESS and the council does NOT have to provide accommodation. The tenant had the money but did not pay the rent. The council will take the children and put them into care. They do not have to house the parents.
Also the tenant pays council tax which is like our property tax. The cost goes with the tenant not the landlord.

Over in the UK if you cannot pay your rent and you get eviction notice then when you go into the council they say if you have an iphone, sky, car flashly clothes then you have to get rid of it and put the money towards the rent. Also if you are evicted you are on a register and the landlord does not have to take you.

The council also pay 3months money as finders fee the the landlord if they are willing to take a tenant on rent allowance or similar.
Great if that was here. Evictions are alot faster too. Landlords can also say No Rent Allowance/HAP Accepted.

cml387

"Don't pay,we'll take it away" is the worst type of misery porn.

Fol20

Omg. The system there actually sounds perfect from a ll point of view. At least they have rights afforded to them from a ll point of view. Its hard to argue against them as people that pay wont have to worry about it.

tvjunki

Fol20 wrote: »

Omg. The system there actually sounds perfect from a ll point of view. At least they have rights afforded to them from a ll point of view. Its hard to argue against them as people that pay wont have to worry about it.

There is a charity her that tells tenants to stay put if they can't find a place and don't pay rent.
I rang one and they said your a landlord...we don't help people like you.

Gumbo

tvjunki wrote: »

There is a charity her that tells tenants to stay put if they can't find a place and don't pay rent.
I rang one and they said your a landlord...we don't help people like you.

Their name start with a T ?

Mad_maxx

ireland is a very left wing country compared to the uk , its politically difficult to have a normal functioning eviction process for defaulters , british people are far more hard headed and i dont mean that as a compliment to us irish .

we are soft headed on many issues .

Graces7

tvjunki wrote: »

In the UK if the tenant does not pay the rent to the council or to the landlord they are assessed and are deemed to have made themselves HOMELESS and the council does NOT have to provide accommodation. The tenant had the money but did not pay the rent. The council will take the children and put them into care. They do not have to house the parents.
Also the tenant pays council tax which is like our property tax. The cost goes with the tenant not the landlord.

Over in the UK if you cannot pay your rent and you get eviction notice then when you go into the council they say if you have an iphone, sky, car flashly clothes then you have to get rid of it and put the money towards the rent. Also if you are evicted you are on a register and the landlord does not have to take you.

The council also pay 3months money as finders fee the the landlord if they are willing to take a tenant on rent allowance or similar.
Great if that was here. Evictions are alot faster too. Landlords can also say No Rent Allowance/HAP Accepted.

Some of this is pure invention. penultimate para especially.

the_syco

Graces7 wrote: »

Some of this is pure invention. penultimate para especially.

Which parts, or are you talking through your hat?

10pennymixup

Graces7 wrote: »

Some of this is pure invention. penultimate para especially.

From the penultimate paragraph:

"Also if you are evicted you are on a register and the landlord does not have to take you"

From the UK Tenants Registery (blurb: the UK’s Number One FREE Tenant Data Base).

"The searches you make on The Tenant Registry will show whether a tenant has paid their rent on time, how they conducted their tenancy, whether they breached any terms of the tenancy agreement, whether they abandoned the property and will even tell you if they were ever evicted."

And yes if the councils in England (not sure if it's all UK) decide that you have/ had the ability to pay the rent but didn't you will be deemed to have made yourself intentionaly homeless and they have no duty to house you. They have towards any children though and will report the matter to social services.

I don't know if they can make you sell your flashy car, but you would consider it and getting a B+B, when you're faced with sleeping in your car on your iPad that night without your children.

Care to point out any other "pure invention".

handlemaster

cml387 wrote: »

"Don't pay,we'll take it away" is the worst type of misery porn.

Would strongly disagree. They carry out collections of payments from individuals who would otherwise get away with leaving victims all over the place. With evictions the tenants have gone through the court process have been given ample opportunity to put forward their case. The judge who hears both side makes a ruling under the land of the land. Its simple if you dont pay what ever you have should be sold to pay. If you disagree can you give me a loan ?

L1011

handlemaster wrote: »

Would strongly disagree. They carry out collections of payments from individuals who would otherwise get away with leaving victims all over the place. With evictions the tenants have gone through the court process have been given ample opportunity to put forward their case. The judge who hears both side makes a ruling under the land of the land. Its simple if you dont pay what ever you have should be sold to pay. If you disagree can you give me a loan ?

The problem is not with the process, it is with turning it in to entertainment television

handlemaster

L1011 wrote: »

The problem is not with the process, it is with turning it in to entertainment television

Non issue with non payers been entertainment. If you have watched the show you would see alot of these characters wouldnt give two hoots about the cameras and are happy to lie and lie over and over

L1011

You really aren't getting the point

Fol20

L1011 wrote: »

You really aren't getting the point

I dont get your point either im afraid. I couldnt care less about the show, i just like the way the enforce what is owed to people.

alan1963

Hi
I am a small landlord in UK and was in the position of having to evict a family earlier this year. I thought I would explain on here exactly how the process works in the UK.
Once the rent is even one day late it is deemed to be one month in arrears, at this point the landlord is expected to phone or write to the tenant to chase up why the rent is unpaid and have records of this.
If the next months rent also remains unpaid even by one day the tenant is now deemed to be two months in arrears,at this point the landlord is able to issue a section 8 notice, this gives the tenant warning that if they do not either pay the overdue rent or leave the property within 2 weeks they may be taken to court.
The section 8 notice must be on the correct proscribed form also it must be worded exactly right, also the timing must be exactly right,to allow the tenant the full two weeks notice allowing for delivery etc.also the landlord must be able to prove that the tenant received the section 8 notice because if the tenant later claims it was never recieved they will be believed if there is no proof.

The next stage is for the landlord to apply to the court for a hearing this can be done online the cost is £325 and you get a hearing date immediately, the date must be longer than 4 weeks away and I think less than 8 weeks and in practice it is usually between 4 and 5 weeks.
Before the hearing the land lord must send to the court and each of the tenants a up to date statement of the current rent arrears.
On the court date the hearing is held informally in chambers, not in open court if the rent arrears at this time are a full two months or greater, the judge MUST give a possession order they have no choice if it is less than two months it is at the judges discretion, but they never or almost never, give a possession order in this case.
If the rent arrears is less than two months and the landlord fails to get a possession order he should still get an award for costs against the tenant.
I the judge awards the landlord a possession order it is usually for two weeks in the future, the landlord would also usually be awarded costs.
If after the two weeks the tenants still remain in the property the landlord must fill out a form to employ the county court bailiff this costs £115, this amount is automatically added to the tenants debt. on the form are questions regarding is the tenant likely to be trouble so will the police need to attend etc.
The date for the bailiffs must be in over two weeks time to allow for the tenants to receive sufficient notice and can be as long as six weeks in busy periods but is usually about four weeks.
It is possible to escalate to the high court and use the High Court Enforcement officers,but I have no experience of this.

BBFAN

Having watched this programme before though there are often cases where all of this takes a year and the house may be wrecked in the meantime so I don't think it always goes so smoothly.

Also seems to me the costs are high. Although the LL will be awarded the costs against the tenant if the tenant is evicted they're unlikely ever to pay those costs.

overkill602

Their is no chance anything like that will ever be considered here we have a new notice period coming into effect it will be for one year a court even in our clogged up system could match that.
Any thing like that proposed would be the death of our homeless charity industry employing nearly 900 in dublin who lobby for more tenant rights and advise overholding could put many hundreds out of jobs in this jurisdiction alone.

beauf

Fol20 wrote: »

... i was wondering why we dont implement a similar system to UK...

They want rid of LLs. Simple as.

Eric Cartman

cml387 wrote: »

"Don't pay,we'll take it away" is the worst type of misery porn.

Have to say its one of my favourites, coming from a cluntry where theres no justice for landlords and small business owners , seeing the 'cant pay wont pay' crowd being turfed out gives me a warm fuzzy feeling.

handlemaster

Eric Cartman wrote: »

Have to say its one of my favourites, coming from a cluntry where theres no justice for landlords and small business owners , seeing the 'cant pay wont pay' crowd being turfed out gives me a warm fuzzy feeling.

i second this is like justice served cold at the end of a long long process