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Evicting tenant.

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  • 29-03-2019 9:37am
    #1
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭


    Hello all.

    Let’s say a tenant in a houseshare is given a written eviction notice before the residency has been registered for six months. No explanations given, no explanation required, as far as I know.

    What are the landlord’s options if said tenant lingers on the property after the notice is up?

    What are the potential means by which said tenant could seek to resist or prolong the eviction process?

    Thank you!


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    #2
    Dav010
    Registered Users Posts: 14,523 ✭✭✭✭Dav010


    DeadHand wrote: »
    Hello all.

    Let’s say a tenant in a houseshare is given a written eviction notice before the residency has been registered for six months. No explanations given, no explanation required, as far as I know.

    What are the landlord’s options if said tenant lingers on the property after the notice is up?

    What are the potential means by which said tenant could seek to resist or prolong the eviction process?

    Thank you!

    They could resist/prolong it if the eviction notice is invalid.

    When you say houseshare, is the LL living there? Is the tenant you want to evict paying rent to the LL or to the lead tenant?


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    #3
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭DeadHand


    Dav010 wrote: »
    They could resist/prolong it if the eviction notice is invalid.

    When you say houseshare, is the LL living there? Is the tenant you want to evict paying rent to the LL or to the lead tenant?

    The house is not LL occupied, rent is paid directly to the LL.

    What would constitute an invalid notice?

    Note: I don’t want to evict anyone.


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    #4
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    How long is a piece of string if you don't know what you are doing.


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    #5
    dennyk
    Registered Users Posts: 1,701 ✭✭✭dennyk


    An invalid notice is any notice that isn't valid. RTB rules are quite specific about what is required in a notice. If you have any doubts about how to give proper notice, it's worth consulting with a solicitor, as doing it improperly could be quite costly, and will at the very least set the already long and difficult process of removing an overholding tenant back for many additional weeks or months.


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    #6
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭DeadHand


    So, apart from an invalid notice, what are the most common ways an unwanted tenant might fight an eviction, bearing in mind said tenant is registered there less than 6 months?

    What are the best options at at the LLs disposal if the tenant overstays in that situation?


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    #7
    FishOnABike
    Registered Users Posts: 4,469 ✭✭✭FishOnABike


    DeadHand wrote: »
    So, apart from an invalid notice, what are the most common ways an unwanted tenant might fight an eviction, bearing in mind said tenant is registered there less than 6 months?

    What are the best options at at the LLs disposal if the tenant overstays in that situation?
    Get professional advice to make sure you get it right first time. The delay by not doing it right first time could very well be enough for the tenant to acquire part four tenancy rights. At that stage, valid notice can only be given for a very limited number of reasons.


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    #8
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭DeadHand


    FishOnABike wrote: »
    Get professional advice to make sure you get it right first time. The delay by not doing it right first time could very well be enough for the tenant to acquire part four tenancy rights. At that stage, valid notice can only be given for a very limited number of reasons.

    Again, I’m not a LL, I know about a case and am curious as to how it could unfold.

    I simply would like to know what a LL do in a case where a tenant, having been given sufficient notice and having been registered as a tenant for under six months, overstays? What are the options for the LL?


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    #9
    FishOnABike
    Registered Users Posts: 4,469 ✭✭✭FishOnABike


    DeadHand wrote: »
    Again, I’m not a LL, I know about a case and am curious as to how it could unfold.

    I simply would like to know what a LL do in a case where a tenant, having been given sufficient notice and having been registered as a tenant for under six months, overstays? What are the options for the LL?

    I'm not expert but at that stage I think the LL would need to open a dispute with the RTB for the tenant overholding. If the RTB rule in the LL's favour the LL might still have to go to court to get an enforcement order if the tenant is still uncooperative. Once the LL has an enforcement order the LL can engage the services of the sheriff to carry out the enforcement order and evict the tenant.


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    #10
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    In a houseshare the part 4 is dated from when the longest established tenant moved into the house.


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    #11
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭DeadHand


    Claw Hammer wrote: »
    In a houseshare the part 4 is dated from when the longest established tenant moved into the house.

    That would be big if that were so.

    Where are you finding that information? That isn’t specified on the RTB website as far as I know.


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    #12
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Claw Hammer wrote: »
    In a houseshare the part 4 is dated from when the longest established tenant moved into the house.

    Not if it’s rooms let separately with each tenant paying the LL individually and I’d even very much question if it’s the case even if the full place is let don’t see why a person moving in should be getting instant part4 rights.


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    #13
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭DeadHand


    Haley Scruffy Myth wrote: »
    Not if it’s rooms let separately with each tenant paying the LL individually and I’d even very much question if it’s the case even if the full place is let don’t see why a person moving in should be getting instant part4 rights.

    The rooms are rented separately with each tenant paying individually in this case.


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    #14
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    Does each tenant have his own kitchen and internal bathroom i.e. a studio?


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    #15
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    DeadHand wrote: »
    That would be big if that were so.

    Where are you finding that information? That isn’t specified on the RTB website as far as I know.

    It is in the Residential Tenancies Act. There are provisions regarding multiple tenants. A house share cannot comprise multiple tenancies because a tenancy must relate to a dwelling.Under the housing standards regulations each dwelling must have an internal bathroom, a four ring cooker, microwave et cetera. Clearly all the house sharers are in the same dwelling and so the multiple occupants rules apply.


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    #16
    Mrs OBumble
    Registered Users Posts: 25,941 ✭✭✭✭Mrs OBumble


    Claw Hammer wrote: »
    IClearly all the house sharers are in the same dwelling and so the multiple occupants rules apply.

    Either that, or the house is divided into a number of bedsits with shared facilities - and this is now illegal.


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    #17
    Del2005
    Registered Users Posts: 18,988 ✭✭✭✭Del2005


    DeadHand wrote: »
    I simply would like to know what a LL do in a case where a tenant, having been given sufficient notice and having been registered as a tenant for under six months, overstays? What are the options for the LL?

    All a Landlord can do is bend over and take it. The system is completely biased in favour of the tenant, so if the LL makes a mistake the tenant gets a large cash award whereas if a tenant over stays or does serious damage the LL has no real comeback


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    #18
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Mrs OBumble wrote: »
    Either that, or the house is divided into a number of bedsits with shared facilities - and this is now illegal.

    Bedsits can share some facilities such as a washing machine and garden as wells as bins.


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    #19
    DeadHand
    Registered Users Posts: 2,747 ✭✭✭DeadHand


    Del2005 wrote: »
    All a Landlord can do is bend over and take it. The system is completely biased in favour of the tenant, so if the LL makes a mistake the tenant gets a large cash award whereas if a tenant over stays or does serious damage the LL has no real comeback

    Yes, I’m afraid that seems to be the case.


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