Gave lodger 30 days notice - refusing to leave

Grolschevik

Anyone else find it somewhat interesting that apparently the tenant's charity Threshold advised in favour of the OP, whereas the statutory body RTB advised against?

Caranica

Grolschevik wrote: »

Anyone else find it somewhat interesting that apparently the tenant's charity Threshold advised in favour of the OP, whereas the statutory body RTB advised against?

Threshold has no role in a rent a room situation

Edgware

Mrs OBumble wrote: »

Sure, And what does the lodger do next?

"Who cares" actually isn't a helpful answer. He won't magically disappear.

The OP needs to have a realistic plan of how this can play out. Just changing the locks is simply inviting the lodger to break in to get his stuff, at very least.

The lodger can always find someplace where he will behave himself.

Grolschevik

Caranica wrote: »

Threshold has no role in a rent a room situation

Do you mean the RTB? My point is that you'd expect the advice given by each to be the opposite.

Dav010

Mrs OBumble wrote: »

Sure, And what does the lodger do next?

"Who cares" actually isn't a helpful answer. He won't magically disappear.

The OP needs to have a realistic plan of how this can play out. Just changing the locks is simply inviting the lodger to break in to get his stuff, at very least.

1. Not the house owners problem.

2. He will if you boot his ass out the door.

3. The realistic plan is to ask an unwanted guest in your house to leave. His stuff can follow him out the door, no need to break in then.

Caranica

Grolschevik wrote: »

Do you mean the RTB? My point is that you'd expect the advice given by each to be the opposite.

No I mean threshold. They are a tenant rights organisation. The op has a lodger, not a tenant and not entitled to the protections a tenant has through tenancy laws.

Claw Hammer

Caranica wrote: »

No I mean threshold. They are a tenant rights organisation. The op has a lodger, not a tenant and not entitled to the protections a tenant has through tenancy laws.

Threshold can advise anybody they want.
The RTB should not give advise. anybody who phones them will be talking to a Civil servant who will recite what is in the FAQ s. The RTB have been found to be wrong by the courts, many times.

Mrs OBumble

Mrs OBumble wrote: »

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

Not the problem of the op. Even under normal circumstances it wouldnt be his problem.

Considering the behavior of the lodger I would say it's very much a situation of f**k the lodger.

If either party goes to the Gardai, they will be told it's a civil matter. If the lodger is physically attempting to get in or being abusive, threatening and so on he may be subject to arrest depending on the circumstances but Gardai are not supposed to be bringing prisoners into stations of it can be dealt with another way in the present climate.

In regards looking bad, the Gardai don't care. They won't be going around bad mouthing the op. If the op gets named and shamed publicly, he can take an action.

Del2005

Caranica wrote: »

30 days notice is ridiculous. You've shot yourself in the foot by giving them that long, even 14 would be generous by the sound of things.

Search this forum, there have been a couple of threads on this since the new legislation. The whole lodger being included or not thing has been debated at least twice already.

They gave 30 days and the licencee got abusive so they can now just kick them out for threatening behavior

Mrs OBumble wrote: »

Except that we are under movement restrictions at the moment, and rental property viewing is not an essential activity.

Its easy to say " who cares" but the reality is that the OP cares if the have an assh0le who they cannot get out of their home.

A person on another thread rang the Gardaí and got confirmation that viewing rental property is an allowed movement.

The OP can get them out by changing the locks.

endacl

Ca:ranica wrote: »

Threshold has no role in a rent a room situation

Better

Mrs OBumble

Mrs OBumble wrote: »

Realistically, where do you expect him to move to in the current climate?

If he goes to the guards or to the media, you will be the one who comes out looking bad.

Gardaí will laugh at him and personally I’d enjoy making a fool out of him in the media and highlighting the crap that many rent a room home owners and LLs have to put up with.

lau1247

Came across this on Twitter. Might be useful for some.

https://onestopshop.rtb.ie/covid-19-emergency-legislation-for-rental-sector?utm_source=Twitter&utm_medium=Image&utm_campaign=COVID_Emergency_Legislation_2020&utm_content=Website_Card_1

Rent a room applies

Claw Hammer

lau1247 wrote: »

Came across this on Twitter. Might be useful for some.

https://onestopshop.rtb.ie/covid-19-emergency-legislation-for-rental-sector?utm_source=Twitter&utm_medium=Image&utm_campaign=COVID_Emergency_Legislation_2020&utm_content=Website_Card_1

Rent a room applies

That is ambiguous. The paragraph says it applies to all accommodation within the remit of the RTB. It then goes no to mention rent a room and digs. Some rent a room arrangements where the landlord does not live in the property may well be under the remit of the RTB but there has een no change to section 3 of the act whee it excludes accommodation where the landlord resides in the same dwelling. digs are usually in private houses and the landlord lives in.
The reality is that the legislation does not apply in situations where the landlord lies in the accommodation.
There is an attempt to blur this during the emergency. when the RTB are asked to comment officially, they refuse and say it is for the courts.
they know full well that accommodation where the landlord lives in the dwelling are not comprehended by the new legislation.

Graham

lau1247 wrote: »

Came across this on Twitter. Might be useful for some.

https://onestopshop.rtb.ie/covid-19-emergency-legislation-for-rental-sector?utm_source=Twitter&utm_medium=Image&utm_campaign=COVID_Emergency_Legislation_2020&utm_content=Website_Card_1

Rent a room applies

Specifically it states

The emergency legislation states that all proposed evictions are prohibited, including Rent-a-Room and Digs-style accommodation. Property owners and anyone renting in such circumstances are asked to show forbearance and support for each other during the emergency period and, where possible, have regard to the precautions necessary to tackle COVID-19, to avoid ending accommodation arrangements.

I'd concur with others, even the RTB don't sound too confident.

Seth Brundle

The important bits are contained here: http://www.irishstatutebook.ie/eli/2020/act/2/section/5/enacted/en/html#sec5

Mrs OBumble

OP, have you got an update for us - did you change the locks, did the lodger magically disappear?

10pennymixup

lau1247 wrote: »

Came across this on Twitter. Might be useful for some.

https://onestopshop.rtb.ie/covid-19-emergency-legislation-for-rental-sector?utm_source=Twitter&utm_medium=Image&utm_campaign=COVID_Emergency_Legislation_2020&utm_content=Website_Card_1

Rent a room applies

Quote:


The emergency legislation states that all proposed evictions are prohibited, including Rent-a-Room and Digs-style accommodation. Property owners and anyone renting in such circumstances are asked to show forbearance and support for each other during the emergency period and, where possible, have regard to the precautions necessary to tackle COVID-19, to avoid ending accommodation arrangements.

Forbearance: To hold back or refrain from exercising a legal right.

The RTB are recognising that it is your legal right but are asking you not to go through with it, clear as mud. Under the OP's circumstances I'd go for it.

Claw Hammer

10pennymixup wrote: »

Quote:


The emergency legislation states that all proposed evictions are prohibited, including Rent-a-Room and Digs-style accommodation. Property owners and anyone renting in such circumstances are asked to show forbearance and support for each other during the emergency period and, where possible, have regard to the precautions necessary to tackle COVID-19, to avoid ending accommodation arrangements.

Forbearance: To hold back or refrain from exercising a legal right.

The RTB are recognising that it is your legal right but are asking you not to go through with it, clear as mud. Under the OP's circumstances I'd go for it.

The only evictions which are prohibited are evictions of tenants. People living with landlords are not tenants. The comments of the RTB are simply a request.

10pennymixup

Claw Hammer wrote: »

The only evictions which are permitted are evictions of tenants. People living with landlords are not tenants. The comments of the RTB are simply a request.

Unfortunately the guidance being offered on line by the RTb is conflicting. One section states it does include licensees, but later in the section quoted it asks for forebearance.

So thanks for agreeing with me, but I have to disagree with you when you say evictions of tenants (and not licensees) are permitted.

Currently evictions of tenants are not permitted.

Claw Hammer

10pennymixup wrote: »

Thanks for agreeing with me, but I have to disagree with you when you say evictions of tenants (and not licensees) are permitted.

Currently evictions of tenants are not permitted.

I made a mistake. Permitted should have read prohibited.

Time

10pennymixup wrote: »

Unfortunately the guidance being offered on line by the RTb is conflicting. One section states it does include licensees, but later in the section quoted it asks for forebearance.

So thanks for agreeing with me, but I have to disagree with you when you say evictions of tenants (and not licensees) are permitted.

Currently evictions of tenants are not permitted.

I emailed them a complaint about that, they shouldn't be saying that rent a room and digs are included when they aren't