Berlin rent cap declared unconstitutional

Jmc25

I would assume (and it is an assumption) that there are people/developers/funds involved in the Irish rental market with enough cash to burn to take a legal case against RPZs, if they thought they had any - no matter how small - chance of succeeding.

Obviously I'm not talking about individual landlords with one or two properties here, even though these are likely the type of landlords who have had their rent capped at below the market rate. But for the bigger LLs, I just couldn't see a scenario where they haven't taken a challenge because they *might* lose, so I would assume it's because their legal advice tells them that they *definitely would* lose.

JimmyVik

Jmc25 wrote: »

I would assume (and it is an assumption) that there are people/developers/funds involved in the Irish rental market with enough cash to burn to take a legal case against RPZs, if they thought they had any - no matter how small - chance of succeeding.

Obviously I'm not talking about individual landlords with one or two properties here, even though these are likely the type of landlords who have had their rent capped at below the market rate. But for the bigger LLs, I just couldn't see a scenario where they haven't taken a challenge because they *might* lose, so I would assume it's because their legal advice tells them that they *definitely would* lose.

REITs and funds have an incentive not to take a case.
Probably been spoken to and it made clear to them - dont rock the boat and you can keep your cushy tax setup.

Claw Hammer

JimmyVik wrote: »

Wasnt some landlord group going to take a case a while ago and they got slapped down by the government.
Basically told only an individual could take a case and it was illegal for them to be funded by others and if they lost then it would be costs awarded against them. Bullied out of it. Not to mention the bullying that would come from the press to be concentrated all on one person.

The government can't stop anyone going to court. Any landlord body can fund a member to take a case.
In its initial guise the legislation might have been successfully because it was temporary and there was a pressing social need.
It has now been 6 years and the government hasn't done much in the meantime to alleviate the problem. What might have been tolerable for 3 years might no longer be tolerable.

Yellow_Fern

Claw Hammer wrote: »

The government can't stop anyone going to court. Any landlord body can fund a member to take a case.
In its initial guise the legislation might have been successfully because it was temporary and there was a pressing social need.
It has now been 6 years and the government hasn't done much in the meantime to alleviate the problem. What might have been tolerable for 3 years might no longer be tolerable.

Infairness JimmyVik is correct. The Gov cant stop a case but they threaten legal action against the landlord group https://www.thejournal.ie/irish-property-owners-association-rent-pressure-zones-2-3196248-Jan2017/

DubCount

Yellow_Fern wrote: »

Infairness JimmyVik is correct. The Gov cant stop a case but they threaten legal action against the landlord group https://www.thejournal.ie/irish-property-owners-association-rent-pressure-zones-2-3196248-Jan2017/

In addition to the competition law aspect of this, third party litigation funding in Ireland is basically not permitted because of legal principles of "maintenance and champerty". This means that if landlord x takes a case against the state in relation to his/her constitutional rights, other landlords, agencies or unconnected parties cant fund the case, as they have no direct interest in the specific case.

Claw Hammer

Yellow_Fern wrote: »

Infairness JimmyVik is correct. The Gov cant stop a case but they threaten legal action against the landlord group https://www.thejournal.ie/irish-property-owners-association-rent-pressure-zones-2-3196248-Jan2017/

That was the competition authority, not the government and it was nothing to do with challenging the constitutionality of legislation.

Claw Hammer

DubCount wrote: »

In addition to the competition law aspect of this, third party litigation funding in Ireland is basically not permitted because of legal principles of "maintenance and champerty". This means that if landlord x takes a case against the state in relation to his/her constitutional rights, other landlords, agencies or unconnected parties cant fund the case, as they have no direct interest in the specific case.

Under the law against champerty a trade association can fund a case. One landlord can't pay the costs of another to run a case. If a formally organised landlord group pays the costs of one of its members there is no problem. It happens quite often that trade unions pay for a case on behalf of one of their members.

Yellow_Fern

Claw Hammer wrote: »

That was the competition authority, not the government and it was nothing to do with challenging the constitutionality of legislation.

Legally separated but it could easily be connected. Lot of corruption

Claw Hammer

Yellow_Fern wrote: »

Legally separated but it could easily be connected. Lot of corruption

No connection whatsoever.