How long to remove overholding tenant

Beezasp

Can someone please give an idea how long in the current climate it takes to secure eviction if a tenant overholds in a case where the property is being sold? A best case and worse case scenario would be appreciated and if anyone has had the experience of going through it and how long it took.

wildwillow

Read some of the threads here to get a feel for the procedure.

If your notice to quit was valid, and there is no dispute about it, you still have to engage with the RTB. They will eventually make a ruling but you will have to get a court order to make them leave. You could be looking at more than a year if they are persistent.

If the notice wasn’t valid you go back to the start and a new notice period begins.

Some people offer a settlement to entice the tenants to quit but the new rules make even that unviable.

Lewis_Benson

Just sell up, let the new owner worry about it.

Ginger83

https://www.boards.ie/discussion/2058339816/how-long-to-remove-overholding-tenant

Can you give a little information on what stage you are at?

Seth Brundle

https://www.boards.ie/discussion/comment/121870829#Comment_121870829

if a tenant is overloading, would someone still be willing to buy the place and, if so, how much discount will they expect?

Alexus25

https://www.boards.ie/discussion/comment/121870807#Comment_121870807

A year - this is why I'd have no interest renting out accommodation, not worth the hassle

Beezasp

https://www.boards.ie/discussion/comment/121870830#Comment_121870830

The tenant is in their last weeks and no sign of them moving. Fully expect they will overhold.

Enter name here

A year if you are lucky but expect it to take 2 to 4 years of no rent being paid and no end in site.

JPCN1

https://www.boards.ie/discussion/comment/121870843#Comment_121870843

Doubt anyone would buy without a huge discount. I wouldn’t.

gipi

https://www.askaboutmoney.com/threads/tenant-over-holding-cant-afford-to-keep-renting-cant-sell.228795/

the above thread might be of interest

Claw Hammer

https://www.boards.ie/discussion/2058339816/how-long-to-remove-overholding-tenant

Best case is the tenant leaves after a determination order after adjudication from the RTB. About 3 months.

Worst case, the tenant appeals adjudication, goes to the Tribunal, goes to the High Court on a point of law, resists enforcement at the District Court, appeals to the Circuit Court, judicially Reviews the District Court or the Circuit Court of both of the, appeals the result of the Judicial Review to the Court of Appeal or the Supreme Court or both of them. After that, they resist the sheriff. About 13 years.,

Ginger83

https://www.boards.ie/discussion/comment/121874882#Comment_121874882

What would that cost the tenant?

SharkMX

If sinn fein decide to have an eviction ban you could be talking many years. Best case otherwise is probably another year or two.

I know a landlord who is now in year 4 of an overholding tenant and not a penny rent paid in the last 3.5 years.

DubCount

The answers above really give the correct picture. You could be lucky and the tenants are genuine and find another place to rent - a couple of months. After that, it depends on what lengths the tenant goes to. If you have a determined tenant who is working the system and prepared to go through all the appeals and legal hoops, you could easily be waiting up to 2 years, and maybe even more.

Removing a sitting tenant is a long and painful process. Of course thats at the moment. If SF ever get to implement a full eviction ban, you might never get rid of a sitting tenant.

Claw Hammer

https://www.boards.ie/discussion/comment/121876085#Comment_121876085

A few couple of thousand in stamp duty. Maybe a few bills of costs, which they will likely never pay.

Ginger83

https://www.boards.ie/discussion/comment/121878448#Comment_121878448

I know from experience that a lot of legal firms look for payment in advance

mrslancaster

https://www.boards.ie/discussion/comment/121879627#Comment_121879627

So how can tenants afford to string the process out for years? Legal fees don't come cheap IME. If a case of overholding were to go through all the hoops mentioned above, do tenants get free legal support from rtb /flac/threshold? It sounds like it could be very costly.

Ginger83

https://www.boards.ie/discussion/comment/121879646#Comment_121879646

I'm not sure so that is why I gave my experienc. Maybe the rtb process costs a tenant nothing but a landlord would be foolish to go through it without legal assistance

Claw Hammer

https://www.boards.ie/discussion/comment/121879627#Comment_121879627

Tenants, like almost anybody else , can represent themselves, for free!

Ginger83

https://www.boards.ie/discussion/comment/121879949#Comment_121879949

Yes I suppose they don't need a solicitor to cry to a judge that their big bad landlord would like their property back

advisemerite

How can the tenant slow down the Sheriff from evicting them? Very interested to hear this. I'm nearly at that stage with a tenant. Been to court to enforce an order and that was 6 weeks ago and still can't carry out an eviction yet.

SharkMX

https://www.boards.ie/discussion/comment/121882398#Comment_121882398

How long total have you been since you gave notice in the first place?

Just curious.

Hontou

I don't understand why overholding tenants get away with it.

Theft is illegal. " a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it."

Criminal Justice (Theft and Fraud Offences) Act, 2001

Is trespass illegal?

advisemerite

https://www.boards.ie/discussion/comment/121886730#Comment_121886730

First notice given in April 2020. It's a nightmare if they dig in. And I'd to pay them over €4000 for a text message I sent. It wasn't the most flattering message but it wasn't a threatening message and the RTB ruled it was and they got the above sum as compensation. Unbelievable really and no rent since 2020.

delboythedub

https://www.boards.ie/discussion/2058339816/how-long-to-remove-overholding-tenant

This should be classed as "Thieft of your property" full stop,

MrRigsby

This nonsense is why landlords are leaving in their droves . Anyone who rents out domestic properties in this country is nuts , you have no rights at all .

https://www.boards.ie/discussion/comment/121891156#Comment_121891156

And why availing of the Government scheme to house Ukrainians is so popular. Better to have a Ukrainian licensee than an Irish tenant.

LambshankRedemption

Assuming most of the replies here are from current landlords, anyone renting from an Irish landlord would have to be nuts also.

https://www.boards.ie/discussion/comment/121891190#Comment_121891190

If you check the RTB site, there are plenty of disputes with institutional/overseas LLs.

sugarman20

Exactly or for refugees in general. I know of places in Dublin and yes they are large houses but they are getting 200k a year from the HSE and they have nothing to do with the tenants. Everything from the management of the tenants and maintenance of the property is taken care of.

SharkMX

https://www.boards.ie/discussion/comment/121891044#Comment_121891044

JEsus thats shocking. Ive a couple of friends going on 4 years now trying to remove problem tenants who have since stopped paying rent, since they can, and still no sign of getting them out.