Tenant overholding

€500 in an envelope to help with moving "costs". Sad state of affairs but the tenant has all the power.

More like multiples of the deposit.

How do the professional landlords who own blocks of apartments deal with it or does overholding only affect small landlords with one or two properties? Does anyone know what happens in places like germany or austria as they seems to be the model held by many to be the gold standard for the rental market.

Absolutely agree in principle that if the tenant has been given proper notice they shouldn't be paid off to leave as that just encourages that type of messing and they'll likely do that to their next landlord as well.

I've read some horror stories on these threads though so that's interesting that the highest awarded recently for unlawful eviction was 750.

If that was a genuine unlawful eviction with no overholding, and unrelated to petty arguments about what method of communication constitutes "proper notice" then that's too low in my view and would seriously contradict the dominant view on this forum that the RTB is massively biased against landlords.

I think most landlords would probably advise playing by the rules, and many will tell you their own horror story of bad tenants getting away with overholding etc.

In the past conversations about the practicalities of the fines was not allowed on boards. You could only have a conversation about the official legal process.

I would not rely on the RTB website as a guide either. Often you can't find your own disputes on it, never mind anyone else's. Hard to trust the media either, but plenty of articles there. https://www.irishtimes.com/news/landlords-fined-for-breach-of-rules-protecting-tenants-1.1288412

Just the first one I found, googling finds more. I've always thought the RTB toes the govt line when it comes to sharing information.

How about this one?

or

https://www.rtb.ie/documents/TR0817-002545/TR0817-002545-DR0717-35511%20Determination%20Order.pdf

My point is I don't find the RTB data reliable. (there seems to no fines re: evictions post 2018 in there data, but yet media reports of fines). I suspect the data is incomplete. I do know people who say they have been fined for various things. But I couldn't find them. In fact searching seems very hit and miss, even for records I know are there and have a link for. I can't find them using key words. Very weird.

But even in that data that is there. There exist high awards, fines. How likely that is, I have no idea.

I didn’t think that you could request for your name to be removed .. but if that is the case it makes it even more pointless.

About 10 years ago I got stung by a tenant … I got caught out like many with the celtic tiger madness and ended up having to rent out a house when I moved to a more suitable property for my family.

I tried to do everything right and used a letting agency to manage the tenancy which cost about 10% of the rental price. They rented it out to a single mother with two kids - everything seemed fine - they ‘vetted’ the tenant and had actually let a property to her before apparently.

About 2 weeks in to the tenancy I get a call from my old neighbours who asked if I was aware of who had actually moved in to the property - turns out the ‘single’ mother’s partner was released from the ‘joy just after she rented the place - hence the need for a bigger place. This lad had a notorious record and made a living in the import and distribution business (but just not the legal kind) … this was only the tip of the iceberg - anti-social behaviour, guards raids and constant complaints from neighbours including death threats etc.

Rent was never paid - and I went though the process of a notice to quit …. All done properly and by the book.

Day came for them to move out and when I went over there was no sign of anyone moving anywhere. The partner arrived over with a van load of his mates and requested €10k in cash to facilitate the move - it would pay for a ‘mobile home’ that they could move in to.

Over the next few weeks this moving fee went to €5k …. I was powerless …. Nothing I could do.

I was engaging my solicitor to progress the eviction when I got a call from my neighbour to say they moved in the dead of night … turns out there was heat from the guards which he needed to disappear from.

So after 5 months I got - zero in rent and it took about €8k to repair the damage done to the house (it was like wild animals had lived in it). I lodged a case with the RTB and they couldn’t be contacted so it went nowhere.

About a year later I get a phone call out of the blue from your man looking for his deposit back .. thankfully I had moved a few time so he didn’t know where to find me.

I sold the house and would never rent again

But what it proves is that in nearly all cases it is impossible for a landlord to recoup and sort of arrears / compensation from a tenant. So you can have any sort of legislation in place but unless there is actual enforcement powers it is useless.

I would love to see a mechanism whereby revenue or social welfare can garnish incomes to repay either landlords or tenants who have been stiffed … but I’d imagine is would be impossible to achieve as our political system is totally ham strung by virtue signalling and constant weak coalitions who can’t make a decision without having to pander to the whims of government partners who are fringe political parties at best. think of the greens - always in the single digits in the polls yet any government decision needs to be ok’ed by them

So - as a society we need to decide who is going to provide rented accommodation … and who will protect the assets of those who do

I was helping my cousin fill out a mortgage application and scan what seemed like endless documents that the bank wanted.

Baically thew back wanted to know not only what my cousin and her partner had for breakfast the past few years, but also what their kids had for breakfast too.

Every transaction they have done in the last 6 months was in there and had to be explained and proof provided.

Now they are only looking for a loan of €100k as they already have a house paid off and they have to go through that.

Compare that to a landlord handing over a €400k house to someone and only allowed to take a months deposit and not allowed to discriminate on all sorts of grounds. Also not allowed any security against the property.

I can see why landlords are bailing out.

How do you remove your name from the RTB database?

Course they will go to the RTB.

Taking the case drags it out another 3~6 months. They won't actually turn up. The LL will do all the paperwork, dot the i's cross the T's.

Interesting to note that its the Landlords who fund the RTB. Not the tenants.

The reason is always relevant in the context of why a landlord would want a tenant out, especially since this particular landlord isn't saying

One repercussion I can think of, for the tenant, is that he's unlikely to get a reference from his landlord for a futureif he's overholding... You'd be surprised how significant that can be in this day and age!

There's also a possibility that the tenant doesn't have a place to go yet so what's he/she to do realistically?

Do search on daft or similar and find a place that they can afford. Showing 1,935 Properties to Rent at the moment.

If they can't afford it, (and there no reason to believe they can't)

You contact the RTB and ask them to remove it.

Again, strange that you don't say the reason

There's 2 ways of going about it that I can see

1 - change the locks and expect to defend yourself against the RTB, there's no obligation to pay for a week in an Airbnb or similar and the tenants deposit can be held against any damages or cleaning etc etc

2 - make a complaint to the RTB if your reason is indeed genuine they will eventually evict the tenant and until the date he goes you are eligible for rent

Either way gives you the same result if your reasoning is indeed genuine. The question is do you want the RTB on your side or the tenants side and can you wait another few months for him to move out, while paying you rent of course?

The RTB aren't all that good for tenants either

We challenged a rental increase once as we felt the landlord hadn't properly shown examples of where rent is similar in their notice (pre-RPZ rules) and the RTB found in favour of our landlord, not only that but we were also ordered to backpay the increase

Also, technically the tenant has the right to break right back into the property and there is nothing you can do about that. Its worth thinking about how that situation would just escalate when your the one with assets and money and they are not.

Good point worth noting

Do they not still use the city west hotel for people with nowhere to self isolate