How to get tenant to leave

I have no intention of proving you with proof.

I lived through the living nightmare that was a tenant withholding without payment in my property for 12 months. My experience with prtb are legit. My experience with a solicitor and barrister, in a court of law and what exchanges and admissions took place are legit. I have no reason to lie.

The dogs on the street know Threshold give this kind of advice to tenants. And not far behind them is the prtb. And I won't withdraw, or give you proof of such.

Advising them they can overhold would not necessarily mean advising them not to pay you the rent.

Sub let after moving out?

The biggest issue I can see is that the tenant knows if they wait until the sheriff the reward is that they are handed paperwork to present to the council who are obliged to house them.

between 5 and 8 grand for an illegal eviction is still cheaper than legal fees and high court order.

Kind of worrying that it is.

This is not difficult to deal with.

In the UK, 3 months arrears is automatic grounds for eviction - no excuses. The landlord simply goes to the local county court, proves the arrears and gets an eviction order. Then the Landlord gets the bailiffs in to do the eviction based on the County Court Order. There is no time wasted going through pointless hearings and appeals with the RTB, there is no "lets give the tenant a few extra months" in the courts. Quick action, and the Landlord can also effectively and efficiently recoup losses suffered from any assets the tenants own (cars etc.). The tenant once evicted becomes the responsibility of the Local Authority to house (not the landlord).

In Ireland, the Local Authority or central government are happy with the status quo. While someone squats in a private landlords property, the government don't have to provide them with accommodation, and they don't appear in the homeless statistics. Long term thinking is not important to them. The result is a cohort of rogue tenants who know how to play the system who move from one home to another stinging a stream of landlords along the way. There is no consequence to their actions, so it continues.

To fix this:

1) Allow RTB orders to be enforced by the County Sheriff without recourse to the courts, or abolish the requirement to go through the RTB and allow landlords go directly to the courts to obtain an eviction order.

2) Make staying in a property for more than x months without paying rent a criminal offence

3) Allow for the meaningful repayment of debts owed by tenants to Landlords through the seizure of assets.

Might have been just an excuse to the judge for not paying the rent.

Various welfare/market/etc things are not on topic in this thread.

If it was an excuse, then several other tenants, with legal rep, had the same excuse on the particular court day. It was an opener. A conveyor belt of tenants being brought to court for non payments and evictions on the day.

Well maybe it "works". Did the judge not remark on the advice being given? Someone advising you to do something wrong is usually never acceptable as an excuse.

Rental income is not taxed so highly. It is taxed the same as any other income. If your only income for the year was 10k in rent, you would pay zero (or close enough) in tax

Keeping the house in good repair is of course an allowed expense which is written off against the rent.

I don’t think LLs have an issue with risk per say, they do have an issue with the one sided nature of that risk though. Ideally the risk should be balanced with both parties penalised if obligations are not met. The reality is that there are little or no consequences for a tenant, and punitive consequences for a LL even when they act lawfully. In the op’s situation, provided notice is valid, they should be able to use their home. Instead, they may end up paying rent themselves, and have costs associated with exercising they legal rights. When this is over and the tenants leave, there really is no hope of recovering those costs. That is inherently unfair. At the very least, there should be a reasonable way of those costs being applied to the party who has not abided with the tenancy agreement/legislation.

I read some rubbish on here about removing subsidies or blaming LLs for not accepting risk, as if it is the LLs fault for the tenant getting a hand out from taxpayers, the fact is that if legislation was more balanced, LLs would not find themselves in the op’s situation and less would be leaving the sector at a time when under normal circumstances, investors should be piling into the market.

If you only have one rental property then you only have one basket.....with a rotten egg in it.