Tenants refusing to leave even though we are homeless..HELP

Unfortunately it seems like you have landed in a bit of a mess.

First of all regardless of RTB registration if a tenant decides not to leave you are powerless to get them out without the costs and stress of going a full legal route which could take a couple of years.

My advice would be to register the tenancy immediately and then follow the correct and legal route to terminate the tenancy (RTB’s website will have details). You will need to prepare yourself for a long battle to get them out as there are little or no protections in Ireland for landlords.

Also - I am going to assume that you haven’t paid any tax on the rental income over the last 12 months - I’d look at making a declaration (you are probably not late as you usually file this return in arrears).

Best of luck with it

Thats a really **** situation. If I was in your position I would just arrive at the house and move in anyway. Move all their stuff into the smallest bedroom. Live with them - after a few days of this they will soon be gone. I think you have to play dirty with scum like this.

I'd do the same.

OP you will be years waiting to go the legal route. If they play dirty, you jump in the muc with them. Arrive at the house with your family and create a disturbance, make a big scene, and when the Garda arrive tell them you are homeless and have nowhere else to go. I would not back down on this.

Couldn't do that. RTB will deal with a complaint, even if LL is not registered. If they deem (and I reckon they would) that there was a tenancy in place (rent being paid over a period of time etc.), you could face a fine for illegal eviction as well as non-registration of a tenancy, and have the tenancy re-instated.

Go to a solicitor - do it right - no short cuts or DIY "justice".

This is a dreadful situation for OP, but this is where tenancy legislation in Ireland (all in favor of the tenant).

Incorrect they will get involved on the tenants behalf regardless of registration.

From threshold and supported view by the RTB.

"The landlord can only enter the property with the permission of the tenant, unless it is an emergency situation".

" it was not forever as the house was not finished to standards that would be allowable for renting( as it was still being build but was liveable"

A lot of questions to be asked.

Tenancy not registered, house not up to the standard...

Liveable? What does it even mean.

Doing things by the book will mean the OP will remain homeless for possibly years while the scum tenants continue to live in the house and not to pay their rent.

Overholding and not paying rent is happening more and more in this country. In this situation it seems the tenants have all the rights which is crazy. Its time for landlords to join together and reclaim their rights. When the correct notice is given a landlord should be able to evict their tenants on their leaving date without having to go through the legal route. If tenants are not paying their rent they should be able to be evicted within 3 months without having to jump through legal hoops. As far as Im concerned the people currently occupying the OPs home are squatters not tenants.

The OP sounds like she has done this family a favour for the last year and this is how she has been repaid.

The legislation should be that its the tenants home while they are paying rent - if they are not paying rent their out.

Why do you think there is a mass exodus of landlords from the market?

It's because in this very situation the laws heavily favour the tenant

Except when it comes to the highest rental costs in the history of the state. That's in favour of the landlord, right?

That and the money they can make from AirBnB, yes?

More like the process for dealing with complaints is absurdly long and expensive.

If the complaints process was quick there would be a lot fewer issues.

I’d be tempted to arrive with a bunch of workmen and the loudest tools you can find and start up work on the house again, with no payment received for the ‘bedroom’ they were ‘using’ you assumed your ‘friends’ had moved on.

Honestly don't follow most of the advice here urging you to do down right stupid things regarding your property. They will land you in great legal difficulty both civil and criminal.

People can stop with the illegal "advice" and only give actually useful stuff, thanks.

Even with high rents droves still choose to leave. Why I wonder.

I even know an auctioneer who owns a property that is empty years. He has been asked many times to rent it and the reply is always the same. Not worth the trouble mate with over half the rent heading for Dublin and it only taking one bad tenant to ruin me financially so it can sit there for the kids.

Look at the UK. A couple of months and a bad tenant is escorted out willingly or not

You sound like a bit of a soft touch and a poor judge of Character. You've too many mistakes made at this stage. Your only option is the to go to the rtb and start the whole process. Bad news is it could take 6 months+ to remove them and worse case even after the rtb rule in your favour you may still have to go to the District court to get an enforcement.

On the positive side, the whole process is quicker now that the last stage is via the District court rather than the Circuit court which was more expensive and a lot slower. Also if you are in financial trouble or struggling make sure to let the rtb know and apply for legal aid from them if needed.

One other thing, do they pay the Utilities, are the Bills in there name or was it an agreement that they would just sort out the bill but your name remained on the it?

Ffs...if the op is accurate they knew it was a temporary arrangement, she gave them notice, they aren't paying what they said they would, they arent taking care of the place etc......its her house........its warped that anyone could side with the "renters" here despite the many errors the OP made.......

It's the landlords need protection from total one sided bullshittery and the people of Ireland need protection from disastrous govt meddling in the property market and installation of quangos interfering with property rights/natural justice etc

I would remind them that they need to pay the rent and leave when the notice period is up. If not, you will bring a case to the RTB and will not give them a reference for a new rental.

I would tell them that they need to think about the position they will be in when this ends, no place to live, no reference and a visible overholding case that any future landlord can see. The market is very difficult for the best of tenants, impossible for a family with that baggage.

The decisions the tenant is making here are potentially going to really hurt them in the long run.

when I’m renting out a unit it’s the first port of call. Just put in the names and see what comes up!!!

it’s not all on the landlord!!!

The decisions bad tenants make have a knock on effect for other tenants.