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Winter 21/22 Eviction Ban (was: And just like that, FFFG lose 298000 votes))

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  • Posts: 0 [Deleted User]


    There is a risk to the public here too, if there is a landlord with the funds to challenge this moratorium on evictions and if they are successful it will allow other landlords to sue the state if they can show they have lost income as a result of this change.

    This proposed moratorium is going to result in spikes in evictions, there will be plenty of notices served during the moratorium that will take effect in April next year and there will be a lot of landlords that will serve eviction notices that will take effect just before another moratorium starts the following winter. The government and charities cant deal with the current numbers of homeless so I can't imagine they will be able to deal with a surge of homelessness next year any better. They are saying that the current moratorium will give them a chance to catch up but you cant solve a housing crisis in 5 months, they needed to start building 2 years ago.

    Another untended side effect is that when there is a surge in evictions you will have a large amount of people competing for rental units, competition usually drives prices upwards. Any new rentals are going to be able to pick their price. Landlords have properties in RPZs lying empty for two years so the rents can be adjusted to market levels, they would be mad to let these properties again until the moratorium ends.



  • Registered Users Posts: 20 TenMoreMinutes


    I certainly hope not. They've repeatedly used the "no-fault evictions" as a soundbite over the last few days to reassure landlords with problematic tenants that they can still take remedial action. One would hope they actually do the opposite in relation to the RTB (not that they should be interfering at all) by encouraging them to prioritise the termination process for terminations due to rent arrears or with anti-social behaviours, to discourage tenants from taking advantage of the evictions ban.



  • Registered Users Posts: 1,273 ✭✭✭The Spider


    Question here, if someone gets a lease for a year on a property and that lease is up and they’re issued with an eviction notice, is that a no fault eviction, or is it just letting them know the contract has ended?



  • Registered Users Posts: 68,760 ✭✭✭✭L1011


    After six months they are entitled to a Part 4 tenancy of 6 years.



  • Registered Users Posts: 20 TenMoreMinutes


    The law is so skewed against landlords that as soon as a tenant reaches 6 months on the lease, they are entitled to a Part 4 Tenancy, which basically means the end date on the lease has no real weight to it any more, unless it is an end date within the first 6 months. The tenant can effectively stay for years on the provisions of that initial lease unless the landlord has cause under very limited conditions to terminate the tenancy.

    LINK: https://www.rtb.ie/ending-a-tenancy/ending-a-fixed-term-tenancy/what-is-a-fixed-term-tenancy-what-is-a-part-4-tenancy



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  • Registered Users Posts: 341 ✭✭DFB-D


    Pure conjecture based on the process of course, but from memory, legislation has been referred to the Supreme Court by the President before?

    Anyway, not betting on delays, but it seems like a short timeframe to get the legislation in by the 1st November.

    Fingers crossed that whatever the final legislation is, this will not prevent the sale for that poster.



  • Registered Users Posts: 10,901 ✭✭✭✭martingriff


    And who will these people vote for SF PBP Labour they would all do the same. He'll I say the first 2 would ban paying rent or lower it to a small level



  • Registered Users Posts: 68,760 ✭✭✭✭L1011


    It has been, but rarely and only when extremely controversial with solid legal arguments about unconstitutionality. The last was 17 years ago

    If a bill is referred and allowed it cannot be challenged again. This is not seen as a good thing as further errors could be found and be unchallengeable



  • Registered Users Posts: 10,901 ✭✭✭✭martingriff


    And what will that do. You just allowing it to continue and in my mind if you couldn't be bothered to vote then you can't complain of what is voted



  • Registered Users Posts: 1,273 ✭✭✭The Spider


    So better off issuing 6 month leases and reviewing every 6 months then, this seems like the only sensible option



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  • Registered Users Posts: 68,760 ✭✭✭✭L1011




  • Registered Users Posts: 9,381 ✭✭✭Yurt2


    I see people still engaging with notions of unconstitutionality, and even some harboring notions of getting damages from the State.

    There is a low single digit chance of a successful legal challenge to this (and I'm being generous there). In fact it likely won't get in front of the SC.

    Nobody has come up with a credible reason why it's unconstitutional even with all the hypothesising, merely that they don't like the measure and they perceive it's against their maximalist interests as a landlord. That doesn't make it unconstitutional.



  • Registered Users Posts: 20 TenMoreMinutes


    If I am correct, it's not the lease itself, I believe it's the actual occupation duration. Two back-to-back leases without a break would still likely define a tenant's occupation meeting the threshold for becoming a part 4 tenancy. For example, if a landlord rented a property on a 5 month lease, but allowed the tenant to continue to reside there for a further 2 months without terminating the lease and having them vacate the property, they would exceed the threshold regardless of the end date of the lease being overdue. As I said, the law is very much skewed against landlords.



  • Registered Users Posts: 3,991 ✭✭✭spaceHopper


    [quote]An estimation that there are 2,273 tenancies due to terminate over the winter period is understood to be one of the drivers for the Government to reach its decision to introduce a ban. [/quote]

    It's this the rate of evictions is growing and LL's exit and they expect things to get worse and the Gov won't be able to cope with homelessness.

    I really don't think this will stand up to a challange, you can impose on 1000's of LL's to protect say 7500 people? I know it's cruel but it's the reality of it. Also if there is challange I'd expect much of the current rental legislation to be be challenged



  • Registered Users Posts: 68,760 ✭✭✭✭L1011


    To take a challenge you need standing, and lots of money. And an exceptionally strong argument.

    Very few people have one of these, let alone all three.

    The large firms/funds that may have the money are not in a position to make claims of needing properties back for family members, so wouldn't have standing to make that specific argument.



  • Posts: 0 [Deleted User]


    Complete agreement. In addition to enshrining rights around rights to hold private property and to profit from that, there are also constitutional provisions around social justice and the common good.

    The AG would be arguing that even while this ban may infringe on an individual's right to profit on their private property, that this restriction is proportionate in the context of the social justice & common good provisions, and in light of what would be described as exceptional circumstances this winter.

    It would be a big gamble for any potential objector to this provision to try and take.



  • Registered Users Posts: 29,386 ✭✭✭✭Wanderer78


    seriously, whats the craic with folks using terms such as communism, seriously, grow up!

    yes, we should not be implementing polices that benefits only tenents, while directly screws landlords, a debt moratorium should also be implemented along side this ban, no wonder landlords are running, and i wouldnt blame them either



  • Registered Users Posts: 10,901 ✭✭✭✭martingriff


    Any chance of a link to those in the constitution



  • Posts: 0 [Deleted User]


    Article 43 - the same article that enshrines the private property rights explicitly references the fact that the exercise of these rights is regulated by principles of social justice (in subsection 2.1) and references that the State can, as occasion requires, limit by law the extension of private property rights in the interests of the common good (subsection 2.2).



  • Registered Users Posts: 381 ✭✭bluedex


    The final death knell to the supply of private rental properties. A large number of private landlords were afraid of being restricted in their use/decisions of their properties, saw this coming a long time ago (it was an obvious result) and exited the market. The remaining few will now exit as soon as possible, or a large number of them anyway. The situation will worsen and there will be no solutions that aren't long term in delivery.

    This is pushing the problem down the road and making it worse at the same time. It's hard to believe that no-one has learnt anything after all the other interference grew the problems to the current mess.

    It doesn't really matter what any of our views on this are, as it's happened and the negative consequences will happen too.

    Never argue with an idiot. They will only bring you down to their level and beat you with experience.



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  • Registered Users Posts: 29,386 ✭✭✭✭Wanderer78


    the reality is, the only solution to this mess is further state interventions, but virtually opposite to what ffg have been doing, theyre truly heading to the opposition benches for a very long time, and the mess could be so severe, sf may not be able to resolve it!



  • Posts: 0 [Deleted User]


    By all means then feel free to sell. It doesn't really worsen the situation at all tbh. If there was a dramatic increase in properties available for sale, then house prices would fall accordingly and a lot of people stuck renting would be able to buy.



  • Registered Users Posts: 11,170 ✭✭✭✭Furze99


    Are there really 298,000 small landlords in this Republic renting out accommodation? If so, how did we get so screwed up on this idea of owning property and the more the better? A hangover from the so called '800 years of occupation'?



  • Registered Users Posts: 29,386 ✭✭✭✭Wanderer78


    ...again property markets dont work as simply as this, theres no guarantee that more landlords selling will lead to lower prices, thats simply an over simplification of the problem, new cb rules will lead to further rising prices, as it increases the availability of more money to be used in bidding up prices, and the on going supply issues, all adds up to increasing prices overall....



  • Registered Users Posts: 1,273 ✭✭✭The Spider


    I don’t know about the amount of landlords but if there are, the reason is the last crash, late 90’s early 2000’s the banks, the government, businesses every part of the system with authority were telling people to buy houses, that renting was for idiots and it was dead money. Banks were giving interest only and 100% mortgages, taxi drivers were buying apartments in sunny beach Bulgaria, crash happened end of 2007-2008, and suddenly all those ‘starter homes that people had bought were in negative equity.

    People had a choice, sell the property at a loss or stay and hope prices go up, most of the people who bought were in their 20’s, 30’s life went on they either had kids or met other people (who may also have had a property) and suddenly the starter home they were saddled with wasn’t fit for purpose, but they couldn’t sell it or they’d be in debt.

    So what do they do, they rented them out in the hope that some day they’d be back at the price they paid for them, they moved in with their significant other, or in a lot of cases rented out the starter home to cover the mortgage, while they rented a bigger house if they had kids in the intervening years.

    The government sat on its hands and didn’t bother with social housing because weren’t there loads of places to rent and the owners of the properties couldn’t sell them on, so the government just gave HAP payments instead.

    Rollonto 2021, property prices have risen, finally those people who never really wanted to be landlords can sell their properties and exit negative equity, they’d essentially been providing a housing service for the best part of two decades without being paid because even if the rent was 2 grand a month the government were taking back 52%, what they had left certainly didn’t cover fees, mortgage and all the rest but it was a help towards it.

    This gives the lie to people shouting about paying a landlords mortgage and the landlord would have an asset at the end of it, they won’t those mortgages will be doing well if the interest is paid, the principle is still outstanding.

    So here we are all those people have decided to sell and exit without being in debt, and what does the government do after those people played ball for over 16 years? They decided to block them selling their houses with an eviction ban because the government didn’t bother with its responsibilities and build the houses it promised, it’s completely and utterly unfair on those people.

    Of course there’s way to keep people from selling that is fair and not verging on the unconstitutional, and that’s to cut taxes on rental income if you cut it to 12% no5 only would you have people not selling you’d have more people invest in BTL’s if a small landlor€ could have a profit of 5-600 euro a month after tax they probably wouldn’t sell, it’s not rocket science, they cut corporation tax and boom we have every significant tech and pharmaceutical company using Ireland as its European hq

    Post edited by The Spider on


  • Registered Users Posts: 381 ✭✭bluedex



    @Wanderer78

    Yes probably it is the only solution, but it needs to be clever, innovative and incentivised - the opposite of what has been done in the last 5-10 years.

    Never argue with an idiot. They will only bring you down to their level and beat you with experience.



  • Posts: 0 [Deleted User]


    The most likely person to challenge this moratorium is a landlord that needs to reclaim a property for their own personal use, but again that's dependent on them having an immediate need and the funds to challenge it. It would be interesting to see if the state puts the needs of the tenant ahead of the property owner in that instance. I don't see the moratorium affecting professional landlords unless they intend selling up in the near future.

    The government are banking on nobody raising a challenge as the case would probably not have been heard before the end of March but I'm sure as we head towards the end of March the government will enter panic mode again and try to enact further legislation to try and stem the spike in evictions at the end of the moratorium. If you think the government will have the housing crisis sorted in 5 months you are deluded, their goal will be to ride this out until they are booted out off office and then they can use the inability of the next government to solve the crisis to try and get back in.

    Should other businesses be worried that the Irish government will start implementing legislation that they classify as being for the greater good. Why stop at rentals why are the government not putting caps on fuel, energy, food, house prices and medical care. If they had put 2% caps on price increases for these basic necessities when they done the same for RPZs we would all have a lot more money in our pockets at the moment. I'm sure if the fuel importers complain we could just bring in legislation making it a requirement to continue suppling fuel whether they want to or not, but unfortunately the government don't really care about the greater good and will not go after those with the means to challenge them or those supporting their political campaigns.



  • Registered Users Posts: 381 ✭✭bluedex


    @[Deleted User]

    Very naive comment.. that's not how it will work at all.

    BTW, I don't have a property to sell, thankfully.

    Never argue with an idiot. They will only bring you down to their level and beat you with experience.



  • Posts: 0 [Deleted User]


    The laws of supply and demand are fairly well established at this stage.

    If a flood of current private landlords decided to sell their properties roughly simultaneously, what do you think would happen to house prices?

    It's virtually guaranteed it would lead to property prices falling.

    By all means feel free to explain how it would work then?



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  • Registered Users Posts: 29,386 ✭✭✭✭Wanderer78


    ...im sorry to inform you, but they actually arent, and theyre far from being laws, the so called laws of economics have actually never been proven at all, similar to the level of proof carried out by scientific laws, these so called laws have been commandeered by particular economic ideologies, in particular so called free market based ideologies, but have actually no basis in reality. this is in fact one of the main reasons why our property markets are in so much disarray, as our political and financial institutions, central banks etc keep defaulting to this type of thinking and these ideologies, and surprise surprise, keep failing!

    supply and demand is a major over simplification of our property issues, one of the main elements omitted from this thinking is the involvement of the money supply, in particular the private sector money supply, i.e. the credit supply, generally, as the credit supply increases, so to do prices, hence why new cb rules will fail spectacularly, i.e. they will help to further increase property prices....



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