Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Homeless homeowner

Options
11113151617

Comments

  • Registered Users Posts: 1,262 ✭✭✭The Student


    The rent was changed as each year's lease came to renewal that's how business operates.

    If the tenant wanted to find alternative accommodation they could.

    It makes no business sense to base a charge on an initial figure and not change it. Does inflation sound familiar? Are you aware of other businesses that operate in the fashion your are hinting at?



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump


    Why are you calling it a commercial transaction, but get into a huff when you have to deal with commercial realities such as changed trading environments?


    Similar to your own logic, the landlord could sell the house if they wanted to have an alternate investment instead....you seem to accept changes in one direction....but not in the other direction.........


    (I don't have any issue with rent increases OR with the fact that rules or regulations evolve)



  • Registered Users Posts: 8,385 ✭✭✭Ray Palmer


    According to you. The great thing about the English language is you can use it multiple ways. They own a home so are a home owner. Now say if somebody was away in another country and they said the were going home. It could mean the are just going back to where they are sleeping or returning to the country they normally reside. Who knows? Now say they mean they are going back to the property they bought and lived in before going away!

    Can’t have that says DT I hold precious and dear the term “home” to try and make some special case to complain about a pedantic claim like I love to.

    It’s language and unless you are autistic you know that. She is a homeowner language didn’t change anything legal here people understand the heading and if you don’t than literally must annoy you too



  • Registered Users Posts: 3,256 ✭✭✭Kaisr Sose




  • Registered Users Posts: 437 ✭✭TipsyMcStagge


    Completely and utterly correct a property can not be considered your PPR if you rent it out to someone else and do not live there yourself.



  • Advertisement
  • Registered Users Posts: 18,545 ✭✭✭✭Bass Reeves




  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump



    Absences considered as living in the property

    You will be considered to have lived in your property where:

    • you could not live in the property because your employer required you to live elsewhere (up to a four-year maximum.)
    • you had a job, all the duties of which were performed outside the Republic of Ireland
    • your PPR remained unoccupied and you were either:
      • receiving care in a hospital, nursing home or convalescent home
      • resident in a retirement home on a fee-paying basis.


    So it's not just the case that you can get married, move in with your spouse, rent out your own home and claim PPR relief on it later for the time you didn't live in it. There are some special circumstances under which it is allowed for the calculation of tax



  • Registered Users Posts: 13,503 ✭✭✭✭Mad_maxx


    Renting out property is no more theft than charging a fare to drive someone home from Dublin City to the suburbs is , it’s a service which carries a fee

    You’re post is the worst kind of ideological dopey soundbite



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump



    Ray: Hi Donald - are you are homeowner?

    DT: Yes Ray, I am a homeowner. I own a home.

    Ray: Cool. Where is your home

    DT: It is in Brazil. I bought an apartment off the plans as an investment 20 years ago. It looks nice on the photos

    Ray: What? Have you never been to see it in real life?

    DT: No. I've never been in that country. I have a tenant who has lived in it for the 20 years. They consider it to be their home. So I am a homeowner.



  • Registered Users Posts: 18,545 ✭✭✭✭Bass Reeves


    So the in other words it is her PPR and is also consider her home for taxation purposes as she was only away a year and a half.

    Even aside from that there is legal and constitutional questions as to the definition of what is her home and her PPR.

    Do we can take it that the definition of her being homeless is correct.

    By the way Donald I see you deleted an earlier post contradicting me

    Slava Ukrainii



  • Advertisement
  • Registered Users Posts: 1,262 ✭✭✭The Student


    OK I 'll indulge you. Can you provide an example of how the changes in trading environment has benefited the landlord?

    You are correct a landlord could dispose of an asset but at the same time he could leave it vacant. It is his asset to choose what he does with it.

    I don't have any issues with "balance" changes in legislation.



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump


    If she was away for work she can call it her PPR. If she was away backpacking then technically she could not.



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump


    Changes in trading environment that benefit the landlord.... hmm, let me see.......

    I'm not sure if you are aware, but house prices have increased as have rental incomes. Did you not know?


    Billions of public money pumped into private market by local authorities etc.



  • Registered Users Posts: 8,385 ✭✭✭Ray Palmer


    Well you are not going to give Oscar Wilde any competition. It isn’t anyway close to a comparison. She lived there it was her home and she planned to return.

    still doesn’t matter it is a ridiculous situation to have come about and is due to a broken market



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump




  • Registered Users Posts: 18,545 ✭✭✭✭Bass Reeves


    Well In this case she was not. Technically she could if backpacking as she could technically be classed as an itinerant worker for that period

    Slava Ukrainii



  • Registered Users Posts: 1,262 ✭✭✭The Student


    Did they? I must have missed that. Theres a rumour inflation is high? Interest rates are rising? The general cost of business is increasing. These must just be only affecting some people and not others.

    And to think local authorities have all that state land and they are being forced to rent in the private sector. Maybe someone should tell them what they are doing is wrong.



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


    Give a more useful reply than "Incorrect" or don't reply.



  • Registered Users Posts: 1,215 ✭✭✭herbalplants


    You seem to confuse rental from the council with private rental.

    Living the life



  • Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    She did not make herself homeless. She choose to rent her home under the rules and regulations in place at the time. A significant number of legislative changes have been enacted since she choose to rent her home (most notably the eviction ban).

    She could have evicted the tenant legally if she followed the correct procedure. She could be living in the property were it not for her own mistakes. So why do you think it is not her fault and the fault of the eviction ban? Why is it not her fault for trying to evict some unlawfully?

    As a moderator you should not be casting aspirations on me without knowing me.

    Would you cop on?

    For your information I am a landlord for the last 13 yrs and I have had the same tenant with me throughout the 13 yrs and has moved with me from property to property.

    Well done. Do you want a medal?

    For the record, I can empathise with landlords but this notion that the rules are unfair become tedious when we see those people not actually following them properly which is the case with the lady were discussing.



  • Advertisement
  • Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Just to be clear, was the notice she served invalid because the notice itself was technically wrong or she didn’t follow procedure, or was it invalid solely because of the moratorium had come into force? The article in The Times seems to indicate it was invalid just because of the moratorium.

    ”She then rented out her apartment to cover the mortgage while she was living in the Middle East. In July she issued her tenant an eviction notice from Dubai but was told three months later the notice was deemed invalid due to a recent change to rental legislation.

    By that time the Government had introduced a moratorium on evictions, meaning if a residential tenant is given an eviction notice by their landlord between the end of October and next March, the eviction will be deferred until April.”



  • Moderators, Politics Moderators Posts: 39,714 Mod ✭✭✭✭Seth Brundle


    @Dav010: Just to be clear, was the notice she served invalid because the notice itself was technically wrong or she didn’t follow procedure, or was it invalid solely because of the moratorium had come into force? The article in The Times seems to indicate it was invalid just because of the moratorium.

    I previously posted a video of her on national TV telling everyone that she fupped up the notice...




  • Registered Users Posts: 18,545 ✭✭✭✭Bass Reeves


    Add to that even if she gave the correct termination notice in June it would have run into the moratorium.

    Slava Ukrainii



  • Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Where does she say she fuucked up the notice? She says a charity told the tenant it was invalid, possibly due to the moratorium, but she absolutely does not say in that video that the notice itself was procedurally incorrect.

    So again, why are you saying the notice was technically wrong? It seems to me from the article and that video that the moratorium is the basis for the delay in termination rather than a technically incorrect notice. Can you offer any further clarity for your assertion about the notice itself?



  • Registered Users Posts: 14,513 ✭✭✭✭Dav010


    That’s what it looks like to me rather than her serving a technically incorrect notice, maybe I’m wrong, but it seems the article in the paper used the wrong terminology, it may have been a valid notice stalled by the moratorium. If that is the case, she did nothing procedurally wrong in the serving of the notice.



  • Registered Users Posts: 1,262 ✭✭✭The Student


    Quality response. It was you who started personalising the posts. The comment about wanting a medal was just childish.

    As a moderator I would expect a reasoned debate and unbiased opinion rather than cheap digs.

    You won't have to worry about moderating any further cause I am out of this thread.



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump



    No. The notice period up to early July was 120 days. If she gave correct notice on 30th June, the eviction date could have been 28th or 29th Oct.


    In the video clip posted she says she came back in August and had difficulty then. It doesn't appear to have been well planned or organised overall


    It is an unfortunate situation, but it is one of her own making



  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump



    Well she could try it Bass. But I'm sure you're well aware that Revenue aren't easily swayed if they want to go after something.



  • Registered Users Posts: 4,464 ✭✭✭FishOnABike


    Clearly stated that she submitted what she believed to be a valid notice of termination in July, her notice got found to be invalid by a government agency / charity. It also happened around the time of the eviction moratorium.

    The moratorium doesn't have any effect on the validity of a notice of termination, it ony defers the termination date if the date falls within the moratorium period. Valid notices will have their terminaton date staggered to dates between April and June.

    It appears quite clear thate original notice was invalid. Even if it were valid and there was no moratorium the owner was returning in August and did not anticipate moving back into their property until January.

    Given the original notice was invalid, when subsequent valid notice was issued and minimum notice period is taken into account the termination date would be in April anyway.

    Had the original notice been valid the moratorium would have deferred the termination date to April.

    The moratorium, unless extended, doesn't have any direct effect on the owner's situation. She didn't expect to be moving back in until January and the original invalid notice / re-issuing of notice pushed the termination date out to April.



  • Advertisement
  • Registered Users Posts: 19,537 ✭✭✭✭Donald Trump



    Even if there had been no moratorium, had she issued the notice after the first week of July, then she wouldn't have been able to evict and regain possession until January.


    I suspect it is likely that one mistake she might have made was try to set the eviction date at 120 days rather than 180 days. Which would render it invalid.



Advertisement