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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]


    Ah no, you are wrong there. The figures show landlords left in their droves in 2022 but they contradict your opinion that landlords left as they were not tax compliant.

    You think a landlord that was non compliant with the payment of tax for years after hearing the budget on the 27TH of September 2022 registered the tenancy immediately with the RTB (which can take weeks) and immediately evicted the tenants prior to the eviction moratorium introduced on the 30TH of October 2022. Then they managed to complete the sale of the rental property in less than two months.

    Do you think that registering a tenancy for less than a week before you evict tenants is not going to draw attention to yourself?

    Non compliant landlords would have given the tenants the boot sold up and these properties would have been reflected in the second hand properties rather than the rental properties. The figures don't support your claims so you are clearly wrong no matter how you try and spin it. I think you owe landlords an apology for trying to smear them as tax dodgers.



  • Registered Users Posts: 2,596 ✭✭✭newmember2


    First refusal - surely it's a scenario that could never actually happen. What tenant has the money to buy a house but continues to keep renting?



  • Registered Users Posts: 7,854 ✭✭✭Grumpypants


    I can imagine timing is key. But quite a few people rent as they save up. And with so few houses on the market they have to wait around for a fair few months.


    So you might get an alignment and the landlord comes along and says I'm selling up in 6 months at the same time they are looking to buy.


    The question I guess will arise in how it is done. Can you still put it on the market and get into a bidding war that just drives the price up beyond what they can afford so they have to refuse it?


    And also if you wanted to buy the house you would prob approach the landlord anyway.


    Like everything this government does it will be implemented badly and cause more problems that it solves.



  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    The papers are full of stories of tenants who are looking for properties to buy but can't find them in the area they want.

    But the idea is implemented in other areas. And sometimes there are schemes along the lines of getting a mortgage from the council etc.


    I actually had a US friend years ago who was in a scenario where the landlord tricked them out of their residence (i.e. gave a false reason for eviction) and when it transpired later that before the eviction he had been approached by a developer with a view to selling, my friend ended up getting money. Not for the eviction per-se, but because the eviction deprived them of their right to profit from their first-refusal right.



  • Posts: 0 [Deleted User]


    This scheme will probably only be attractive to landlords that have held the property for a long time and it has apricated enough in value to make the savings on CGT enough not to list it on the open market where multiple bidders might drive the price higher.

    As a result there is a good chance that the tenants might have lived in that house for a number of years and are settled in the area. Their ability to purchase the house will entirely depend on their personal circumstance and ability to get finance.



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


    Strange how some people have time to pose for photos while face with eviction.... Also she found quickly a solution... Going back to Latvia... Probably the house she owns anyway with no mortgage..


    

    Living the life



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    It would want to be a lot more than 14k tax free for me to get back into the water.

    Besides they could make it €20k tomorrow and you wouldnt be able to trust them that they wont change it to zero next January.

    Half the problem is that the goal posts are not just moving. They are miles away.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Leases dont apply to tenants. Nothing whatsoever would happen to a tenant who signed a 5 year lease and left after a couple of months. A one sided lease is not good for a landlord.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    Thats what I did. Let me guess. The ultimate thread killer is posting. Threads here are much, much better with that person on ignore.



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


    Yeah I know, and I know that’s exactly what they mean when they say 10 year leases, the landlord is accountable but the tenant isn’t.

    Another reason not to enter into these ridiculous proposals unless the rules are rewritten and tenants are very aware that they’re liable for the remaining rent if they leave before the lease is up. Make allowances for break clauses etc, but the whole thing needs to be redone



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  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    Do you have a job? (I mean as in not self-employed)

    Is your contract term/open-ended/permanent?



  • Posts: 0 [Deleted User]


    Very good point.

    Just as employees are able to turn to their employer and say I no longer want provide you with the fruits of my labour in lieu for pay here is my relevant notice.

    Landlords should be able to say to tenants I no longer want to provide you with accomidation in lieu of rent here is your relevant notice.

    Would make things a lot simpler alright.



  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    You almost got the point.

    The employer cannot say to the employee "yes I know we have a contract but I've decided to fire you because someone else will do your job for less".

    However the employee can say "yes, I know we have a contract but I've decided to take a higher paying job with the fella down the road".

    The above scenario is analagous to the asymmetry claimed between landlords and tenants vis-a-vis exiting the lease early.



  • Posts: 0 [Deleted User]


    For once we are on the same page and I couldnt agree with you more, when somebody is getting paid to provide a service and there is no contracted duration for the provision of that service they should be free to terminate that service when a better opportunity comes along. As you indicate they should be free to maximize their potential earning ability without hindrance.



  • Registered Users Posts: 3,624 ✭✭✭Fol20


    No one ever agrees with you donald trump. Do you ever ask yourself why? Most of the rebuttals that other posters do is a complete waste of their time as you "some how" find a way to say to say that the stats, articles that they use are all wrong yet you back it up with absolutely nothing other that your opinion. You share anecdotal info or blatant generalisation with no info to backup your statements . I read over most comments in the accommodation forum but the minute i see your name, i dont bother as its all waffle.



  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    Don't worry if it goes over your head. Maybe some day you'll understand it. Thanks though for taking the time to read my posts and make a personal response to me out of the blue.



  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    I can't tell whether you are trolling or genuinely can't understand the point. Perhaps a bit of both?



  • Posts: 0 [Deleted User]


    I'd say you're just not used to having somebody support one of your comments, I'm sure you are finding it a little unnerving.



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


    Oh I do and I know where you’re going with this, I have an extraordinarily long notice period that I can’t breach without being sued I also have a non compete for 8 months which means I can’t work with a competitor, oh and other people I work with have breached these and been taken to court on it, makes it difficult to find a new job especially the notice period, but a contract is a contract, much as a lease is a lease.

    Side note I’ve worked contract before in IT and signed up for a year, if I left before the contract was up I would be liable for the amounts that they’d agreed to pay me as a daily rate, money for time and vice Versa.

    missed out on some fantastic opportunities but that’s the nature of a contract.



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


    You really can’t do this, you still have to serve notice if it’s a month fine, but I’ll tell you now my notice is a way way longer than a month, you still can’t work for a competitor and if you’re a contractor and you’ve signed a contract for a specific duration you’re liable for the daily rate that’s left on the contract, I’ve been down this road multiple times and I can tell you, you are bound to your contract.



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  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    You see what you aren't understanding is that as a contractor, you are essentially operating as an independent business and then you have two businesses contracting. I am sure that you are aware that, for example, as a contractor you can contract out of statutory rights which would be afforded to regular employees? A regular employee cannot contract out of those rights in a personal capacity. You are not employed staff while you perform work for a company as a contractor!

    If you are not an independent contractor and instead are employed by a contracting company, then your rights lay with them and not the company they send you out to. And the obligations of the contract lie with them and not you. They would still be obliged to provide the services to the other company, but you could still leave.

    The correct analogy to your contractor scenario would be if you leased your house to a company for 10 years - e.g. Google - as they wanted to have it for 10 years to put their relocating staff up in. Or even the more common example of leasing it to the Council for 10 years. But that is not at all like the analogy I gave.

    If you don't like it being pointed out that landlord/tenant "asymmetry" vis-a-vis ending the agreement early is analgous to that of an employee/employer, then that's fine. What you are doing though by going on about contractors is essentially a form of straw-manning and deflection.



  • Registered Users Posts: 18,547 ✭✭✭✭Bass Reeves


    My son is only 24 two years working. He got another job offer but has to work three months notice in his present job now he had pointed that out to the new firm and they had no problem but SD him to inquire if he could terminate early. His employer requires the three months notice.

    It amazes me the amount of idiots talking through there hole about the way things work. They have not got a clue.

    There is a few Wafflers at best buy I suspect serious trolls on the landlord bashing side of the debate here.

    Some are posting total illegal rubbish

    Slava Ukrainii



  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    Can you not understand that the existence of a notice period indicates that the employee is not forced to stay working for the entire duration of the contract?


    Do you not understand that your own post even vindicates what I said?

    However the employee can say "yes, I know we have a contract but I've decided to take a higher paying job with the fella down the road".

    Your son had a contract and is leaving it early. If he was a regular employee, passed his probation etc, then the employer could not just end his contract early to get someone cheaper to do his job.



  • Registered Users Posts: 994 ✭✭✭rightmove


    Donald I doubt you would be whats described as a problem solver!!!!!!



  • Registered Users Posts: 6,761 ✭✭✭SouthWesterly


    Was listening to Uncle Joe yesterday as I drove from Dublin to kerry.

    Had a woman crying that she would be homeless soon as her landlord was selling. She needed a house in the area as her son was in school and upset at the thought of leaving his friends.

    In the next breath she says she may have to consider moving back to her home country if she couldn't find a house. 🤣

    The contradiction seemed to pass Duffys senses.



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


    Oh my Christ where do I start with this? Obviously as an independent contractor you operate as a business, and employee rules don’t apply, however contract rules apply, therefore if you sign a contract for a year and decide to leave early or want to end the contract to pursue something else, you’re liable, believe me I know this having one company who wanted me to work for them getting their lawyers to go over the contract and saying I’d be liable.

    As for an employee leaving they’re not cutting their contract short, unless the contract has a specified period of time to stay, the terms are if you want to leave you have to give x amount of notice, different to signing on as a contractor for a year with a company, I’ve done both.

    A lease is similar to the contract example because if you sign a 5 year lease you’ve agreed to pay the rent for 5 years and you’re liable for it. Contract law means that’s the contract you’ve signed unless both parties come to an arrangement

    Post edited by The Spider on


  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    In the general case of an employee of a company, there long enough etc, can the employer just randomly decide to fire you to replace you for no reason other than he can get someone to do your job for cheaper? Even if they give you notice. Yes or no?

    In the general case of an employee of a company, there long enough etc, can the employee just randomly decide to leave for no reason other than he can get paid more somewhere else? When they give their notice. Yes or no?

    You appear to be mixing up the fact that you have to give notice as some sort of proof that the contract is not ending early. Let's apply your logic back to a tenant scenario. The tenant has to give the landlord notice - does that mean they are not ending the lease early?

    I'm very surprised that on a point about employee/employer contracts, you bring up contractors .Contractors are not relevant and refute nothing.



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


    Living the life



  • Registered Users Posts: 19,539 ✭✭✭✭Donald Trump



    What is the contradiction?

    If she said she might have to consider moving to Kerry then that wouldn't be a contradiction?



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  • Posts: 0 [Deleted User]


    Happens the whole time companies make people redundant because they can automate a role, find somebody in another country that can do it for cheaper, make the existing staff take on addition duties or slightly change the job description to hire somebody to do effectively the same role for a lower wage. Why do you ask?



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