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

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  • Registered Users Posts: 1,089 ✭✭✭DubCount


    This thread is nuts.

    Ireland has a fundamental problem, we dont have enough houses and apartments in total. Until this is sorted out, something has to give.

    The rental ban did not solve this problem. It insulated some people from the problem, for a period of time, but had a negative impact on other (i.e. anyone who was not a sitting tenant under threat of eviction). Thats why it didnt work. Thats why RPZs dont work. Thats why anything that does not create more places to live dont work.

    This housing crisis has been an issue for years. All that has been done to solve the issue (until recently) is implement measures which just move the deckchairs around on the Titanic. Central bank rules on mortgage lending made it harder to buy a home, which held back house price inflation but added more people to the rental market and translated into more rental price inflation. Anti-landlord measures have reduced the number of rental properties available, which held back house price inflation, but again added to rental inflation. Now, we are at a point where anything which encourages landlords into the market, will help renters, but will push up house prices for first time buyers etc.

    Its not a battle of landlords vs tenants vs first time buyers etc. Its a battle of Ireland vs housing supply. Change planning laws to make it quicker and easier. Change building regs to make it cheaper and quicker to build. Vacant property taxes, development land taxes, use of public land for building - all great. You can go the while SF/PBP manifesto route and nationalise the rental market altogether - if it doesnt add supply, it doesnt solve the problem.



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


    I think you’re getting mixed up here, the point is that a tenant signing a 5 year lease is liable for the full terms of the lease therefore it’s more akin to a contractor rather than a FTE, currently it’s similar to a FTE because the tenant can give notice and leave if they’ve been there longer than a year and haven’t signed a new lease.

    If a tenant signs a 5 year lease 2 years in they cant suddenly decide they don’t like it and want to live elsewhere, they’re liable for the 5 years they signed for, and liable for the rent they agreed to pay or other penalties. It’s the same as any contract with a defined period, allowing for break clauses etc.

    it’s not like an employer firing you, that’s similar to landlords evicting I think is where you’re getting your points mixed up.

    The point being discussed was tenants being held accountable to the lease/contract they sign especially if they want 5 or 10 year leases, and I had made the point that a tenant would be mad to sign one especially a 10 year lease as they’re liable for the terms of the contract



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



    No. The tenant<->landlord relationship is analogous to the employee<->employer. I only used to latter to illustrate that the former is not unique. Not to get dragged off topics about contractors or redundancy (which was not related to the point as redundancy has to meet certain criteria and is by no means allowed to arbitrarily fire an existing staff member in order to replace them with a cheaper on in the same role). Ultimately, an employer needs a valid reason to fire an employee. An employee does not need a valid reason to leave the job though. A landlord needs a valid reason to end the lease. The tenant doesn't.

    Both are seen from the perspective as personal agreements rather than commercial agreements. A regular individual tenant is not a business. It is not a transaction between commercial entities. Whereas the alternate analogy, that would be seen as commercial, would be between company<->contractor and landlord<->council for example.

    Where does the above manifest differences on the landlord side? Well, for example, it is my understanding (although I haven't had to look into it) that a landlord can break a tenant's lease under the allowed grounds (family moving in etc.) but that they could not do so for a lease to the council. On the reverse, if you lease your house to the council and they don't get a tenant, they cannot exit the lease the same way as an individual could leave (after giving notice).


    In both the case of the employee and tenant, the law will favour the "weaker" party. Whereas in the commercial ones, it is viewed that the business should know what it is getting into and has to abide by that. So it is interpreted more strictly.

    It has to be reasonable too. A tenant needs security of tenure because they will be building their life around their home. So they might want a 5-year lease. But life can get in the way and they might have to move away - lose job etc - even if they hadn't planned on doing so. The house is fixed though. The landlord isn't going to put wheels on it and want to bring it to the other side of the country. The landlords need for "security of tenant" is nowhere near the same.



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


    Just stop..stop, none of what you wrote has anything to do with anything, and being generous is fantasy.

    if a tenant leaves early they are liable for the remaining rent of a lease, if you sign a piece of paper with terms that’s binding full stop, it doesn’t have to go through law firms etc, it’s on you to read what you sign.

    taken from citizensinformation.ie in other words the official government site

    However, if you leave before the end of the agreed period, the landlord may keep your deposit, even if you have given notice. (You may also be liable for the amount of rent due until the end of the lease, depending on what is stated in the lease agreement.)

    notice the bit about being liable for rent?

    Jesus Christ, unbelievable SMH!🤦‍♂️

    Post edited by The Spider on


  • Registered Users Posts: 491 ✭✭SwimClub




    If you want security of tenure, buy a place or get on the social housing waiting list, one of the reduced cost housing schemes etc.

    If you can't do any of those get on to your local politician, it's their job.

    Private landlords are not responsible for your right to housing, the government is.



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



    Grand so. So you just defeated the very thing that you whinged about in the beginning. It turns out that the asymmetry is all in favour of the landlord. They can unilaterally end the lease with no obligations, whereas the tenant can't.

    Thanks very much 🙂



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



    Your issue is with your inability to understand the consequences of your decision. That is on you. Tenants have rights. If you want to jump in like a headless chicken, and you later learn the hard way that it isn't the way you want it to be, then by all means come on here whinging and looking for sympathy. But it will be entirely your own fault. Ignorance is not an excuse.



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


    What do you mean defeated you? 😂 Something either is or it isn’t, in this case as stated numerous times in the thread that a lease is a lease, or a contract is a contract and if you sign it for an agreed period that’s what you’re liable for, like your phone contract, like your energy provider contract, like a loan contract with the bank.

    FYI the landlord can’t end the lease either, in our current set up the lease ends after a year and that’s when the rules kick in, but on a 5 year lease the landlord wouldn’t be able to end the lease for family etc, so depends on both sides wanting to take that on

    if you leave a property early you are liable to pay the remainder of the lease that you signed up to, what’s so difficult about that? You sign up to a lease agree þo pay a monthly amount for 5 years, you leave after 2 you still have 3 years left to pay?

    I get a car loan for 5 years I agree to pay an amount every month for 5 years 2 years in I can’t hand back the car and cancel the loan because I found a better car, this is contract law.

    Its why I said a tenant would be mad to sign a 5 year or 10 year lease, and even if they did walk away without paying it would be held against them in terms of looking for a mortgage someday.

    I defeated you?? Seriously WTF? 😂

    Post edited by The Spider on


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


    Have another go of reading it there. You merely defeated your own excuse for whinging. You were moaning that it is unfair that a tenant can just leave whereas a landlord can't. Now you tell us that a tenant can't just leave. Well done.



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


    😂 You’re a funny man, you read one thing and make up your own story, I never said that I said that if a tenant signs up to a 5 year lease they’d be crazy because they’ll be held accountable to it, that’s all I said, rules at the moment lease lapses after a year, usual break clause at 6 months, 5 years different story, 2.5 year break clause.

    Hilarious 😂



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



    You'd want to read up on the basics. Signed leases and end dates are largely irrelevant due to Part IV rights of the tenant.



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


    Of course Donald, of course…🙄 However in this instance we’re talking about the hypothetical possibility of 5 or 10 year leases with the assumption this would affect part IV or make it irrelevant completely.

    (Ps let me know if you want me to explain hypothetical) 😂



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



    I am concerned with how things actually are. Not with whatever you are imagining the way you think it should be, or could be in a parallel universe.

    If you understand how things are, rather than naively expecting them to be how you want them to be, it will make future decisions better.



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


    So hang on, you’re having your own little conversation and responding to these hypotheticals and possibilities 😂 Dunno what to say to you Donald, but anyway..,,



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


    She said she didn't want to leave the area to find a house elsewhere and then says she's happy to go home to her home country. Maybe the contradiction passed you by.



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



    I was only going by your own post:

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

    which doesn't appear to give the impression that she wants to go home. Nowhere does your post mention that she would be happy to do so. In fact it implies that it isn't her preference given that it's predicated on her not being able to find a house. She is only explaining the consequences of her not being able to find one!



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


    Point is if she has a home in Latvia, then she is not homeless, is she.... Happy or not happy... She has a home...

    Living the life



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


    My point is that shes prepared to move country while not prepared to move to another part of the town she lives in. But I suppose it got her a few minutes of fame on rté.



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



    Well I read it (your post) as her saying "I want my child to stay in school here but things are looking that bad that I won't even be able to find a house somewhere else in Ireland never mind in the locality". Perhaps the interview itself shed more light on it.



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


    Slava Ukrainii



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  • Registered Users Posts: 220 ✭✭babyducklings1


    With regard to the the car loan actually you can hand back the car under the ‘half way rule’ once half the purchase price has been paid by you. This falls under the Consumer Credit Act.



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


    Wasn’t aware, ha I would’ve handed mine back after the engine blew, but it’s kinda like a break clause, I would assume a five year lease would have a break clause at 2.5 years, either party can decide whether to continue on or not



  • Registered Users Posts: 491 ✭✭SwimClub


    I've no idea what you are talking about here, and my 'decision'. My decision like many others will be to sell my property.

    My 'issue' is that we have people that wanted to invest in providing rental accommodation flooding out of the market for some reason (or reasons) at a time when there is no rental accommodation available in the state and therefore huge demand.

    4,700 of them in Q3 last year and it has been going on for years, we are down 40,000 rental units over the recent past, a continuous trend - we've politicians tweeting their shock on recent RTB numbers, while their own policies and tweets are what is driving uncertainty and driving investors out.

    If you're interested in security of tenure then it looks to be back firing massively.

    The only thing that will stem this in the lead up to the next election is a cross party agreement on controlling uncertainty around regulation and rent controls for property investors.

    There is no way they will do this even though they all know it is in the national interest, because there is no political gain for any party in that approach, they are politicians and will fight each other for power gains in the election, looking after their own personal careers. The majority of them are just power hungry narcissists - the job attracts them.

    It's politicians rather than landlords the people should be blaming and every single party has had a hand in destroying the rental market to try to win populist votes, it's lowest common denominator stuff.



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



    If you are not able to cope, then get out and stop whinging that you want handouts in the form of preferential treatment - be it tax treatment or otherwise - such as the reduction of tenants rights to suit you personally.

    You have no entitlement to easy money just because you feel special or think that you should be entitled to it. If you can manage, then fine. If you can't then leave and stop crying about it. Nobody cares.



  • Registered Users Posts: 3,453 ✭✭✭BlueSkyDreams


    They are getting out. They arent moaning about it.

    The poster is just trying to explain why they are leaving. You dont need to listen to the reasons if you dont want to, but others are interested in understanding the root cause.



  • Registered Users Posts: 491 ✭✭SwimClub


    I'm pretty sure the 4,700 people or families in Q3 that were served notice to leave their rental property care about it.

    And anyone moving for work or university that has to try to find a place with 4,700 less units available and all of those evicted people in a viewing queue ahead of them care.



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



    I'm pretty sure the 4,700 people or families in Q3 that were served notice to leave their rental property care about it.

    Do you not think that they might care more about finding new accommodation than caring about the personal circumstances of why some anonymous user on boards.ie can't cope and wants to sell up?



  • Registered Users Posts: 491 ✭✭SwimClub


    I think you clearly need to be encouraged to talk to someone in the real world, so won't be responding to any more of your posts.



  • Registered Users Posts: 753 ✭✭✭dontmindme


    ha...nice one Donald...you have them all biting.



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  • Registered Users Posts: 753 ✭✭✭dontmindme


    I'm still not getting it. So the tenant is able to pay market rate? Then they're already buying the property no?

    It's either that or else the government are going to control how much you can sell your ex-rental property for and to whom.



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