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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: 1,262 ✭✭✭The Student


    I would expect it "should" operate as follows. EG sell for €300k to owner occupier cgt due €50k. Sell to council/ahb for €250k no cgt due as selling to council/ahb.

    Seller nets €250k either way. The big question is the fairness of the valuation. Personally I would let the open market decide.



  • Registered Users Posts: 491 ✭✭SwimClub


    No, in the latter case the owner also sells for 300k and keeps the CGT.

    It's floated as an enticement to landlords not to sell up.

    It will make no difference whatsoever because the owner has no guarantee they will ever be able to sell to a tenant, LA or housing authority so would be stupid to base any decisions on the small chance of that ever happening.

    The government is floating it in this way because it suggests there is something for tenants in it and isn't a measure that would only benefit landlords.

    Even though they want landlords to stay in the market they can't be seen to float anything favorable to landlords alone, like abolishing CGT completely.

    So you get proposals that are of no use to anyone, that as per this thread are confusing to many, so they can pretend they are trying to do their job.



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


    Should the govt pay HAP/RAS pstments directly to the Landlord?

    Surely this would help incentivise LLs to stay in the game.



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


    I thought state pays Hap straight to landlord already no

    Living the life



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


    Yes, sorry I wasnt clear.

    I mean if the tenant stops payimg their nominal rent, the HAP and RAS payment is still paid directly to the LL.

    Ideally, the tenants portion of the rent could also be paid to the LL.

    Either of these 2 chanfes eould gicr certainty to payments for the Landlord



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




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


    It just seems odd to me that the govt havent offered to do this.

    At least to cover the HAP/RAS element if the tenant stops paying, since the govt are paying the HAP/RAS portion anyway.

    No change in legislation required.

    The LL then knows that their HAP/RAS portion of the rent is ring fenced and they can budget accordingly.

    Its stability for the landlord



  • Registered Users Posts: 491 ✭✭SwimClub


    It isn't that odd, it's a benefit to the government the way it is set up.

    The way it works now is that when the tenant stops paying, the landlord would have to go to the RTB, then the courts and it could take 2 years to evict. Then they become the governments problem.

    In the interim two years, the government who is responsible for housing the tenant, gets free housing for the tenant at the cost of the private landlord.

    The entire system is a joke which is why so many are getting out.



  • Registered Users Posts: 1,034 ✭✭✭hamburgham


    The absence of security of tenure was never a problem when there were sufficient properties to rent. It was never a society expectation that private landlords would provide life long accommodation. It was understood and accepted by all that the property was rented for as long as it suited the landlord.

    Was thinking, it’s as if the teachers who provided grinds privately over the years were suddenly in their personal capacity obliged to educate kids en masse, in their own home and taxed to the hilt for the privilege and demonised if they refused.



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


    100% agreed.

    But if the govt is serious about trying to keep Landlords in the market, wouldnt this simple change help stem the tide of Landlords leaving?



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  • Registered Users Posts: 753 ✭✭✭dontmindme


    Ideally, the tenants portion of the rent could also be paid to the LL.

    This is also already happening. unless you mean now paid for by the LA as well??



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


    Paid by the LA. if the tenant stops paying.

    Person has rent of 1000 euro a month.

    Person is on low income and pays 150 euro a month direct to LL.

    Govt pays the 850 in HAP.

    If tenant stops paying, Govt pays the 850 as usual, but also pays the 150 until the tenant starts to pay again.

    LL free to begin eviction since the tenant is no longer paying, but LL is not out of pocket. therefore, LL is more likley to stat in the rental game.



  • Registered Users Posts: 491 ✭✭SwimClub


    The issue is that the landlord won't evict in that case because they are getting the full rent.

    The only leverage the government has is to stop paying the landlord.

    But the goverenment could of course re-work the HAP and eviction process and have them out in 3 months if they wanted to.

    At the moment they have no motivation to do so.



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


    Yes, just adjust the law slightly to give coverage of the tenants payment to the LL, via the Govt.

    At the moment, if the tenant srops paying the 150, (not a big deal for the LL) the govt stops paying the 850!

    Big deal for the LL!

    The cards are completley stacked against the LL.

    But as you say, simple changes would bring security to the LL.

    Which in turn will reduce the newly homeless rate, since more houses switch back to rental.

    General rental prices come down etc.

    Its such a simple thing to at least ring fence the HAP payment, which is generally far and away rhe majority of the rent anyway. Even if they didnt go the whole way and cover the tenants portion, the HAP gaurantee woukd be enough for the landlord in most cases.



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


    The motivation to do so is to stop the Landlords exiting the market.



  • Registered Users Posts: 491 ✭✭SwimClub


    Part of it is political too, government doesn't want to be evicting the voting public.

    They'd much rather pin it on landlord bogeymen.

    Which the current HAP payment setup allows - outsources the dirty work.



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


    Ireland

    Ireland has built more homes for rent than for sale.

    Living the life



  • Registered Users Posts: 560 ✭✭✭dasa29


    That looks ok but you are missing the fact that all HAP tenants pay at least €30 a week to the LA.

    Tenant pays a rent of €1000

    La Agrees to pay €850 via HAP with Tenant paying €30 a Week or €130 a month as this is their contribution to the rent.

    Tenant pays the Landlord the extra €150 to bring it up to €1000 as top up is allowed with HAP.

    So a Tenant on HAP in this situation has to pay €150(LL) + €130(LA)= €280 out of his Monthly income to the rent.



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


    Thanks & even more reason to guarantee the HAP portion to the LL.

    Even if its only 700 a month.

    At a minimum, the LL is going to be guaranteed 700 and can budget accordingly.

    I'd imagine in a lot of cases, HAP is covering way more than 70% of the Rent. Plenty of Hap payments in Dublin well in excess of 2k a month.

    If we can tweak the rule to ensure the LA pays the full 850. Even better.

    And best of all, if the LA can cover the missing 150 and redeem that money from the non paying tenant at a later date, that would be a full house.

    It isn't right that the govt is using private accom to house social tenants, but then pushing all the risk and hassle of recouping money if the tenant doesnt pay onto the LL.

    And the govt activley stops paying their own HAP contribution, which is the vast majority of the rent, if the tenant stops paying their nominal contribution! WTF??

    LL is not allowed to discrimimate and has to accept HAP tenants, simply because the govt hasn't maintained nor built its own adequate social housing stock.

    The least the govt can do is ring fence payments to the private sector, whilst they get their own house (excuse the pun) in order and build enough social properties to esnure private market does not need to bail out the social welfare market going forward.

    We would see an increase in private LLs I am quite sure, if we introduced these safeguards.

    Then remove the safeguards once the housing crisis is fixed.

    We need private LLs to work with us to fix the crisis, not against us.

    So lets be fair to them. After all, its their assest we are depending on.



  • Registered Users Posts: 287 ✭✭dennis72


    Lls need tenants and vice versa

    But heaping a homeless problem on a a single private sector where other services ie utilities and regs are required or included but not controlled by lls is making supply shrink faster an open dam can empty water

    Try getting through to rtb or electric Ireland lol



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  • Posts: 0 [Deleted User]


    Its the REITs that are driving any new large scale development now, they are probably the only ones with enough financing to attract developers for large scale projects and they only have an interest in providing rentals.

    We are a country preparing for lifetime renting for the majority, hopefully the impending doom results in a balancing of tenants vs landlords rights and makes investments in rental properties more attractive so we don't end up with continually increasing homeless figures.



  • Registered Users Posts: 381 ✭✭bluedex


    Ok boys and girls, time for today's fairytale:

    Once upon a time, in the far away continent of Europeland, there was a nation called GoodButNotPerfect, or GBNP for short. This was a fair and prosperous land, with one the most equal societies in whole wide world. It had a benign, temperate climate, and was safe from most of the natural disasters that befell other nations, like earthquakes, volcano eruptions, life-threatening wildfires and floods. It had a much envied proportional election system for government and a progressive taxation system. It did have a violent and and poverty-ridden recent past, mainly because of their greedy, oppressive neighbour, Great Brainless (GB for short), which it had successfully overcome. All in all, it was one of the best nations in the whole wide world for quality of life. It aspired to someday change it's name from GoodButNotPerfect to AbsolutelyPerfect, something no nation had ever done in the history of the whole world.

    However, it did face some significant problems, like every other nation in the whole wide world. Firstly, there was a shortage of one of the basic essentials, called Units. These Units were expensive items, of various fixed sizes, in a fixed location, but they were a requirement for the people of GBNP to have a happy life. Not everyone could afford to buy one, but there were other options: you could share with your family who owned one or you could rent one from someone. Some people had more than one Unit, they bought a second one as a pension or maybe inherited one from family. A lot of people borrowed money to buy them, from the moneylenders in GBNP. However, GBNP's population increased very quickly in a short space of time, a lot of it due to immigration. This was because it was a prosperous land and people were returning to their homeland or seeking their fortune, but also because of refugees from wars and conflicts in other lands. It was very difficult to produce units quickly enough for everyone, as they were costly and time consuming to make, and subject to a lot of regulation. So, a shortage of Units was the result. It became particularly hard for the people who rented Units to find any, something which we will return to.

    The second problem was a group of people in the nations population called The Freeloaders, who expected the nations government to supply them with everything for free, including Units of their preferred size and location, and to run their lives for them so that they had no personal responsibility. This group also reproduced rapidly, in order to avail of more of the nations generous welfare.

    The third problem was the opposition parties to the nations government were very cunning and cynical in their drive to obtain power. The main opposition party was called So Farcical (SF for short). Whenever there were plans to produce more Units, they objected and prevented them being produced as they knew this would make the problem worse and make more people angry that the government had not solved the problem. They promised that they would do what no-one else in the world could do, and solve the Unit problem immediately and once and for all. They claimed to have a Magical Money Tree that would assist them. The Pea Brained People party (PBP for short) also always objected to everything without having anything sensible to say. These opposition parties were heavily supported by the Freeloaders.

    This tale is about the private citizens of GBNP who owned Units and rented them to people who didn't own any. Most of these owners were good but a small number were bad, and most renters were good but a small number were bad. The bad ones made life extremely difficult and stressful for the other good party, and it was tricky to figure out if you were engaging with a good one or bad one beforehand. The owners who rented paid a large amount of tax every year to the nations government on the revenue they received, sometimes more than their net income, but did so to keep their Unit for sale, or to give to a family member, in future years.

    Due to constant and increasing criticism and pressure from the Freeloaders and the opposition parties, the nations government made some very foolish, short-sighted and ill-advised decisions in their effort to solve the Units rental problem, over a number of years. They forbid the owners to raise the price of the rental, no matter how much the input cost rose, the demand rose or the market developed. They created a special committee, the Ruining Things Brigade (RTB for short) which made it difficult for owners to get their Units back in good condition and made their life more difficult in general. They passed legislation which made the renting process more confusing, more difficult, and gave them and their Units less protection from the bad renters. Finally, they closed down a large part of the Unit rental market by forbidding owners from taking possession of their Units for a long period of time, even if they needed to use them. You ask: in the face of all these overwhelming obstacles, why would the owners not stop renting their Units and sell them to people who wanted to buy them? Well, that is exactly what happened. All the owners sold their Units. The people who had enough money to buy Units were very happy, but the people who didn't have enough money to buy and rented instead were very, very unhappy. Now they had to share a Unit with their family or friends. There was much wailing and gnashing of teeth by the opposition parties and their supporters, the Freeloaders, who complained that there was now no supply of Units for the people who didn't have enough money to buy them. Sensible people tried to point out that this was the result of all the policies that the opposition had insisted on, and the Freeloaders had wanted. In fact SF and PBP and others like them had said they would go even further with these policies, as they didn't believe the owners should have any rights to their Units, they should be made surrender them to the Freeloaders. However, the opposition and the Freeloaders wouldn't listen, they were too busy wailing and moaning and blaming everyone else in the nation of GBNP.

    I wish I could say there was a Happy Every After to this fairytale, but there isn't...


    Now, luckily this is just a fairytale, as obviously nothing this stupid or crazy could happen in the real world inhabited by intelligent humans. So I don't want any comments pointing out things people disagree with, it's not real, it's just a simple story!

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



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


    I have left the market. 90% of the rest of the landlords I know have left or are at this moment leving the market.

    Nothing would get me back into it. I suspect there will be very few new entrants into it either.

    The main reason being that they have moved the goal posts so often over the last decade that you can never be sure if they make it favorable for you now (which they wont anyway, but if they did), that they wouldnt just change the rules again in 6 months or a year and pull the rug from under you, trapping you in an investment you do not want to be in anymore. No, no thanks. Leave it to other, braver mugs, but im out.



  • Registered Users Posts: 491 ✭✭SwimClub


    I'm out too, I'm simply going to give the appropriate notice that current 6 year lease won't roll over next year. You can just give notice that you don't want to roll over the lease with no explanation required.

    I'd be way too worried about entering into a lease of indefinite duration in the current climate. If the government or tenant want to buy it off me they can put an offer via the estate agent like anyone else.



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


    Good luck for future generations having somewhere to rent ever in this country, they will have to wait go away.


    https://m.independent.ie/irish-news/news/landlords-ordered-to-pay-over-30000-for-illegal-evictions-invalid-termination-notices-and-retaining-deposits-42398825.html

    Living the life



  • Registered Users Posts: 632 ✭✭✭squidgainz




  • Registered Users Posts: 753 ✭✭✭dontmindme


    Your proposal is preposterous. You're basically asking for the councils to go guarantor on any HAP tenant.

    Being a landlord is a business - there are no guarantees. A landlord's position is no different whether it's a HAP or a full-paying tenant that decide to stop paying the rent.

    The issue that needs to be addressed is the eviction process.

    The point has already been raised, if landlords are getting paid regardless, what incentive would the landlord or HAP tenant have for rectifying the situation where the tenant has stopped paying their share of the rent, when both tenant and landlord are now on the pig's back.



  • Registered Users Posts: 381 ✭✭bluedex


    Less private landlords = less supply = higher rents and higher homelessness

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



  • Registered Users Posts: 2,118 ✭✭✭StrawbsM


    Cowboy tenants

    https://www.rtb.ie/downloads/determination-order/D.O_._0622-77702_.pdf

    Cowboy landlord or cowboy tenant?

    https://www.rtb.ie/downloads/determination-order/D.O_._0522-77294_.pdf

    Landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0522-77209_.pdf

    Cowboy tenant can pay their arrears over a 104 week period and is still in property

    https://www.rtb.ie/downloads/determination-order/D.O_._0522-77020_.pdf

    Cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0422-76896_.pdf

    Cowboy tenants have 24 months to pay 12 grand back and still in property

    https://www.rtb.ie/downloads/determination-order/D.O_._0422-76710_.pdf

    Cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0422-76615_.pdf

    Cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0422-76600_.pdf

    Found to not be a cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0422-76589_.pdf

    Cowboy tenants 10 months to pay arrears

    https://www.rtb.ie/downloads/determination-order/D.O_._0422-76543_.pdf

    Cowboy tenants. Is this the ones that are crying about being in property 50 years?

    https://www.rtb.ie/downloads/determination-order/D.O_._0322-76361_.pdf

    Cowboy landlord or genuine mistake?

    https://www.rtb.ie/downloads/determination-order/D.O_._0322-76354_.pdf

    Cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0322-76234_.pdf

    Cowboy tenant or just chancing their arm?

    https://www.rtb.ie/downloads/determination-order/D.O_._0322-76209_.pdf

    Cowboy tenant. 16 weekly instalments to clear arrears

    https://www.rtb.ie/downloads/determination-order/D.O_._0322-76033_.pdf

    Cowboy tenant chancing their arm?

    https://www.rtb.ie/downloads/determination-order/D.O_._0222-75624_.pdf

    Cowboy tenant overholding and not paying rent

    https://www.rtb.ie/downloads/determination-order/D.O_._0222-75535_.pdf

    Cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0222-75264_.pdf

    Cowboy landlord

    https://www.rtb.ie/downloads/determination-order/D.O_._0122-75120_.pdf

    And this bad, bad landlord…..

    Apart from the screenshot, all the determination orders were made on 30th September 2022. You will note that when the tenant is the cowboy, they are not fined and they get a payment schedule made out for them. The landlord receives an outright fine.

    The above screenshot will be included in the figures where you were delighted the landlord was fined but the tenant owed over 50 grand AND can have his deposit back when they leave. 😂



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


    The council is obliged to pay under the contract! They agreed to pay the majority of the rent, so pay it, for as long as the tenant is under contract.

    The tenant still owes their share and if they arent paying, they should be evicted and monies recouped.

    But the Landlord would at least recieve the govt part of the rent, so long as the tenant remains in the property and under contract, despite the tenant being in breach of contract.

    its about incentivising landlords to give them protection. They are not on the pigs back, as they are not receiving full rent, since the tenant is no longer paying their way.

    The LL is only receiving the portion of rent that the LA agreed to pay in the first place.

    Just because the tenant stops paying their token contribution doesnt mean the LA has to break the agreement also.

    Given the fact that the private LL has agreed to fill the void left by the govt not building social homes, the least the govt can do is maintain their end of the contract they agreed to.

    Your alternative is to do nothing and leave things as they are?

    Hows that working out for us?

    Oh wait, they are all leaving the rental game and homelessness about to spike to new records. Nice Job.



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