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The eviction ban

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  • Registered Users Posts: 277 ✭✭Guildenstern


    Is not the majority of social housing with the council's, 140k homes, and AHBs, 45k homes?

    Genuine question as I'm not sure how many private landlords are purely meeting the needs of those on HAP for example.

    The only solution is of course to build and build.



  • Registered Users Posts: 4,482 ✭✭✭FishOnABike


    Enforcement is a matter for the courts. According to the linked article in my earlier post, disputes arise in only a very small proportion of tenancies and taking a court action is even rarer. "We have found due to the prohibitive cost the litigation ceases with the issue of the determination order from the RTB with the Tenant vacating the property if they fail in the claim."



  • Registered Users Posts: 18,667 ✭✭✭✭Bass Reeves


    They have never enforced a determination order for a LL AFAIK. They have for tenants

    Slava Ukrainii



  • Registered Users Posts: 4,482 ✭✭✭FishOnABike


    It doesn't ignore legislation. I' ve clearly stated that all businesses are regulated.

    Where a poster has made a specific claim I disagree with e.g. that it is too difficult to serve a valid notice of termination or landlords have no choice in who they rent to or the RTB doesn't do something that is not within their remit, I have countered the claim with a supported counter argument.

    I have not set out to address every piece of regulation or legislation that directly or indirectly concerns the rental market.

    The eviction ban was brought in for sound reasons during CoViD restrictions, but it is over now. The haitus has caused an additional bottleneck in the pre existing housing crisis which has developed over years and years of poor housing policy but the ban was only a small chapter in it.



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    I mis-wrote. I meant of all landlords with social housing tenants. Not all all social housing.

    Of the landlords with social housing tenants the majority of those are small landlords. As they leave the ratio will change.



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  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    You implied thats it's solely the landlords choice. It isn't.

    The reason it isn't because landlords wouldn't take certain tenants, so they changed the legislation.

    They needed to do this so the private rental market would be forced to take the tenants that the govt wouldn't build enough housing for.

    Eviction ban were lobbied for pre COVID. Same with extending tenancies and changing the rules around what's a valid reason to end a tenancy.

    If you are going to change a contract you should do it for new contracts and not force them retroactively on pre existing contacts. People should have an opt out.



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    I'm open to correction. But that's because the legislation empowers the RTB to act against landlords, with fines etc.



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    The point of the RTB is so that disputes don't have to go to court. But it's structured in a way that realistically only the LL will have to go to court to get anything done. Which is prohibitively expensive.

    Basically it's structured so the LL has take all financial costs and risks. Not the govt not the tenant. It's to save the govt money.



  • Registered Users Posts: 18,667 ✭✭✭✭Bass Reeves


    They can make cost findings against tenants as well but the LL is on his own after that.

    Basically the system is loaded against the LL. The RTB insists on full details from a LL. They actually insist on you exact name on you PPSN.

    You cannot put on B Reeves and if Bass Reeves middle name on initial is in his PPSN then that is required and exact address.

    Yet when a tenant raises a dispute the RTB will not take there PPSN before the dispute starts there fore they have no record of the tenant if a similar dispute arises again. Any interaction should require identification and proof of identity.

    Slava Ukrainii



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    Can they fine a tenant?



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  • Registered Users Posts: 4,482 ✭✭✭FishOnABike


    The equal status act has been around for over 20 years - laws against discrimination are nothing new. A landlord still has the choice of tenant, if there are 100 applicants they don't reject 99, they accept 1. The landlord is not forced to accept any specifc tenant.

    Regulations have always been subject to change. If I want to carry out work on my house now I have to do it current regulations, not what was in place when I bought it or when it was originally built. The only thing that is constant is change. My mobile phone provider, broadband provider, TV channel provider can change their offering, terms and conditions, price, etc.... continued use is implicit acceptance of the changed terms and conditions. With mobile phone companies spectrum can be reallocated by the regulator. No business can rely on things not changing.

    The regulations try to balance public and private good, additions such as the need for a statutory declaration have arisen because some sought to circumvent the regulations.The are still ample genuine grounds for serving a notice of termination.

    Post edited by FishOnABike on


  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    Are the requirements and checks to borrow 300k from a bank or a 300k property allowed to be the same?



  • Registered Users Posts: 18,667 ✭✭✭✭Bass Reeves


    No because the minimum deposit on borrowing 300k is 30k on borrowing a property its a months rent which is less than 1% of it value

    Slava Ukrainii



  • Registered Users Posts: 862 ✭✭✭redlough


    They can fine a tenant, they could find them a millions euro, will the tenant pay? No chnace



  • Registered Users Posts: 4,482 ✭✭✭FishOnABike


    The RTB doesn't fine but it has and does make determinations against tenants e.g.

    DR576/2008 - Notice of Termination dated 28 December 2007, is valid. Tenant shall vacate the dwelling Tenant shall pay €15,865 being arrears of rent totalling €10,865 and €5,000 damages for breach of Tenants obligations


    TR188/DR1020/2010 - the Appellant Tenant shall pay the sum of €3,500 to the Respondent Landlord in respect of repairing unauthorised alterations to the dwelling (this is to be off-set against the security deposit of €3,500.00 paid by the Tenants)

    I got these from a quick websearch that pulled up an old post from another site - I haven't specifically looked for recent determinations.



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997




  • Registered Users Posts: 4,482 ✭✭✭FishOnABike


    In what way does it seem discriminatory? The RTB adjudicates and makes a determination which, based on the facts presented before it, may be in favour of the tenant or in favour of the landlord.



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    It will fine LLs but not tenants amongst other things.



  • Registered Users Posts: 4,482 ✭✭✭FishOnABike


    It's technically not a fine but, in case you hadn't noticed, in DR576/2008 above the RTB awarded the landlord €5,000 damages on top of the rent arrears owed.



  • Registered Users Posts: 12,256 ✭✭✭✭Flinty997


    So no fines for tenants.

    How much will it cost a landlord to recover "damages". Where does he go to get them?



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


    I met up with some friends last night. one of them had been waiting over 4 years to get a tenant out who hasnt been paying rent.

    Last night I found out that a couple of weeks ago he had got a final date for the tenant to move out or he can go down the enforcement route. It took him over 4 years to get to that stage. And still the tenant is hanging on, instead of being in jail for the amount of money he owes and holding one to another persons property worth hundreds of thousands of euro.

    No way on earth is there anything right about that situation.

    Anyway while we were all shaking our heads in disbelieve the conversation got on to what happening nowadays and why all landlords are getting out.

    All socialism ends up with the people who are the providers ending up just giving up providing because, well whats the point working hard and earning anything if its going to be taken off you to give to someone who isnt earning it.

    Here we are witht he state basically all but siezing private property that people have worked for to enable othersto have more control over it than the owner. So what you have is the landlords are saying, No, im out, what is the point of me doing all this effort all of my life to be treated like this. And off they go.

    We arent too far away now i think from the tax payers thinking the same. Why am i killing myself working and paying all of this tax just for it to be wasted and given away to non tax payers. I they cant reap any rewards from their effort then they will just get sick of putting in the effort.



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


    Damned right regulations are always subject to change. Rental regulations change every 6 months or so.



  • Registered Users Posts: 901 ✭✭✭Emblematic


    What I don't understand is why the government don't simply research best practices in countries where there is a stable rental market and implement regulations there. I'm thinking of places like Germany, The Netherlands etc.

    In places like the Netherlands, you can't be evicted mid-contract unless obviously you aren't paying rent. This works for landlords too as they they have a clear set of rules and they know where they stand.



  • Registered Users Posts: 18,667 ✭✭✭✭Bass Reeves


    The problem in the Irish rental market is that the government and support groups wanted to change the system immediately which was dependent on small LL. It was the equivalent of trying to do a U-turn with the Titanic.

    They started the U-turn and started to applying sticking plasters where there was an issue. The boat is beginning to take in water and it's an unholy mess.

    We all hear about rental situations in Germany or Italy or Holland. There are institutional rentals. There is 15 year contracts. Most are apartments with management companies managing the general area.

    I am not sure if the LL has to do an electric cert every five years. If the LL has to put window locks on windows even if it's a one bed apartment. Is the LL responsible for smoke alarms, washing machines, cookers, cookers goods, Freezers and a microwave

    After the 15 years the LL will get there property back newly painted either in white and magnolia. Neither will the LL have to spend two days cleaning out the apartment and need a skip for the rubbish.

    Slava Ukrainii



  • Registered Users Posts: 901 ✭✭✭Emblematic


    Some good points there. If the current exodus can be leveraged in order to bring about a more favourable rental environment such as exists in The Netherlands, Germany and some other countries, then at least some small good can result from the current situation.

    It seems to me however, that all the thinking at the government level is simply about reversing the current crisis back to the longer term dysfunctional system we had before. Better than nothing but a shame all the same.



  • Registered Users Posts: 491 ✭✭SwimClub


    I think a lot of this 'other country' stuff is a myth. There are problems in most big cities. Just google Berlin housing crisis, Amsterdam housing crisis etc.

    Renters hear about idyllic conditions with rent freezes etc. abroad and ignore that controls have invariably led to worse conditions for everyone in those markets (except perhaps those on frozen rents and even those have been caught out and charged the difference over a number of years in Berlin after legal challenges).

    It's supply and demand, you'll have plenty of demand for idyllic renting conditions in the cities everyone wants to live in, but the supply on those terms is going to be hard to find. If you make renting terms favorable to tenants only supply will disappear. Some people in situe might benefit from terms that scare off new supply but outside of that everyone else and future renters will all be worse off.



  • Registered Users Posts: 655 ✭✭✭BoxcarWilliam99


    There is no real increase in houses and apartments for sale in daft , my home etc

    This supposed tsunami of evictions because the landlord wants to sell up is a myth



  • Registered Users Posts: 18,667 ✭✭✭✭Bass Reeves


    It will take 6-10 weeks to see any increase. The first of the termination's were the start March.

    Give it a week for the LL to clear out the Rubbish. Another 2-3 weeks to give it a clean, fix an issues and paint it to make it presentable. Then a couple of weeks for to arrange an auctioneer.

    Remember as well not all properties will will come up for sale as owners nay need them for a family member. As well the termination dates for houses held up by the termination ban is spread over 8-10 weeks I think.

    Finally the opposition like to shout and scream about up to 7k families facing eviction. The truth is a bit different. Some of these rental termination were were 2-5 single people were renting a property and the LL had to give each tenant an individual notice to the RTB.

    Slava Ukrainii



  • Registered Users Posts: 2,599 ✭✭✭newmember2


    I wonder can number be ascertained, but with the scarcity in accommodation, I'd imagine any tenant in situ with nowhere to go is going nowhere.



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  • Registered Users Posts: 11,789 ✭✭✭✭BattleCorp


    Lets be real. An awful lot of people who receive eviction notices aren't going anywhere in the short to medium term. They'll overhold, stop paying rent etc. safe in the knowledge that it'll take the landlord two, three or four years to get them out.



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