Landlord Tenant RTB

Judge will most likely rule in your favour. But will give tenants some time to move. Probably 4-6 weeks.

If they don't obey the court it can be regarded as contempt and they could find themselves with a home in mountjoy.

Judge will probably also make an order for arrears.

DONT change the locks whatever you do. That is the most idiotic idea ever suggested when you already appear to be winning, my only take on this is the person who advised this doesn't have a clue wtf they are talking about OR is actually anti-landlord and hoping to throw a spanner in the works for you,because it is just plain dumb, especially as they suggest themselves it may not be legal, it IS NOT and will land you in trouble and I'm sure the charter in many forums doesn't allow giving advice that is illegal. They cover themselves by suggesting it might not be legal, and point to Citizens advice and suggest you can change locks, which the information they provide says nothing of the sort.

This is the problem with being a landlord, as much if not more than anything else is the inability to make people pay, pay arrears, pay for damage and then failing all that, to get them out. All the responsibility (and financial burden) is placed on the landlord while the system drags on and keeps someone in a rented property while the State/CCs fail to house people. Even if there are genuinely legitimate reasons imo if the State wants to permit people to stay in a property where they cannot or wont pay, then the State should then pay the rent by getting the tenants on HAP and possibly treat them as if they are bankrupt and make them a Ward of the State financially (whatever's involved in that) and appoint someone who deals with insolvency to deal with their finances.

IMO, non payment that may last many months but more likely years, completely writes off the viability of renting out a property. There should be a laid down time limit and it should deal with different circumstances. IE non payment and a refusal to engage with the landlord or an appropriate body, fast track to eviction by month 3 and resolved or evicted by month 4. That gives the State ample time to deal with genuine problems and set up HAP

Citizens information that you linked to clearly state you can change the locks if renting a room in the landlords home (licensee).

OP states it is a tenant and the RTB are involved so not a licensee, throw away the shovel as you are obviously wrong and very foolish for suggesting it in the first place.

Maybe, MAYBE ask a solicitor, but is there anything stopping you changing the locks while the tenants are in Court, well aside from the law, maybe just suggest he sneak around while they are out at the shops? not as in the face of the law as doing it while they are in Court.

IT is not on Citizens Information about changing locks, I didnt think so but I checked your link, can you highlight where CI says a landlord can change locks.

It does say

"If your landlord locks you out or physically evicts you, you may be able to apply for an injunction to force them to let you back into the property, or you may apply to the RTB to do so on your behalf."

I take it back, calling your idiotic comments out like I did based on your ill informed interpretation just makes me look bad. I dont think it is nice to insult people, but your advice could land the OP or anyone who thought that was their only option with a very large fine and possibly worse, if you admit your advice is appalling and you don't know what you are talking about, I'll retract my comments, but so far you have denied you even gave this advice.

OP Do NOT take this persons advice, you'll end up with a fine of 10s of thousands of euro

I don't agree with fnes, especially if a tenant is in breach themselves, or owes money, but the worst tenant is very likely to play such a situation to their advantage, not only not pay rent, arrears, for damage, but then get a nice payment and very likely be allowed back in the property to continue. I have read a few for around the 5-7k mark, but I recal reading for much more.

https://www.rtb.ie/registration-and-compliance/ending-a-tenancy/how-a-landlord-can-end-a-tenancy

Tenants can apply for Dispute Resolution with the RTB if their previous rented accommodation is now re-let and not offered back as outlined above. A landlord could face damages of up to €20,000 to a tenant for breaches of their obligations or depriving him/her of the rented property A determination could also be made that the tenant be allowed to resume possession of the property.

https://www.independent.ie/videos/i-couldnt-go-home-to-say-goodbye-to-my-father-tenant-illegally-evicted-from-home-takes-court-action/a1099536288.html

Its impossible to know what fines people paid etc. RTB seem to make it very hard to find and collate that information. I assume because they want people to follow the process. Perhaps the data would influence people to do certain things. Like leave the market even faster than they currently are.

He hasn't been summonsed. He has been notified of the hearing if he wants to make representations. . You will have to proved he was served . If he is not there the hearing will go ahead in his absence.

Exactly.

Non appearance effectively means no defence entered and you win the case.

It's a civil case, so no bench warrant or anything like that.

He may send a solicitor and solicitor will claim illness or something like that. So if you have anything on text / WhatsApp, take a screenshot and print off 3 copies

No I don't think he can appeal, especially if the judge sees you've done everything above board and it's putting you under financial pressure. I was asked about mortgage repayments, bills etc. The tenant will probably be given the time to leave, but I think if he's a no show, have your legal team prepared to start the sheriff route.

Good luck

The tenant can still appeal even if he doesn't show up. The appeal is a fresh hearing so you will have to prove your case all over again.