Illegal evictions on the news

gillarosa said:
To put it in context, the news items yesterday was there has been a rise in illegal evictions, not that there has been a rise in LL's illegally evicting tenants who had not paid rent. As we all know there is legal recourse for LL's in the event of non payment of rent and other issues, my understanding is that it was not the sole reason for illegal action taken by these LL's.
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the increase is because the legal route now takes 6month to a year....
 
starlite68 said:
is that all..you make it sound so simple....maybe you should ask people that have had to move at short notice how easy it really is!
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I never said it was easy, and its been addressed now anyway.

Card said:
at lot of difficulties in the past as well and why protection was needed was that whilst landlords considered the properties their houses, the tenants considered them as their home and often landlords failed to recognise this
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I don't think anyone has a problem with that. That was a problem and has been resolved. But the solution has caused a new problem, Where landlords can incur very heavy costs, loss of income, running into tens of thousands. It maybe their only income the loss of which could put them into serious debt.
 
I think onme of the best ways to address the current imbalance is to have a tenant database so that rather than look for references from previous landlords, they can be inputted online. It would be good to have a database to be aware of a tenant that has had abused lease agreements in the past. Maybe the prtb could provide a referencing system that showed up any previous actions taken against tenants or landlords, it might work in a preventative manner.
 
aircobra19 said:
Seems there little to protect a landlord anyway.
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That's very disingenuous.

If the landlord notified the PRTB when he should have, the could have had the tenants out within two or three months. Instead, he/she waited when they should have informed the PRTB and then ended up breaking the law
 
Raskolnikov said:
That's very disingenuous.

If the landlord notified the PRTB when he should have, the could have had the tenants out within two or three months. Instead, he/she waited when they should have informed the PRTB and then ended up breaking the law
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two or three months? Are you serious? You call that 'protection'?
 
Raskolnikov said:
That's very disingenuous.

If the landlord notified the PRTB when he should have, the could have had the tenants out within two or three months. Instead, he/she waited when they should have informed the PRTB and then ended up breaking the law
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Why disingenuous?

Are you talking about a specific case?

I was generalising. If you get a tenant who won't pay and won't leave, and starts damaging the property, its seems to take many months, a year even, to get a legal eviction, even if you do get awarded costs, the tenant might not have the means to pay them anyway, so its a hollow victory. What protection from that is there?
 
jhegarty said:
the increase is because the legal route now takes 6month to a year....
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Well, though its not scientific, their conclusion is that a number of factors caused by the recent downturn is leading to an increase in 'illegal' evictions, such as increased costs to the LL's mortgage prompting them to want to remove tenants and replace them with ones prepared to pay higher rents, increase unemployment meaning people can't meet the rent and so on...

I'm neither renting nor a LL so excuse this if its a stupid question but isn't there eviction processes that don't involve the PRTB? isn't that for redress of one or both parties feel aggrieved?
 
You just give them notice as per RESIDENTIAL TENANCIES ACT.

Currently the landlord is very exposed to very large losses if a tenant won't leave as per the act. As such the landlord is going to be very tempted to do an illegal eviction, especially if any fines, are less than the loss they could expect otherwise. Also they will be very picky about who they'll let to. Look for bigger deposits. So I would imagine both situations will make things more difficult for tenants.
 
gillarosa said:
Well, though its not scientific, their conclusion is that a number of factors caused by the recent downturn is leading to an increase in 'illegal' evictions, such as increased costs to the LL's mortgage prompting them to want to remove tenants and replace them with ones prepared to pay higher rents
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I'd be surprised at that - rents aren't increasing, if anything they're going the other way. There's something like 2 and a half times the number of properties to let on daft compared to 18 months ago. Anyone trying this would soon find this out.

Sounds like more 'quality' RTE 'journalism'.
 
Can there be a legal eviction? Say if you served all your notices in proper form and time, the tenant didn't appeal to PRTB within 28 days - would the eviction be legal then?
 
MrMan said:
I think onme of the best ways to address the current imbalance is to have a tenant database so that rather than look for references from previous landlords, they can be inputted online. It would be good to have a database to be aware of a tenant that has had abused lease agreements in the past. Maybe the prtb could provide a referencing system that showed up any previous actions taken against tenants or landlords, it might work in a preventative manner.
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hmmm also a good idea would be a website where previous tenants could warn prospective tenants away from misbehaving landlords. LLBlacklist.com nice
 
anna_k said:
Can there be a legal eviction? Say if you served all your notices in proper form and time, the tenant didn't appeal to PRTB within 28 days - would the eviction be legal then?
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I doubt it. I don't think any forced eviction (ie, changing locks and removing people and their belongings) is going to be legal without a court order or at least a PRTB directive? I can't imagine it would be in this country.
 
groom said:
hmmm also a good idea would be a website where previous tenants could warn prospective tenants away from misbehaving landlords. LLBlacklist.com nice
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I would have no problem with that either, anything that rewards the good and punishes bad is a good thing.
 
I think the idea of a website that warns about misbehaving tenants or landlords might be abused hugely. It is very easy to slag someone off but without both sides of the story a person looking at this website might only be aware of half of what went on.
 
I think a website of both good and bad landlords and tenants is a good idea.
As a landlord if I have a tenant who decides to not pay rent and destroy the place I can go down the legal route, wait one or two years for a 'determination' from the PRTB, then discover that the 'determination' is worthless (tenant doesn't comply, neither pays nor leaves) PRTB decides it's 'uneconomical' to go to court, forces me to go to court (costs of this plus risk) to get eviction, wait another six months or so.
Or I illegally evict tenant and take the hit of the fine the PRTB will 'determine' on me and I unlike the tenant will be forced to pay.

Not sure really which is the better option but I'd hazzard a guess at number two. As MrMan said previously the PRTB is the tenants debt collection agency and until it works both ways it will be viewed with contempt by landlords.
 
It'd be better for the IPOA to be used as a less formal way for landlords to communicate bad tenants to each other. Sadly many landlords are completely self serving and will happily recommend a nightmare tenant to an unsuspecting LL to offload them.

At the end of the day..use your instincts as best you can and that's all you can do.
 
Raskolnikov said:
In theory, yes. In practice however, it would be a legal minefield.
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I can definitely see the legal issues, but if it could be done through a prtb style official route i.e if you want to be a tenant in Ireland you must register yourself as such and be given a reg number that cannot be changed as it is linked to your ppsn. Landlords can only enter in details of when that tenant lived in their property and it would mean that any landlord could then check online for the tenant reg and know for sure that any reference that they were given was from the real previous landlord, it would also give an idea of the movements of tenants as in if someone moved 5 times in 2 years you would grow suspicious.
 
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