Homeowner can't move back into her home because of eviction ban

[T McGibney]

Well, if we're all supposed to just imagine what might have happened and dream up things with no bases in fact then it's a bit of a pointless discussion.

Or we can alternatively treat as Gospel every word we read in a newspaper.

That assumes letting agents are more competent; in my experience they are not.

There are good ones, they usually cost a little more.

Only a very expensive or very foolish one will provide an indemnity for losses incurred on foot of defective wording of an eviction notice.

The smarter ones will tell their clients "IANAL".

 

[Purple]

Only a very expensive or very foolish one will provide an indemnity for losses incurred on foot of defective wording of an eviction notice.

The smarter ones will tell their clients "IANAL".

I'm not suggesting that they will indemnify their customers but they should be familiar with RTB regulations etc. and have templates for notices of termination of a tenancy. That's the route I used when evicting a bad tenant when I was a landlord.

 

[T McGibney]

I'm not suggesting that they will indemnify their customers but they should be familiar with RTB regulations etc. and have templates for notices of termination of a tenancy.

I can only repeat: in the current environment, the smarter ones will tell their clients "IANAL".

That's the route I used when evicting a bad tenant when I was a landlord.

Things have gotten rather riskier in the meantime.

 

[AlbacoreA]

No matter how good the agent they can't always second guess the Govt crazy decisions.

From experience there are very few good agents.

 

[AlbacoreA]

Well, if we're all supposed to just imagine what might have happened and dream up things with no bases in fact then it's a bit of a pointless discussion.

With experience its the most likely thing to have happened.

 

[blanketyblank]

A person who let out their home for A YEAR to people who knew they were getting it for a year should be able to take back her home after A YEAR without all the hassle.

 

[Purple]

Things have gotten rather riskier in the meantime.

Very true.

 

[AlbacoreA]

A person who let out their home for A YEAR to people who knew they were getting it for a year should be able to take back her home after A YEAR without all the hassle.

Not any more.

 

[Silversurfer]

That leads me to wonder whether a cunning tenant (possibly advised by one of Ireland's wonderful tenants rights' "charities") had waited until the last day of the eviction notice before informing her that the notice was invalid. But perhaps I'm being too cynical in the "Season of Goodwill".

Maybe we should consider our charitable donations this Christmas too?
With the new ‘recognition payment’ now €800 per month. This now sets a minimum rent of €800 and explains why the eviction moratorium included students.

 

[Purple]

Maybe we should consider our charitable donations this Christmas too?
With the new ‘recognition payment’ now €800 per month. This now sets a minimum rent of €800 and explains why the eviction moratorium included students.

I never give money to charities that are involved in the homelessness industry.

 

[Mocame]

I don't know how many people rent out their homes each year because they temporarily move abroad for work or study, but I guess it is a couple of thousands. I have friends and acquaintances who are academics, medics and diplomats who have all rented out their homes for between one and four years when travelling for instance. I have mentioned in a previous thread that a relative rented out her home when she moved in with her terminally ill mother to provide care and company. People in this situation will have to think very carefully before renting out their homes in future, many will decide not to and the availability of properties to rent will shrink as a result. Does this obvious risk not strike any of the critics the unfortunate women whose story has been covered in the Irish Times?

 

[Harvard]

A classic case of wanting her cake and eating it.

 

[Sarenco]

A classic case of wanting her cake and eating it.

How so?

 

[KOW]

A classic case of wanting her cake and eating it.

What?

 

[losttheplot]

A classic case of wanting her cake and eating it.

Never understood this saying. If you have a cake what are you supposed to do with it? They're made to be eaten.

 

[Brendan Burgess]

Never understood this saying. If you have a cake what are you supposed to do with it? They're made to be eaten.

I used to be confused by it as well. But I think what it means is that you want to eat the cake but still have it.

 

[NoRegretsCoyote]

I listened back to the Clare Byrne interview with the landlord in question. First off she was not your usual guest and was clearly nervous and not used to the style of interview.

I struggled to fully understand what happened but it seems she did make efforts to have a valid termination of tenancy issued in July including getting it witnessed legally in Dubai. It appears something wasn't right in the notice of termination and she only discovered this in October (4 months after tenants received it). She then had to re-issue. But by then she was caught by the "winter emergency" ban so it can't take effect until April 1 of next year.

She is looking to rent herself now but the market is gummed up of course and she is living with relatives.

She said that she legitimately struggled to understand tenancy law and for the last notice of termination had taken legal advice to avoid the same mistake again.

There are different ways of looking at this. On the one hand she was running a business and failed to understand how the law applied to said business. On the other hand she is someone who let their own home and made a reasonable assumption that (with notice) she'd be able to live in it again.

I feel sorry for her and tenants in equal measure. There are simply not enough dwellings in the rental market and that's something that is the government's job to fix, not a random landlord's.

 

[Groucho]

I have no particular sympathy for a tenant/tenants who, for 4 months knew that she wanted them out (and may also have known that she was coming back to Ireland) and also knew that the notice to quit was invalid. They screwed her royally.

There are many adjectives that would accurately describe such people, but none of them can be posted here.

 

[Harvard]

How so?

What?

Have a listen to the CB interview. She expects the law to be changed to suit her and admits she followed online advice when issuing the first termination notice. The whiff of entitlement is something else considers herself an accidental LL despite making a conscious decision to let her sole property. Even when a LL follows tenancy law to the letter there is a certain element of risk involved when letting a property which is essentially something they sign up for in my view. Between tennants refusing to leave or returning a property in an uninhabited state it's not a transaction that is risk free. The risk is obviously much greater when a person let's their only property. Its not up to society to bend the rules to suit individuals that make reckless decisions as happened here.

 

[Mocame]

Have a listen to the CB interview. She expects the law to be changed to suit her and admits she followed online advice when issuing the first termination notice. The whiff of entitlement is something else considers herself an accidental LL despite making a conscious decision to let her sole property. Even when a LL follows tenancy law to the letter there is a certain element of risk involved when letting a property which is essentially something they sign up for in my view. Between tennants refusing to leave or returning a property in an uninhabited state it's not a transaction that is risk free. The risk is obviously much greater when a person let's their only property. Its not up to society to bend the rules to suit individuals that make reckless decisions as happened here.

Renting out a house is a reckless decision? Bizarre as your view is it is probably correct in the context of the Ireland of today.