Tenant Over Holding - Can't afford to keep renting/Can't Sell!!

Forget about the rent increase you are looking to get the tenant out , keep your eye on the ball.
You will have made that back in the past year given the rise in the sales market in general .
Did you not have a hearing yet ?
 
NoRegretsCoyote said:
But something like “Find a place in the next three months and we’ll pay your deposit and two months rent upfront” might get the tenant looking extra hard.
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That could be quite a material sum, particularly given the fact that it wouldn’t be tax deductible.

And from the tenant’s perspective, it still might not be sufficient incentive to move if the rent is way below market.
 
Queen St Bribie said:
We are now one year exactly since lodging with the RTB and each time we call to seek any form of feedback we get advised "there is no feedback just keep waiting"
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Something's gone wrong there. There are over holding cases are coming up for hearing after about 4 - 5 months at the moment. You need to escalate. Email, call, send a registered letter, etc etc.
 
Sarenco said:
I wonder would that strategy work in the current environment?

The rental market is so gummed up because of the RPZ madness that a tenant may have literally nowhere else to go - at pretty much any price.
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Totally agree with this fact, the frustrating piece is the overholding tenant may have found some where to go when his notice was actually up.
 
Right Winger said:
Something's gone wrong there. There are over holding cases are coming up for hearing after about 4 - 5 months at the moment. You need to escalate. Email, call, send a registered letter, etc etc.
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thanks, just checked we received written email confirmation that it was all received ok, in June. Lodged in April. We will send another email and a written registered copy y post, also summarizing every phone call made to them.
 
Hi Can I ask the following specific questions:

1. Any posters have any other info on actual overholding situations and how long it took to get to the RTB adjudication hearing ?

2. If a bank takes over a property from the former owner, what process does the bank need to go to remove a tenant thats in situ at time of foreclosure ?

Rent wont be payable to the bank as the lease is either renewed with the bank, or non existent ?

Ultimately is this also a good outcome for a tenant to buy more time in situ ?
 
Queen St Bribie said:
2. If a bank takes over a property from the former owner, what process does the bank need to go to remove a tenant thats in situ at time of foreclosure ?
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I know that if a receiver takes over a property then rent becomes payable to the receiver. A friend of mine about ten years ago was paying rent to PWC. AFAIK that was a developer or large institutional landlord and not a private individual though.

A bank reposessesing a property from a private landlord for non-payment of rent is a slow and protracted process. You can't just hand the keys back to the bank and you are expected to maximise the return from the property (specifically rent) during the process.
 
1. Any posters have any other info on actual overholding situations and how long it took to get to the RTB adjudication hearing ?
Here's my experience

Some timeline information
Sept 2019. Notice of termination
May 2020 notice expires
Covid delays
Jan 2021 apply for Adjudication
Apr 2021 virtual hearing
May 2021 Determination issued
June 21 days to vacate
More delays
Sept 2021 apply to District court
Feb 2022 Court order
 
Have me hanging in suspense....so whats happened after Feb 22 ? Are they now out ?

cheers for reply.
 
mikeyny said:
Yes they did leave , the court gave 21 days and out he went The house has been redecorated, Marketed and sold .
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The tenant did not show up for the District court hearing and left me on the hook for the expenses . It is a win as far as I am concerned. I could take a judgment out but my lawyer said theres no point .
 
Imagine if the government allowed for rents that are substantially below market rents and in RPZ zones to be increased but that increase must se the rent at least 20% below similar properties and 90 days advance notice.

LLs who are stuck with very low rents would get decent increase and year on year further increases.

Tenant, whilst paying more, will still be below market and would not need to search for a new property.


If only common sense could be brought to the table.
 
mikeyny said:
The tenant did not show up for the District court hearing and left me on the hook for the expenses . It is a win as far as I am concerned. I could take a judgment out but my lawyer said theres no point .
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That is so wrong. Lawyer say not worth going after the tenant. It has to be changed that even if the tenant is on benefit/social welfare they should have funds deducted at source.
We were told the same. So easy for tenants to walk away with out paying or causing damage.
 
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