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

gipimann said:
Would it be possible to put it on the market as a tenanted property (with a view to selling to another landlord)? Price might not be as keen as an empty property, but you never know.
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Good question, to understand this more, does anyone know can the new landlord increase rent ? The old lease will be extinguished one way or another and certainly once I dont own the property there can no longer be any lease or protracted dispute with me, the tenant in the RTB0 so perhaps its much easier for a fresh owner to have some joy.

Im not sure what investor would take this on but the potential rent is very good, so yes would be good to understand more in this scenario.

cheers for the note
 
If a landlord buys it they are stuck with the same Rpz rules unless they leave the property empty for 2 years.

And without vacant possession, it would have to be a cash buyer. They wouldn't lend on a mortgage with vacant possession
 
Th market value is the price set between a willing seller and a willing buyer - it is always right
 
jpd said:
Th market value is the price set between a willing seller and a willing buyer - it is always right
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In this case the sale is restricted to a very small portion of the house buying market, and so can not be considered representative.
 
Queen St Bribie said:
Totally agree, that was our plan in April, when his 9 months of notice lapsed, we had planned our exit a long way out, and did everything by the book. He is still there and we have not even had a peep from RTB, we have not engaged with him in any way since the RTB dispute was lodged for caution of this being used against us in the process.
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we are not far off that TBH, we have no faith now in the system, and there is absolutely no visibility of time frames from the RTB, we ring up fortnightly to be told the same thing, just wait, and there is no firm feedback or update, its very tempting to just do what you have said, and flip the broken system back on the tenant
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It's possible he could have plans made already or intentions to move. You say you haven't spoken to him in what, nearly 18 months? Just ask him what his plans are.

The system is broken, as you say. It's about working around it as much as you can. Punishing people whose fault it isn't is not the way to go.
 
Brendan Burgess said:
No one wants to buy an investment property with a below market rent and an overholding tenant which they could not get rid of.

Brendan
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100% Agreed.

wondering said:
It's possible he could have plans made already or intentions to move. You say you haven't spoken to him in what, nearly 18 months? Just ask him what his plans are.

The system is broken, as you say. It's about working around it as much as you can. Punishing people whose fault it isn't is not the way to go.
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We spoke to him in May, he has no intentions other than staying until he can stay no longer and even then how do we physically get him out.

It is entirely his fault he had more than reasonable time, but he is milking the system quite deliberately as it totally suits him.
 
Queen St Bribie said:
We spoke to him in May, he has no intentions other than staying until he can stay no longer and even then how do we physically get him out.

It is entirely his fault he had more than reasonable time, but he is milking the system quite deliberately as it totally suits him.
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If he's been there 15 years then 9 months is actually not a lot of notice. It would be minimal in a system functioning correctly where there is an option to move. In the present system with nothing available, it's fairly meaningless.

People don't want to live in reality and the fact is that reality means people are stuck, unless someone gets into power who is able to make a long-term decision.
but he is milking the system quite deliberately as it totally suits him.
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How is he doing that exactly?

Everyone tries to work with the system and the options available to them. He's not doing anything wrong is he?
 
wondering said:
If he's been there 15 years then 9 months is actually not a lot of notice. It would be minimal in a system functioning correctly where there is an option to move. In the present system with nothing available, it's fairly meaningless.

People don't want to live in reality and the fact is that reality means people are stuck, unless someone gets into power who is able to make a long-term decision.

How is he doing that exactly?

Everyone tries to work with the system and the options available to them. He's not doing anything wrong is he?
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How is he milking the system ? he is past legal notice. He is relying on the back log in the system to buy him all the time until eventually he has to move on, with absolutely no intention nor effort to move on. As a result every month he holds on he continues to take advantage of a good rental position for him and the convenience of not bothering to look for a place or moving.

Yes he is doing something wrong, he is in breach of a lease.

Working within the system is accepting legal notice and moving on, milking is overholding and relying on the on the broken systems delay in enforcement, causing financial loss to others and back logging the system where there are definitely more worthy candidates seeking protection or help in genuine circumstances.
 
Queen St Bribie said:
How is he milking the system ? he is past legal notice. He is relying on the back log in the system to buy him all the time until eventually he has to move on, with absolutely no intention nor effort to move on. As a result every month he holds on he continues to take advantage of a good rental position for him and the convenience of not bothering to look for a place or moving.

Yes he is doing something wrong, he is in breach of a lease.

Working within the system is accepting legal notice and moving on, milking is overholding and relying on the on the broken systems delay in enforcement, causing financial loss to others and back logging the system where there are definitely more worthy candidates seeking protection or help in genuine circumstances.
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He’s not remotely unique in doing this, a righteous position has not been any benefit to a landlord in these situations in many a year
 
galway_blow_in said:
He’s not remotely unique in doing this, a righteous position has not been any benefit to a landlord in these situations in many a year
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Im not sure the RTB are going to be taking into account any righteous positions, merely assessing the facts of the matter, not sure why so many people seem to want to go way off topic.

Im not here for any moral or political discussions, if you have anything else on the topic to bring to the table glad to hear it, but a fact based discussion is all im seeking.

Its a simple enough issue technically, and ultimately there has been some great feedback and its more or less just wait it out. I tend to agree, im not going to try bribe him out, and watch that blow up in our face.
 
Queen St Bribie said:
How is he milking the system ? he is past legal notice. He is relying on the back log in the system to buy him all the time until eventually he has to move on, with absolutely no intention nor effort to move on. As a result every month he holds on he continues to take advantage of a good rental position for him and the convenience of not bothering to look for a place or moving.

Yes he is doing something wrong, he is in breach of a lease.

Working within the system is accepting legal notice and moving on, milking is overholding and relying on the on the broken systems delay in enforcement, causing financial loss to others and back logging the system where there are definitely more worthy candidates seeking protection or help in genuine circumstances.
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Again, you're not living in reality. There is nothing "convenient" about having a cloud of eviction hanging over you with no places to move to.

I don't condone overholding as I said, but if he's a decent enough tenant then there should be some latitude to accept that the system is broken - for everyone, not just you - and work within it.
 
Queen St Bribie said:
Im not sure the RTB are going to be taking into account any righteous positions, merely assessing the facts of the matter, not sure why so many people seem to want to go way off topic.

Im not here for any moral or political discussions, if you have anything else on the topic to bring to the table glad to hear it, but a fact based discussion is all im seeking.

Its a simple enough issue technically, and ultimately there has been some great feedback and its more or less just wait it out. I tend to agree, im not going to try bribe him out, and watch that blow up in our face.
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You are in the right here by any reasonable assessment but the crux of the matter is that is not worth a hill of beans in Ireland in 2022
 
wondering said:
Again, you're not living in reality. There is nothing "convenient" about having a cloud of eviction hanging over you with no places to move to.

I don't condone overholding as I said, but if he's a decent enough tenant then there should be some latitude to accept that the system is broken - for everyone, not just you - and work within it.
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Yes thanks we agree, we are working "within it", my very note you have quoted made it clear, I will just have to wait out the process, and not try alternative methods to remove him.
 
Does the tenant satisfy the requirements to place himself on the local housing list? because if he does, you can approach the local authority and give them an option to buy it.
 
You just have to continue to do what you are doing . I have been in your position .

Below is an example of a hearing on overholding


Have you taken the necessary steps to prove that you will sell ? The above example gives 3 months currently its 9 months .

You can’t control the actions of the tenant but you can make sure all your paperwork is in order .
 
mikeyny said:
You just have to continue to do what you are doing . I have been in your position .

Below is an example of a hearing on overholding


Have you taken the necessary steps to prove that you will sell ? The above example gives 3 months currently its 9 months .

You can’t control the actions of the tenant but you can make sure all your paperwork is in order .
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thanks for this, we commenced advertising, had agents in to view the apartment and even started planning to repaint to make ready for viewings. It soon became apparent that the tenant was going to overhold and we agreed with all agents advice that so long as the tenant is overholding, we will not be in a position to receive and accept offers. This has proven to be correct as the teant i still in situ...6months since the OP above.

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"

I note the example you provided was from a few years earlier than ours, and seems to have been resolved in 3 months !!
One thing I noted is the 119 day a statutory period to vacate once the determination is made to vacate?

Also the Chairperson offered the parties to negotiate, is this to say we could negotiate a higher rent ?
 
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