Brendan Burgess
Founder
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many thanks fro taking the time to shine a light on this nonsenseWhat is the point in having a RTB if the tenant can simply ignore the determinations and continue living in the property?
I have no idea what legal fees this landlord has incurred in getting the tenant out and getting a judgement for the arrears.
And he will probably have great difficulty and expense in enforcing the judgement.
The system should be changed so that once the RTB determination is issued and not appealed, the landlord can take possession of the premises and put the tenant out on the street.
The landlord should not have to go to the expense of going to the Circuit Court to get the adjudication enforced.
Brendan
I definitely wouldn't be comfortable would the idea of a landlord evicting a tenant without first obtaining a Court order.
Set up a landlord and tenant court. Both would take it more seriously.
The PRTB seems totally inadequate in dealing with rent arrears - we need a new system that is fair to both tenant and landlord.
Locks were changed usually. Not saying it was incorrect to do this thoughWhat was the situation like before the RTB?
What is the point in having a RTB if the tenant can simply ignore the determinations and continue living in the property?
I know this is an old thread but the situation in this area has definitely not improved - in fact from my experience it's getting worse. The RTB waiting times to get a dispute resolved are getting longer and longer. I'm trying to get a non paying tenant out of my property for nearly a year now and it's all down to RTB delays plus they keep giving the tenant leave to adjourn hearings etc and leave to appeal. It should be the case that if a tenant stops paying rent they should be removed immediately, fined for non-payment, have their credit rating affected (as mine is being affected because of mortgage arrears) and also put on a black list of rogue tenants. Everyone wants to blame landlords for the housing crisis but there are plenty of tenants out there playing the system. Why would any tenant bother paying rent these days as it is virtually impossible for the landlord to remove the tenant - at least for months. Perhaps if every tenant decided to stop paying rent then it would have an knock on affect and the government might sit up and finally take notice as a lot of politicians are landlords - they don't like to be hit in their pockets.
A specific Housing Court is definitely the answer - RTB is not fit for purpose.
I know of cases where the landlord actually paid the tenant's contribution so that he could get the HAP part of the payment in order to pay the mortgage.
What was the situation like before the RTB?
Is the RTB slower or faster than the courts? If we had no RTB, I would imagine that it would be even slower in the current environment where the courts don't like evicting people and making them homeless.
I agree that the system should deal with non payers quickly but is it the RTB that is to blame?
Brendan
I know in parts of Austria when a tenant moves in the deposit is high so there is enough to cover rent not paid equal to the amount of time it takes the local Court in the rented area to make a judgement ,It's faster to go to court. Because all that happened when the RTB arrived was us landlords were forced to to go the RTB first. Then court. Delaying the court instigation. And of course the whole point of the RTB was to do away with going to court which is very costly. The RTB refuse to pay for court cases for landlords to enforce the RTB determination orders against tenants. But they do pay for court the other way around.
So now, thats to the RTB it takes longer and costs more.
Hi Bronte
The case I reported was where a tenant ignored the RTB determination.
But how common is this? I suspect that most tenants accept the RTB determination and vacate the property.
Brendan
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