How long after eviction date has lapsed can you raise a case with RTB

Colin4444 said:
And you call me amateurish, if a solicitor cant even get it right what hope does the small landlord have.. and then you had to follow a convoluted rigmarole to ensure your NoT was valid... Who is going to know they have to do this unless they read this site....
Even if I had everything perfect from day 1, it could still drag out for years... can you not see how disheartening this is..
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Yep and that solicitors' sibling was a landlord with tenants who didn't pay rent for 3 years and left the place in a state.

The difference in my case is my sibling and I double checked everything and I took advice on exactly what to do from the IPOA. I got my tenants out and sold property. No tenant took any of us to the RTB, the only cases were the ones we took ourselves. We also personally served the notices and got the tenants to sign them.

Currently I'm mulling over taking a new case against myself. My new tenancies are Market Rent - I do not want to be 7 years from now facing a tenant complaining my rent was incorrect from the get go. For the time being I'll let this lie, as I'm still gathering info on the new legislations. It was clear as day to me the other day that the RTB are waiting for actual cases, so once I see how those go I'll make my decision then.

On here I at least get to speak and discuss with other landlords. Many are on this thread trying to help and advise you. There's no point moaning if you're not bothered to try and get it done right that's on you. And yes I completely get how disheartening it is. That's why at my age I've now to be an unbelievable strict landlord who will go by the book on everything. From now on there will be annual rent increases, everything in writing, no to everything, tenant pays everything. I've never increased rent on a sitting tenant. Let them add whatever they wanted, holes, construction painting. No is my response from now on. Didn't care if they served me notice to leave, deposit back always...... All that is over.

The biggest shock to me is the 2019 backdating by the RTB, this is very serious indeed.
 
Bronte said:
Well if you don't care it doesn't matter does it.
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Im confused now, does what matter?
Ultimately I want the house sold, if the process, that could take up to 2 years, takes an additional 3 months well what difference does that make in the grand scheme of things?
 
Bronte said:
Many are on this thread trying to help and advise you
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In a very condescending tone, which is not very helpful
Bronte said:
There's no point moaning if you're not bothered to try and get it done right that's on you.
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What moaning, ive already taken advise in post number 4 saying I wont wait and am going to discuss with tenant at the end of this month..

I only asked 2 questions:
1. To wait 3 months after eviction date to make complaint to RTB about tenants overholding
Ive already said I wont do this

2. And how to go about making complaint
Which is not as easy as you and others have implied.. It took a while, with multiple searches to find what I hope is correct, as who knows when it comes to the RTB?
I only asked, as everything is so confusing I wanted to make sure I was following the correct path..
 
JamieB_ said:
Dont sweat it. Nobody here knows the correct thing to be doing. Even the RTB dont know, nor solicitors with decades of experience, or the minister or the Taoiseach. Thats why all the posts for months and months. Just when you think you know what the rules are, a new interpretation of them appears in the thread. Its just not possible to keep up with them. And anybody sure of them wouldnt be posting in here in the first place arguing them. They would know exactly what they are. We are all in the same boat. Just some of us are selling the boat and others choose to keep bailing the water out as rules change, traps are set :)
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Thanks, just simply trying to get advise, suppose tempers will rise as its such a hot subject and nobody really knows, will take the condescension with a grain of salt :)
 
Bronte said:
If your notices is in any way incorrect it means you have to start again. You're right back at square one. It's a bit like snakes and ladders, 5 steps up and 3 steps down .....
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Just wait until landlords are trying to evict at year 6. If you mess up that one, a very angry tenant will be in situ for another 6 years.
 
Bronte said:
The biggest shock to me is the 2019 backdating by the RTB, this is very serious indeed.
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Yes, indeed and presumably a 6 year look back into the future as well, so in 2033 they may be in investigating your rent setting in 2027.

The real problem is the further back in time it is, the more difficult it is to justify, less information is available, harder to establish the condition of the property, there is hindsight bias etc. And the RTB don't have to prove you set the wrong rent, the work is on you, you as a landlord must prove that your rent was correct.
 
Bronte said:
We got a solicitor to draft ours and it was wrong the first time.
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As a matter of interest, did you have any comeback with solicitor on this, as I have done the same.. paid for professional to issue NoT in accordance with law?
 
Bronte said:
That's why at my age I've now to be an unbelievable strict landlord who will go by the book on everything. From now on there will be annual rent increases, everything in writing, no to everything, tenant pays everything. I've never increased rent on a sitting tenant. Let them add whatever they wanted, holes, construction painting. No is my response from now on. Didn't care if they served me notice to leave, deposit back always...... All that is over.
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Very sad state of affairs, terrible that it has come to this...

I have a very good relationship with my tenants, always have.. and I genuinely believe they are trying to buy house, they have provided several updates on the process over the past few months.... Its the state of the country that if it falls through they will have no choice but to stay, whether I have issued the NoT correctly or not, make case with RTB etc... even if I have done all 100% there is still no guarantee that the tenants will go, as the process can take years and who knows what else could be in place during that time?

Bronte said:
There's no point moaning if you're not bothered to try and get it done right that's on you
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So in fairness its not all on me.. the government has made sure of that...
 
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Greenbook said:
Just wait until landlords are trying to evict at year 6. If you mess up that one, a very angry tenant will be in situ for another 6 years.
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Or if you messed anything up at any time in the 6 years, you wont even know you did until it comes back to kick you in 6 years time.
 
Bronte said:
taking a new case against myself
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I'm interested to know how you might go about this; I agree with you that I'd want to know my rent (particularly for a new rental) is copperfastened.

You'd have to do this before you handed over the keys however.
 
Colin4444 said:
Please share, would it be possible your more familiar with the website than me? Ive never had the need so far to use it, other than registering tenancy..

Even if I search the site I get:
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Google/Gemini gives me this to the search/query "complain to rtb about overholding tenant":
To resolve an overholding tenant, landlords must apply for dispute resolution through the Residential Tenancies Board (RTB). The RTB Compliance and Enforcement team handles specific legislative breaches, but landlord complaints about overholding must go through the formal dispute resolution service. [1, 2, 3]
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And one of the links is this:


And this is the dispute resolution page on the RTB site:
rtb.ie

Disputes - Residential Tenancies Board

rtb.ie rtb.ie
 
Bronte said:
Currently I'm mulling over taking a new case against myself. My new tenancies are Market Rent - I do not want to be 7 years from now facing a tenant complaining my rent was incorrect from the get go.
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What would you do if they rule against you? I guess at least you will know the actual rent and won't be overpaying taxes.

You could try for a no-fault eviction, in principle. I wonder if the RTB would rule against you even if it was technically allowed, since the tenant could claim it was retaliation for the rent setting ruling.
 
LarryScott said:
What would you do if they rule against you? I guess at least you will know the actual rent and won't be overpaying taxes.

You could try for a no-fault eviction, in principle. I wonder if the RTB would rule against you even if it was technically allowed, since the tenant could claim it was retaliation for the rent setting ruling.
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I bet its not long now before they ban you taking a case against yourself too. They want to cut off all avenues of argument against them.
 
JamieB_ said:
I bet its not long now before they ban you taking a case against yourself too. They want to cut off all avenues of argument against them.
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Yes, that would not surprise me at all.

You could I assume still report yourself via the Report Your Landlord Form, ask them to investigate your behaviour and give you the all clear;)
 
Greenbook said:
You could I assume still report yourself via the Report Your Landlord Form, ask them to investigate your behaviour and give you the all clear;)
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Yopu will probably have to have proof that you are the registered tenant at the address to be able to lodge a complaint. But then that would stop unregistered tenants ever lodging complaints too if they did that. They will probably punish you for not registering yourself as the tenant then :)
 
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