IPOA being cowardly again.
Commenting on the case where the landlord had to compensate €10,000 the neighbour who was bullied by his tenant, they say
The IPOA Code of Practice and Ethics specifically requires members to:
Have policies and procedures for dealing with disputes between tenants and neighbours
Investigate written complaints and, where necessary, enforce the conditions of occupancy
Keep proper records
Respond promptly to reasonable requests
Monitor what happens when a Notice of Termination has been served
Investigate immediately where a tenant fails to leave on the required date and take appropriate action
So Joe the retired plumber renting out one small house should have a detailed written policy and set of procedures in place in case his tenant picks a fight with the neighbour or vice versa and start accusing each other of anti-social behaviour.
The real question they should be asking is how a small landlord is supposed to deal with accusations of anti-social behaviour from his tenant when his hands are tied behind his back because:
1. If he incorrectly accuses the tenant or wrongly tries to evict him, he'll have to compensate the tenant
2. If he believes his tenant's version of events (which may be correct), he may still end up having to compensate the neighbour
The small landlord doesn't have a plethora of staff to investigate the incidents, access to CCTV footage, expensive solicitors on call etc. like an AHB has and AHBs still struggle with these issues.
I really like 'investigate written complaints' - how does the small landlord to this? The tenants says one thing and the neighbour says the complete opposite. Also 'enforce the conditions of occupancy' - the RTB and the rules actively prevent you from doing this.
'Monitor what happens when a Notice of Termination has been served' - how do you do this, park your car outside the house and spy on the tenant? You'd be in trouble for that as well.
'Investigate immediately where a tenant fails to leave on the required date and take appropriate action' - all that'll happen here is you'll spot the tenant hasn't left and it is off to the courts for an enforcement order which will take months.
Instead of arguing the landlords' side and the difficulties small landlords face in these situations, you get this advice which give the impression it is all fault of a landlord in a situation like this and there are a number of simple and effective steps he could take.