Sinn Fein: "Overholding is not breaking the law"

[Right Winger]

In a wide ranging article, the Independent reports today on advice being dispensed by SF and orchestrated by Eoin O Broin.

As the eviction ban lifts, tenants aren’t the only ones who fear being shown the door

For some Fianna Fáil TDs, the idea of a winter eviction ban emerged from the parliamentary party think-in in Mullingar, Co Westmeath, last September. At a behind-closed-doors meeting, Pat Doyle, chief executive of homelessness support and advocacy group the Peter McVerry Trust, outlined the case...

www.independent.ie

From the article...

He has done training with Sinn Féin constituency offices to help them advise constituents coming in and to navigate tenancy rights and laws.

“Overholding [when a tenant remains in a property after a valid notice of termination has expired] is not breaking the law, it’s breaking your agreement,” he said by way of example. “We don’t advise people to overhold, but we make it clear they understand the consequences.”

It should be obvious that a rental agreement is a contract, and breach of contract has always been against the (civil) law and courts have the power to enforce contracts and award damages for a breach. But, then again, Sinn Fein and the law....

 

[Brendan Burgess]

Folks

This thread is about overholding and this specific article.

If you want to rant about SF generally, do so in Letting Off Steam.

 

[lff12]

Article is behind a paywall! Are they actually telling people to overhold? The only group definitely doing so from what I've heard is CATU

 

[ClubMan]

Dublin tenant ordered to pay €21,000 to landlord as RTB finds against overholding renters

On April 1st, the Government allowed a temporary moratorium on evictions to lapse

www.irishtimes.com

 

[DannyBoyD]

Dublin tenant ordered to pay €21,000 to landlord as RTB finds against overholding renters

On April 1st, the Government allowed a temporary moratorium on evictions to lapse

www.irishtimes.com

Anyone taking bets on a penny of the money being paid?

 

[Tongzher]

Last line of article says

In all of the cases, the landlords have also been ordered to return security deposits upon the recovery of their properties.

Does this mean if tenant owes the landlord large amounts in arrears the landlord must still return the security deposit.?

 

[Leo]

Last line of article says

In all of the cases, the landlords have also been ordered to return security deposits upon the recovery of their properties.

Does this mean if tenant owes the landlord large amounts in arrears the landlord must still return the security deposit.?

Yes, crazy that a landlord isn't allowed to offset unpaid rent but that's how the RTB operate.

 

[ClubMan]

Yes, crazy that a landlord isn't allowed to offset unpaid rent but that's how the RTB operate.

Have you never watched Judge Judy?

 

[Tongzher]

O.K. Thank you. I might investigate what can be done to change this. I will contact my local T.D. and the Housing Minister.... may be a fools errand. I have some time on my hands at the moment. This does not seem like natural justice

 

[Luternau]

Last line of article says

In all of the cases, the landlords have also been ordered to return security deposits upon the recovery of their properties.

Does this mean if tenant owes the landlord large amounts in arrears the landlord must still return the security deposit.?

Please tell me this can't be how the RTB operate or rule where a tenant has not paint rent.

What is a security deposit for? Answering my own question I would have thought both damage to properly and to cover unpaid rent. Equals (limited) security for the landlord in the case of either.

Bottom line is the deposit should be more than one month. In some European countries its 3 months, That seems a fairer form of security for the owner.