Taoiseach: "Possible ban on evictions during energy crisis"

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Also, the eviction numbers don't tell the full story. Many landlords sell when the tenant leaves of their own accord because they bought, are moving home etc. This doesn't show up in the official eviction numbers at all so the number of landlords leaving is far higher
 
It would show up in the end of tenancy for the rtb. Then unregistering the property. But that would require all these various bodies to align their data. Instead we are left to join the dots.
 
wondering said:
Leo, You should note that I've been quoted plenty of times in the thread, 8 pages long now and no issue.

If anyone wants clarification on the point that Leo finds difficult, feel free to ask.
(It's fairly self-evident though I think).
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If you could just clarify what power you think a landlord derives from having a set of keys to a rented property.....
 
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AlbacoreA said:
It would show up in the end of tenancy for the rtb. Then unregistering the property. But that would require all these various bodies to align their data. Instead we are left to join the dots.
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I think this is why annual registration was brought in. The RTB numbers aren't accurate at all. Landlords sell up but don't tell the RTB so the registration stays there or a property is let to a new tenant and the old registration is not cancelled. RTB information is now out of date (only up to 2020). I suspect that annual registration is revealing that the landlord and tenancy numbers are way down but we are not being told. As you say, we're left to try to join the dots outselves!
 
I'm in favour of landlords being able to evict tenants for non payment of rent. That means the Gardai dragging them out the door if necessary. I think 3 months arrears should be enough to allow this to happen.
Here's the contentious but though; I think the same should apply to people who don't pay their mortgage.

Morally and ethically I don't see any difference between the two.
 
Purple said:
..........I think 3 months arrears should be enough to allow this to happen.
....Here's the contentious but though; I think the same should apply to people who don't pay their mortgage.
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From a mortgage point of view, there's a better chance that a home owner will pick themselves up and get their payments back on track. Banks can afford to take a longer term approach.

For rental, I agree, should be able to handle non-payment much faster; it would make sense to have the process the same as for a shortfall in payments as for a missed payment.

Perhaps something like the penalty points for your driving licence; once you reach a certain figure you lose it.
e.g 5 points for a late payment, 10 points for a missed payment; warning notice at (say) 30 points, eviction at (say) 50 points.
 
DannyBoyD said:
From a mortgage point of view, there's a better chance that a home owner will pick themselves up and get their payments back on track. Banks can afford to take a longer term approach.

For rental, I agree, should be able to handle non-payment much faster; it would make sense to have the process the same as for a shortfall in payments as for a missed payment.

Perhaps something like the penalty points for your driving licence; once you reach a certain figure you lose it.
e.g 5 points for a late payment, 10 points for a missed payment; warning notice at (say) 30 points, eviction at (say) 50 points.
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Agreed mortgage holders have "skin in the game" tenants don't.
 
The Horseman said:
The tenants don't normally have assets to pay the outstanding arrears the mortgage holder does.
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Sure, but if the tenant can be thrown out for not paying their rent then the home owner should be thrown out for not paying their mortgage. It's the same thing; someone is paying money to use an asset their don't own. In the case of the tenant it's a house, in the case of the homeowner it's a mortgage secured against their house. It matters not a bit that the bank can afford to carry the delinquent homeowner more than the average landlord can afford to carry the delinquent tenant. If the tenant should be kicked out then so should the mortgagee.
The Horseman said:
The bank can recoup its debt. The landlord rarely can.
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Even if that's true, so what?
 
Purple said:
Sure, but if the tenant can be thrown out for not paying their rent then the home owner should be thrown out for not paying their mortgage. It's the same thing; someone is paying money to use an asset their don't own. In the case of the tenant it's a house, in the case of the homeowner it's a mortgage secured against their house. It matters not a bit that the bank can afford to carry the delinquent homeowner more than the average landlord can afford to carry the delinquent tenant. If the tenant should be kicked out then so should the mortgagee.

Even if that's true, so what?
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Yes both should be evicted for non payment. Unfortunately we don't do either. My father was brought up in social housing in the 1940's and paying rent was always the priority. Neighbours who missed payments were evicted, they made sure when they paid the arrears they never went into arrears again.
 
This looks like it might be a pause in issuing notices, so people would need to issue immediately before this gets through the Oireachtas etc. if they want to sell any time in the next 12 months.
 
RonnieShinbal88 said:
This looks like it might be a pause in issuing notices, so people would need to issue immediately before this gets through the Oireachtas etc. if they want to sell any time in the next 12 months.
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Bear in mind the need to make a statutory declaration in most cases. It's not as straightforward as writing a letter.

Statutory Declaration ​

In some instances, a landlord is required to submit a Statutory Declaration with the Notice of Termination.

Where a landlord intends to sell the property within 9 months of terminating the tenancy, a Statutory Declaration must accompany the Notice of Termination confirming this intention.

Where a landlord requires the property for their own use or for use by a family member, a Statutory Declaration must accompany the Notice of Termination confirming the intended occupant's identity and (if not the landlord) their relationship to the landlord and the expected duration of the occupation. The Statutory Declaration must also confirm that the landlord is required to offer a tenancy to the tenant if the dwelling is vacated within a period of 12 months from the termination date.

Sample Statutory Declarations accompany the Notices of Termination. A Statutory Declaration must take a specific format and must be signed in the presence of a Commissioner for Oaths, Practising Solicitor, Notary Public, or Peace Commissioner. Please note that the Declarant must sign the Statutory Declaration themselves, it cannot be signed on their behalf by an authorised agent.
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Just heard the Minister on the radio.

If I understood him correctly, there will be no moratorium on issuing termination notices and notice periods can continue to run during the moratorium period.

However, "no fault" termination notices cannot take effect during the moratorium period to 31 March and will only take effect after the moratorium period ends on a sliding scale depending on the length of the tenancy.

I would be hopping mad if I issued a valid termination notice months ago and I now have to wait a further 6 months to get vacant possession of my property.
 
Sarenco said:
Just heard the Minister on the radio.

If I understood him correctly, there will be no moratorium on issuing termination notices and notice periods can continue to run during the moratorium period.

However, "no fault" termination notices cannot take effect during the moratorium period to 31 March and will only take effect after the moratorium period ends on a sliding scale depending on the length of the tenancy.

I would be hopping mad if I issued a valid termination notice months ago and I now have to wait a further 6 months to get vacant possession of my property.
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Absolutely. Government should offer to buy the place with tenants in situe if they want to interfere in a private market.
 
Have they said yet if the landlord has already served notice, or serves notice between now and 1st November is the termination will continue as normal ?
 
When it ends Sinn Féin will be in government and will bring a permanent ban on 'no fault' evictions. The constitutional referendum on housing is designed to facilitate this. I have made this point before on this forum and some posters suggested that the referendum would only place an obligation on the state to house people, but any legal judgements against the state only confer an obligation to deal with the individual litigant's circumstances. The most significant impact will be on the private sector.
 
Sarenco said:
Thinking about this a bit more, this legislation is going to result in a glut of termination notices all taking effect next Spring - even with the phasing proposed by the Minister.

You have all the deferred terminations from this Winter, plus all the terminations that would take effect in Spring in the ordinary course.

That is going to put even further pressure on the rental market over a condensed time period.

Every government intervention in the rental market is just adding to the dysfunction.
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I suspect it may have to be extended due to this. Like RPZs they were only supposed to be in place for three years and are here forever now. Alternatively, it'll be an annual event. No evictions for 6 months of the year.
 
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