Terry Gorry video on his difficulty getting rid of a non paying tenant

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bipped

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This video is from a Co Meath solicitor-landlord about his experience with a tenant overholding and not paying rent. Even after an RTB ruling in 24 and the DC in 25, the tenant is still in situ. It’s no wonder landlords feel the system is skewed against them. Will things get better or worse after mar26?

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Brendan Burgess said:

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This should be compulsory viewing for anyone thinking of investing in residential property and for all politicians as well.

No rent in 2 years and he can do very little about it.
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As I said in another thread. I know someone who hadnt had rent in 4 years and still was trying to get the tenant out.
 
DannyBoyD said:
The issue is that the RTB "determination" means nothing, it needs to have the status of a court order and thus avoid the district court nonsense.
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At a meeting with the Oireachtas Housing Cmtee back in july, one of the RTB panel mentioned something similar. They also said they can only sanction landlords who do not comply and there is no sanction for tenants except to order them to pay rent arrears. In fairness to the RTB, they don’t make the rules. Here’s the video link.

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Everyone at that meeting needs to watch the Terry Gorry video.
 
ClubMan said:
Poor guy doesn't even know if he paid his debts.
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To be honest, that part I can understand, it was a long time ago, before the age of mobile banking and statements instantly at you fingertips. They may very well have just got rid of all the documentation when they handed back the keys. But he should be able to recall the many interactions.

That said, whoever let him go on the TV with an "if I did it" defence is the problem for me.
 
Okokokoknic said:
But he should be able to recall the many interactions.
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How many solicitors' letters has he received over the years?
How many times have people called to his parents' house looking for him to pay his debts?

He exploited the fact that it's very difficult for people who are owed money to recover it.

It reminds me of the people who come on askaboutmoney who say that they have been refused a mortgage because they "forgot" to repay a student loan from 10 years ago. And the solution in these cases is to immediately repay the loan.

Sorry, I have no sympathy for Gavin. None.
 
Brendan Burgess said:
How many solicitors' letters has he received over the years?
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According to Fionnan Sheehan on Morning Ireland, he decided/was advised not to go down the legal route. And he couldn't use the RTB because Jimbo wasn't a registered landlord. It seems strange to me, but maybe the Small Claims Court doesn't cover such transactions?
 
Marsupial said:
he decided/was advised not to go down the legal route.
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It's expensive and time consuming and even if you get a judgement, it is difficult to enforce. So not worth the risk for €3,000. It's better to wait for the guy to stand for election to the Presidency.

Marsupial said:
he couldn't use the RTB because Jimbo wasn't a registered landlord.
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Is that correct? A tenant can't complain to the RTB if the landlord is not registered with them?
 
DannyBoyD said:
The issue is that the RTB "determination" means nothing, it needs to have the status of a court order and thus avoid the district court nonsense
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The issue is not only that, it’s that the RTB was set up to avoid court. Instead you have a toothless delaying tactic in the RTB and you still have to go to court.
 
bipped said:
At a meeting with the Oireachtas Housing Cmtee back in july, one of the RTB panel mentioned something similar. They also said they can only sanction landlords who do not comply and there is no sanction for tenants except to order them to pay rent arrears. In fairness to the RTB, they don’t make the rules.
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This a slightly incorrect. What happens is the RTB refuses to fund legal cases for landlords. So landlords don’t want to go to court as it costs so much money. RTB being disingenuous with the truth. RTB however will take cases for tenants. And tenants have Threshold as well. Telling Tenants ‘the law”.
 
Watching that video just highlights how unbalanced and not fit for purpose the RTB system is. A determination in a tenancy matter should have the same standing as a court order.

I am taking a former tenant to the RTB for both unpaid rent and damages. I was hoping an RTB determination in my favour would benefit me financially but now I am not so sure. At the very least, I have nothing to loose by going this route. By doing so I can make life a little bit more stressful or less smug for the ex tenant than they hoped it would be.
 
DannyBoyD said:
No its not correct; tenant can, property owner can't.
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That may be the case now, but not back in 2009 - which is when the issue arose.

Permit me to quote from the Irish Examiner (which repeats what I wrote above):

The couple contacted the Private Residential Tenancies Board — now the RTB — but learned that Mr Gavin was not registered as a landlord and the body could not intervene at the time.
 
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Luternau said:
am taking a former tenant to the RTB for both unpaid rent and damages. I was hoping an RTB determination in my favour would benefit me financially but now I am not so sure. At the very least, I have nothing to loose by going this route. By doing so I can make life a little bit more stressful or less smug for the ex tenant than they hoped it would be.
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Take my very good advice. Which I received a few years ago from the Property Owners Organisation. Take a case against yourself to the RTB on the grounds of the validity of your notice. So that you know sooner, rather than MUCH later, that the notice you serve is deemed valid by the RTB.

I got three determination orders by doing this, all notices were the same, two were deemed invalid and one valid. We were getting very good at the procedure and processes as between myself and a sibling we had about 6 cases. I got all my tenants out anyway. My sibling has one still there to this day. But rent is paid.
 
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