THERE HAS BEEN a large increase in the number of people defying their eviction notices over the past year.
New figures for 2017 reveal that there has been an increase of 24.4% in referrals for “overholding” with the Residential Tenancies Board (RTB).
A tenant is considered to be overholding when they continue to occupy a rental property after the expiry date of their received notice of termination.
In such situations, the tenant is still liable to pay rent to the landlord in respect of staying in the property after the valid notice has expired. This does not, however, imply a recognition of ongoing tenancy.
Landlords may complain to the RTB if their tenants fail to leave the property within the appropriate time outline on the notice of termination.
In 2016, there were 553 dispute cases like this made to the RTB.
To the end of November 2017, the RTB has revealed it had received 688 such dispute cases. This is an increase of 24.4% on the figure from 2016.
The RTB said it takes breaks of landlord and tenant obligations “very seriously”.
“When a case had been determined by the RTB and a Determination Order has been issued, the RTB will in the majority of cases agree to take enforcement proceedings if a party fails to comply with that order,” a statement from the RTB said.
A number of TDs have told constituents to disregard their termination notices if there is nowhere else to go.
Speaking to RTÉ News, Dún Laoghaire TD Richard Boyd Barrett said tenants are left with no option.
“In almost all cases tenants don’t want to overhold and stay on but they can’t find anywhere else. If the choice is emergency accommodation or homelessness, what choice do people have?” Boyd Barrett said.
“For huge numbers of people they can find nowhere and in that situation, I would strongly advise them to stay where they are for as long as they can.”
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