i'm contacted frequently by people who fancy themselves as bite letter investment property
moguls people irish people especially have a fascination with property and the
attractiveness of this idea of being a landlord and having a bunch of buy-to-let properties
bringing in passive income and tenants happily paying the rent and happily paying
therefore the landlord's mortgage is one that appears to be particularly attractive
and i'm surprised by the number of young people who would contact me looking to get onto the bite
of that ladder when they're only 21 22 23. there's nothing wrong with being ambitious but when i was
that age i wasn't looking to buy a house to let it out i was looking to do other things
and i would suggest for a lot of young people that buy to let might be something that they might do
later in their life not early on in their career in their body entrepreneurial career but in this
talk today this um discussion i want to just have a look at a very interesting
case there that came up in the irish times this morning it's reported in the irish times
the heading of it is a landlord is at his wit's end two years after serving a notice on a tenant
so he served an office two years ago to get the tenant out he's a 63 year old man from county
uh loud from drada shaina's mckenna is his name and he was in before the residential
tenancies board tribunal in relation to the termination notice which the tenant has
now challenged as being ineffective or unlawful or invalid he served a notice 758 days ago but
this will give you some food for thought i think in terms of going into being about to let landlord
with rose tinted glasses and with optimistic very optimistic rosy positive views about it
because the reality is quite different and the fact of the matter is this man is 63 years of age
he served the notice 758 days ago and he still doesn't have possession of his property because
his tenant has nowhere to go and it's ended up back at the residential tenancies board and the
residential tennessee board has told the parties that they will issue a determination in due course
even if mr mckenna is successful in his determination the likelihood is all he's going
to get is a determination to end the tenancy and in order to give it practical legal effect he'll
actually have to go to court to get an eviction order if it goes that far but just looking at some
of the details it would give you food for toss he gave the tenant notice to quit 758 days ago he's
said that his family is under a lot of financial pressure he had to sell the house he had a good
relationship with the tenant he wanted to give her as much notice as possible and he
gave her 180 days notice along with the necessary statutory declaration that the house would be sold
and the tenant then was asked about her grounds for appealing this notice she said the reason why
is that i still didn't get a place last month i did ask my landlord for a reference because
it was promising two places that i went to view but still i didn't get lucky so she's appealing
the validity of this notice but the ground she's putting forward as to her appeal is
she hasn't got a place if you think about it the fact that she hasn't got somewhere has absolutely
nothing got to do with the validity of the notice and if horror appeal is on the basis of the
invalidity the alleged invalidity of the notice then she should be putting forward some grounds
for that some evidence for that and not saying that you can't get somewhere else because that's
a completely different issue and quite frankly mr mckenna as he says is not a social worker
and it doesn't have to bear the responsibility of housing persons in society to state those so
she's had difficulty i sympathize with her and uh but i sympathize with mr mckenna as well because
he's 63 years of age he's had a good relationship he has offered to sell the house to the council
if they could keep her in it there was no reply to this office either to this offer corporate
restrictions then didn't help bottom line is he says i don't want to be in this position today
i'm 63 years of age i'm not getting any younger there have been a lot of implications for me in
the last year uh two years and for people because the tenant didn't move out i believe i've been
legally compliant closing the hearing the chairman nile buckley said the tribunal would issue its
determination in some weeks this is the reality of letting property in ireland it's all very well
having a positive rosy view of a series or a chain of buy-to-lets with people paying the rent happily
but the reality is quite different and the reality is that terminating a tenancy
is difficult it can be technical legally technical and if there's any invalidity into notice or in
the process or in the steps or the notice that's given and or as period is given then it will end
up at the residential tenancies board with a determination in favor of the tenant in which
case the landlord can do nothing even if the landlord is successful and gets a determination
in his or her favor he then in order to give it legal effect if this tenant stays put must go to
court and get a court order to evict the tenant so as i say mr mckenna there shannon's mckenna 63
years of age served enormous 758 days ago and he still hasn't got his hands on his property
still can't sell it can you imagine if you were absolutely financially strapped you were under
pressure from the lender you couldn't pay the mortgage and you let yet you cannot turn over
or dispose of your property in order to relieve yourself of some of that financial pressure
that is something that should be considered when you are considering getting into buy to
let investments etc in ireland because quite frankly the law and society generally and an
attitude generally about housing and the housing crisis which is very unfortunate is such that
he's created an environment that makes it very difficult for landlords to get a good return here
in by comparison with for example landlords in the united kingdom and that's why quite frankly and
huge number of landlords have left the market over the last number of years and that in turn then is
exacerbating the difficulty with the housing market because it's putting pressure on supply
it's reducing supply landlords are leaving and who could blame them hope you find this useful
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