{"id":640371,"date":"2026-09-30T08:08:11","date_gmt":"2026-09-30T08:08:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/640371\/"},"modified":"2026-09-30T08:08:11","modified_gmt":"2026-09-30T08:08:11","slug":"i-cant-find-anything-else-father-of-four-pleads-with-court-enforcing-eviction-orders-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/640371\/","title":{"rendered":"\u2018I can\u2019t find anything else\u2019: Father of four pleads with court enforcing eviction orders \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">\u201cI\u2019m a hard-working man. I\u2019ve four kids at school,\u201d the man says.<\/p>\n<p class=\"c-paragraph paywall \">Facing an application to enforce a vacant possession order so his landlord can sell the property, he also tells the court he never missed a rent payment. <\/p>\n<p class=\"c-paragraph paywall \">The man is among several tenants appearing at <a href=\"https:\/\/www.irishtimes.com\/tags\/dublin\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/dublin\">Dublin<\/a> <a href=\"https:\/\/www.irishtimes.com\/tags\/district-court\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/district-court\">District Court\u2019s<\/a> September hearing of applications to enforce orders of the <a href=\"https:\/\/www.irishtimes.com\/tags\/residential-tenancies-board-prtb\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/residential-tenancies-board-prtb\/\">Residential Tenancies Board<\/a> (RTB), the State body that arbitrates in disputes between <a href=\"https:\/\/www.irishtimes.com\/tags\/landlord\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/landlord\/\">landlords<\/a> and tenants.<\/p>\n<p class=\"c-paragraph paywall \">\u201cI don\u2019t want to be in dispute. I don\u2019t want to be here at all,\u201d the man tells Judge Michael Ramsey. <\/p>\n<p class=\"c-paragraph paywall \">He says he would leave the west Dublin house \u201cstraight away\u201d as soon as he found somewhere else, but, despite extensive searches by his wife and about 20 property viewings, the family were unable to get another house. <\/p>\n<p class=\"c-paragraph paywall \">\u201cI am desperately trying wherever I can,\u201d he says. <\/p>\n<p class=\"c-paragraph paywall \">He also says he is prepared to pay higher rent to stay where he is. <\/p>\n<p class=\"c-paragraph paywall \">Niall Quinn, for the landlord, says the tenant was told in February 2025 the landlord wanted to sell and the matter went through dispute resolution and adjudication, leading to an RTB determination last February granting vacant possession.<\/p>\n<p class=\"c-paragraph paywall \">An application under section 124 of the Residential Tenancies Act for enforcement of that order does not involve a rehearing and, while appreciating the \u201caccommodation shortage\u201d, it is \u201cnot a landlord\u2019s job to find alternative accommodation\u201d, Quinn says. <\/p>\n<p class=\"c-paragraph paywall \">When the judge makes an order for possession, with a stay to January 31st to allow the man more time to source accommodation, he asks for a longer stay, saying: \u201cI can\u2019t find anything.\u201d <\/p>\n<p class=\"c-paragraph paywall \">A longer stay was \u201cnot possible\u201d, the judge says.<\/p>\n<p class=\"c-paragraph paywall \">Of about 20 enforcement applications before the court, four come from housing charities or trusts and one by the State\u2019s <a href=\"https:\/\/www.irishtimes.com\/tags\/land-development-agency\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/land-development-agency\/\">Land Development Agency<\/a> (LDA). <\/p>\n<p class=\"c-paragraph paywall \">Most are by private or institutional landlords, including Highgarden Real Estate Ltd, Xerico Ltd, Yinghying Properties Ltd and Louisiane International Properties. The legal costs awarded in most applications are \u20ac650, plus VAT and outlay.<\/p>\n<p class=\"c-paragraph paywall \">In one application, the judge is told the joint owners of a private rental property received an RTB determination against two male tenants for vacant possession and payment of rent arrears. <\/p>\n<p class=\"c-paragraph paywall \">The tenancy began in May 2024 and the tenants made one rent payment before they eventually left the property late last July  when rent arrears stood at \u20ac74,400. <\/p>\n<p class=\"c-paragraph paywall \">The judge directed enforcement of the arrears payment order.<\/p>\n<p class=\"c-paragraph paywall \">In another application, Highgarden secures enforcement for vacant possession of an apartment in Belmayne, Dublin 13, plus for payment of rent arrears of \u20ac46,428. <\/p>\n<p class=\"c-paragraph paywall \">There is no appearance by the tenant who, the court is told, had not complied with a July 2025 agreement reached after the RTB determined in favour of the landlord. <\/p>\n<p class=\"c-paragraph paywall \">That agreement provides for her to vacate the property and pay some arrears, but she is still there and the arrears have increased, the court hears. No rent has been paid since January 2025, the court is told.<\/p>\n<p class=\"c-paragraph paywall \">Separately, an application by Oaklee Housing Trust was adjourned to January after the judge was told a woman tenant is in residential treatment for addiction issues.<\/p>\n<p class=\"c-paragraph paywall \">In another application by the trust, the judge is told the tenancy of a Dublin 24 property was terminated in March 2025 and the RTB made orders last December for vacant possession and payment of rent arrears at \u20ac1,700. <\/p>\n<p class=\"c-paragraph paywall \">The home \u201chas been taken over by others\u201d, there was serious antisocial behaviour, it is \u201calmost uninhabitable\u201d and the tenant is in effect out of the property, Oaklee\u2019s solicitor tells the judge. <\/p>\n<p class=\"c-paragraph paywall \">Her client wants enforcement of the vacant possession order plus, \u201cfor what it\u2019s worth\u201d, an order to pay arrears by October 9th, along with legal costs. The judge makes those orders.<\/p>\n<p class=\"c-paragraph paywall \">Respond, a not-for-profit housing body, seeks to enforce a vacant possession order against a tenant over almost \u20ac4,000 in rent arrears. <\/p>\n<p class=\"c-paragraph paywall \">The tenant, its solicitor says, was given \u201clots of chances\u201d and warnings about the consequences of not complying with an agreement to pay about \u20ac105 rent weekly, plus \u20ac74 towards arrears, and provide documents concerning her household bills and income. <\/p>\n<p class=\"c-paragraph paywall \">Respond has \u201ca long list\u201d of people seeking housing and is \u201cat its wit\u2019s end\u201d with this tenant who has \u201cfailed to help herself\u201d, the solicitor says.<\/p>\n<p class=\"c-paragraph paywall \">The tenant, who lives with her two adult daughters in the property, says she receives a \u20ac263 weekly social welfare payment and hopes to get into treatment for addiction. <\/p>\n<p class=\"c-paragraph paywall \">\u201cI\u2019m not working. My money has gone down. I can\u2019t handle or manage money,\u201d she says. \u201cI\u2019ve nowhere to go.\u201d <\/p>\n<p class=\"c-paragraph paywall \">Granting enforcement of the vacant possession order, the judge puts a stay on the order until December to give the tenant a \u201clast chance\u201d to engage and pay regularly. <\/p>\n<p class=\"c-paragraph paywall \">\u201cOtherwise, you will be out of the property,\u201d he warns her.<\/p>\n<p class=\"c-paragraph paywall \">The LDA secures a vacant possession order, also with a stay to December, to give a respondent tenant an opportunity to pay outstanding rent arrears of about \u20ac7,500. <\/p>\n<p class=\"c-paragraph paywall \">He made an agreement last July with the agency concerning rent arrears, then about \u20ac9,500, under which he was to pay \u20ac1,000 rent, plus a minimum \u20ac500 towards arrears, every month, but had not kept up the minimum arrears payments, the judge was told.<\/p>\n<p class=\"c-paragraph paywall \">The tenant says he was out of work for a time and had undergone counselling for personal issues. He entered into the July agreement \u201cbasically out of fear of losing the apartment\u201d, but hopes to get back to work soon and to have the payments made by mid-December, he says. <\/p>\n<p class=\"c-paragraph paywall \">After the hearing, Quinn, who regularly represents landlords as well as tenants, tells The Irish Times the lack of rental properties, particularly in Dublin, means tenants often ask judges to allow them to stay on as they have been unable to get alternative accommodation. <\/p>\n<p class=\"c-paragraph paywall \">Where this arises, enforcement will still be granted because the legislation restricts the District Court from going beyond a valid decision of the RTB dispute resolution process, even where the tenant has demonstrated the ability to continue to pay rent, he says.<\/p>\n<p class=\"c-paragraph paywall \">Overholding \u2013 when a tenant stays on in rented accommodation after the tenancy termination date \u2013 can have \u201cvery significant\u201d financial implications for landlords, he says.<\/p>\n<p class=\"c-paragraph paywall \">This is particularly a problem for those who need to sell the property because they have come to the end of an interest-only mortgage payment period and are unable to afford increased mortgage payments.<\/p>\n<p class=\"c-paragraph paywall \">The enforcement order applications follow \u201ca very rigorous and extensive process\u201d with the RTB, including a dispute resolution process and the possibility for appeal to the RTB\u2019s three-person tenancy tribunal, Quinn says. <\/p>\n<p class=\"c-paragraph paywall \">The tribunal\u2019s determination of that appeal may also be appealed, but only on a point of law to the High Court. <\/p>\n<p class=\"c-paragraph paywall \">If no appeal is taken, the determination order is binding. If it is not complied with, an order must be sought from the District Court to enforce.<\/p>\n<p class=\"c-paragraph paywall \">Most enforcement applications by landlords seek payment of rent arrears or enforcing tenancy termination notices where the tenant is \u201coverholding\u201d either paying rent or in rent arrears, Quinn says. Tenants may also be ordered to vacate over antisocial behaviour or causing property damage.<\/p>\n<p class=\"c-paragraph paywall \">Landlords seeking enforcement include large institutional landlords, housing charities and approved housing bodies, professional landlords with multiple dwellings and \u201caccidental\u201d landlords. <\/p>\n<p class=\"c-paragraph paywall \">Some enforcement proceedings are by executors of an estate to secure vacant possession or payment of rent arrears, Quinn says. <\/p>\n<p class=\"c-paragraph paywall \">From a tenant\u2019s perspective, the RTB process may have determined they were evicted illegally; a termination notice was invalid; a landlord had not complied with their obligations; not returned a damage deposit or retained property belonging to a tenant after a tenancy.<\/p>\n<p class=\"c-paragraph paywall \">Many landlords and tenants resisting enforcement believe the case they made to the RTB can be reheard by the District Court.<\/p>\n<p class=\"c-paragraph paywall \">However, the  law requires a District Court judge to enforce the determination order \u201csave for very limited reasons\u201d, including a lack of procedural fairness during the RTB\u2019s process, Quinn says. <\/p>\n","protected":false},"excerpt":{"rendered":"\u201cI\u2019m a hard-working man. I\u2019ve four kids at school,\u201d the man says. Facing an application to enforce a&hellip;\n","protected":false},"author":2,"featured_media":640372,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[5721,615,3662,61,60,11595,12305,43,13696],"class_list":["post-640371","post","type-post","status-publish","format-standard","has-post-thumbnail","category-ireland","tag-district-court","tag-dublin","tag-housing-crisis","tag-ie","tag-ireland","tag-land-development-agency","tag-landlord","tag-news","tag-residential-tenancies-board-prtb"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/640371","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=640371"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/640371\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/640372"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=640371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=640371"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=640371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}