The tenant: 'Safeguards' are just guidelines on how far landlords can push their luck

As renters know all too well, there is a world of difference between what landlords are allowed to do and what they're able to do
The tenant: 'Safeguards' are just guidelines on how far landlords can push their luck

Let’s assume we bring a successful case against a landlord following an illegal eviction. A few thousand euros of compensation won't help us if we’re now in emergency accommodation. That’s the real fear for us.

As a long-term renter, you might expect that I would welcome the Government's proposals regarding rent pressure zones but, honestly, the announcement filled me with dread. 

On paper, there are many legislative safeguards that are supposed to protect us from exploitative behaviour. Unfortunately, as renters know all too well, there is a world of difference between what landlords are allowed to do and what they're able to do. Without enforcement, these safeguards are just guidelines on how far landlords can push their luck.

I’m sceptical of the Government’s capacity to address this issue as my own rental difficulties began at the onset of their coalition. I was living in a studio a firefighter described as a “deathtrap”. I frequently lost power, heat, and internet access, but I couldn't complain. I couldn’t risk losing the only property I could afford. 

The homelessness figure at that time was about 5,715. By 2019, when I was evicted to facilitate a sale, that figure had climbed to 10,000.

In 2020, I was fortunate enough to find a shared apartment. Our rent was €1,698. Just two years later, we were advised the landlord required the property for his son. Within 17 months of us leaving, the property was sold and is now advertised on Airbnb for €8,970 a month.

What the Government has been doing for 10 years now is gambling. Policy is undertaken in the 'hope' the market will deliver unspecified levels of housing. Picture: Mark Stedman/RollingNews.ie
What the Government has been doing for 10 years now is gambling. Policy is undertaken in the 'hope' the market will deliver unspecified levels of housing. Picture: Mark Stedman/RollingNews.ie

My partner and I couldn’t find accommodation in Cork after this eviction and were only able to secure a property two counties away with help. This brings us to our current predicament. Since moving to this rental, which is not in an RPZ, the rent increased 11%. Even with this increase, we are paying 50% below the average rent for the county. The proposed changes create a strong incentive for our landlord to try to evict us.

Applying the 2% rent cap to our current contract would see us pay €75,697 over six years. If the landlord can find grounds to evict us, and reset the rent to the average rate, it will be worth €131,038. That’s a motivating difference. There are now 55,339 reasons to find a problem with our tenancy. It doesn’t fill me with hope that the first property inspection of our tenure was scheduled within days of the Government announcement.

Why am I worried? Assuming there will be genuine enforcement of the rule preventing rent resets following a no-fault eviction, the proposed legislation still allows for resets where a tenant has “breached their tenancy obligations”. A tenant’s contractual obligations can include a plethora of subjective pressure points such as agreeing to keep the property in “good decorative condition”. Would we bring a dispute on this matter to the RTB or to Hugh Wallace? 

As anyone who has tried to recover a security deposit can attest, letting agents will use these minor clauses against you.

Housing minister James Browne expressed hope people would report these inevitable efforts to the RTB. Placing the onus on tenants to challenge problem landlords during a housing crisis is farcical. We can’t risk it. 

We’ve had landlords who failed to provide us with confirmation of our RTB registration, preventing us from claiming years of tax credits. We were always too afraid to press the matter further lest we manifest a “family member who needs the home”.

I want to see evidence-based policies implemented by qualified experts instead of a rotating team of unqualified ministers taking turns to bet it all on the market. More than anything. I just want a home.
I want to see evidence-based policies implemented by qualified experts instead of a rotating team of unqualified ministers taking turns to bet it all on the market. More than anything. I just want a home.

Let’s assume we bring a successful case against a landlord following an illegal eviction. A few thousand euros of compensation won't help us if we’re now in emergency accommodation. That’s the real fear for us. Not rent increases. Homelessness. We have spent 10 years trying to avoid being caught by this rising tide that has already claimed well over 15,000 people.

We are only keeping our head above water through tremendous sacrifice and blind luck. Moving away from Cork very nearly cost me my job. It still may.

We are desperately trying to buy in my home county. Here again, Government policy keeps failing us. Incentives for first-time buyers have been inflationary. Vendors are offering us inferior properties that are priced well above their true value because they see the grants available to us as a selling point for the house. We don't benefit from the grants — the seller who let the property fall into disrepair does.

The area we are pursuing has the lowest median prices in Cork. Currently, Daft.ie lists 76 houses for sale in this area, 38 of which are under our €365,000 budget. Airbnb advertises about 95 full homes available in the same region for long-term stays. The Government’s proposed regulations on short-term lets won’t help us here because the community we’re trying to join is smaller than 10,000 people.

What the Government has been doing for 10 years now is gambling. Policy is undertaken in the "hope" the market will deliver unspecified levels of housing. As someone impacted by this crisis, I want to see more than hopes. I want to see policies with quantifiable outputs.

I want to see a total ban on short-term lets with projections on how many of the 18,638 whole-property listings on Airbnb this would return to residential use.

I want to see escalated action to bring more of the country’s 160,000 vacant homes into use.

I want to see State investment in social housing that is proportional to the scale of the emergency we’re enduring.

I want to see leadership. I want to see competent people take the helm and reassure us they know the way out of this mess. I want to see evidence-based policies implemented by qualified experts instead of a rotating team of unqualified ministers taking turns to bet it all on the market.

More than anything. I just want a home.

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