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Rent Arrears by Tenants Advice Needed.

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  • 25-07-2006 9:46pm
    #1
    Registered Users Posts: 4,931 ✭✭✭


    I have a problem with Tenants in a buy to let and I would appriciate advice.
    They is rent arrears of about 2 months which consists of the full rent not been paid over a number of months. I was doing some research on this and
    it appears that I have to write to them giving them 2 weeks to pay the arrears (any examples of a suitable letter would be appriciated). If they do not comply I then have to give them 4 weeks notice. The tenancy is over 6 months.

    I can then raise a dispute with the tenancy board, it is registered. And they can award a judgement against the tenants.

    Looking at prtb.ie I have seen landlords "fined" for not giving sufficient notice on this.

    Any help with the letter would be appriciated or sample letters that have been used as the balance needs to be struck between to soft and bullying the tenants.

    Anyone any experience on how successfull the PRTB are in enforcing judgements for rents and what happnes if they do not comply with the PRTB.

    Also if there are any errors in the assumptions above I would appriciate advice. :)

    Thanks in advance

    Ding


Comments

  • Closed Accounts Posts: 198 ✭✭The Novacastrian


    dingding

    A little further down the road in the process than you, but I advise you to keep everything nice, dont bully. keep times and dates of all phone calls and record the details. keep all texts between you and tenant. write everything down. build up as much evidence as possible and try not lose your temper patience with them, the prtb are very fair AFAIK.

    The letter you give should be simple and straight to the point including everything mentioned in the Act below.

    i think you give 2 weeks to pay arrears and then 35 days to vacate.


    Anyone renting out property should be familiar with the act below.

    http://www.oireachtas.ie/documents/bills28/acts/2004/a2704.pdf

    See Chap 3, P.32
    Part 5 chap 1 p46/47; Chap 2 ; chap 3

    Also, call prtb and threshold and ask them to send you out any publications they have regarding renting, they usually explain the Act in laymans terms.

    if you need anymore help PM me.


  • Registered Users Posts: 4,931 ✭✭✭dingding


    Do the PRTB have any teeth. If they do not comply with an order from the PRTB to pay, what is the situation there.

    Good advice I wanted to play it cool and not appear to be bullying them.

    Are the PRTB any better staffed, I know when registering the lease last year it took months.

    Best of luck

    DingDing


  • Closed Accounts Posts: 198 ✭✭The Novacastrian


    i was told if they dony pay they get a fine or 6 months in prison. but our lot have no money, so it looks like prison for him.

    They told us it could take 8 weeks to go through PRTB, but once we get our money, we dont really care.


  • Registered Users Posts: 4,931 ✭✭✭dingding


    8 weeks does not seem to bad.


  • Closed Accounts Posts: 67 ✭✭Miss Judy


    goslie wrote:
    i was told if they dony pay they get a fine or 6 months in prison. but our lot have no money, so it looks like prison for him.

    They told us it could take 8 weeks to go through PRTB, but once we get our money, we dont really care.

    I don't mean to hijack but would you REALLY partake in something that would result in someone going to Prison over rent arrears???. How overdue are the arrears and is there alot of money involved?.
    Secondly, whoever told you that a tennant who is in arrears and doesn't pay can be sent to prison is filling you up with you know what!!!. I never heard of that before!!!. My husband deals with the 2 houses we rent out and we are aware of all the legal scenarios in late rent payment but this prison thing is a bit severe. I for one, would not do this to someone. Also, what't the point in fining someone if they cannot pay what they owe in the first place!!
    I'm just interested where this info is coming from??. Anyway, the buy to let is so risky, sell up guys if it's causing so much hassle, that's what I would do. I would evict them and sell the place!. Good luck anyway...it's a ****ty situation for the OP!!


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  • Registered Users Posts: 4,931 ✭✭✭dingding


    Miss Judy wrote:
    I don't mean to hijack but would you REALLY partake in something that would result in someone going to Prison over rent arrears???. How overdue are the arrears and is there alot of money involved?.
    Secondly, whoever told you that a tennant who is in arrears and doesn't pay can be sent to prison is filling you up with you know what!!!. I never heard of that before!!!. My husband deals with the 2 houses we rent out and we are aware of all the legal scenarios in late rent payment but this prison thing is a bit severe. I for one, would not do this to someone. Also, what't the point in fining someone if they cannot pay what they owe in the first place!!
    I'm just interested where this info is coming from??. Anyway, the buy to let is so risky, sell up guys if it's causing so much hassle, that's what I would do. I would evict them and sell the place!. Good luck anyway...it's a ****ty situation for the OP!!


    Judy, If there is no sanction no one would pay rent. I would not want the tenants to go to prison over this but I feel that there has to be some sanction.

    What would your opinion on this be. :)


  • Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    They would go to prison if they failed to heed the PRTB order or a subsequent court order, I assume.


  • Registered Users Posts: 4,931 ✭✭✭dingding


    That is my information, it is the PRTB for a violation of the tennancy agreement.


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