Tenant who's always late with rent?!

danindublin

Just a quick one to see if anyone has been in the same boat. (possibly in the wrong section also)

I rent a two bed apt in the cc and sublet one of my rooms to a guy who out of the past 6 months he's lived there has only once paid his rent on time. Last month it was 11 days late and this month I still havent seen a penny (rent is due by the first of the month). On top of this I'm still owed for an ESB bill which I paid back in July! Every time I meet him I just seem to get an empty string of promises. At this stage I think its time to tuff him out. Am I a) to relax, sure twill be paid eventually or b) within my right to give him the boot?

chopperbyrne

Make him set up a standing order. That way, you get paid anyway and his bank account can go into a minus for all you care. He can deal with the bank.

FlutterinBantam

Whole caboosh out the door,bag and baggage done an dusted.

Don't mess around OP, gate immediately.

Thats my advice.

Stephen

Get rid of him and only give him back his deposit minus outstanding bills/rent.

Wossack

demand post #2 under threats of post #3

bronte

My parents are going through the exact same thing with tenants we've got.
The have to be the worst EVER!
Rent has never been on time and we've heard every excuse in the book at this stage.
The sick part is that they can legally stay for 6 months rent free if we decide to evict them.
:mad:

Ps. meant to say you're well within your right to get rid.. another landlord would feck him out at the first hint of trouble..I think you've gone very easy on him.
Has he signed an tenancy agreement?

Tar.Aldarion

Just warn him that you throw him out, even though I don't see the problem, you still get it.

Slow Motion

This should be here no ?

http://www.boards.ie/vbulletin/forumdisplay.php?f=38

Anyway ! What the others said turf him out minus his deposit !

mikedragon32

If you had a proper lease, none of this would crop up as you'd know exactly what your rights would be as the landlord.

Unless of course you're not declaring the income...

humanji

bronte wrote:

My parents are going through the exact same thing with tenants we've got.
The have to be the worst EVER!
Rent has never been on time and we've heard every excuse in the book at this stage.
The sick part is that they can legally stay for 6 months rent free if we decide to evict them.
:mad:

Ps. meant to say you're well within your right to get rid.. another landlord would feck him out at the first hint of trouble..I think you've gone very easy on him.
Has he signed an tenancy agreement?

That can't be right, can it? Could you of misunderstood something, in that it's only if there's no grounds for eviction, or something?

monkeyfudge

Sh*t in his bed.

It will make you feel better.

Jesus Wept

chopperbyrne wrote:

Make him set up a standing order. That way, you get paid anyway and his bank account can go into a minus for all you care. He can deal with the bank.

does it though?

I thought if the money isn't there, a standing order doesn't go.

That's why you would have to setup an overdraft if you want to be able to into the red?

bronte

You mean that fact that they can stay for 6 months humanji?

I will check and make sure, but as far as I understand, they can claim they have nowhere else to go and stay for that time period.
The law very much protects the tenant
Will double check though

chopperbyrne

Maybe some banks are like that. I'm with Permanent TSB and any standing orders or direct debits will come out and then the bank charge me about €5 when I'm in the green again.

danindublin

bronte: To the best of my knowledge you can kicked someone out in a week if you can prove that ur property is at risk by that person being there.

mikedragon32: AFASK, the rent thats being paid to me is under the threshold for declaration as it is my primary residence

AARRRGH

It's fairly normal.

I've been subletting a room in the apartment I live in for 6 years. Only two tenants out of six ever made any effort to pay their rent on time. The others waited for me to remind them, or blamed the bank, or some other ****.

Humans are stupid, emotional creatures and most are terrifically selfish.

Pighead

Let this farce continue if you like getting rode up the arse, if you find getting rode up the arse a bit intrusive then tell him to get the fcuk out.

It all depends on your feelings of arse riding to be honest.

watna

Seriously, get rid of him. It's not worth the hassle. I'm in the process of getting rid of my tenant now. My bf and I share our apartment with her. We've been miserable about for the last 8 months and have only just done something about it. She's leaving in 2 weeks. Basically she was bringing strange men home at 4am on a weeknight and they were smashing up the sitting room and waking us up about 3 nights a week, and we both work 9-5 jobs. She was having friends over and smoking, leaving an ashtray out in the sitting room when it is strictly a non-smoking apartment and the place would reek of smoke, including all our furniture. She also hated sharing the sitting room and would plonk herself down and lie full length on the couch so we couldn't fit and watch crappy tv all night. She had no respect for us. It sounds like your tenant is the same. He just doesn't give a ****. i feel like a weight is off my shoulders now she's leaving. Don't live with someone like that. There's a shortage of accommodation out there, you'll get someone else to take it no probs. If he's no lease you can just ask him to leave.

bronte

Thanks dan, didn't know that.
I'm not sure we could prove the property is in any kinda of danger though.
These people really tick me off..we have to pay the bloomin mortgage on the place and they don't care if it's out of our pocket instead of the rent money.

I myself can't stand that feeling of being in debt to anyone..even if it's a fiver I borrowed off a friend , I'll always pay in back.

Jesus Wept

chopperbyrne wrote:

Maybe some banks are like that. I'm with Permanent TSB and any standing orders or direct debits will come out and then the bank charge me about €5 when I'm in the green again.

wow, I've never being in the green before.

AARRRGH

Haven't read all the replies, but if he's been there more than 6 months it'll be nearly impossible to get rid of him. You have to be selling the apartment or getting a family member to move in...

AARRRGH

danindublin wrote:

bronte: To the best of my knowledge you can kicked someone out in a week if you can prove that ur property is at risk by that person being there.

Not true.

Orlee

monkeyfudge wrote:

Sh*t in his bed.

It will make you feel better.

Very helpful!!!!

Cuddlesworth

monkeyfudge wrote:

Sh*t in his bed.

It will make you feel better.

Hell yeah. And widdle on his towels.

ejmaztec

danindublin wrote:

Just a quick one to see if anyone has been in the same boat. (possibly in the wrong section also)

I rent a two bed apt in the cc and sublet one of my rooms to a guy who out of the past 6 months he's lived there has only once paid his rent on time. Last month it was 11 days late and this month I still havent seen a penny (rent is due by the first of the month). On top of this I'm still owed for an ESB bill which I paid back in July! Every time I meet him I just seem to get an empty string of promises. At this stage I think its time to tuff him out. Am I a) to relax, sure twill be paid eventually or b) within my right to give him the boot?

Tell him that you're being evicted for non-payment of rent. If that doesn't make any difference to him, he's obviously incurable.

6th

Orlee wrote:

Very helpful!!!!

Its AfterHours luv

Just fart on his pillow (bare bum) and he'll get pink eye from the shit particles! I saw it in Knocked Up so it must be true.

seamus

If you're subletting, then the other tenant has no agreement with the landlord, meaning that you can turf him out without notice. He's essentially a lodger under your roof. Lodger's rights and tenants rights are a million miles apart.

bronte

6th!! that's a mental image that will haunt me forever! :eek:

SimpleSam06

First of all, this should be in the accommodation forum.

Second of all:

dublindude wrote:

Not true.

Sorry bud, true.
The length of notice depends on the length of the tenancy.
Length of tenancy -Notice by landlord
Less than 6 months -4 weeks (28 days)
6 months to a year -5 weeks (35 days)
1 – 2 years -6 weeks (42 days)
2 – 3 years -8 weeks (56 days)
3 – 4 years -12 weeks (84 days)
4 years or more -16 weeks (112 days)

Landlords can give less notice if the tenants are not keeping their obligations (28 days) or if there is serious anti-social behaviour (7 days). Anti-social behaviour includes violence, threats or intimidation as well as any persistent behaviour that interferes with neighbours.

Thirdly:

bronte wrote:

The law very much protects the tenant

My hole it does. Tenants rights in Ireland are so far behind the rest of Europe that its not even funny.

AARRRGH

SimpleSam06 wrote:

Sorry bud, etc etc.

Wrong. You only copied and pasted the bits that suit your argument.

Those notice periods ONLY apply to the following -

* If the tenant does not comply with the obligations of the tenancy.
* If the property is no longer suited to the tenants’ needs (e.g. overcrowded).
* If the landlord needs the property for him/herself or for an immediate family member.
* If the landlord intends to sell the property.
* If the landlord intends to refurbish the property.
* If the landlord plans to change the business use of the property (e.g. turn it into offices).

None of them apply in this case.

Also, the tenant is not being seriously anti-social. Being late at paying your rent is not a valid reason to kick someone out.

K-9

watna wrote:

Seriously, get rid of him. It's not worth the hassle. I'm in the process of getting rid of my tenant now. My bf and I share our apartment with her. We've been miserable about for the last 8 months and have only just done something about it. She's leaving in 2 weeks. Basically she was bringing strange men home at 4am on a weeknight and they were smashing up the sitting room and waking us up about 3 nights a week, and we both work 9-5 jobs. She was having friends over and smoking, leaving an ashtray out in the sitting room when it is strictly a non-smoking apartment and the place would reek of smoke, including all our furniture. She also hated sharing the sitting room and would plonk herself down and lie full length on the couch so we couldn't fit and watch crappy tv all night. She had no respect for us. It sounds like your tenant is the same. He just doesn't give a ****. i feel like a weight is off my shoulders now she's leaving. Don't live with someone like that. There's a shortage of accommodation out there, you'll get someone else to take it no probs. If he's no lease you can just ask him to leave.

And she lasted 8 months!

Ste.phen

Doensn't sound like this guy is actually a 'tenant' in the legal sense of the word. The OP can easily turf them out with little or no notice I believe.
As for the OP being turfed out by THEIR landlord, that's a whole other kettle of fish, damn near impossible apart from the reasons mentioned in #30

AARRRGH

danindublin wrote:

I rent a two bed apt in the cc and sublet one of my rooms to a guy...

Ah sorry missed the sublet bit!

Yes, if you sublet then the person is covered by the "rent a room scheme". Basically you just need to give him a months notice.

danindublin

dublindude wrote: »

Ah sorry missed the sublet bit!

Yes, if you sublet then the person is covered by the "rent a room scheme". Basically you just need to give him a months notice.

Just to provide a little update . . . (perhaps a little long)

I gave this guy a letter of notice asking him to leave the apartment at the end of the month. He went a little bananas and avoided me for a few days. Eventially we ended up talking and he asked if he could stay on until the end of the next month i.e. the end of october. He payed all his rent then for the remainer of his stay. He was content to move out on this date.

Yesterday, I contacted him to let him know some people would be coming to view the apartment and would it be ok for us to arrange a time for me to have the apartment. The response I got was that he wasnt sure of his plans at the moment and that he might take the apartment for an additional month. When I informed him that I had people lined up to view the apartment and that I would find it impossible to get people next month, as it would be 3 weeks before xmas, he said tough and that he'd moved out when he wanted. End of

By now he wants the details of the landlord and a copy of the ad which i placed looking for new tennents as he's taking it all to his solicitor as I am apparently harrassing him and unlawfully evicting him. Lets just say the tone has gone downhill and i now feel very uncomfortable having this person in my apartment. Its totally wrecking my head.

(Just to clarify, the apartment is let in my name only. I'm the only person on the lease and i pay the full rent to the landlords bank account.)

chakotha

As long as the month's rent is paid before the next month comes around I don't know why you are turfing him out tbh

Tigger

dose the lease allow subletting

The Corinthian

The guy has been playing the mick and paying only when he really has to. No one wants to spend their lives having to chase after people like this for money owed. Additionally as relations have deteriorated to talk of solicitors, I'd think the time for compromise may be well over.

Contact the landlord and explain the situation - as you've been reliable, they'll take your side any day. If you have an agreement from the landlord to sublet, then you are entitled to act upon his behalf with regard to evictions. Give a written letter of notice of five weeks as required by law. To be on the safe side, contact Threshold and find out what both his any your rights are in this regard.

If he fails to move out change the locks and offer to allow him to collect his things after the notice period. Retain whatever part of his deposit would cover any damage that is above what would be considered natural ware and tare.

Importantly retain bank statements as to his payment delays. The most he may do is bring you to the small claims court where if you have been seen not to have violated his rights and have been as reasonable as possible, he'll lose.

danindublin

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.


If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

Tigger

danindublin wrote: »

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.


If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

so **** in his bed then?

thefinalstage

danindublin wrote: »

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.


If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

Yes! Stick it to him! You have already given him the notice needed. Now take all his stuff and put it under a plastic sheet on the street. Tell him when you are half way through so his stuff will be outside by the time he gets back and it won't ruined by rain. He had the opportunity.

Hydroquinone

chakotha wrote: »

As long as the month's rent is paid before the next month comes around I don't know why you are turfing him out tbh

That's a weird attitude.
Would you be as happy to get your wages late, as long as they came in any old time at all before your next wages were due?
I know I wouldn't.

danindublin

Trust me. I've been more than patient with this guy. He's been constantly late with the rent and frequently broken house rules. I would have considered letting him stay on but now he seriously makes me feel unconfortable in my apt.

I pay the rent and all the bills on time and then have to wait around until he feels like paying me. I just want him out at this stage (not in a childish way) but clearly I cant see why he'd want to stay in the apt given all thats going on. And I think he's also about to not pay next months rent and call it his deposit. Ugh!

Terry

danindublin wrote: »

Trust me. I've been more than patient with this guy. He's been constantly late with the rent and frequently broken house rules. I would have considered letting him stay on but now he seriously makes me feel unconfortable in my apt.

I pay the rent and all the bills on time and then have to wait around until he feels like paying me. I just want him out at this stage (not in a childish way) but clearly I cant see why he'd want to stay in the apt given all thats going on. And I think he's also about to not pay next months rent and call it his deposit. Ugh!

I've experienced similar problems twice before.
At the end of the month, you just have to stand up and tell him to get the **** out.
It's the only way.
Do not let him take the piss any longer.

MarkR

Get a anal sex instructional video, some lube and super thick condoms. Leave them on the coffe table. Tell him you feel that this shared experience has brought you closer, then offer him a glass of wine.

Either that or change the locks on the first of november. Your choice really.

danindublin

Well, he's gay so . . . .

humanji

Then say it's a leaving present

6th

You've done everything right OP now you just have to be firm with him.

MarkR

danindublin wrote: »

Well, he's gay so . . . .

Aw crap.

Just change the locks so. He's no rights past that, you've given him notice.

johnp

Chuck him out. Rents are going up, so you'll probably get a better deal with someone else.

smcelhinney

Is it that his work situation is volatile (as in, does he have occasional work, therefore is not always fluid with money) or is it that he's simply pushing you to see how far you'll go?

Have you asked him to maybe pay weekly? That way at least he's contributing and you dont have to chase him for a lump sum.

I understand that you're at the end of your tether, and you just want him out. The problem seems to be that you dont seem inclined to want to seek legal advice, and are hoping that common sense will suddenly strike him. Unfortunately, its my experience that people like this are not rational thinkers, he's probably justifying his behaviour to himself somehow.

What about getting the landlord to intervene? Im sure he would love to know the situation with his own house/apartment, regardless of whether it affects him financially or not. His resell or re-rent value on an apartment that's being mistreated by one party or another will deteriorate. Or you could spin it that way..

Never lie of course, lies make little baby jesus cry..

mathie

I'd a similar kind of gimp living with me under the rent a room scheme.

He said he'd take the room when he saw it but couldnt' pay a deposit for a 'few weeks'.

So I said 'No problem there are plenty of other people interested'
With that he coughed up the deposit staright away!

And for the few months he was there he was permanently late with his rent.

Luckily he left of his own accord.

You meet some gimps in the rental world!


M