Tenant who's always late with rent?!

danindublin

smcelhinney wrote: »

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..

I've been more than honest with him (and of course here ) from the beginning so I'm not worried there. When I took out the apartment (through an agency) I made them aware that there would be someone else living in the apartment but they were happy to have just my name on the lease. So I did not pretend I was going to be living there on my own. Its registered in my name only and landlord is paid from my account by standing order.

I'm not a ba$tard or the likes and if someone came and said they were having genuine issues paying the rent I'd be understanding, but this was a constant fobbing off scenario. When it had gotten over the 2 week period last month (and that was 6 weeks late on bills) I issued him with notice to quit the apartment within 28 days which has now come and gone. I have checked with threshold and a friend who is a bassister has confirmed that its not legally subletting. He has been given statutory notice. He's basically just decided to leave when he wants to and doesnt see what my problem is. He's from the world of the arts and is being very theatrical about the entire thing. He's the victim.

Jumpy

16 days now, and there still isnt a post where you have said you have gained legal advice.
Why is this still in After hours though?

danindublin

Jumpy wrote: »

16 days now, and there still isnt a post where you have said you have gained legal advice.
Why is this still in After hours though?

As I said above, I've checked with Threshold (although I know what they give is advice and not legal positioning) and I've also had it confirmed by a friend who barrister (he has seen my lease).

I dont know why it is still in after hours

martinf

Just to be a little bit off topic you mentioned in one of your posts that the rent you were receiving was under the threshold for declaring it as it was your primary residence. Is this the €635 a month threshold? If so as far as I know that only applies if you own it not if you're renting.

danindublin

Hey Guys,

Just to clarify and perhaps help anyone in the same position as myself . . .

Spoke to a solicitor yesterday and . . .

Because

* The apartment is in my name only on the lease
* The rent is paid in full by me to the landlord

The apartment is mine and anyone else there is technically my licencee not a tenant. Also this does not count as subletting. The 'lodger' living there is a guest of mine and can be asked to leave with reasonable notice e.g. 10 days, 14 days and is not entitled to statutory notice because he/she is no way covered by accommodation legislation. This also means you don’t have to give a reason which would be required if he/she was letting the room. Beyond the notice period the person is legally trespassing on your property! :eek:

FunkyChicken

Have you made him leave yet? What other "legal methods" are there to get rid of the guy?

danindublin

FunkyChicken wrote: »

Have you made him leave yet? What other "legal methods" are there to get rid of the guy?

Well all the above are legal. But if you wanted to fully cover yourself you could get a letter from the apts landlord stating that he is transferring the power to request an eviction to you.

Degsy

Get a couple of big lugs to help you throw his gear out on the street,change the lock on the apartment door and tell him if he doesnt dissapear pronto you'll turn the big lugs loose on him.Its your property,he has no rights at all.As for all that bollocks about him having a solicitor..if he has no money for rent you may be sure he has no money for legal fees..let him go to hell.

AARRRGH

danindublin wrote: »

Hey Guys,

Just to clarify and perhaps help anyone in the same position as myself . . .

Spoke to a solicitor yesterday and . . .

Because

* The apartment is in my name only on the lease
* The rent is paid in full by me to the landlord

The apartment is mine and anyone else there is technically my licencee not a tenant. Also this does not count as subletting. The 'lodger' living there is a guest of mine and can be asked to leave with reasonable notice e.g. 10 days, 14 days and is not entitled to statutory notice because he/she is no way covered by accommodation legislation. This also means you don’t have to give a reason which would be required if he/she was letting the room. Beyond the notice period the person is legally trespassing on your property! :eek:

Fantastic. I've often wanted to have a solicitor clarify what the definite situation is.

I've been in your situation a few times (I also rent out a room in the apartment I rent) and it sucks.

Best of luck.

PS On my adverts in daft I now specifically mention if you cannot afford 600 per month, if you cannot afford a deposit of 600, if you will have difficulty paying your rent on time, don't come visit the room... It seems to keep the total losers away...

radioactiveman

let the cnut get a solicitor. Repeatedly fobbing off is just not on.
You could change the lock on the door (with the help of your landlord?) You are 100% ok legally so just ignore him.
if you weigh up the 'terrible inconvenience' for him to simply get another room.... vs the shíte situation he's caused-it's just nonsense on his part