Problem With Tenants

Wizard007

Hi,

I don't know is this the right place to put this or not ( Mods, feel free to move it )

Can anyone answer this question? Say I have tennants in a house and they have not paid their rent in three months. I know they will be out of the house for a period of time in the next few weeks - do I have the right to go in and pack their belongings, put it in storage and evict them? I really so do not want to do this. I just want to know what rights a landlord / landlady has?

Thank you

Random

You might have better look in this forum
http://www.boards.ie/vbulletin/forumdisplay.php?f=38

Wizard007

Yeah, true. Thanks a mil

Wizard007

Hi,

Can anyone answer this question? Say I have tennants in a house and they have not paid their rent in three months. I know they will be out of the house for a period of time in the next few weeks - do I have the right to go in and pack their belongings, put it in storage and evict them? I really so do not want to do this. I just want to know what rights a landlord / landlady has?

Thank you

dudara

Moved to Accomodation & Property

dudara

foggy_lad

is there a lease? have you sent letters demanding the rent and arrears? what steps have ytou taken to get the rent that is owed? you should take the details to a solicitor and start eviction proceedings against them but this can take a long time especially if they seek free legal aid.

if you brek in while the tenants are out you will be breaking the law but at the end of it you will have possession of the property but leave yourself open to being sued by the tenants who will most likely win and be awarded thousands in compensation, so the best way is the legal route.

Wizard007

Hi,

Yes, a twelve month lease agreement that is up next month.
I really do not want to break in, I don't want to put them in the position of comming back and having no home and also I had some idea that the law might be on their side, but I didn't know to what degree. I just need to know what my rights are or if anyone here was in this position previously, if so what have they done to resolve it?

Gonzales

If I was you & no effort had been made to make payments I'd cut off the power & water supply & stink bomb the place- 'eff 'em its your place!

Stand up for yourself! Too much of this S***e going on nowadays.:mad:

RentDayBlues

If the lease is up next month - serve them with notice to leave due to end of tenancy. This is the best route - you will not get your money back but you will legally end the tenancy and get them out. If they do not leave you will then have to go about eviction proceedings

chinapples

Why have you let them off with not paying rent for 3months in the first place?
I cannot see how you think that you have no right in evicting them if you have not received payment from any of them in 3months?
I would address them with a solicitors letter seeking payment for the previous 3months and then give notice of eviction?

Xiney

If you do what you are suggesting, you are opening yourself up to a lawsuit for unlawful eviction, which will cost you 10 grand.


What you should have done three months ago is the following: inform them that if rent is not paid in full in 14 days of this notice, you will be giving them 28 days to vacate. This is how you evict someone legally. Anything else and you're breaking the law.

Now it's been 3 months but that's your own fault for not acting sooner. You still have to give them 14 days to pay the rent in full, now. And then you can give them 28 days notice. Same as before except you're out more rent since you didn't do anything for three months, and that's not anyone's problem but your own.

Xiney

RentDayBlues wrote: »

If the lease is up next month - serve them with notice to leave due to end of tenancy. This is the best route - you will not get your money back but you will legally end the tenancy and get them out. If they do not leave you will then have to go about eviction proceedings

he can't do that - once a tenant has been living somewhere for 6 months the tenant is entitled to part 4 tenancy regardless of a 12 month lease ending.

Wizard007

Ok, I'll take the above into consideration. Thank you for your advice.

anoisaris

Xiney wrote: »

If you do what you are suggesting, you are opening yourself up to a lawsuit for unlawful eviction, which will cost you 10 grand.


What you should have done three months ago is the following: inform them that if rent is not paid in full in 14 days of this notice, you will be giving them 28 days to vacate. This is how you evict someone legally. Anything else and you're breaking the law.

Now it's been 3 months but that's your own fault for not acting sooner. You still have to give them 14 days to pay the rent in full, now. And then you can give them 28 days notice. Same as before except you're out more rent since you didn't do anything for three months, and that's not anyone's problem but your own.

If the landlord has an immediate family member that can move in to the property or intends to refurbish (which may be a good idea) can't he do so and service notice fro eviction in 35 days?

"Terminating a tenancy

Your landlord must always give you notice when asking you to leave. (Read more under 'Notice periods' and 'Notice of termination', below.) Landlords can ask tenants to leave without giving a reason during the first six months of a tenancy. Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:

• After 3 and ½ years
• 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).

You should note that if your landlord evicts you for a specific reason and subsequently does not carry out the intention (e.g. to live there him/herself) you can report him/her to the Private Residential Tenancies Board (PRTB). The PRTB will investigate your claim and take further action as appropriate. "

Xiney

But if he gets caught not using it for the new purpose, he'd be liable once again for the unlawful eviction suit. 10 000 euro, gone.

I think evicting them legally for non-payment of rent is likely to cost him less than refurbishing the property would. And he will be entitled to keep their deposit for "rent arrears" if they don't pay up - which would have meant if he'd acted sooner he would have only been out two weeks' rent. It's actually not such a bad system if you follow it correctly.

Calina

Xiney wrote: »

he can't do that - once a tenant has been living somewhere for 6 months the tenant is entitled to part 4 tenancy regardless of a 12 month lease ending.

Tenant is supposed to tell landlord at the end of those six moths that they want a part 4 tenancy.

Wizard007

Xiney wrote: »

But if he gets caught not using it for the new purpose, he'd be liable once again for the unlawful eviction suit. 10 000 euro, gone.

I think evicting them legally for non-payment of rent is likely to cost him less than refurbishing the property would. And he will be entitled to keep their deposit for "rent arrears" if they don't pay up - which would have meant if he'd acted sooner he would have only been out two weeks' rent. It's actually not such a bad system if you follow it correctly.

Yes, I do agree with you, but it was a case of they'll have the rent next week etc etc and I just gave them a break as much as I could but it's got to the stage where it's taking the p**s a small bit. I just didn't expect all this from them.

Previously when selling a property and rang the tennant, told him I needed him out with-in four weeks if possible, he said no problem and off he went.

Anyway, I'll take the advice given above, give notice in writing and see what happens. Thanks again.

Xiney

Calina wrote: »

Tenant is supposed to tell landlord at the end of those six moths that they want a part 4 tenancy.

They don't have to - it's automatic.

Xiney

Wizard007 wrote: »

Yes, I do agree with you, but it was a case of they'll have the rent next week etc etc and I just gave them a break as much as I could but it's got to the stage where it's taking the p**s a small bit. I just didn't expect all this from them.

I'd just chalk it up to a learning experience. I know it must hurt because you trusted them. But next time, accept their "we'll have it by next week" but give them a letter in writing anyway that if you don't have it within 14 days of the date, blah blah you get it at this point I'm sure

Anyway. Fool me once, shame on you. Fool me twice, shame on me, and all that.

chinapples

you must have money to burn if you have let the problem go this far!!

foggy_lad

Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:

* After 3 and ½ years
* If the tenant does not comply with the obligations of the tenancy

according to this there may be hope as the tenant is surely not complying with the most important obligation of the tenancy by not paying rent? i would give them notice and sort out getting an eviction order while waiting for the months notice to end just in case they do not leave.