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Tenant gone AWOL

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  • 25-11-2009 7:59pm
    #1
    mozattack
    Registered Users Posts: 1,908 ✭✭✭


    To all,

    A friend of a friend has an apartment which is let to a guy for 12 months. No lease as the letting is quite informal. There was no problems, he paid a months deposit and a months rent up front.

    The management company call the landlord to say that they heard that the apartment for unusual purposes (i.e. a place for men and women to meet etc!). My mate said it to the tenant and he denied it and it seemed like nothing was going on, there was food in the flat and it was like the tenant was actually living there.

    3 weeks later the rent is due and it is not paid. The rent is now 2 weeks late, the tenants mobile is off or gone and my mate doesnt know what to do. The rent is two weeks late but he paid a months deposit and a months rent up front...

    He is worried about calling in and checking out the place without permission but equally would like to know what is going on. He left a note in the door 3 days ago and it is obvious that no-one has been back since...

    Any advice for the guy, I said i will post it here 'cos he doesnt have broadband...

    Thanks


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    #2
    GerardKeating
    Registered Users Posts: 7,649 ✭✭✭GerardKeating


    mozattack wrote: »
    To all,

    A friend of a friend has an apartment which is let to a guy for 12 months. No lease as the letting is quite informal. There was no problems, he paid a months deposit and a months rent up front.

    The management company call the landlord to say that they heard that the apartment for unusual purposes (i.e. a place for men and women to meet etc!). My mate said it to the tenant and he denied it and it seemed like nothing was going on, there was food in the flat and it was like the tenant was actually living there.

    3 weeks later the rent is due and it is not paid. The rent is now 2 weeks late, the tenants mobile is off or gone and my mate doesnt know what to do. The rent is two weeks late but he paid a months deposit and a months rent up front...

    He is worried about calling in and checking out the place without permission but equally would like to know what is going on. He left a note in the door 3 days ago and it is obvious that no-one has been back since...

    Any advice for the guy, I said i will post it here 'cos he doesnt have broadband...

    Thanks

    Kind of Catch-22, if the tenant has truly abandoned the property, the landlord can enter and take possession, but unless your mate enters, he cannot know for sure.

    Check with the PTRB (assuming the tenancy is registered) the landlord does have a right to inspect the property provided notice is given in advance and the previous note left might fit the bill for the required notice.


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    #3
    Kipperhell
    Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    Send a register letter to the property requesting contact call personally and leave a letter too. No response in a week enter the property and assume vacant possession. You are allowed call to a tenant but not insist on entry. Being extra safe would mean leave it a month from the letters as somebody could easily be a way a week or two.


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    #4
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    There are specific rules in the statute about how long you have to wait before the landlord can consider the premises abandoned. A visit to the solicitor is on the cards for your friend's friend.


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    #5
    drusk
    Closed Accounts Posts: 134 ✭✭drusk


    1. The tenant has not paid the rent.

    2. There have been complaints about said tenant.

    3. The tenant will not respond to efforts to communicate.

    4. The tenant did not sign a contract.


    Leave it a week or two until the rent is one month late. As one poster said, the tenant may have gone on holidays and forgotten to pay rent, or may have some other reason. If there's no communication in a month however, then there's no excuse whatsoever.

    I assume your friend has a key to the apartment? If so, I think he should go in, put all of the tenant's belongings into thick black bags, leave them outside the front door, and change the locks.

    Your friend owns the apartment - not the tenant. Without a contract/lease agreement, your friend has every right to take control of his possession.


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    #6
    bugler
    Registered Users Posts: 3,436 ✭✭✭bugler


    Drusk, what you state may sound like common sense (to you), but the law and common sense are not always well acquainted. You have to be very careful when entering a premises as a landlord, rent paid or not. Equally, despite no lease being in place there are statutory obligations for both LL and tenant, it isn't some sort of free for all.

    The latter part of your post especially is horribly inaccurate in a legal sense. The absence of a written contract isn't all that relevant, there are loads of lettings without one.

    Giving written notice is essential, for either eviction or inspection (assuming you can't get them on the phone). With a bit of luck the tenant has bolted and no damage is done, your friend can take possession of the place back and re-let it and chalk it down to experience. However the taking back part or determining where they are is important, and should be done only having taken expert advice.


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    #7
    Kingkong
    Registered Users Posts: 562 ✭✭✭Kingkong


    Feck that, go into the place and check it out. Hes paying the damn mortgage. For all you know they could be gone cause the place got trashed.


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    #8
    GerardKeating
    Registered Users Posts: 7,649 ✭✭✭GerardKeating


    mozattack wrote: »
    To all,

    A friend of a friend has an apartment which is let to a guy for 12 months. No lease as the letting is quite informal. There was no problems, he paid a months deposit and a months rent up front.

    The management company call the landlord to say that they heard that the apartment for unusual purposes (i.e. a place for men and women to meet etc!). My mate said it to the tenant and he denied it and it seemed like nothing was going on, there was food in the flat and it was like the tenant was actually living there.

    3 weeks later the rent is due and it is not paid. The rent is now 2 weeks late, the tenants mobile is off or gone and my mate doesnt know what to do. The rent is two weeks late but he paid a months deposit and a months rent up front...

    He is worried about calling in and checking out the place without permission but equally would like to know what is going on. He left a note in the door 3 days ago and it is obvious that no-one has been back since...

    Any advice for the guy, I said i will post it here 'cos he doesnt have broadband...

    Thanks


    any update???


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