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I can't get tenants out

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    #92
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Victor wrote: »
    Have a poke here:

    http://www.irishstatutebook.ie/2009/en/act/pub/0002/index.html
    http://www.irishstatutebook.ie/2009/en/act/pub/0022/index.html

    I have looked. Where is the section which brought about the amendment to the definintion of a dwelling?

    It simply never happened.

    The case have cited above is still the law. A lease of part of a dwelling whether the owner resides in it or not is not comprehended by the Act as amended. In this case the o/p can change the locks.


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    #93
    senordingdong
    Registered Users Posts: 10,673 ✭✭✭✭senordingdong


    Victor wrote: »
    Its not a lot of your business as to whether someone is pregnant or not.

    Not at first but as stated, what's to stop them brining other family members into the room?
    Or from having more children?

    They are only renting one room, so where do you draw the line at an acceptable number of people living in one room?

    Furthermore, a baby would, and has, discouraged anybody else from renting the other room.


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    #94
    tomcollins97
    Closed Accounts Posts: 951 ✭✭✭tomcollins97


    As the baby is not mentioned in the lease do u not have grounds to evict as you originally let to two people,not three?

    How about renting the second bedroom to a young smoker who likes parties and found music? This would not be good for a family and they will want to move. Draw up a short lease for new tennant,price it cheap and u will have no problem renting the room. Alternatively move back in yourself and u can then remove the other tenants


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    #95
    tomcollins97
    Closed Accounts Posts: 951 ✭✭✭tomcollins97


    OP -did the lease clearly state who and how many persons you were renting the room to? Are there any conditions in the lease that the tenants may have broken?


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    #96
    ztoical
    Registered Users Posts: 4,788 ✭✭✭ztoical


    tomcollins97 wrote: »
    OP -did the lease clearly state who and how many persons you were renting the room to? Are there any conditions in the lease that the tenants may have broken?

    The tenants have stopped paying rent so the LL already has grounds for eviction they just need to make sure they speak with someone who knows tenancy law, get the correct advice and that they follow it to a T.


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    #97
    loyatemu
    Registered Users Posts: 14,920 ✭✭✭✭loyatemu


    if they are on rental allowance they are presumably now entitled to more as they have a child - get them to rent the whole house maybe? They're going to have to find somewhere to live and they presumably don't want to get dragged into a lengthy and acrimonious legal dispute.


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    #98
    pickarooney
    Moderators, Arts Moderators Posts: 35,454 Mod ✭✭✭✭pickarooney


    OP, in your first post you say that the tenants had a 7-month lease (it seems an odd duration, but how and ever) but that you only served notice not to renew the lease a month after the expiration of same. Does this not mean a tacit renewal of the lease for another 7 months? It appears as though their non-payment of rent stems from your ill-advised harrassment of them and accusations of them 'lying' to you about her pregnancy really hold no water - it's ultimately no business of yours nor is there any onus on a tenant to disclose a pregnancy.

    If it's not too late, it might be in everyone's best interest for you to try and resolve this situation amicably with the tenants. They'll be under a lot of stress as it is with a newborn and won't want the hassle of either moving house or legal procedings. Perhaps try and renegotiate a lease for the entire house - their financial situation may have improved slightly vis-a-vis rent/children's allowance or disimproved drastically if one parent is now no longer working?

    Honestly, an approach whereby you show a willingness to compromise (nb, not capitulate) is more likely to work out for you than one where you go in all guns blazing with police, bailiffs or cousins with hurleys.


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    #99
    kranky
    Registered Users Posts: 24 ✭kranky


    I did not harass them or accuse them of lying, that is not how I deal with people but im beginning to think being nice just means you get taken advantage of. They didnt have a huge problem moving out as they themselves said they wanted a proper home for their family and I was giving them 2 months which one would think is more than fair. I printed out out places on daft for them, emailed agents for them and offered to help them move their stuff. I also offered the whole house for rent at a reduced price which they refused...why would they when they had it to themselves anyway. So the approach to show a "willingness to compromise" only works with people who are equally willing to compromise, few and far between I am finding.

    So after all this helpfulness on my behalf, it wasn`t until the day before they were meant to move out did they tell me that they werent going anywhere and up until then they acted like they were moving... and now all of a sudden "Its their home and they`re not going anywhere" Anyway I`ve moved in, had people call over,play my music, keep giving them numbers for agents, txt them constantly about places to rent so they`ve started looking today. I just dont know why they didnt do this 2 months ago and save everyone the hassle.

    PRTB wont do anything for at least 2 months..then they`ll start a process and who knows how long that will take. Threshold only help tennants ( free naturally) but they gave me a number for LL`s who want advise and its 140 euro. Anyway legally you can evict for overcrowding so with 3 adults and a baby and cots and prams around the place, for me is overcrowding!! But then it doesnt matter whats legal if they dont physically leave themselves...but hopefully now it will work out. Fingers crossed.


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    #100
    senordingdong
    Registered Users Posts: 10,673 ✭✭✭✭senordingdong


    kranky wrote: »
    So after all this helpfulness on my behalf, it wasn`t until the day before they were meant to move out did they tell me that they werent going anywhere and up until then they acted like they were moving... and now all of a sudden "Its their home and they`re not going anywhere" Anyway I`ve moved in, had people call over,play my music, keep giving them numbers for agents, txt them constantly about places to rent so they`ve started looking today. I just dont know why they didnt do this 2 months ago and save everyone the hassle
    Sounds like you've been more than reasonable.

    Fair play for taking action without resorting to anything vicious btw.


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    #101
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    if you have moved into the property it is clear that these people are licensees not tenants. You can simply change the locks on the front door.


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    #102
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,377 CMod ✭✭✭✭Pawwed Rig


    Anyone know what section of the act covers tenants who refuse to leave? I need the exact legislation wording


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    #103
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,377 CMod ✭✭✭✭Pawwed Rig


    kranky wrote: »
    being nice just means you get taken advantage of


    That's a fact. :(


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    #104
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Pawwed Rig wrote: »
    Anyone know what section of the act covers tenants who refuse to leave? I need the exact legislation wording

    http://www.bailii.org/ie/legis/num_act/2004/0027.html#partvi-chapix-sec124


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    #105
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Jo King wrote: »
    http://www.bailii.org/ie/legis/num_act/2004/0027.html#partvi-chapix-sec124

    I note this part....
    (3) A person convicted of an offence under this section shall not be sentenced to any term of imprisonment in respect of that offence if he or she shows that the failure to comply with the term or terms concerned was due to his or her limited financial means.


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    #106
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,377 CMod ✭✭✭✭Pawwed Rig


    Jo King wrote: »
    http://www.bailii.org/ie/legis/num_act/2004/0027.html#partvi-chapix-sec124


    Thanks Jo. Much appreciated


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    #107
    cancercowboy
    Registered Users Posts: 195 ✭✭cancercowboy


    You are the property owner and they are renting a room in your home.
    If you rent a room in your landlord's home and live with your landlord, you are not covered by the Residential Tenancies Act 2004.

    They have no rights. Give them written notice that they have x amount of days to vacate the property, that they are no longer welcome. Simple as.


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    #108
    iguana
    Moderators, Entertainment Moderators Posts: 12,916 Mod ✭✭✭✭iguana


    ztoical wrote: »
    No as they already had a lease with the op that has most likely now become a 4 part tenancy it cannot now be changed to a rent room situation.

    As the other tenant recently moved out could the OP get a new tenant for the other room? That heavy metal playing biker friend of a friend of his has been looking for a room for a while.


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