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How to go about evicting a tenant?

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  • 30-01-2011 6:05pm
    #1
    forestfruits
    Registered Users Posts: 572 ✭✭✭


    Any advice greatly appreciated - I have a house rented to a tenant through the ras scheme for nearly two years now. I gave a verbal warning early in the tenancy where neighbours were complaining about noise. A few months later noise again and I followed up with a written warning. Many months have gone by without incident or complaint and today I was informed by neitghbours that all hell broke lose. Long story short, they have ruined what was once a quiet estate and I need them out.

    How do I go about eviction? Is notice required as all complaints have been for anti social behaviour? Will the council be of any help or is it between myself and the tenant?


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    #2
    faw1tytowers
    Closed Accounts Posts: 486 ✭✭faw1tytowers


    I believe you need a court order... for an eviction notice?


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    #3
    forestfruits
    Registered Users Posts: 572 ✭✭✭forestfruits


    I was hoping for quick and painless!


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    #4
    pooch90
    Registered Users Posts: 2,380 ✭✭✭pooch90


    As far as I know there is a notice period of 7 days for eviction on the grounds of Anti-social behaviour. Look up the residential tenancies act 2004 and threshold website.


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    #5
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    Can you do that if it's a RAS property though? I thought the council took over most things if it was RAS?


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    #6
    KayTee
    Registered Users Posts: 223 ✭✭KayTee


    Have the council entered into an agreement with you for rental of the property? I would contact them in that case


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    #7
    forestfruits
    Registered Users Posts: 572 ✭✭✭forestfruits


    I have a sneaking suspicion that I have to do the actual breaking of tenancy. With any of the issues so far its been up to me to sort it out. I will find out for sure when I call tomorrow but hopefully they can take an active role.

    Kaytee its an agreement between all three parties but I still have to deal with the tenant as landlord- the council just pay rent


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    #8
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    This is the problem with RAS. You don't get to choose the tenants, but it's your problem.

    I would find whomever you were dealing with in the Council at the beginning and talk to them. If you go looking for a court order it might make things easier to have their support. They might also take some responsibility for the mess. They will have to pay you one month's rent for compensation, it depends on your RAS contract.

    You will really need legal advice on this. You need to move very quickly to get the notice periods underway.


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    #9
    ted1
    Registered Users Posts: 23,515 ✭✭✭✭ted1


    because they are there two years they have got good rights and gut won't be easy.


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