Determination order from PRTB

none2

Tenant overholding , rent arrears - had ajudication - agreement signed that they would leave house/ pay rent arrears 7 days after the issue of the determination order
We have received the determination order by post.
If the tenant claims she has not received a copy , where do i stand?? Is the determination order still valid f she denies getting it.
We have set a date and time for her to move out - she is ignoring us.
If we go over to the house on the set date and time and tenant does not answer door can we enter the house with the garda
I would really appreciate your advice

Ortiz

Visit the property and change the locks - You'll have the determination order to back up your actions

mvt

Don't do anything until you are 100% legally sure of your actions.Best to get legal advice and proceed accordingly.
Some people on the interweb have the habit of saying the first thing that comes into their head :rolleyes:

none2

thanks for advice i willask solictor

Ciara22

Do not change the locks under any circumstances. You will be responsible for illegal eviction and may end up owing the tenant compensation.

Unfortunately for you, the tenant can actually legally ignore the determination order and continue living at the property until the case is escalated to the civil court.

If the tenant is still living there after the expiry date of the determination order, you need to notify the PRTb who will enforce the order through the courts.

Please bear in mind that this process can take a VERY long time, up to 2 years in some cases.

Ridiculous of course but thats landlord/tenant law for you.

Merch

Look if they are not budging, dont change the locks, do it officially. Maybe you can encourage them out somehow?? maybe a slight financial incentive, it sounds crap, but it might save you money in the longer term, you get them out sooner then they might on their own accord
OR
you could just do everything by the book, take pictures of everything like damage, do detailed inspections. If they built up a big debt to you they would still be legally obliged to pay up, I'm not sure how that would be enforced but I imagine you could get a judgement against them,whether that would affect them or not I dont know, or how much it would cost or how long it would take to recover any debt.

you could ask them why they have not vacated the property as you need to let it to paying tenants, if they are having an issue perhaps you can help them but if they refuse tell them you will go with the full strength of the law, if you get a judgement against them tell them they will not be able to get credit ie cards/loans/car or otherwise (likely including credit union) which I believe would be the case unless someone can confirm what having a judgement against you means.

Victor

none2 wrote: »

If the tenant claims she has not received a copy , where do i stand??

Make a copy, drop it over personally.

Merch

Victor wrote: »

Make a copy, drop it over personally.

Or registered post

Is a determination order an order for the tenant to vacate or an eviction order?
Orders to vacate the property can be served as per the lease, usually by hand, reg post or nailed to the door and cannot be removed by the tenant

Victor

Merch wrote: »

Is a determination order an order for the tenant to vacate or an eviction order?

As I understand it, it is merely a decision, not an order.

Merch

I'd look into following that up with an eviction notice and see how that is done OP, a tenant will still be required to pay or at least owe the money, they cant just walk away from it.Whether they can pay or not is a different story, and if thats the case extracting it from them might be difficult, if its a large sum it might be worth paying to get a judgement against them so that it F's them up for loans in the future.
Id be letting them know this as some people think foolishly that they can just walk away.
Unless you offer them a help out to get out! get them to sign they agree to leave
AND then scam them lol

Are you aware of their circumstances? do they work? if not can they get assistance to pay the rent? at least in the meantime?

I hope the utilities are in their name?

Keep records of all correspondence and attempts at communication and their acknowledgement or lack of to any contact, keep records of all reg letters sent, phone calls, texts.
Keep it legal or they might have you over a barrel, maybe they are trying to goad you into an illegal eviction so they can get payed off legally.
Sounds like **** situation.

I'd like to think people like this will get their comeuppance, not so sure though.

Give us some more details OP

Jo King

Victor wrote: »

As I understand it, it is merely a decision, not an order.

It is an order. It can be enforced as a court order. Disobeying it is a criminal offence.

kdowling

unfortunately the law is ridiculous weighted in favour of the tenant in these situations. There are plenty of examples of this situation on boards and all the advise is that you cannot do anything, cannot change locks etc.

this is just an idea and may be completely illegal also but here goes!
could you get together friends and have them move in for a week alongside them, then other friends to move in the next week etc etc all of whom would make it impossible to live with and force them out that way???

none2

Victor wrote: »

Make a copy, drop it over personally.

Did that the other night

none2

the tenant already signed an agreement at the adjudication - that is what the determination order is baseds on . She signed to say once order was issues she would vacate property and pay all monies owed wihin 10 days of the issue of the order,
I will seek solictors advice and if she does not abide by order then its the court ,
None of us can afford to keep tenants for free - some tenants know how to work the system . This tenant has the ability to pay but refuses

none2

If tenant does not comply with order then it becomes a criminal offence ..It is the court that will enforce the order

Merch

Sound like you should get legal advice from a solicitors, ask them but maybe a letter demanding payment/costs.
I'm sure they should know better than people can advise here.

If they have the ability, am I assuming correctly they are working?

none2

yes i will talk to solictor. Yes she is working so has the ability to pay