Nightmare Tenant

emcgrath

Hi - was wondering if anyone can advise on a nightmare tenant situation. I have just given a tenant 28 days notice today as she has broken her lease in a number of areas. However I have let this slide over the past year but finally couldnt take anymore as she is a nightmare to deal with (she's living there 1 year and 4 months on a fixed term lease). She is currently up to date with her rent but she was late and I sent her 2 warning letters (2 weeks apart) and the only reason she paid was because her access card for parking broke and I told her I wouldnt replace it until she caught up on rent. She signed the lease for herself and her 3 year old son but unknown to me moved a boyfriend in without permission. She has also done things like wallpaper the bedroom without asking and deducts amounts from her rent without okaying it with me first also had a dog and a bird. When I gave her the letter today she hit the roof screaming at me saying i was a heartless bitch, also demanding her deposit back now as she needs it. When I said you wont get your deposit back till you move out she flipped. Later on she text me saying "This is not the end of this, dont you dare ring my phone ever again" Over the year I have had many abusive texts from her and I just cant cope with her anymore. If she's a day or 2 late with the rent and we ring her she freaks out saying how dare we remind her etc etc. As my husband said today, we have always bent over backwards for her and always so accomadating to her. Anyway, am I entirely in my rights to have given that letter to her?? She pays rent in arrears (she’s on rent supplement but says she works full time and so does her boyfriend) and I know she wont give me anymore rent now. I'm up the wall about this situation. I rang a solicitor today and he thinks I should meet her and agree mutually on a move out date but then I know she will never leave and I've had enough at this stage. Any advise would be greatly appreciated as I know I wont be getting any sleep tonight!!

Gobo Fraggle

Your tennant is receiving a social welfare payment and qualifies for rent supplement to ensure that after paying rent her income does not fall below a minimum level.

Your tennant is been subsidized by the tax payer. Has she informed the relevant authorities about her "live in boyfriend".That will effect her supplement and welfare payment ?

If not. Kick her out . She is Just another sponger / paracite.
Report her to the the relevant authorities.

This link will help you.

https://www.welfare.ie/EN/Secure/Pages/ReportSuspectFraud.aspx

HerbSimpson

Just make sure to do everything by the book and in writing.

http://www.threshold.ie/page.asp?menu=70&page=241

djimi

She has been there for a year and 4 months; was this a one year fixed term lease that she renewed for another year, or has the fixed term expired without another one being signed (in other words, is she still within the bounds of a fixed term lease)?

Was there anything in your original lease expressely forbidding pets such as a dog?

Ill be honest, going on what you have said Id say you have pretty good grounds to evict (repeated late payment of rent and breaking a clause of the lease with the dog, assuming one existed). Just be sure that you follow all procedures properly and make sure that everything you say to her is done so in writing.

djimi

Gobo Fraggle wrote: »

Your tennant is receiving a social welfare payment and qualifies for rent supplement to ensure that after paying rent her income does not fall below a minimum level.

Your tennant is been subsidized by the tax payer. Has she informed the relevant authorities about her "live in boyfriend".That will effect her supplement and welfare payment ?

If not. Kick her out . She is Just another sponger / paracite.
Report her to the the relevant authorities.

This link will help you.

https://www.welfare.ie/EN/Secure/Pages/ReportSuspectFraud.aspx

This isnt particularly helpful advise to be fair. You cant just "kick someone out"; there are procedures that have to be followed when evicting someone. Also, while she can report the tenant if she feels they are breaking the law in some way, I dont believe that on its own is reason enough to evict the tenant.

Gobo Fraggle

djimi wrote: »

This isnt particularly helpful advise to be fair. You cant just "kick someone out"; there are procedures that have to be followed when evicting someone. Also, while she can report the tenant if she feels they are breaking the law in some way, I dont believe that on its own is reason enough to evict the tenant.

She can "kick someone out". if they are not part of the lease agreement and not her tennant. "boyfriend"

in relation to her tennant .Report her 1st. Evict her 2nd. Morally a better eviction.

odds_on

A difficult situation without knowing all the relevant facts.
As djimi asks - was a new Fixed Term lease signed at the end of the first fixed term? Very, very important information required.

What does the lease say about the other people/visitors to the property?
What does the lease say about pets?
For what reason has the tenant deducted "costs" from her rent payments?

She is currently up to date with her rent but she was late and I sent her 2 warning letters (2 weeks apart)

The correct procedure in the event is that you first issue a 14 days notice of rent arrears, if the rent is not paid within the 14 days, then immediately issue a Notice of Termination. There is no advantage in issuing two "warning" notices. Furthermore, if the the "warnings" were not issued in accordance with the law, legally, they will be considered invalid.

Before you can evict a tenant, you must give the tenant "a reasonable time" to remedy any of their breaches of their obligations. Failure to remedy the breach could entail the issue of a Notice of Termination.

However, if the breach does not entail a financial "loss" to the landlord then the PRTB would tend to give the tenant the benefit of the doubt in a case of eviction. Thus, having a "caged bird" in the property would probably not constitute a valid reason for eviction although it is a breach of the tenant's obligations. However, a puppy which is likely to chew the furniture could be a valid reason.

Milk & Honey

odds_on wrote: »

The correct procedure in the event is that you first issue a 14 days notice of rent arrears, if the rent is not paid within the 14 days, then immediately issue a Notice of Termination. There is no advantage in issuing two "warning" notices. Furthermore, if the the "warnings" were not issued in accordance with the law, legally, they will be considered invalid.

This is a Part 4 tenancy so the above is not correct. Notice of breach of obligation must precede the rent arrears notice. There are thus two notices to be served before the notice of termination.

the_syco

emcgrath wrote: »

but unknown to me moved a boyfriend in without permission

Report her for;

living with a partner and claiming One Parent Family Payment, please tell us their address, their partner’s name, when they started co-habiting, the children’s names and ages, and their employment details if relevant.

Report her at;
https://www.welfare.ie/EN/Secure/Pages/ReportSuspectFraud.aspx

emcgrath

Thanks for the advice everyone! There were a few questions so I will try answer them all. She is in the second year of a fixed lease, i.e she signed a second lease for one more year. in the first year of the lease I should have kicked her out as complaints were made against her from other tenants, noise etc. she also got her boyfriend to service her car in the underground carpark which is against management rules. She was fined but I had to pay it first and try get it back from her. I gave her the option to pay in installments 5 or 10 euro every 2 weeks. She made one payment and then constantly made excuses not to pay. After a year of trying to get this money I told her I was deducting it from her next rent payment which i did. Then 2 weeks later she didn’t pay the balance which was now technically late rent (I hope!). I sent her a registered letter saying the rent was now late which she told my husband she tore up, I waited 2 weeks and then sent her another registered letter and still nothing. later that week i refused to give her new access card and then she paid up. re the dog, he was only there 2 days as I made her get rid of it. There is a part in the lease saying STRICTLY NO ANIMALS. She also deducts amounts from the rent without asking and makes up for it the next time, there is also something in the lease not allowing that (its maybe happened 3 or 4 times). Anyway, my concern is she won’t get out. I wanted to use the reporting of the boyfriend as the ace up my sleeve to get her to move but she is a crazy one and flies off the handle, and to be honest she scares me. I spoke to a solicitor friend last night and he seems to think I have done it all by the book. My concern was I didn’t act straight away when she broke the lease but he said that doesn’t matter. One message asked did I give her time to remedy the breaks but some of them no, I suppose I didn’t. If I sent her 2 letters is that not enough? And when I was first suspicious about the boyfriend she outright denied he was living there. Am I not breaking the law by letting him live there?! I feel the only way I’ll get her out is by threatening to report her or threatening to change the locks.

Jarren

Sorry OP

i'ts actually 42 days

Duration of Tenancy Notice by Landlord

Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days
2 years or more but less than 3 years 56 days
3 years or more but less than 4 years 84 days
4 or more years 112 days

http://www.threshold.ie/page.asp?menu=70&page=241

emcgrath

I thought if a lease is broken, only 28 days notice is required.

odds_on

Milk & Honey wrote: »

This is a Part 4 tenancy so the above is not correct. Notice of breach of obligation must precede the rent arrears notice. There are thus two notices to be served before the notice of termination.

To the time of your post, the OP has not given the information as regards the type of tenancy. However, in second post after yours, Post #10, the OP confirms that it is a second Fixed Term lease.

I beg to differ in opinion as to the Notices required when there is an arrears of rent. The only notices required are the 14 days notice and the Notice of Termination, whether the tenancy is a Part 4 or a Fixed Term. And the notice period is 28 days irrespective of how long the tenant has been in occupation.

Can you provide a reference to your claim that a notice of breach of obligations must precede a notice of rent arrears? Surely the 14 days notice does this.

odds_on

emcgrath wrote: »

I thought if a lease is broken, only 28 days notice is required.

You are correct, emcgrath - 28 days notice where the notice of termination is issued due to a breach of the terms and conditions of the lease provided the tenant has been advised of the breach and that the tenant has been given "a reasonable time" to remedy that breach.

In the case of Rent arrears, 28 days notice must be given provided that the tenant has been notified in writing by the landlord that an amount
of rent due has not been paid and 14 days elapse from the receipt of
that notice without the amount concerned having been paid to the
landlord.

Any other reasons for terminating the lease (e.g. landlord selling the property) the notice period must be in accordance with Table 1 of the RTA 2004.

Also there is a 7 day notice period where the tenancy is being terminated by reason of antisocial behaviour or there is a risk to the fabric of the building, physical harm or injury to other occupiers of the dwelling or its neighbours.

I feel the only way I’ll get her out is by threatening to report her or threatening to change the locks.

Do not change locks, cut off any of the services (gas, electricity water etc.) as this will be considered as evicting a tenant and the landlord could be subject to a fine of up to €20,000

Furthermore, threatening to do so would be considered as harassment and should the tenant claim damages for same, can be awarded up to several thousand euros (I think up to 5k)

Milk & Honey

odds_on wrote: »

To the time of your post, the OP has not given the information as regards the type of tenancy. However, in second post after yours, Post #10, the OP confirms that it is a second Fixed Term lease.

I beg to differ in opinion as to the Notices required when there is an arrears of rent. The only notices required are the 14 days notice and the Notice of Termination, whether the tenancy is a Part 4 or a Fixed Term. And the notice period is 28 days irrespective of how long the tenant has been in occupation.

Can you provide a reference to your claim that a notice of breach of obligations must precede a notice of rent arrears? Surely the 14 days notice does this.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ie/cases/IEHC/2007/H243.html&query=canty&method=boolean

the_syco

Does anyone know if the OP can decrease/increase the rent once it's the same as the nearby market?

djimi

the_syco wrote: »

Does anyone know if the OP can decrease/increase the rent once it's the same as the nearby market?

Not in the middle of a fixed term lease you cant. At the end of a fixed term lease you are free to reevaluate the rent, and increase if you see fit (provided it stays within "market value" for renting, basically so long as its in touch with other properties in the area).

the_syco

djimi wrote: »

Not in the middle of a fixed term lease you cant.

Aye, just thought I'd ask.

emcgrath wrote: »

moved a boyfriend in without permission

emcgrath wrote: »

also had a dog and a bird

Instead of going the "rent missing" route, do this;

emcgrath wrote: »

I rang a solicitor today

and go the "tenant broke the lease" route, as I'd say with the "missing rent" route, it'll take longer? Again, clarify it with a solicitor first, and do everything by the book, as she "seems like the sort" who'll ask for an inch, take a mile, but who'll take your house should you do anything wrong.

emcgrath

Thanks odds on, your reply was very helpful. I dont think I would actually change the locks, I am just feeling very frustrated and stressed at the moment and the thoughts of this going to the PRTB and her living there for free while it takes 6 months to resolve gets me so upset. I have decided to write her a letter today to tell her that I am willing to be more flexible about the move out date and give her an extra week or 2, thats it though. I really dont want to cause her grief - I just want her out. We have a very strict manangement company in operation in the complex and they clamp cars all the time. Would it be considered harassment if I told her that her car will be continually clamped if she choses not to leave when she is supposed to? This is something the management company will do if I tell them a car is parked in my space and is not authorized to be there.

odds_on

emcgrath wrote: »

Thanks odds on, your reply was very helpful. I dont think I would actually change the locks, I am just feeling very frustrated and stressed at the moment and the thoughts of this going to the PRTB and her living there for free while it takes 6 months to resolve gets me so upset. I have decided to write her a letter today to tell her that I am willing to be more flexible about the move out date and give her an extra week or 2, thats it though. I really dont want to cause her grief - I just want her out. We have a very strict manangement company in operation in the complex and they clamp cars all the time. Would it be considered harassment if I told her that her car will be continually clamped if she choses not to leave when she is supposed to? This is something the management company will do if I tell them a car is parked in my space and is not authorized to be there.

I would fear that this would be classed as harassment (and could be costly) if you advised the Management Company. However, if they did it of their own accord, no problem.

Be very careful about doing anything over and above of what is required by law. I have been reading the link that Milk and Honey provided re sending the tenant two warning notices before a Notice of Termination. It's heavy going but what I notice is that the landlord and solicitor sent multiple notices and this has confused the issue. I haven't yet found the relevant part that two notices must be issued, though.

the_syco

emcgrath wrote: »

Would it be considered harassment if I told her that her car will be continually clamped if she choses not to leave when she is supposed to? This is something the management company will do if I tell them a car is parked in my space and is not authorized to be there.

It would be considered shooting yourself in the foot if she has a written note from yourself stating that you will harass her. Start the eviction process, and notify the management company what day she stops being a tenant?

odds_on

Milk & Honey wrote: »

This is a Part 4 tenancy so the above is not correct. Notice of breach of obligation must precede the rent arrears notice. There are thus two notices to be served before the notice of termination.

http://www.bailii.org/cgi-bin/markup...method=boolean

I have read and re-read the very interesting judgement. However, I failed to find where a notice of breach of obligations must precede a 14 day notice of arrears.

However, I did find the following to support the common view with which I agree that only a 14 day notice of arrears is required before issuing a Notice of Termination.

Under the section The “B” dispute the following is stated:
The position, accordingly, is that, where a landlord is terminating a tenancy for failure to pay rent, two steps have to be taken to give the requisite period of notice: first, the landlord must notify the tenant that an amount of rent has not been paid and allow fourteen days to elapse from the receipt of that notice; and, secondly, if the amount concerned has not been paid within the period of fourteen days, the landlord must give the tenant 28 days notice of termination. In my view, the landlord properly implemented both steps.

Milk & Honey

odds_on wrote: »

I have read and re-read the very interesting judgement. However, I failed to find where a notice of breach of obligations must precede a 14 day notice of arrears.

However, I did find the following to support the common view with which I agree that only a 14 day notice of arrears is required before issuing a Notice of Termination.

Doesn't look like you did too much reading.

"While compliance with s. 67(2) and (3) was all that would have been required to terminate a tenancy to which Part 4 did not apply, it was not all that was required to terminate a Part 4 tenancy, because s. 57(b) provides that the requirements set out in Part 5 for valid termination of a tenancy are “in addition to the requirements” of Part 4 with regard to the termination of a Part 4 tenancy.
It was held by the Tribunal on 27th January, 2006 that the applicant held under a Part 4 tenancy. Such tenancy could only have been terminated in accordance with s. 34. Where a landlord is terminating in reliance on failure of the tenant to comply with any of his obligations, other than failure which in general terms amounts to anti-social behaviour, to come within ground 1 of the Table in s. 34, the following conditions stipulated in that ground must be complied with:
“(a) the tenant has been notified of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and
(b) the tenant does not remedy the failure within that specified time.”

In my view, the provisions of the Act of 2004 for the valid termination of a Part 4 tenancy for non-payment of rent are very technical and confusing. It is difficult to understand why, in relation to non-payment of rent, the notification required by para. (a) of ground 1 in s. 34 could not have been made co-terminous with the notification under s. 67(3). As it has not been, it seems to me that prudence dictates that a landlord invoking ground 1 should serve notice in the form required by para. (a) on the tenant allowing at least fourteen days for remedying the breach, that is to say, discharging the outstanding rent, although, on the facts of a particular case, that period might not constitute a “reasonable time” within the meaning of para. (a).