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Tenant move out - doesn't tell Landlord

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  • 08-03-2012 5:52pm
    #1
    Sunny Dayz
    Registered Users Posts: 5,377 ✭✭✭


    My dad has a rental property about an hour and half drive away from his homeplace.
    He found out last week from a friend who also has a rental property in the same location that his own property looks vacant and the tenant seems to have left!
    My dad check his bank account - no rent paid in since start of this year.
    Himself & my mum went to the property over the weekend and had to scrub from top to bottom, mould & dirt etc.
    I'm just wonder where does my Dad stand on this matter? The property was left unoccupied for at least two months without his knowledge.
    I don't know if he is registered with the PRTB, or if the tenant paid a deposit. As far as I know he was letting it himself, not through a letting agency. I would imagine the tenant is now long gone and uncontactable.


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    #2
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    He could chase up the rent, but it may not be worth the time and effort. Did he take any photos of what the place looked like before he cleaned it? Otherwise the tenant could say that it was fine when they left it...


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    I could ask what kind of lease the tenant had etc but onsidering the costs involved and the potential return its probably not worth his while persuing the tenant tbh. If the tenant bailed on a fixed term lease then technically he can persue the tenant for the amount due on the remainder of the lease. Finding and then persuing the tenant could prove time consuming and expensive though.

    Also, if he is not registered with the PRTB then he would do well to say nothing and as it is a legal requirement to register your property with the PRTB and he could face a fine.


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    #4
    Sunny Dayz
    Registered Users Posts: 5,377 ✭✭✭Sunny Dayz


    I'd say he's most likely registered with the PRTB - he wouldn't be able to claim his loan interest as an expense against rental income otherwise.

    I doubt he took any photos, I'm afraid he wouldn't think of that to be honest!


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    #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Although the tenant "appears" to have vacated the property, be very careful.

    You father is probably in breach of the tenants rights by entering and cleaning the property. If he changes the locks (because the tenant still has keys) he could be liable illegal eviction - this could cost him up to 20,000 euros.

    Although the tenancy may appear to be terminated (i.e. vacated and without a written Notice of Termination) the Landlord must follow the law regarding gaining possession - i.e. issue a valid Notice to Terminate. In this case, it can be done via a notice of arrears of rent followed swiftly by a NoT. Only then is your father legally entitled to enter the property.

    It was your father's responsibility to watch that the rent was paid on time. If he had, he would probably have gained legal entry by now.


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    #6
    goat2
    Registered Users Posts: 4,939 ✭✭✭goat2


    since he was not paid since start of year, and the tenant is at the moment untraceable, his house falling into ruin, i think i would come down on the side of landlord, and as for getting backpayment, did he write a letter for this person, when if they applied for rent allowance, if so, he can get on to socail welfare and inform them of this, as it would be his money they would be spending


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    #7
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Tell him for a fee you'll manage the place since hes obviously not doing it.


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    #8
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    just to point out most tenants dont just up and leave for no reason

    most of the time its due to a landlord who doesnt take responsibility for mending things in a timely manner, or renting out such shoddy properties and expecting unreasonable rents and tenants only truly find out how crap a property is by living there sometimes its very hard to judge by a viewing

    im not saying you father is one of the cowboys but I know I have rented for 12years now and some of the standards are just laughable and I doubt a Landlord would actual ever live in some of the shambles I have had rented to me

    thankfully I am living in a decent house now however my Landlady is very slow to do anything and is extremely forgetful which is now starting to grate on me but hey nothing is perfect


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    #9
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    If there dampness in the walls of the flat?

    Why was there mould?

    Is there a serious problem here that goes beyond cleaning?

    Just something to think about it


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    #10
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Sunny Dayz wrote: »
    had to scrub from top to bottom, mould & dirt etc.
    I agree with mikemac1: how long was said mould there before the tenant moved out, and how bad was it during the winter? Ask you dad to see if the tenant contacted him at all, and what was his response: what he doesn't say may explain alot.


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    #11
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Mould can often be a ventilation issue rather than damp. As such Mould tends to come and go with tenants in my experience. Some have no problems with it, some have endless problems with it.


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    #12
    nxbyveromdwjpg
    Closed Accounts Posts: 4,402 ✭✭✭nxbyveromdwjpg


    Obviously its the landlords fault the tenant left him high and dry and ripped him off for a couple of months rent. Sure isn't it his greedy type that ruined the country?
    Welcome to Accommodation & Property :rolleyes:


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    #13
    theg81der
    Closed Accounts Posts: 1,644 ✭✭✭theg81der


    I`d say what they probably did was used the deposit as the last months rent and left then. Maybe they had some concern that they would have problems getting the deposit back.


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    #14
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    theg81der wrote: »
    I`d say what they probably did was used the deposit as the last two months rent and didn't want to clean the place....

    Corrected that for you ;)


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    #15
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    No disrespect to your old lad but he wasn't on the ball and will have to chalk this one down to experience.
    Checking rental income is probably, if not, the most basic exercise in being a landlord.


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    #16
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    And that about sums it up. A cheap lesson to run it like a business not a hobby.

    You're lucky they didn't destroy the house or put some criminal squatting in it. Which could cost you tens of thousands.

    Sure report them, but my experience you'll get no where.


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    #17
    theg81der
    Closed Accounts Posts: 1,644 ✭✭✭theg81der


    BostonB wrote: »
    Corrected that for you ;)

    Em...no because Op said they moved out a good while, they couldn`t have known landlord wouldn`t have realise for that long and mould and stuff would not indicate that it was lack of cleandliness rather poor housing conditions. Not judging either way just setting you straight on what I would think happened. None of us really know so its all speculation!


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


    I was pointing out the humour in that despite all the facts being against the tenant, all the speculation is against the Landlord despite the LL being the one owed money.


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    #19
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    The OP mentioned dirt. Hence I say they didn't clean it. I wasn't referring to the mould. Incidentally mould isn't do do with cleanliness. its either a damp problem, but more usually ventilation. However the OP mentioned nothing about the standard of the property so "poor housing conditions" is pure negative speculation.


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    #20
    JMJR
    Registered Users Posts: 155 ✭✭JMJR


    Presumably there was no evidence of any of the tenants personal belongings being there, else the tenant could for instance be ill elsewhere or in hospital even.



    Sunny Dayz wrote: »
    My dad has a rental property about an hour and half drive away from his homeplace.
    He found out last week from a friend who also has a rental property in the same location that his own property looks vacant and the tenant seems to have left!
    My dad check his bank account - no rent paid in since start of this year.
    Himself & my mum went to the property over the weekend and had to scrub from top to bottom, mould & dirt etc.
    I'm just wonder where does my Dad stand on this matter? The property was left unoccupied for at least two months without his knowledge.
    I don't know if he is registered with the PRTB, or if the tenant paid a deposit. As far as I know he was letting it himself, not through a letting agency. I would imagine the tenant is now long gone and uncontactable.


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    #21
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    JMJR wrote: »
    Presumably there was no evidence of any of the tenants personal belongings being there, else the tenant could for instance be ill elsewhere or in hospital even.

    Its a good point. The LL should send all the letters to give proper notice regardless. I also would not throw anything out if anything is found. I read a case before on the PRTB where a LL cleaned out an apartment that seemed abandoned for a lengthy period of time. The tenant game back claiming for a bunch of stuff that had been removed. Despite having no records or receipts of the stuff claimed for, the LL had to pay the tenant something for it.


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