Private Rented Shared Accomodation "Disruptive tenant notice"

Snazzy_Chazzy

So i have a really disruptive tennant that has been told to leave within a reasonable time frame but he is big time stalling. He is really disrupting the house and all the house mates and we need him to go. Its my private house, with 3 other lovely tennants he is saying he has no where to go. What are the legalities here can i just call the police and have him thrown out? He has been told 3 days ago to find alternative accomodation asap but has just locked himself up in the room sayin he is doing his best to find a place but cant. We are all fed up with him. Any advice??:mad: He does not want to go as he is on rental allowance saying he cant find anywhere else for at least 2 months and has no deposit etc. His drunk mate just broke a front window also
He is owed no deposit he actually owes me over 1k in money also

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Renting a room in your landlord's 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.

Does this mean i can in effect ask him to leave whenever i like? I would of let him stay 2 weeks or so but he is intolerable

Victor

If the window was broken in any way deliberately or wantonly, consider pressing charges for criminal damage.

If you own this house and live there, he is a lodger and only entitled to reasonable notice. While in ordinary circumstances, this would mean notice equal to the payment period (1 week notice if rent is paid weekly, 1 month notice if rent is paid monthly) in cases of severe anti-social behaviour 'reasonable' becomes much shorter. Severe anti-social behaviour - violence, threats, substance abuse, theft, deliberate damage to the property, etc. would mean 'pack your bags you've an hour to leave' to most people. I'd be slightly more generous with simple failure to pay rent, failure to moderate excessive noise / behaviour, etc.

I would suggest that you put in writing to him (get a witness of possible) that he is to leave by Monday night - this means he can go to the Community Welfare Officer to get help on Monday morning. If you want, feel free to visit the CWO and mention that you are owed rent.

In the meantime, ban all visitors, unless they are actively helping him to move out.

Your home is your castle.

steddyeddy

Snazzy_Chazzy wrote: »

So i have a really disruptive tennant that has been told to leave within a reasonable time frame but he is big time stalling. He is really disrupting the house and all the house mates and we need him to go. Its my private house, with 3 other lovely tennants he is saying he has no where to go. What are the legalities here can i just call the police and have him thrown out? He has been told 3 days ago to find alternative accomodation asap but has just locked himself up in the room sayin he is doing his best to find a place but cant. We are all fed up with him. Any advice??:mad: He does not want to go as he is on rental allowance saying he cant find anywhere else for at least 2 months and has no deposit etc. His drunk mate just broke a front window also
He is owed no deposit he actually owes me over 1k in money also

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

Renting a room in your landlord's 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.

Does this mean i can in effect ask him to leave whenever i like? I would of let him stay 2 weeks or so but he is intolerable

I agree you were right to get rid of him but 3 days eviction notice is like something from the days of the famine, Landlords home or not. I have seen landlords take advantage of this loophole only for it to backfire so I would be careful being ruthless about human rights.

The gaurds sometimes dont want to know about private tenancy problems a lot of the time. Thats no slight on them just what I was told when trying to get rid of a problem tenant when I was acting landlord in a property.

Was your property advertised as landlord occupied?

not even wrong

Snazzy_Chazzy wrote: »

He is really disrupting the house and all the house mates and we need him to go.

What exactly does "disrupting the house" mean? Is it just noise/untidiness/unsociability or are we talking about stuff like physical intimidation/drug abuse/theft that would give you a serious concern for your own safety?

someuser905

3 days notice
now you want to "call the police and have him thrown out"


excellent

Snazzy_Chazzy

Well gave him a few weeks to sort himself and he aint budging !
He is "doing everything in his power to move" But he has no where to go and no deposit and no-one wants rent allowance. The date I set for him he "hopes" he can be gone by then but cant guaruntee as its out of his hands and there is nothing he can do. He seemingly has no family or friends who can loan him a couch for a few weeks either! All very suss

the_syco

Snazzy_Chazzy wrote: »

All very suss

Tell him he has until Tuesday to get out of the house. If he's still there on Wednesday, call the police and report him for trespassing?

Snazzy_Chazzy

the_syco wrote: »

Tell him he has until Tuesday to get out of the house. If he's still there on Wednesday, call the police and report him for trespassing?

would i need any sort of legal doumentation for the police to say i own the house? This guy is basially making it my problem he has no other accomodation.
Just for the record there is no signed paper work or contracts to associate himself to this house apart from the RAS info i filled in for rent allowance

Snazzy_Chazzy

steddyeddy wrote: »

I agree you were right to get rid of him but 3 days eviction notice is like something from the days of the famine, Landlords home or not. I have seen landlords take advantage of this loophole only for it to backfire so I would be careful being ruthless about human rights.

The gaurds sometimes dont want to know about private tenancy problems a lot of the time. Thats no slight on them just what I was told when trying to get rid of a problem tenant when I was acting landlord in a property.

Was your property advertised as landlord occupied?

Was indeed advertised as landlord occupied owner occupier.

odds_on

Originally posted by Victor. Severe anti-social behaviour - violence, threats, substance abuse, theft, deliberate damage to the property, etc. would mean 'pack your bags you've an hour to leave' to most people.

I would agree with Victor here.

As it would appear that he has already had ample time to move out, you could change the locks/lock him out so that he cannot regain entry when he has gone out to buy food/look for somewhere else.

As this is your own home, you set the rules and time limits. He is only in your house under licence and when you withdraw the licence he must leave. This might seem harsh to some people, but if he wants more security then he should look for somewhere that he is a tenant with a lease.

Snazzy_Chazzy

Thought about lock thing but he is the type of guy that would cause a major scene if locked out. I spoke with him again and re-iterated his move out date. Fingers crossed!

Snazzy_Chazzy

So after 3 weeks the move out date is 1 week away. Again I called him today and he has no option but to stay until he can get the deposit for a new place. Which could be up to 6 weeks. Can i call the police or how can i get this guy shifted.

Zamboni

You have already received the correct advice in post 2.
You are a pushover and your tennant knows this.

the_syco

Snazzy_Chazzy wrote: »

So after 3 weeks the move out date is 1 week away.

One week away? LOLs. See post two, or post back here in one week one day when he doesn't move out.

As another poster has said, he sees you as a pushover, and I doubt he'll move out when you ask so nicely.

Snazzy_Chazzy

the_syco wrote: »

One week away? LOLs. See post two, or post back here in one week one day when he doesn't move out.

As another poster has said, he sees you as a pushover, and I doubt he'll move out when you ask so nicely.

And he is gone.......


My patience ran out, He again refused to go. I demanded the key and told him it was over. Elvis has left the building THANK GOD. Ill need to toughen up!

athtrasna

Snazzy_Chazzy wrote: »

Ill need to toughen up!

And change the locks!

the_syco

athtrasna wrote: »

Snazzy_Chazzy wrote: »

Ill need to toughen up!

And change the locks!

Aye, just in case he forgot anything.

Like your TV...

The_Conductor

steddyeddy wrote: »

I agree you were right to get rid of him but 3 days eviction notice is like something from the days of the famine, Landlords home or not. I have seen landlords take advantage of this loophole only for it to backfire so I would be careful being ruthless about human rights.

The gaurds sometimes dont want to know about private tenancy problems a lot of the time. Thats no slight on them just what I was told when trying to get rid of a problem tenant when I was acting landlord in a property.

Was your property advertised as landlord occupied?

You're incredibly fast to be slinging hyperbole around........

First off- once the owner of the property is living in the house/apartment/dwelling- he or she is *not* a landlord. Calling him or her a landlord is factually inaccurate.

Secondly- those folk who take rooms or house share with him- are *not* tenants- they are living with him 'under licence'.

When asking a lodger (for convenience I'm calling him a lodger) to leave- the owner of the property does not in fact have to give any notice or reason for asking them to leave- though it is considered good manners to give the person reasonable notice (not required note!!!). Reasonable notice is open to interpretation, but in general is taken to be a period not exceeding the next date when rent is due.

As for the Gardai not wanting to know about private tenancy problems- this is *not* a private tenancy problem- it is a case of illegal trespass, once the owner of the property has set a date for moving and this date has elapsed.

Very similarly to all of this- even if the landlord was not living in the property- but it was let on a room by room basis- while the owner would now be a landlord- those renting the rooms on a room by room basis would not be tenants- they would continue to be lodgers, as they do not individually enjoy full and exclusive use of the dwelling.

Lets quit slinging abuse around folks- esp. when the stated facts aren't actually in keeping with the advice offered.

OP- glad things have resolved themselves- for gods sake get your locks changed ASAP.

hdowney

smccarrick wrote: »

for gods sake get your locks changed ASAP.

^^ this. i think if i were a landlord i would change the locks after every tenant left, just for security (you don't know how many keys were cut, lost etc). but this is your own home. you still live there. and you had issues with this chap. you wouldn't wanna come home from work one day and find stuff missing and the place trashed. or worse, wake up one night to someone hovering over you and they got in with a key. so yes. get the locks changed NOW

quietsailor

hdowney wrote: »

^^ this. i think if i were a landlord i would change the locks after every tenant left, just for security (you don't know how many keys were cut, lost etc). but this is your own home. you still live there. and you had issues with this chap. you wouldn't wanna come home from work one day and find stuff missing and the place trashed. or worse, wake up one night to someone hovering over you and they got in with a key. so yes. get the locks changed NOW

I have the basic yale lock on my front door and on the individual bedrooms of my house (I used to rent it as a Landlord but now I'm an owner occupier.)
There are 5 bedrooms so i have 3 barrels with 6 keys each (all 5 bedrooms plus one spare) and I would just change the barrel as soon as they leave. That way even if they had kept a copy it wouldn't work.

As the house is near to UCC my tenants used to leave every June so I had a chance to change the locks without inconviencing tenants in the house, you will have to inconvience your tenants slightly but it will be worth it. I think if you know there may be copies of your keys out there and don't take reasonable precautions (changing keys) it voids your insurance - if they find out.

What type of lock is it? 99% of locks can be changed yourself and most locksmiths sell you the new barrel - just remember to collect the old keys of the present tenants to avoid the cost of having to get keys cut the next time you change the lock