Tenant Eviction

MAGGU13

Does anyone know the kind of penalties imposed for evicting a non paying tenant. I have one that has not paid any rent for 5 months and is refusing to leave even though I issued him with teh 28 days notice. I am wondering if its worth evicting him and taking the penalty on the chin as opposed to waiting on the PRTB system to resolve the matter. He is very aggressive and abusive so I'm desperate to get rid off him.

Snow joke

Hey,

This might help a bit

http://www.askaboutmoney.com/showthread.php?p=599558

If they are aggressive and abusive, bring someone with you to inform him of the situation and if he starts to threaten or harass you in any way, threaten to call the gaurds, If at that point he does continue, follow through with your threat and make the call, you will have a witness to corroborate your story.

MAGGU13

Thanks Snow Joke.

I won't be talking to him on my own again as he actually scares me. The other tenants have called the guards about him before. They are all moving out because of him and he is refusing to go. He told me to f... off yesterday.

the_syco

Look into 7 day anti-social eviction.

goingsolo

Jesus, that's awful. You hear so much about landlords illigeally holding deposits, tenants getting free legal aid through threshold and PRTb etc (don't get me wrong...if a landlord is acting the maggot then fair enough) but landlords have NO Rights if a tenant won't pay rent.

Met with a guy I know in July who has a guy that hasnt paid rent in 16 months. (was living there for a while before this and paid like clockwork.. Must have had a breakdown or smthn)

Anyway, after the first month rent hadn't come in, gave written notice of 14 days, followed by the 28 day notice of termination. 14 months later and the PRTB are still giving the tenant another 21 days to move out! FFS! Now he must get a solicitor and barrister to uphold PRTB decision and sheriff will evict him. Will most likely take another 4 months before he's out.
The PRTB also have no jurisdiction outside of Ireland so if he heads to the UK the landlord will never see a penny. Joke of an organisation.

Do you know you'll most likely get a 10k + fine if you change the locks. Illegal eviction compensation for the tenant. What a country...

Skip the PRTB, go straight to solicitor. Might put the worries up the tenant and hopefully he'll head off into the sunset. Expect to write off the rent outstanding.

If solicitor fails.. Get the heavys in with the hurleys!! ;0)

odds_on

MAGGU13 wrote: »

Does anyone know the kind of penalties imposed for evicting a non paying tenant. I have one that has not paid any rent for 5 months and is refusing to leave even though I issued him with teh 28 days notice. I am wondering if its worth evicting him and taking the penalty on the chin as opposed to waiting on the PRTB system to resolve the matter. He is very aggressive and abusive so I'm desperate to get rid off him.

Before issuing the 28 day Notice you must issue a 14 day notice otherwise the 28 day notice will be invalid. If you then evict on the basis of an invalid Notice of Termination, (even if you believed the NoT to be valid) it could prove extremely costly. An brief example taken from a PRTB Determination of Nov 2011:

Notices of Termination are invalid;
Landlord shall pay the total sum of €11,000.00 being a payment of €5,500.00 to each Applicant Tenant, being damages of €13,900 for the Landlord’s breach of his obligations under the Act and for the illegal eviction of the Applicant Tenants, having deducted the sum of €2,900.00 rent arrears having taken into account the deposit of €250.00,

As soon as the rent was in arrears - i.e. 5 months ago - you should have issued your first 14 days Notice of Rent arrears and not left it so that you have accumulated 5 months' rent arrears.

You should make a claim immediately for the rent arrears as it is at the moment especially as you have his current address (if you don't have his address the PRTB will not help you. The PRTB will then look at any time the tenant is in occupation thereafter. However, if the tenant does not have the means to pay straight away, he may be ordered to pay on a weekly or monthly basis by instalments.

goingsolo

odds_on wrote: »

MAGGU13 wrote: »

Does anyone know the kind of penalties imposed for evicting a non paying tenant. I have one that has not paid any rent for 5 months and is refusing to leave even though I issued him with teh 28 days notice. I am wondering if its worth evicting him and taking the penalty on the chin as opposed to waiting on the PRTB system to resolve the matter. He is very aggressive and abusive so I'm desperate to get rid off him.

Before issuing the 28 day Notice you must issue a 14 day notice otherwise the 28 day notice will be invalid. If you then evict on the basis of an invalid Notice of Termination, (even if you believed the NoT to be valid) it could prove extremely costly. An brief example taken from a PRTB Determination of Nov 2011:

Notices of Termination are invalid;
Landlord shall pay the total sum of €11,000.00 being a payment of €5,500.00 to each Applicant Tenant, being damages of €13,900 for the Landlord’s breach of his obligations under the Act and for the illegal eviction of the Applicant Tenants, having deducted the sum of €2,900.00 rent arrears having taken into account the deposit of €250.00,

As soon as the rent was in arrears - i.e. 5 months ago - you should have issued your first 14 days Notice of Rent arrears and not left it so that you have accumulated 5 months' rent arrears.

You should make a claim immediately for the rent arrears as it is at the moment especially as you have his current address (if you don't have his address the PRTB will not help you. The PRTB will then look at any time the tenant is in occupation thereafter. However, if the tenant does not have the means to pay straight away, he may be ordered to pay on a weekly or monthly basis by instalments.

Give the 14 days notice of service followed by the 28 days notice of termination alright. Spend the €40 to lodge the claim with the PRTB to get your money back after the tenant stays and continues not to pay rent.

would better left arm you will never receive a red cent of it. Have been chasin the PRTB for 3 years since '09 when they agreed that a former tenant owed approx 1,000 in damage/unpaid rent. Know I'll never see it, they said last week that they're sending letters to tenants who owe landlords money Pre 2010. When I asked where are they living now he actually asked me if I had their current address as it would help the case! I nearly fell over laughing! Told him of course I didn't have it after 3 years of them leaving my house.

If I was in you shoes now I would honestly just do everything to get rid, an write off his outstanding rent as a bad experience. You will not get this back though the PRTB. Mark my words!
Best bet, meet the tenants and tell them if they leave within 5 days and ensure all belongings are out , no damage to property, you will cancel the debt. The PRTB have ensured landlords will pay all penalties without delay, while tenants simply do not pay.

Until this changes, I'd try to move them on and get rental income back at the property ASAP!

kodoherty93

Under the law as far as I know you first give a verbal warning, then a writing warning and finally a final notice of eviction. This length of period is minimum of 28 days but is longer depending on how long they were there.

You dont need as far as I know give the PRTB notice.

The best thing to do is seek the advice of the Irish property owners association who look out for the landlords interest and not the tenant. They offer the best advice with out the slow and vague answer of the PRTB plus they keep you up to date with matters regarding letting property

odds_on

kodoherty93 wrote: »

Under the law as far as I know you first give a verbal warning, then a writing warning and finally a final notice of eviction. This length of period is minimum of 28 days but is longer depending on how long they were there.

You dont need as far as I know give the PRTB notice.

The best thing to do is seek the advice of the Irish property owners association who look out for the landlords interest and not the tenant. They offer the best advice with out the slow and vague answer of the PRTB plus they keep you up to date with matters regarding letting property

Anything given verbally can be denied by the other party so EVERYTHING should be done in writing, dated and a copy kept - and proof of delivery is always recommended.

If there is a Part 4 tenancy in place, then a warning Notice of Rent Arrears should be issued before the 14 day Notice.
If the tenancy is a fixed term, then only the 14 day notice and the notice of Termination are required.

Quite right, the PRTB do not have to be notified of the issue of the notices, however, if the landlord is instigating a claim then obviously he has to contact the PRTB.

Notice period for eviction of Rent Arrears is 28 days in every case, irrespective of the type of tenancy lease and the duration of occupation by the tenant, be it 2 months or two years.

Pawwed Rig

Odds on I am not sure you are correct here (or maybe I misunderstood your post). AFAIK there is no warning of rent arrers before 14 day notice. In the event of rent arrear you issue a 14 day notice of rent arrears, which gives the tenant a chance to rectify the issue. After the 14th day a 28 day notice of eviction can be issued. You are correct in respect to notice periods.

odds_on

Pawwed Rig wrote: »

Odds on I am not sure you are correct here (or maybe I misunderstood your post). AFAIK there is no warning of rent arrers before 14 day notice. In the event of rent arrear you issue a 14 day notice of rent arrears, which gives the tenant a chance to rectify the issue. After the 14th day a 28 day notice of eviction can be issued. You are correct in respect to notice periods.

That is what I believed up to six months ago, but an excellent poster, Milk and Honey, corrected me.
See post and read the full thread:
http://www.boards.ie/vbulletin/showthread.php?p=77055514

Pawwed Rig

Ok cheers for that. I will look into it further.

Another 2 weeks of rent the landlord has to finance himself then:mad:

odds_on

Pawwed Rig wrote: »

Ok cheers for that. I will look into it further.

Another 2 weeks of rent the landlord has to finance himself then:mad:

All the Thanks go to Milk and Honey.

Victor

goingsolo wrote: »

If solicitor fails.. Get the heavys in with the hurleys!! ;0)

Advocating illegal behaviour is not acceptable.

Milk & Honey

MAGGU13 wrote: »

Thanks Snow Joke.

I won't be talking to him on my own again as he actually scares me. The other tenants have called the guards about him before. They are all moving out because of him and he is refusing to go. He told me to f... off yesterday.

What other tenants? Is this shared accommodation?