Question on a tenant not paying...

BostonB

I don't think you'll ever get the full arrears. The Tenant simply hasn't the means to pay it. However if they reduce the arrears over time, that's the best you're going to get out of this. However I wouldn't have any confidence the tenant won't miss payments again based on their behaviour thus far. If they don't miss any rent and keep chipping away at the arrear's, and they keep the place well, then thats not a bad outcome.

I think I would offer them the carrot of wiping the arrears if they leave. (you'll not get them anyway). If they miss the rent again you'd have to report them to the CWO which will cut off their payment and you'll get nothing. But you may need to do that for them to leave.

People fall on hard times, so you have to take that into consideration. But if it keeps happening, then they can't afford the place and/or are unable to manage their budget. In which case your actually providing an interest free loan, which they can't pay back and the arrears will just increase.

Sheep Shagger

yankinlk wrote: »

I dont agree with calling over, as it will only add to your worry and potentially will have you listening (again) to her stories, and getting soft again.

I also dont agree to having someone with you. That will appear confrontational, and could make the situation worse, are you afraid of her for some reason?

Once you give the eviction notice, make the get out without fear of court case option very obvious for the tenant... Dont trap them in the apartment, make them an offer they cant refuse, even if that means you have to give back a deposit that you feel you are entitled to. Do you want to keep their deposit and have them worrying you for the next 6 months? Or do u want to replace her with a better paying tenant?

?? - I'm confused with the above, make an offer they can't refuse?

Give them their deposit back while arrears exist, WTF would anyone do that?

Re the visit, I'm entitled to at at any point to see the place providing I give sufficient notice. Its been a while since I have been in the place, I need to see what repairs (if any) are needed should she vacate in time, will be 10-15 mins max.

Would take someone with me incase she accuses me of doing/saying anything abusive at a later date (this was the legal advice received), she is free to be there when I visit or be away - her choice.

There is no going back now, regardless of what she says, the termination notice is staying in place - end of.

Re offering to waive the arrears should she leave, I've already written off the money lost (its only a few hundred euro if you used the security deposit providing that doesn't need to be used for repairs). Its just about getting vacant possession back now.

mitosis

Bring a camera

BostonB

Sheep Shagger wrote: »

?? - I'm confused with the above, make an offer they can't refuse?

Give them their deposit back while arrears exist, WTF would anyone do that?...

Because in theory they could stop paying rent and sit in the house for months and months cause a load of damage then disappear. if you kicked them out in the mean while they could sue you for illegal eviction and you'd be made put them back in the property.

I say in theory because while I've seen those judgements on the PRTB site I'd don't know what happened in the end. Because the PRTB doesn't have that. In my own experience offering the deposit back kinda has mixed results.

BostonB

mitosis wrote: »

Bring a camera

+1.

djimi

Sheep Shagger wrote: »

Would take someone with me incase she accuses me of doing/saying anything abusive at a later date (this was the legal advice received), she is free to be there when I visit or be away - her choice.

To be honest, as a tenant I dont think Id be overly impressed with my landlord bringing a stranger into my home, and I have no reason to doubt my landlord. For someone who is probably expecting confrontation I think this might tip them over the edge. While I see where you are coming from, Id be a bit careful about it; it may cause more hassle than it is worth. If she wants to accuse you of something then she needs to have proof.

BostonB

Kinda hard to take the moral high ground if you owe the LL arrears and have used the RA not for rent.

People are less likely to act the fool if there's witnesses.

Yawns

Even if you give 48 hours notice I'm sure she could refuse you the right to enter. She could tell you she'll be away and is not comfortable with someone else in her home without her there.

On the topic of the lease. You renewed a lease with here and it's less than 6 months old. Was she named on the old lease and would that in any way give her rights to a Part 4 Tenancy. Was she actually in the house for 6 months or longer since the beginning of the old lease. I thought that the signing of a new lease couldn't affect your rights so would that be an issue.

Ps I do feel sorry for you in this situation. I too am in receipt of RA atm and like another poster above, wouldn't consider missing a rent under any circumstances.

StillWaters

I'd agree with making her an offer to vacate. She will try the same with some other poor LL, but she won't be your problem any more. She is hungry for money so she might agree to half the deposit back on vacation.

Sheep Shagger

Yawns wrote: »

Even if you give 48 hours notice I'm sure she could refuse you the right to enter. She could tell you she'll be away and is not comfortable with someone else in her home without her there.

On the topic of the lease. You renewed a lease with here and it's less than 6 months old. Was she named on the old lease and would that in any way give her rights to a Part 4 Tenancy. Was she actually in the house for 6 months or longer since the beginning of the old lease. I thought that the signing of a new lease couldn't affect your rights so would that be an issue.

Ps I do feel sorry for you in this situation. I too am in receipt of RA atm and like another poster above, wouldn't consider missing a rent under any circumstances.

The original lease was not renewed, she was in for less than 6 months on that and less than 6 months on the 'new' lease. In any event she is in breach by being in arrears.

Re making an offer, will see how it pans out (with the termination notice).

As for not allowing access, she has to if she is given sufficient (48 hours is recommended) notice.

Yawns

I don't think she has to allow it. You are entitled to periodic inspection but not if it doesn't suit both parties. It wouldn't look unreasonable to be denied a first inspection if a valid excuse is given. I'm away from my home all weekend. If my landlord gives me notice he wants to inspect on Sunday for example, I'd be within my right to say no as I don't want anyone in my home when I'm not there. We can reschedule. It's not unreasonable for me to refuse.

I asked about the lease issue as if I'm thinking about it correctly, then if she's in the house for a total period of 6 months then she may have a claim to Pt 4 tenancy. Yes the non payment of rent is a breach but I'm just questioning the 2 leases thing atm. So leaving aside the non payment part for now, is she in the house for 6 months or more. When the first lease was terminated, did she move out?

The reason I'm asking is, a new lease will not supersede her rights in law. I renewed my lease at 12 months with my current Landlord. It doesn't stop me from having Part 4 tenancy rights. Leaving aside that I should notify before possibly incurring owing some form of compensation for re-letting issues.

Sheep Shagger

Yawns wrote: »

I don't think she has to allow it. You are entitled to periodic inspection but not if it doesn't suit both parties. It wouldn't look unreasonable to be denied a first inspection if a valid excuse is given. I'm away from my home all weekend. If my landlord gives me notice he wants to inspect on Sunday for example, I'd be within my right to say no as I don't want anyone in my home when I'm not there. We can reschedule. It's not unreasonable for me to refuse.

I asked about the lease issue as if I'm thinking about it correctly, then if she's in the house for a total period of 6 months then she may have a claim to Pt 4 tenancy. Yes the non payment of rent is a breach but I'm just questioning the 2 leases thing atm. So leaving aside the non payment part for now, is she in the house for 6 months or more. When the first lease was terminated, did she move out?

The reason I'm asking is, a new lease will not supersede her rights in law. I renewed my lease at 12 months with my current Landlord. It doesn't stop me from having Part 4 tenancy rights. Leaving aside that I should notify before possibly incurring owing some form of compensation for re-letting issues.

See where your coming from, No she did not move out between leases.

The 14 day rent arrears letter was issued just before she hit the 6 month mark (from the first lease). Based on the advice I have received (a lawyer who has had dealings with this type of issue/the PRTB) even with Part 4 tenancy she is in breach through non payment of the rent - nothing can change that.

Re the visit, if the weekend doesn't suit then I'll do it at a time that suits.

Will think about handing back part/all of the deposit to get possession, along with a phone call to social welfare to report the fraud of her double rent cheque.

Yawns

Sheep Shagger wrote: »

See where your coming from, No she did not move out between leases.

The 14 day rent arrears letter was issued just before she hit the 6 month mark (from the first lease). Based on the advice I have received (a lawyer who has had dealings with this type of issue/the PRTB) even with Part 4 tenancy she is in breach through non payment of the rent - nothing can change that.

Re the visit, if the weekend doesn't suit then I'll do it at a time that suits.

Will think about handing back part/all of the deposit to get possession, along with a phone call to social welfare to report the fraud of her double rent cheque.

I agree with the part in bold btw, not trying to argue that. She is in breach. Luckily you have issued the letter and had the lawyer draft it out because it's ****ty little things that bog down your case if it has to go through prtb.

I'm sure you've heard some stories about people fighting for 1 - 2 years to just their property back from these tenants. It's people like her that give a terrible name to RA & why LL's are reluctant to accept tenants on it.

Best of luck anyway.

yankinlk

Sheep Shagger wrote: »

?? - I'm confused with the above, make an offer they can't refuse?

Give them their deposit back while arrears exist, WTF would anyone do that?.

How do u expect a tenant to afford to move into another place, if they have no deposit at all? Who is the unreasonable LL now? Im looking like a much fairer, easier to get along with LL now arent i? I have never kept a tenants deposit evar, its not worth my sanity.

Sheep Shagger wrote: »

Re the visit, I'm entitled to at at any point to see the place...

Yep, u are entitled. That and your strict rules will get you grey hair and an early grave. Enjoy your bank holiday weekend and leave your tenant alone for the full eviction. What are you gonna do if you find things wrong but worry about it?

Sheep Shagger

Just an update on this folks.

SW money turned up in my account today (tenant was due to leave by 4 April after I served notice).

Seems she has found a relative to move into but needs that money to pay for deposit, said I'd return what came into me last night if she moves out and hands back keys. She accepted - all happened just after lunch (had to get away from work for about 3 hours).

Have a receipt signed as I gave her cash that also said she was vacating the property as at 1pm today.

So have arrears of €1160 less bond of €800, there is some damage to the place (small hole in wall and wall had a knife scraped along it so will need some plaster and a lick of pain). Room probably needed a paint anyway TBH.

Should hopefully get away with a total cost of €800 (remaining arrears, some DIY and changing locks), think I may have got away lightly as she seemed to be briefed on all her 'rights' despite spending her SW cheque at Christmas, she knew she could stay for months while the PRTB got their act together.

Mortgage payment comes out on Tuesday so need to cover that, hopefully can get the place re rented by the start of May when the next one is due.

Thanks for everyones help/advice, really appreciate it. Hope I can return the favour one day.

Not sure now if I'll get another SW person in as it has left me somewhat scarred, will have a think.

BostonB

You are getting off very lightly. I've heard of Landlords stung for thousands of euro.

The_Conductor

Its good that you've an outcome that you're satisfied with.
I'm going to close this thread.
OP- please contact me if you'd like it reopened.

S.