Tenant poor on payment.

lomb

Ray Palmer wrote: »

You are better off not issuing leases now as it is more restrictive and they have part 4 tenancy rights anyway.

Do they though with a fixed term tenancy?

DrPhilG

nightster1 wrote: »

OP, Get tenant to write to welfare officer to request payment to your bank account.

That was my original thought when I started the thread, wasn't sure if this was possible.

But does the rent allowance cover all the rent or only part? Would still leave me having to chase him for the rest!

ShaShaBear

DrPhilG wrote: »

That was my original thought when I started the thread, wasn't sure if this was possible.

But does the rent allowance cover all the rent or only part? Would still leave me having to chase him for the rest!

All of it (if the rent is under limits) apart from around 30 or 40 quid that he has to pay himself.

But I think I might be right, he hasnt changed his address. Do you mind me asking how much is the rent per week, and where the property is?

Victor

Koptain Liverpool wrote: »

By the sounds of things also you're operating as a landlord without a bloody clue as to the rights and obligations of tenants and landlords.

Go and read the relevant guides and legislation before coming on here and wasting people's time with questions for which the answers are readily available

DrPhilG wrote: »

Feel free to bugger off if you have nothing constructive to add. This forum and many others would be dead and buried if everyone just went and searched themselves for the relevant info.

The reason for coming here is to get people's real experience of similar situations and understand the realities and options. Thankfully most people are more helpful than you.

Knock it off, both of you

Moderator

The_Conductor

DrPhilG wrote: »

:eek:

What a pain in the arse! So my only chance of getting rid of the tenant is to hope that he misses the 14 day deadline?

That said, I would prefer to have him just pay the damn rent and stay. But if this continues it will be more hassle than it's worth. It's a set 2 year lease. Can I decide not to renew it or are my hands tied there too?

What happens if I ever decide to sell the house? Surely then I can evict them?

If you gave him a 2 year lease- he has a 2 year lease.
Unless the lease has break provisions- it remains valid for the term of 2 years.
If you decide to move back into the property- or sell it, within those 2 years- and you do not have these events written into the lease- you will likely have to compensate him for breaking his lease (only if he is amenable to it).

At the end of the 2 years- you give notice prior to the end of the lease- with the appropriate notice period (as defined by the 2004 Act- as he has been there over 6 months, he has the protection of a Part 4 Tenancy), that you are not renewing the lease- and you legitimately use one of the listed reasons in the Act for this reason (e.g. selling the property, moving back in yourself or needed by a family member etc). It must be a legitimate reason though- you can't say you're selling the property- and then not put it on the market etc.

Right now- I'd issue him with the 14 day notice- as suggested earlier in this thread- and when he does pay uptodate- then suggest the rent is paid directly into your bank account. Chasing him every single week would be a nightmare- I know I certainly wouldn't have the time to do something like this.

the_syco

DrPhilG wrote: »

From what you've just told me, it sounds like he has moved to my place for cheaper rent, but has still been claiming the higher rate of allowance on the old place.

If you find this is true (annual rent review), raise the rent, and watch him scurry to a cheaper place? Once he's gone, report him.

djimi

lomb wrote: »

I personally if I wanted to evict a tenant would issue a 14 day notice, then the 28 day notice then I would go down and remove his stuff from the house or move in myself with him saying youve no where else to go/start removing furniture/ cutting utilities physically if necessary etc . I wouldnt bother with going furthur through the PRTB which is a waste of time. Youve fullfilled every reasonable legal obligation at the 28 day point. (Dont rent to any intimidating people)

If they want to sue you let them, I doubt they would get far with the above.

They would most likely get very far. What you are suggesting is an illegal eviction and the PRTB would come down on you like a ton of bricks, regardless of whether the tenant is in rent arrears or not. The law does not cease to apply just because the notice period has expired, and any tenant who is playing the sly waiting game is surely only looking for you to slip up so they can pounce.

lomb

How about a break clause in every lease that the landlord can end the lease with 2 weeks notice in order to sell it/ move in / whatever. Break the lease and chuck them out!

dharma200

He cannot get rent allowance for your property unless you sign a form, provide proof that you own the property , such as a copy of your house insurance, your prtb membership or nnpr.... Also you have to provide your tax number in the rent allowance form. If you have not given him any of this then he is certainly not receiving rent allowance for you property, there are also forms that you need to fill in every few months, I think quarterly, to allow him to continue receiving rent allowance.

I would definately get in touch with him, sort something out with him, ask him why you have not had any if the forms, tell him you need to give his welfare officer your tax number expect and see what the reaction is, perhaps this will hurry him into getting the rent to you and getti ng everything above board.

If I were you I would try to sort it out with tenant first, in a amicable manner, before dog g anything drastic. And if I were you I would seriously read up on letti g to tenants as you don't seem to know the basics which in the end could cause you serious hassle and money.. Hths

camphor

lomb wrote: »

How about a break clause in every lease that the landlord can end the lease with 2 weeks notice in order to sell it/ move in / whatever. Break the lease and chuck them out!

It wouldn't be lawful. How about doing proper research and knowing the law before starting?

djimi

lomb wrote: »

How about a break clause in every lease that the landlord can end the lease with 2 weeks notice in order to sell it/ move in / whatever. Break the lease and chuck them out!

You cannot write anything into a lease that seeks to reduce the rights afforded to the tenant under the RTA 2004. Even if they signed a lease with such a clause included it would not be legally binding.

lomb

Some of the information in this thread is highly misleading.
Firstly Part 4 tenancy is only afforded to those NOT on fixed term contracts. To get onto Part 4 a fixed term contract cannot be in place or towards the end of the contract between 3 months and 1 month they have to give notice that a renewal would be on Part 4 grounds. Therefore it is better to keep them on fixed term so the poster suggesting no contract is crazy.

Secondly, the PRTB will only fine a landlord upto 20k. The average is 5k , and probably much less if I gave them 2 weeks notice and then a 28days to break the lease. After this they are in cowboy country and so are you. Overholding and not paying rent for a year while one secures an eviction will cost circa 12k in lost rents.
Therefore as I said I would issue them the 2 weeks, then the 4 and physically remove them and let them sue me and wish them the best of luck with it. I doubt they will get far to be honest and anyone thinking they would is living in their books of laws rather than reality.

Thirdly I will be putting into future contracts that breakage of the lease , issuance of 2 week and 28 day notices will mean breach of contract meaning a cost of 20k in breach of contract+ legal fees. This would offset any suing and a solicitor is unlikely to take it on.

Frankly someone doing that can go swing.

D3PO

seriously Lomb please stop posting until you actually know what your posting about.

lomb

D3PO wrote: »

seriously Lomb please stop posting until you actually know what your posting about.

In what sense? Loss of 1 years rent is 12k in Dublin. Therefore simple logic dictates the tenancy per the Tenancy act is terminated with the 14 day, and 28 day notice . Therefore there is NO tenancy after this 28 day period . This means that they are in cowboy country and so are you. The only way this can be appealed is if they claim they did not receive notice. This means it would have to be by registered post, email and text message.

camphor

lomb wrote: »

Firstly Part 4 tenancy is only afforded to those NOT on fixed term contracts.

Wrong! No need to comment further.

djimi

lomb wrote: »

Firstly Part 4 tenancy is only afforded to those NOT on fixed term contracts. To get onto Part 4 a fixed term contract cannot be in place or towards the end of the contract between 3 months and 1 month they have to give notice that a renewal would be on Part 4 grounds. Therefore it is better to keep them on fixed term so the poster suggesting no contract is crazy.

Part 4 rights run alongside the fixed term lease and forms the minimum rights afforded to a tenant. Anything that you write into a lease that looks to reduce these minimum rights is not legally binding.

You do not have to request a part 4 either. Legally you must inform the landlord of your intention to remain on a part 4 if you wish to avoid being held liable for any costs incurred in readvertising etc, but a landlord cannot deny part 4 rights, and a tenant does not have to request them.

lomb wrote: »

Secondly, the PRTB will only fine a landlord upto 20k. The average is 5k , and probably much less if I gave them 2 weeks notice and then a 28days to break the lease. After this they are in cowboy country and so are you. Overholding and not paying rent for a year while one secures an eviction will cost circa 12k in lost rents.
Therefore as I said I would issue them the 2 weeks, then the 4 and physically remove them and let them sue me and wish them the best of luck with it. I doubt they will get far to be honest and anyone thinking they would is living in their books of laws rather than reality.

There are a lot of tenants out there who know the law inside and out, and make a living from screwing over landlords who dont act 100% legally. Thats the reality. Its up to you as to how much of a risk you wish to take, but you will end up severely out of pocket either way.

lomb wrote: »

Thirdly I will be putting into future contracts that breakage of the lease , issuance of 2 week and 28 day notices will mean breach of contract meaning a cost of 20k in breach of contract+ legal fees. This would offset any suing and a solicitor is unlikely to take it on.

You may as well save yourself the ink and not bother; it would just make you look like a clown who hasnt a clue about the legality of being a landlord.

lomb wrote: »

Some of the information in this thread is highly misleading.

Oh the irony...

Santa Cruz

DrPhilG wrote: »

I've had a house rented out for about a year, and at least 5 times so far I've had to chase him for payment. He is supposed to pay into my account via the post office every Friday but there is always some excuse or something that crops up.

He is on benefits and rent allowance etc, as well as single parent benefits.

Is there any way that the rent can be paid directly from the welfare payment? Or do the post office offer any kind of direct payment like a standing order? Basically I want the payment to be automatic rather than him having to go and do it manually.

The rent does come, but sometimes nearly a week late and it's a pain.

He used to get his benefits paid into his bank account and had a standing order but since changing to collecting his benefits directly at the post office it's been nothing but hassle.

And people wonder why letting ads say "No rent allowance"
Are you running a business or a charity
Final warning and get rid if not paying on time.

the_syco

Send the 14 day notice today for him to pay up.

In light of constant late payments, revise the rents up to meet local rents of a similar house (introduce the fear).

In light of him saying that he gets social payment, ask for all the forms so that you can sign them to ensure they're up to date (instil the panic if he's not doing this legit).

If he cannot get the forms, you'll advise the local welfare office that the tenant is living here, so that he gets what is due (he may even start sweating).

If he does pay, send a letter out to him each time he's late, and maybe include the documentation that he needs to fill out.

Sala

If the house is rented out for about a year, and OP has contacted him 5 times so far, that's one in in every 10 payments late, by a week or so. I think OP could be a lot worse off. If you have a tenant who refuses to pay and refuses to leave it can take ages to get them out while you are losing money. Annoying it may be, but you are getting paid

DrPhilG

Well...

Things have taken a twist. On the same day I was going to call and deliver a 14 day arrears notice, he calls me up and says he is moving out. So I might just be lucky.

Am I right in thinking that I should still issue the 14 day notice? Just in case his agreed departure date comes and goes and he lingers on? Or does the fact that he has confirmed a date to move (I have confirmation in a text message) mean that I can insist that he sticks to that date?

I don't want to wait 10 days (thats when he said he'll be gone) and then find that he is still sticking around giving me excuses.

DrPhilG

PS, a big thank you to all who have given advice here. I am well aware by now that I did not do my homework sufficiently before getting into renting out the house, and rest assured that I will be in future before the next tenants move in!

dharma200

Sounds like a positive outcome for you and hopefully a lesson learned that is not too costly.. Please do not let this guy put you off letti g to rent allowance tenants... Just make sure you are knowledgable as to the rights of both parties.i would definately still issue him with 14 days notice. Although he might use that to stay the extra four days, at,east you have done it all formally and let him know you are required to do this by law, it isn't personal and you hope he has a nice life... Good luck and let us know when he leaves

djimi

DrPhilG wrote: »

Am I right in thinking that I should still issue the 14 day notice? Just in case his agreed departure date comes and goes and he lingers on? Or does the fact that he has confirmed a date to move (I have confirmation in a text message) mean that I can insist that he sticks to that date?

I don't want to wait 10 days (thats when he said he'll be gone) and then find that he is still sticking around giving me excuses.

I wouldnt bother antagonising him tbh; just wait out the ten days and see what happens.

YossiA

Can you tell tenant one if your family members wants to move in or indeed you have decided to move into the house?

DrPhilG

YossiA wrote: »

Can you tell tenant one if your family members wants to move in or indeed you have decided to move into the house?

No, because it's untrue!

DrPhilG

Anyone have experience of a management company? Costs etc?

I'm hitting opposed to doing the work myself but I work 2 jobs already and this is bordering on a 3rd!

The_Conductor

DrPhilG wrote: »

Anyone have experience of a management company? Costs etc?

I'm hitting opposed to doing the work myself but I work 2 jobs already and this is bordering on a 3rd!

A Management Company- or a Letting Agent?

Letting agents typically charge a landlord the first month's rent for introducing the landlord to the tenant (and presumably they vet the tenant etc on behalf of the landlord). Any work they do on behalf of the landlord- would be ontop of this fee. On the brightside- they are all allowable expenses when you're doing your tax return- but they can be pricey.

DrPhilG

The_Conductor wrote: »

A Management Company- or a Letting Agent?

Letting agents typically charge a landlord the first month's rent for introducing the landlord to the tenant (and presumably they vet the tenant etc on behalf of the landlord). Any work they do on behalf of the landlord- would be ontop of this fee. On the brightside- they are all allowable expenses when you're doing your tax return- but they can be pricey.

I have emailed a few. The ones who offer rent collection etc. They advertise the property and vet the tenants too. Waiting for quotes back.

When you say pricey, what would you call pricey per month?

The_Conductor

DrPhilG wrote: »

I have emailed a few. The ones who offer rent collection etc. They advertise the property and vet the tenants too. Waiting for quotes back.

When you say pricey, what would you call pricey per month?

I'd consider anything north of 10% as pricey.

Ray Palmer

DrPhilG wrote: »

I have emailed a few. The ones who offer rent collection etc. They advertise the property and vet the tenants too. Waiting for quotes back.

When you say pricey, what would you call pricey per month?

Don't do it. They do not vet tenants no matter what they say. As a standard they take 1 months rent but here is the kicker they take it next year even if the tenant stays!
They are notorious for not passing messages and problems on. If they get a tradesmen in to fix a problem they charge more than anybody else would.

It is very bad value for money and adds no extra protection and mostly more problems.