Tenant poor on payment.

Santa Cruz

dharma200 wrote: »

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

Rent allowance tenants are not worth the hassle and risk of getting a bad one.
That's just the way it goes.

lomb

djimi wrote: »

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

Nonsense, you seem to advocate the tenant being in control rather than the landlord. Its their party not the tenants. I would most certainly send the 14 day notice by registered post keeping the receipt in the specified format(make sure of this 100%), and then the 28day and then change the locks if need be.

djimi

lomb wrote: »

Nonsense, you seem to advocate the tenant being in control rather than the landlord. Its their party not the tenants. I would most certainly send the 14 day notice by registered post keeping the receipt in the specified format(make sure of this 100%)

The tenant is already in control; they have given in notice that they intend to leave. Why waste the price of a stamp giving them a second notice, when all it serves to do is potentially get their back up and create a situation where one doesnt currently exist?

foggy_lad

lomb wrote: »

Nonsense, you seem to advocate the tenant being in control rather than the landlord. Its their party not the tenants. I would most certainly send the 14 day notice by registered post keeping the receipt in the specified format(make sure of this 100%), and then the 28day and then change the locks if need be.

That changing of the licks would cost you dearly if you did it on me.

DrPhilG

Well, another update, some more questions, and the end to this saga is in sight you'll all be glad to hear.

He's gone!

Texted shortly after saying he was leaving and told me he'd be clear by Monday. I called to arrange to go through the place with him before leaving but no answer. Called Monday evening and the place was deserted. Keys left through the letter box. There has been a little damage done, nothing major. A few chips out of walls etc.

I have 2 issues now.

1 - He abandoned a load of junk in the house. Left some dishes etc, a microwave and a stack of paperwork and rubbish in the spare room.

Can I dump this? I have called (no answer) and texted telling him to arrange collection or I'll dump it, but knowing the skewed laws in favour of the tenant, will I end up in trouble if I dispose of his property, even though I have asked him to get rid?

2 - He left one set of keys. I gave him 2. In his last text he wished me luck etc and said he had left the keys behind. So he clearly has no intention to return. He has no money to get back from me. How long do I wait before changing the locks? I'm not going to leave the old locks in, knowing that some eejit has a spare set but I don't want to break any rules. Surely the fact that he has gone, left off his keys and stopped contact means that effectively HE has immediately ended the tenancy without notice so there is no question of me giving notice etc?

Thanks again!

lomb

foggy_lad wrote: »

That changing of the licks would cost you dearly if you did it on me.

It would cost you dearly if you didnt pay the rent to me and I got an eviction notice to you in thr prescribed format:pac:
One of the reasons not to rent to anyone remotly threatening in the first place so youd probably be out.

djimi

lomb wrote: »

It would cost you dearly if you didnt pay the rent to me and I got an eviction notice to you in thr prescribed format:pac:

You still think that you can write financial penalties into a lease, yeah?

I really hope that you are on the wind up, because I shudder to think what you would be like to rent from if you are genuine...

DrPhilG

Edited my last post, found the MPRN number.

djimi

DrPhilG wrote: »

Well, another update, some more questions, and the end to this saga is in sight you'll all be glad to hear.

He's gone!

Texted shortly after saying he was leaving and told me he'd be clear by Monday. I called to arrange to go through the place with him before leaving but no answer. Called Monday evening and the place was deserted. Keys left through the letter box. There has been a little damage done, nothing major. A few chips out of walls etc.

I have 2 issues now.

1 - He abandoned a load of junk in the house. Left some dishes etc, a microwave and a stack of paperwork and rubbish in the spare room.

Can I dump this? I have called (no answer) and texted telling him to arrange collection or I'll dump it, but knowing the skewed laws in favour of the tenant, will I end up in trouble if I dispose of his property, even though I have asked him to get rid?

2 - He left one set of keys. I gave him 2. In his last text he wished me luck etc and said he had left the keys behind. So he clearly has no intention to return. He has no money to get back from me. How long do I wait before changing the locks? I'm not going to leave the old locks in, knowing that some eejit has a spare set but I don't want to break any rules. Surely the fact that he has gone, left off his keys and stopped contact means that effectively HE has immediately ended the tenancy without notice so there is no question of me giving notice etc?

Thanks again!

I would check with Threshold just to clarify, but my feeling is that you have a text to say that he is moving out, and he has visibly vacated the property and left a set of keys behind, so I would think its fair game to assume that he is gone and for you to change the locks. As I say though, clarify this with Threshold before acting, just to be on the safe side.

With regards the property left behind, maybe send him a couple of texts asking what he wants done with it, and then one further text stating that it will be thrown out if not collected by x date; this should be sufficient to cover yourself. Text is not ideal as a method of written communication, but in light of the lack of forwarding address it is the best that you can do, and at least you will be seen to have made an effort to get in contact with him.

DrPhilG

I have texted a few times about clearing the property, including one giving a deadline or it would be dumped. That deadline has passed and still no movement or reply.

I have a guy coming on Friday to do some repairs to a window latch/handle that was broken so I'm thinking of getting him to change the locks too.

djimi

As I said, run it by Threshold to get a second opinion before acting, but it sounds to me like you have done as much as you can in the circumstances. Im not really sure what else you could be expected to do.

DrPhilG

Been quoted by a letting agent, €250 to advertise and find a tenant, collect deposit and provide lease agreement etc, then €10 a week to collect rent.

Might not bother. Just suck it up and do it myself.

foggy_lad

DrPhilG wrote: »

Been quoted by a letting agent, €250 to advertise and find a tenant, collect deposit and provide lease agreement etc, then €10 a week to collect rent.

Might not bother. Just suck it up and do it myself.

Most of those letting agents don't properly vet tenants and don't give a sh1t about your house as long as they have their commission. They also don't do much about rent and won't do much to get the rent if the tenant does not pay. Also you will probably be liable for any actions taken by an agent acting on your behalf so if they are visiting the house without notice or evict tenants illegally you will be the one paying up.

It is a much better idea to do it yourself.

djimi

In this age of internet banking etc why would you need an agent to collect rent? Are there any landlords/agents who dont insist on a standing order at the very least?

Ray Palmer

DrPhilG wrote: »

Been quoted by a letting agent, €250 to advertise and find a tenant, collect deposit and provide lease agreement etc, then €10 a week to collect rent.

Might not bother. Just suck it up and do it myself.

You do get they will put an ad up on daft for a €10 and charge you €250. How much service do you think you will get for €520 a year?

DrPhilG

Yeah as I said, I've decided against it. It would have been an attractive prospect given the hassle I had from the previous tenant but thinking rationally it's not worth it for what they provide.

lomb

djimi wrote: »

You still think that you can write financial penalties into a lease, yeah?

I really hope that you are on the wind up, because I shudder to think what you would be like to rent from if you are genuine...

Nah Ive checked it out but financial penalties arent allowed under Irish law for breach of contract and you are correct part 4 runs in tandem with fixed term contracts which is why it is advised to put a note under break options of at the landlords sole discretion a break a month 5 with x notice prior to part 4 being gained.
However I think Im correct that the fines although in the past were high from the PRTB are now very low for 'illegal' eviction ,especially where tenants have been overholding rents. I have checked the PRTB website and the fines in many cases are 500 euros or so for illegal eviction. I would think that in law if the tenant has been given a proper 14 day notice, and then the eviction notice where you can prove you gave it to them and they still wouldnt go then they have breached the contract which no longer exists so changing the locks is not illegal as such which is why solicitors advise it privately.

Fair enough tenants have grievances but overholding is very wrong. Ps I also think mortgage holders not paying is very wrong and they should leave with 4 weeks notice and the properties sold on the market similar to the States.Anything else is disfunctional. Would you want to lend money to someone who isnt going to pay it back or let them release your loan security?

Ray Palmer

@Lomb

You certainly were wrong about certain things with regard to the law and contracts but you have a point here. Possible fines are not the same as what is actually given out. There will be some people who are heavily fined but I can see why somebody would risk a fine if people stop paying rent and the LL is getting in trouble with their mortgage.
There have been many big fines and those that have been are over much more extreme cases than normal. People here do tend to overblow the repercussions but also seem very happy to suggest a tenant break the law but come down heavy on a LL at even a suggestion they don't adhere to every letter of the law.

sunnysoutheast

Ray Palmer wrote: »

@Lomb

You certainly were wrong about certain things with regard to the law and contracts but you have a point here. Possible fines are not the same as what is actually given out. There will be some people who are heavily fined but I can see why somebody would risk a fine if people stop paying rent and the LL is getting in trouble with their mortgage.
There have been many big fines and those that have been are over much more extreme cases than normal. People here do tend to overblow the repercussions but also seem very happy to suggest a tenant break the law but come down heavy on a LL at even a suggestion they don't adhere to every letter of the law.

I agree with you up to a point Ray but incorrect, or at best misleading, information was posted repeatedly in multiple threads.

It's one thing a landlord making a value judgement to evict unlawfully before the law has run its course, balancing possible fines versus the loss of rent, but the fact remains that the formal notifications are only the start of the eviction process.

In my view there should be a fast-track eviction process as per the US, and any compensation should be paid net of unpaid rent, costs and/or any damage caused by the tenant, but alas that is not how it works in this country.