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Current tenant refusing to leave

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  • 19-11-2013 6:29pm
    #1
    MILF
    Registered Users Posts: 375 ✭✭


    Hi all,

    I am due to move to a property on Monday. I just received a call from the letting agent to advise me that the current tenant called her today and said tha the job she was due to start has fallen through and she is refusing to leave. She has given her notice and is due to move today by 8pm.
    She is on rent allowance and was due to be asked to leave anyway due to non-payment of her part of the rent and generally being a bad tenant.
    We are now in limbo as we have already left our property and our stuff is in storage. We are staying at my mothers for the moment. The current tenant has argued that she will be homeless but my argument back is that so are we.
    What are my rights? Can she be removed? Will getting her out take ages? Any advice is needed desperately.


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    She cant be removed easily; if she digs her heals in then the landlord will have to chase her through the PRTB and that will take months (she will probably leave of her own accord before that, but in the meantime there is nothing that the landlord can do).


    Your best bet at this stage might be to get any money back that you have given the new landlord and go find somewhere else to live.


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    #3
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Best start looking for somewhere else to live, pronto! This is down to the landlord and Letting Agent to sort out. It'll take ages (going the legal route) and won't be pretty...


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    #4
    MILF
    Registered Users Posts: 375 ✭✭MILF


    I can't believe this :(


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Its a system that badly needs reforming, but unfortunately for the moment it is what it is. Without a PRTB and then court judgement, the landlord is completely powerless to get possession of their property.


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    #6
    StompToWork
    Registered Users Posts: 905 ✭✭✭StompToWork


    As unhelpful as this is, MILF, I'd get on daft.ie straight away. Unless she miraculously decides to leave between now and Monday, it seems unlikely, from what you have told us, that you will be moving in there as scheduled, if at all. Sorry.


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    #7
    StompToWork
    Registered Users Posts: 905 ✭✭✭StompToWork


    Oh, and by the way, I'M behind YOU.

    (Location on our profiles!!!!) :-)


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    #8
    MILF
    Registered Users Posts: 375 ✭✭MILF


    Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?


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    #9
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    MILF wrote: »
    Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?

    Maybe, but its not going to make any difference to your situation either way. Even if social welfare were interested they wouldnt have any more power to get her out than the landlord does.


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    #10
    MILF
    Registered Users Posts: 375 ✭✭MILF


    Yeah true. I can't believe we're left in this situation and she can just sit pretty in a house that she's not allowed be in.


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    #11
    ChRoMe
    Registered Users Posts: 2,021 ✭✭✭ChRoMe


    MILF wrote: »
    Yeah true. I can't believe we're left in this situation and she can just sit pretty in a house that she's not allowed be in.

    While it sucks, these protections exist to disallow landlords to abuse their power by evicting people without a good reason.


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    #12
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    MILF wrote: »
    Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?
    She just stops getting RA, and has more or a reason not to move.

    =-=

    As said, get your deposit and any money you paid the agent, and look elsewhere.


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    #13
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    I would blame the landlord here. The property should have been advertised and viewed fully vacant.


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    #14
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Thomas D wrote: »
    I would blame the landlord here. The property should have been advertised and viewed fully vacant.

    well you would say that as somebody whos a bad tenant based on your other post wouldn't you.

    are you so clueless that you think that every tenancy should be followed by a vacant period whilst its relet ?

    how the hell do you think anybody would be able to move from one accomadation to another if all of them had to be vacant.

    perhaps you should think before you type.

    oh and whilst Im at it who do you think would pay for the vacant period if that was the case ........


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    #15
    wirelessdude01
    Registered Users Posts: 8,423 ✭✭✭wirelessdude01


    MILF wrote: »
    Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?

    Makes no difference to you. You need somewhere to live and by the sounds of it then it won't be in this place.


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    #16
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    Thomas D wrote: »
    I would blame the landlord here. The property should have been advertised and viewed fully vacant.

    Really? Wow, I would be blaming the one person involved who is not fulfilling their obligations and is therefore messing everyone else around.


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    #17
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    D3PO wrote: »
    well you would say that as somebody whos a bad tenant based on your other post wouldn't you.

    are you so clueless that you think that every tenancy should be followed by a vacant period whilst its relet ?

    how the hell do you think anybody would be able to move from one accomadation to another if all of them had to be vacant.

    perhaps you should think before you type.

    oh and whilst Im at it who do you think would pay for the vacant period if that was the case ........

    It's easy. Tenants move out. You advertise it. Clean it up, paint walls and viewings withing a few days on depending on the market. Let it within two weeks. 2 weeks out of 52+ weeks empty which is the cost of being a landlord.


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    #18
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Thomas D wrote: »
    It's easy. Tenants move out. You advertise it. Clean it up, paint walls and viewings withing a few days on depending on the market. Let it within two weeks. 2 weeks out of 52+ weeks empty which is the cost of being a landlord.

    no words can truly describe how delusional and detached from the concept that being a landlord is running a business you are.

    your going to get a rude awakening when you emigrate let me tell you that much.


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    #19
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    Contact Treshold. You have a valid contract with the Landlord, which he can't easily break. So he might have to find you alternative accommodations or reimburse you for the expenses you have due to not being able to move into the apartment. If he is a good Landlord, he might have insurance for this.


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    #20
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    D3PO wrote: »
    no words can truly describe how delusional and detached from the concept that being a landlord is running a business you are.

    your going to get a rude awakening when you emigrate let me tell you that much.

    Could you develop on that final point. I don't understand what you mean.


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    #21
    QuiteInterestin
    Registered Users Posts: 623 ✭✭✭QuiteInterestin


    Slightly off topic here, but what would the tenants rights be in this situation? My understanding would be that once they've being living in the house for over 6 months they can stay up to 4 years unless the landlord wants it back for specific reasons. If they change their minds regarding about moving after handing in their notice, can they be made leave? Had a similar situation where I had agreed to let an apartment, but then the current occupants decided not to leave so I had to look elsewhere. No deposit or lease signed at the time though.


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    #22
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Thomas D, D3PO, cut out the off topic posting and take it to PM.
    One more sniping post and I'll be handing out infractions.


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    #23
    MILF
    Registered Users Posts: 375 ✭✭MILF


    QuiteInterestin wrote: »
    Slightly off topic here, but what would the tenants rights be in this situation?

    From my understanding on my research, the tenant can't be made leave. The Landlord can't go in and change locks or demand she leaves etc? Same as the letting agent can't make her either. It seems that the "laws" for want of a better word protect the tenant here because she can deem herself homeless if she is made leave. Both the landlord and the letting agent want her out but can't make her. Absolutely insane if you ask me! The Landlord/Letting Agent now have to take a case against her through the PRTB to get her out, which can take an age :(


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