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Tenant ignoring rent increase letters

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    #62
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    metroburgers wrote: »
    Sorry, but imo this isn't proof he received it, you need to send registered post to prove tenant is informed of rent increase...

    Sorry, that is wrong. It does not have to be proven that the person received it. It must be proven that it was served according to the act. There is then a presumption that the person received it.

    RESIDENTIAL TENANCIES ACT 2004

    6.—(1) A notice required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:
    (a) by delivering it to the person;
    (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;
    (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;


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    #63
    eireannBEAR
    Banned (with Prison Access) Posts: 2,713 ✭✭✭eireannBEAR


    Send the tenant a letter by registered post that you will lower your demand to 950e and if he fails to respond you will seek a new tenant OP.

    This tenant has been paying your mortgage or bills for the last 3 years he might be in a bad place at the minute,But if you want to do the right thing offer him this chance.


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    #64
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Folks can you please keep to the topic of the OP and stop straying, the advice is being lost in the other posts.

    Thanks

    Morri


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    #65
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    OP; just start the eviction process. The house rental is a business, and thus his situation is none of your concern. Get a new tenant in at the higher rent.


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    #66
    chopper6
    Banned (with Prison Access) Posts: 3,214 ✭✭✭chopper6


    the_syco wrote: »
    OP; just start the eviction process. The house rental is a business, and thus his situation is none of your concern. Get a new tenant in at the higher rent.


    Yes...a business and to hell with goodwill or people's lives.

    Chuck them out.


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    #67
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    chopper6 wrote: »
    Yes...a business and to hell with goodwill or people's lives.

    Chuck them out.

    If its not a business what else is it? If you want to be able to choose how much you pay for your house get a mortgage.


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    #68
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    shruikan2553 wrote: »
    If its not a business what else is it? If you want to be able to choose how much you pay for your house get a mortgage.

    You don't choose what you pay on a mortgage. The bank does!


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    #69
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    ABajaninCork wrote: »
    You don't choose what you pay on a mortgage. The bank does!

    Thats the theory but as we can see for many people the bank prefers to get something rather than take the property. Anyway, just noticed the mod warning so will leave it at that.


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    #70
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    Thanks for all the really helpful advice everyone.

    I have started the eviction process. Tenant is still refusing to acknowledge correspondance. I sent a registered letter yesterday but there's no update as yet on the An Post website as to whether he has signed for it or not.

    Some comments coming in from people who are on the tenant's 'side'..so to speak...so just to clarify:

    I am actually a tenant myself so I know exactly what's it like to be a tenant! We had to move out of the house and had to rent ourselves due to a variety of reasons which I am not going in to here.

    So I know what it's like to be a tenant. I don't want to be a landlord as it is serious hassle to me and owning a property in serious negative equity is no fun at all. My house was bought as our 'home' before our children came along but it was unsuitable after that point and we had no choice but to move. I try to be a fair landlord and treat my tenant as I like to be treated (as a tenant myself).

    However, my own rent that I pay has increased year on year. I have never increased my tenant's rent in all the time he has resided in my property...I didn't do this as I wanted to be fair to him and not to lose him (when i thought he was being fair and decent himself).

    However, my mortgage on that property has increased constantly and the mortgage is now hundreds of Euro EXTRA per month than it was when my tenant moved in initially. I have tried my best to absorb this increase. It has been really hard and I have made massive financial sacrifices to do this. But no more. I am not a charity case and I cannot afford to have someone living in my house for the amount he pays when (1) my mortgage has gone up significantly and (2) the rents in the area are higher than he is paying.

    Thanks to all who gave me very good constructive advice.


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    #71
    eireannBEAR
    Banned (with Prison Access) Posts: 2,713 ✭✭✭eireannBEAR


    OP i found all the advice constructive whether you chose to accept it or not you started the thread and should respect both views.


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    #72
    cmore123
    Registered Users Posts: 154 ✭✭cmore123


    Given you have already lost out, and your proposed increase already communicated falls well short of market value, I would persist with the good advice given by others above, but mark the date and one year on go for €1300. Thus, if you have to bargain and settle for less, at least you might end up with market value.


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    #73
    Worksforyou
    Banned (with Prison Access) Posts: 556 ✭✭✭Worksforyou


    The OP has explained her situation and seems a very decent person, I wish her well in her dealings with her current and future tenants.
    A lot of landlords are not in her situation though, they're increasing out of pure greed. They wouldn't decrease the rates for a current tenant if the rates were going down in the area.


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    #74
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Worksforyou wrote: »
    The OP has explained her situation and seems a very decent person, I wish her well in her dealings with her current and future tenants.
    A lot of landlords are not in her situation though, they're increasing out of pure greed. They wouldn't decrease the rates for a current tenant if the rates were going down in the area.

    The tenant can leave if rents go down and the landlord will only get the lower market rent on re-letting. Rents go up and down in a cyclical fashion. Landlords have every right to charge market rent. For all they know rents might fall in a year or tw so they have to make hay while the sun shines.


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    #75
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Worksforyou wrote: »
    They wouldn't decrease the rates for a current tenant if the rates were going down in the area.

    The tenant can call a rent review on a yearly basis, the same as a landlord. The same process as disputing a rent increase can take place with the PRTB if the tenant believes the landlord is charging over the market rate.


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    #76
    Worksforyou
    Banned (with Prison Access) Posts: 556 ✭✭✭Worksforyou


    Claw Hammer wrote: »
    The tenant can leave if rents go down and the landlord will only get the lower market rent on re-letting. Rents go up and down in a cyclical fashion. Landlords have every right to charge market rent. For all they know rents might fall in a year or tw so they have to make hay while the sun shines.

    Rents go up far, far, far quicker than they go down. Landlords were very slow to reduce their rents when there was a dip but they can up them very quick and to a higher proportion than they went down.


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    #77
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Worksforyou wrote: »
    Rents go up far, far, far quicker than they go down. Landlords were very slow to reduce their rents when there was a dip but they can up them very quick and to a higher proportion than they went down.

    Both tenants and landlords are subject to the same rent review terms. Tenants not calling for a review due to dropping prices have only themselves to blame.


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    #78
    Worksforyou
    Banned (with Prison Access) Posts: 556 ✭✭✭Worksforyou


    Michael D Not Higgins wrote: »
    The tenant can call a rent review on a yearly basis, the same as a landlord. The same process as disputing a rent increase can take place with the PRTB if the tenant believes the landlord is charging over the market rate.

    That's not what I said. If the majority of landlord finds out they're not getting as much rent money as others in the area they will up it straight away without any thought for the tenant but if the landlord finds out they're getting more than others in the area they will keep their mouths shut.


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    #79
    Worksforyou
    Banned (with Prison Access) Posts: 556 ✭✭✭Worksforyou


    runawaybishop wrote: »
    Both tenants and landlords are subject to the same rent review terms. Tenants not calling for a review due to dropping prices have only themselves to blame.

    Yes, most landlords threat it as a cut throat business, not having any compassion for their tenants.


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    #80
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Worksforyou wrote: »
    That's not what I said. If the majority of landlord finds out they're not getting as much rent money as others in the area they will up it straight away without any thought for the tenant but if the landlord finds out they're getting more than others in the area they will keep their mouths shut.

    It's hardly in their interest to give the tenant a discount. That's why the rent review system is there and can be called by either party. The landlord will call it when rents are rising and the tenant when they are falling. I don't see the problem with that.


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    #81
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Worksforyou wrote: »
    Yes, most landlords threat it as a cut throat business, not having any compassion for their tenants.

    Landlords should treat it as a business and be professional. They are not charities.
    Worksforyou wrote: »
    That's not what I said. If the majority of landlord finds out they're not getting as much rent money as others in the area they will up it straight away without any thought for the tenant but if the landlord finds out they're getting more than others in the area they will keep their mouths shut.

    Swap that around.

    If the majority of tenants finds out they're not paying as much rent money as others in the area they will up it straight away? Right? I thought not.


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    #82
    chopper6
    Banned (with Prison Access) Posts: 3,214 ✭✭✭chopper6


    runawaybishop wrote: »
    Landlords should treat it as a business and be professional. They are not charities.



    .


    They're dealing with people,not commodtities...if they can't see the difference they shouldnt be in the "industry".

    Likewise if they feel the only way they can turn a profit is by constantly increasing rents then they need to give it up and "invest" in something else.


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    #83
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    Worksforyou wrote: »
    That's not what I said. If the majority of landlord finds out they're not getting as much rent money as others in the area they will up it straight away without any thought for the tenant but if the landlord finds out they're getting more than others in the area they will keep their mouths shut.

    Tenants are not that stupid. They won't be long finding they are paying over the odds and getting out. Landlords are both parties in a business relationship and each will do the utmost to advance their own position. Landlords tend to do worse because tenants will just up and run in the middle of a contract, something the Landlord can't do.


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    #84
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    chopper6 wrote: »
    They're dealing with people,not commodtities...if they can't see the difference they shouldnt be in the "industry".
    Landlords that do not regard their rental properties as businesses and act out of the goodness of their hearts are often stiffed. This thread being a good example. Renting is a business transaction, nothing more.


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    #85
    eireannBEAR
    Banned (with Prison Access) Posts: 2,713 ✭✭✭eireannBEAR


    Worksforyou wrote: »
    Yes, most landlords threat it as a cut throat business, not having any compassion for their tenants.

    As the OP's issue is resolved i feel we can discuss this further,Bank's need to get tougher on landlords the property next door to me was left empty for 5 months as the owner would not accept rent allowance,I now live beside a group of 14 romanian gypsies i had to cancel my milk delivery as its suddenly started to go missing since they moved in,In kildare county 152 properties are available and only two are accepting rent allowance one of them is on hold so no offers can be made..... Its time to start taken second properties off struggling families,Its killing the rental market!!!


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    #86
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    eireannBEAR wrote: »
    As the OP's issue is resolved i feel we can discuss this further,Bank's need to get tougher on landlords the property next door to me was left empty for 5 months as the owner would not accept rent allowance,I now live beside a group of 14 romanian gypsies i had to cancel my milk delivery as its suddenly started to go missing since they moved in,In kildare county 152 properties are available and only two are accepting rent allowance one of them is on hold so no offers can be made..... Its time to start taken second properties off struggling families,Its killing the rental market!!!

    Thats an issue with the terrible RA system.


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    #87
    Worksforyou
    Banned (with Prison Access) Posts: 556 ✭✭✭Worksforyou


    runawaybishop wrote: »
    Landlords should treat it as a business and be professional. They are not charities.



    Swap that around.

    If the majority of tenants finds out they're not paying as much rent money as others in the area they will up it straight away? Right? I thought not.

    Tenants generally agree to a monthly rate when moving into rented accomadation and stick with that. It's landlords who look for change in the main and not to reduce rents either.


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    #88
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Worksforyou wrote: »
    Tenants generally agree to a monthly rate when moving into rented accomadation and stick with that. It's landlords who look for change in the main and not to reduce rents either.

    The landlords can look for a change as is their right, and as is the right of the tenant.

    Did you forgot to reply to this?
    runawaybishop wrote: »
    If the majority of tenants finds out they're not paying as much rent money as others in the area they will up it straight away? Right? I thought not.

    Both tenants and landlords have equal opportunity to review rents.


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    #89
    Worksforyou
    Banned (with Prison Access) Posts: 556 ✭✭✭Worksforyou


    runawaybishop wrote: »
    Landlords that do not regard their rental properties as businesses and act out of the goodness of their hearts are often stiffed. This thread being a good example. Renting is a business transaction, nothing more.


    Landlords who treat their tenants as human beings, with respect and fairness do very, very well. Landlords who don't do this are nearly always in a dispute over something involved with their tenants.


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    #90
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    There is a lot of begrudgery in this thread.


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    #91
    chopper6
    Banned (with Prison Access) Posts: 3,214 ✭✭✭chopper6


    runawaybishop wrote: »
    Landlords that do not regard their rental properties as businesses and act out of the goodness of their hearts are often stiffed. This thread being a good example. Renting is a business transaction, nothing more.

    That sort of mercenary thinking is what caused the property bubble...people lost the run of themselves in pursuit of a quick buck.

    BTL are no different,any change in lending policy for first time buyers(for example) or a Govt initiative to control rents/make NAMA properties available to rent will leave the amateur "landlords" high and dry.

    The problem with teh irish mindset is they think "he's making more money than me,i better start screwing more rent out of MY tenants"...this is rack-renting,no more,no less and it WILL end in tears.


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