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evict tenant

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    #32
    Larry Wildman
    Banned (with Prison Access) Posts: 1,460 ✭✭✭Larry Wildman


    fussyonion wrote: »
    Calling your tenant names is really not necessary. You were happy to have her as a tenant until you decided your brother needed the house.
    I wish your tenant all the best and hope she finds a place with a Landlord who knows how to treat people.

    The tenant hasn't paid the rent for four months.

    She deserves to be turfed out and to be black listed so she can't mess anyone else around in the future.


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    #33
    fussyonion
    Registered Users Posts: 7,819 ✭✭✭fussyonion


    OK fine, so I missed the bit where he said she hadn't paid rent in four months but I think resorting to calling her names makes the OP look really unprofessional.


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    #34
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    problemss wrote: »
    I issued her a letter and the date to leave about selling the house. She should have gone by 29 June but she say she gonna fight to court.

    Your problem is that your "selling the house" doesn't sound credible now that you've replaced it with "a family member needs it", while both are grounds to end a Part IV tenancy, it's very convenient that you've had two such grounds.

    You won't be able to argue based on her non payment of rent if you haven't issued a 14 day notice of arrears.


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    #35
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    problemss wrote: »
    I issued her a letter and the date to leave about selling the house. She should have gone by 29 June but she say she gonna fight to court.

    I'm willing to bet she's talking out of her rear end with regards to going to court.

    You are coming across as a pushover and she knows this. You're clueless. First things first, give her written notice of rent arrears. Then a notice of eviction. Follow procedure or you will get burned on the off chance she actually knows what she's on about and takes it to the PRTB.


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    #36
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    TimeToShine wrote: »
    I'm willing to bet she's talking out of her rear end with regards to going to court.

    You are coming across as a pushover and she knows this. You're clueless. First things first, give her written notice of rent arrears. Then a notice of eviction. Follow procedure or you will get burned on the off chance she actually knows what she's on about and takes it to the PRTB.

    You are right. She does know what she is doing and just delay to stay in the house.


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    #37
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    problemss wrote: »
    She said the rent allowance place stop her payment because i gave her notice to leave the house.

    Sounds suspect, how would they know unless she told them then?
    Dont engage with her other than the formal process to get her to make good her arrears and follow the eviction process according to how its done
    1. informal notice of the issue (write it out, text and email if possible, to ensure you know she received it)
    2. Issue the 14 day notice to pay arrears
    3. After the 14th day, issue the 28 days notice to quit the property.

    Tell her what each step is, look up the PRTB site yourself and confirm this is still the process and also ring the PRTB if you need to. Ask them when you should initiate the complaint against the tenant for non payment of rent and try get some details to confirm this, I see no harm doing it now, you're already 4 months in, your case will only be heard if you are registered and you submit a complaint, should have done that after engaging wih tenat when non payment first occurred and if they didnt give rent over, best do it now.
    You can get them out just as quick or quicker if they are non compliant by them not paying rent as if you want them out for selling/for own use/relatives use. As in those cases you still need to give appropriate notice according to how long they have been tenants, how long is that?

    It sounds harsh but if they arent paying they need to go and you should persuade them by letting them know you follow them to the ends of the earth and that you will put a judgement on them that will destroy their lives, never get credit again. Dont bring the kosh down until you know they are refusing, give them the opportunity to make good any rent owed, but if they fob you off or dont follow up any plan to repay be prepared to tell them you will take action if they dont, and then do that.
    Bigcheeze wrote: »
    10k fine vs 18 months lost rent. Op is not getting the rent arrears no matter what option they select.

    I suppose the op can just say they can't afford to pay the fine.

    Well better than giving the tenant money too as well as them paying no rent, this way the OP could get them out legally, without a fine and could still follow them up in court to get what they are owed, even if that never bore fruit, Id do my best to slap a judgement on them, but Id tell them I was doing it first so they know what the consequences are.
    problemss wrote: »
    The landlord say if the house is sold you have 2 months notice to go. So in that 2 months if the .....still in the house so where is my bro gonna go ? Homeless and let the ...... stay in the house. Doesn't sound good.

    Easy, its not right but dont get mad, stay cool and play the game, its annoying but be calm with the tenant and tell them you expect the rent or you'll have no choice but to take them to PRTB, and then court to get your money back. If they are playing hard, you need to too.
    No point name calling them here, take it easy on them too, or they'll have that against you, carry a handheld camcorder or running phone with camera, do it obviously, not in their face, just hold it in your hand, that way no accusation can be made you have done or said anything and they will be less likely to try it on.

    start the process now as you are required.


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    #38
    maria34
    Registered Users Posts: 339 ✭✭maria34


    Are you sure your brother would get rent allowance when the house is on your name and you are related??? Dont think you can... Find out that too.


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    #39
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Your tenant has been running rings around you, you should have issued the 14 day notice in the first month, not let it go four months. Chances are she'd be gone by now if you had.


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    #40
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    She was paying at first till i gave her notice to say that im selling the house.


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    #41
    problemss
    Users Awaiting Email Confirmation Posts: 13 ✭problemss


    maria34 wrote: »
    Are you sure your brother would get rent allowance when the house is on your name and you are related??? Dont think you can... Find out that too.

    IM not sure bout this. Are they not allowed?


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    #42
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    athtrasna wrote: »
    Your problem is that your "selling the house" doesn't sound credible now that you've replaced it with "a family member needs it", while both are grounds to end a Part IV tenancy, it's very convenient that you've had two such grounds.

    You won't be able to argue based on her non payment of rent if you haven't issued a 14 day notice of arrears.

    Its perfectly possible, but does sound odd, however if they can back this up all the better, even if they cant both are still legitimate reasons, I cannot see how it wouldnt be perfectly reasonable to change your mind and offer for rent to a relative.

    OP if they were a paying tenant with no problems, you may have stuffed yourself up, if thats the case, try get them onside by telling them if they dont pay arrears now you'll take a case against them and initiate it, they cant fight anything in court or anywhere else if they are refusing to pay the rent.But in that case you might consider allowing them to stay.
    problemss wrote: »
    IM not sure bout this. Are they not allowed?

    You need to look into that, I cant see why not myself, but I can imagine the HSE?social welfare may look at it suspiciously, might be more hassle for you.

    What the true order this occured in may help, were you planning to sell?


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    #43
    maria34
    Registered Users Posts: 339 ✭✭maria34


    ""Renting from a parent: You cannot get Rent Supplement to help you pay rent to your parent if you are living in the family home. If your parent owns a second property, you will generally not get Rent Supplement to rent this property from them unless it is a bona fide tenancy and you are assessed as having a housing need. Your parent must also be able to prove that they have a history of renting this property.""

    Found this from welfare page, its about parent and a child. Maybe brothers/sisters dont count but to be sure you could find out.


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    #44
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    problemss if you use derogatory language once more I will ban you..I have repeatedly deleted and edited your posts, I am not following you around fixing your posts.

    Everyone back on topic now please.


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    #45
    Hollister11
    Closed Accounts Posts: 5,482 ✭✭✭Hollister11


    One of my friends is getting evicted. She is on RA and unemployed so the housing list landlord sold to the council and the council are replacing her with someone else on the waiting list.
    Idiots only in Ireland would you do this


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    #46
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Hollister11 wrote: »
    One of my friends is getting evicted. She is on RA and unemployed so the housing list landlord sold to the council and the council are replacing her with someone else on the waiting list.
    Idiots only in Ireland would you do this

    who's the idiot? you mean the council? the landlord seems to be selling the house, maybe the person in it now doesnt qualify under the scheme the council are letting it, maybe stupid but there might be a reason, but it does sound like it might not occur somewhere more organised.


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    #47
    fash
    Registered Users Posts: 2,275 ✭✭✭fash


    Just a note on the "family member" part of the RTA- confirm in the definitions section that it includes "brother" - it may be limited to kids/parents.


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    #48
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    athtrasna wrote: »
    FOR THE THIRD TIME!! Have you issued the 14 day notice of payment arrears and after those 14 days elapsed then a 28 day notice of eviction. That's how you LEGALLY start procedures.

    Follow Athrasna's advice.
    14 days notice of payment of arrears, followed by 28 days notice of eviction.
    Do it properly- in writing, preferably either by registered post, or if in person, in the presence of a witness.

    DFSA do not stop rent allowance when you give notice- its actually paid in arrears- so this would be counter productive in any event.

    What she is saying doesn't add up.

    Either selling the house- or for use for a family member- are both valid reasons for giving her notice- however, they are wholly irrelevant- if she hasn't paid rent- you need to give her the 14 days notice of arrears, followed by 28 days notice- when she hasn't paid the rent.


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    #49
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    fash wrote: »
    Just a note on the "family member" part of the RTA- confirm in the definitions section that it includes "brother" - it may be limited to kids/parents.

    Its irrelevant- she hasn't paid rent- its 14 days notice- and if all arrears aren't cleared in the 14 days- notice of 28 days to vacate the property.

    The landlord does not need to give a reason when the tenant hasn't paid the rent.


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    #50
    xper
    Registered Users Posts: 1,070 ✭✭✭xper


    fash wrote: »
    Just a note on the "family member" part of the RTA- confirm in the definitions section that it includes "brother" - it may be limited to kids/parents.

    Residential Tenancies Act 2004 section 35, paragraph 4:
    (4) In paragraph 4 of the Table the reference to a member of the landlord's family is a reference to any spouse, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.

    But as pointed out, the non-payment of rent for four months is a far more pressing reason to serve notice and changes the manner in which it should be done. The correct action to take has been made clear to the OP.


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