28 day eviction notice

Auds22002

Hi my tenant is in the middle of his 28 day eviction notice, he is not contesting this but my neighbour rang me to tell me he is having parties and being disruptive, this is the reason for eviction as several neighbours wrote us letter complaining that there lifestyle are being disruptive, the nightlife is so excessive, anyway its still going on and now the neighbour in the house attached has rang to say she is scared to go on her holidays as she is worried he will attack their house while they're away as he is having a lot of very unsavoury friends around, this morning he was puking in the back garden at 8 am,can I get him to leave before 28 days are up.? or am I just stuck, will my neighbours be stuck for next few weeks listening to this, if he doesn't damage house I can't keep deposit, he actually is very tidy. What are my rights.we have warned him repeatedly about noise. Thanks

the_syco

This; http://www.prtb.ie/media-research/publications/anti-social-behaviour---3rd-party-complaint

And then AFAIK, if he acts up again, you can give him a 7 day notice period.

Auds22002

so just to updat over a year later and get advice ,we have been through the mill,so after many meetings determinations,tribunals with prtb ,all of which we won,he still refuses to leave ,we brought him to court won that,and after the 21 days he has been allowed to put in an apllication to the master for an extension to appeal !!! so now our solictior is saying as we dont have a stay on the order we can go ahead with the sheriff,he has however said that the sheriff may refuse to go in,as his girlfriend is due a baby in the next week,( this girl has her own house and does not live with him,at court i asked why he doesnt move in with her and she said no,she already has a child by someone else) my neighbours tell me he only stays there at weekends and he brings the whole clan,his daughter and girlfriend ,her child etc.

My question is can a sheriff refuse to enforce an order?

i am now at 5000 euro in fees and arrears ,and now our solicitor wants a upfront payment of 1000 euro as he feels this will continue ,this i also find strange anddont know where to get it,he said until we pay it it can not go forward???

Help

Michael D Not Higgins

Is the 5000 fees for the solicitor and he's looking for 1000 of it now? Is your tenant on the dole?

GuitarMusic

I feel for you. I've lost thousands because of the PRTB. In fact I received notice today that they are dropping a dispute which was awarded in my favour. Four figure rent owing and the apartment destroyed, yet they drop the case because they can't find him. He is no doubt living with a friend and working for cash as he answers his phone when somene rings him.

I'va also not seen a cent from a previous case that was ruled in my favour several years ago. Again a low four figure sum.

It's probably the wrong thing to do but I'd be in a frame of mind to go in on a Monday and change the locks.

I'm defnitely taking more action myself from now on

We pay 90E per registration, we pay mortgages and expenses etc. Most of my tenants are long term which shows that at least I am a reasonable landlord. I'm sick of playing by the rules and losing money hand over fist like yourself.

Auds22002

mainly fees,he owes us almost 2000,court order has him paying us 20 out of arrears per week,he has done this so far.and ive already paid 2500 to solicitor when we got court order as we thought we were finished with them,yes he is unemployed ,prtb determination was to move out in feb ,he brought it to court ,the judge was having none of it and upheld the determination in july,then his exit date was sat week gone and he informed us he had applied for this appliction for extension 3 days after he should have left,and they allowed it,it seems court order means nothing,,so he said im there till oct ,as his appt with master is in oct,i dont know who is giving him all this advice but they know there stuff ,he has no solicitor,our solicitor said shes never seen someone bring it to high court before,she has come off the case as he was so abusive to her on phone and now a man is dealing with it.

we rang gardai in balbriggan,where house is and they said if we have a repossesion order we can change locks and they will provide a car for security,do we have to give him notice,we're scared he may attack house ,just he wouldnt be the sharpest tool ,so we're wondering is it the land league or worse the anti eviction task force advising him ,juding by their facebook page they dont go peacefully

Auds22002

yes he's on dole,and rent allowance ,which is coming to me directly he hasnt paid his part since july 2014

Auds22002

so for the last year we have been through the mill with our tenent,trying to evict him,so after many meetings determinations,tribunals with prtb ,all of which we won,he still refuses to leave ,we brought him to court won that,and after the 21 days he has been allowed to put in an apllication to the master for an extension to appeal !!! so now our solictior is saying as he doesn't have a stay on the order we can go ahead with the sheriff,he has however said that the sheriff may refuse to go in,as his girlfriend is due a baby in the next week,( this girl has her own house and does not live with him,at court i asked why he doesnt move in with her and she said no,she already has a child by someone else )my neighbours tell me he only stays there at weekends and he brings the whole clan,his daughter and girlfriend ,her child etc.

My question is can a sheriff refuse to enforce an order?

i am now at 5000 euro in fees and arrears ,and now our solicitor wants a upfront payment of 1000 euro as he feels this will continue ,this i also find strange anddont know where to get it,he said until we pay it it can not go forward???

Help

Auds22002

he owes us almost 2000,court order has him paying us 20 out of arrears per week,he has done this so far.and ive already paid 2500 to solicitor when we got court order as we thought we were finished with them,he is unemployed ,prtb determination was to move out in feb ,he brought it to court ,the judge was having none of it and upheld the determination in july,then his exit date was sat week gone and he informed us he had applied for this appliction for extension 3 days after he should have left,and they allowed it,it seems court order means nothing,,so he said im there till oct ,as his appt with master is in oct,i dont know who is giving him all this advice but they know there stuff ,he has no solicitor,our solicitor said shes never seen someone bring it to high court before,she has come off the case as he was so abusive to her on phone and now a man is dealing with it.

we rang gardai in balbriggan,where house is and they said if we have a repossesion order we can change locks and they will provide a car for security,do we have to give him notice,we're scared he may attack house ,just he wouldnt be the sharpest tool ,so we're wondering is it the land league or worse the anti eviction task force advising him ,juding by their facebook page they dont go peacefully

Michael D Not Higgins

The reason I ask about the dole, is that it could be hard to get the full amount from him. Even if he continues paying the pittance off the full amount each week, what if he suddenly stops? Or he might claim to the court that he can't afford to pay it as he has to support a baby now. However, I'm sure you're more worried about getting your property back.

I'm not certain on the court procedures but I do know they take a break in August, so passing the actual deadline may have been waived because of that. I don't know who's giving him advice but I do know some places like Threshold advise to overhold and drag the court action out as long as possible, especially if they have no other accommodation (although this guy does as per your other post).

I feel for you, and you're not alone. Many stories like yours have come through A&P and many landlords here will say they don't take rent allowance for exactly these reasons.

I can't give legal advice (also I'm not a lawyer) so I can't tell you to wait for the court date in Oct or press ahead with eviction, your solicitor should be advising on the best course of action.

Auds22002

Its so hard and frustrating we have jumped through every hoop,he def has other accommodation but probably can't move in with her as she would lose her house,but this should not be our problem. It's just bizarre a judges opinion means nothing, I worked two jobs to get that house and now I can't even get it back ,feel I have no rights ,our money has run out so don't know what to do now ,thanks for reply ,husband wants to go up and change lock as guards said we can but what will be the consequences

Gatling

I'd be up the moment he leaves and change the locks and be done with it

magicmushroom

I'm not saying to do this but I'm genuinely interested what would happen if the OP went up and changed the locks?

If he's only there at the weekends, what would happen if they went up in the week, packed his stuff up, left it outside and changed the locks...

Would they get into trouble even though it's their house?

And question for the OP - is he still paying his rent on time to you? Are there are any arrears?
And are you still getting complaints about noise etc?

If your husband did go up and change the locks, would the 'tenant' be the type to cause trouble in retaliation, ie damage to the property or attempting to break back in?

endacl

Auds22002 wrote: »

husband wants to go up and change lock as guards said we can but what will be the consequences

The main consequence would be that you'd have access to your property and that joker wouldn't. If the guards are supportive, I'd go for it.

rawn

As others have said, i would change the locks while he is out but i would NOT dump his stuff outside. Pack everything, document/photograph everything and store it safely until he claims it, as i can imagine he will claim damage/items missing. Have a Garda present if possible.

Good luck, i really feel for you. It boggles my mind that anyone would treat their landlord like that.

Michael D Not Higgins

Auds22002 wrote: »

Its so hard and frustrating we have jumped through every hoop,he def has other accommodation but probably can't move in with her as she would lose her house,but this should not be our problem. It's just bizarre a judges opinion means nothing, I worked two jobs to get that house and now I can't even get it back ,feel I have no rights ,our money has run out so don't know what to do now ,thanks for reply ,husband wants to go up and change lock as guards said we can but what will be the consequences

I think the important thing is whether it's allowed. You say your solicitor says there's no stay on the order, but how is it affected by the Master's Court date?

If you get advice that you can act before the October date, then I would stay at the house in case he tried something and be ready to call the Gardaí. That, or install some security camera to protect the place.

magicmushroom

rawn wrote: »

As others have said, i would change the locks while he is out but i would NOT dump his stuff outside. Pack everything, document/photograph everything and store it safely until he claims it, as i can imagine he will claim damage/items missing. Have a Garda present if possible.

Good luck, i really feel for you. It boggles my mind that anyone would treat their landlord like that.

Very good advice.

Would a Garda be willing to be present though?

It's kind of like them saying they consent to what she's doing, but there are clearly (stupid, very stupid) laws in places that are protecting this 'tenant'.

So I would imagine that a Garda, however sympathetic to the case they may be, would probably not get involved.

JohnBee

Interested to hear the outcome. If your solicitor says you have permission to go ahead with sheriff, surely that means you are ok to go and change locks?

Perhaps get a solicitor's letter and the court order and head to the local garda station and ask their advice.

endacl

JohnBee wrote: »

Interested to hear the outcome. If your solicitor says you have permission to go ahead with sheriff, surely that means you are ok to go and change locks?

Perhaps get a solicitor's letter and the court order and head to the local garda station and ask their advice.

They won't advise. They probably say don't do it, in the interests of avoiding a potential incident. I'd go up and let them know when you intend to do it, and request that they provide a presence, in the interests of avoiding any potential unpleasantness. Tell them you don't want them involved, but would appreciate a presence, if possible.

Mrs OBumble

Auds22002 wrote: »

we rang gardai in balbriggan,where house is and they said if we have a repossesion order we can change locks and they will provide a car for security,do we have to give him notice,we're scared he may attack house ,just he wouldnt be the sharpest tool ,so we're wondering is it the land league or worse the anti eviction task force advising him ,juding by their facebook page they dont go peacefully

Some posters seem to have missed this bit.

I'm picking that the guards are well aware of your tenant, and happy to work with you. Follow their advice about when is the best time to move - it may be that a garda visit while he is there and can take his stuff immediately would be a better move.

MarkAnthony

Rely on your solicitor's advice. Ask them and give the tenant absolutely no more than they are legally entitled too.

endacl

rawn wrote: »

It boggles my mind that anyone would treat their landlord like that.

Boggles mine that anybody would treat anybody else like this.

Auds22002

hi thanks for the replies,we talked to solicitor again ,he advised not to go ahead changing the locks,(the cynic in me thinks well he would wouldnt he) he said tenent may bring an injuction against us,and we would be up in court,which i wouldnt put past him,i think our hands are tied,he is saying the sheriff is the one with the authority to get him to vacate the building not us,sheriff costs 495 plus to get letter for sheriff is 200 ,this does not include solicitor fees. he advised we add a detailed letter to sheriff explaining all we have done over the last year to get him to vacate

1. after he lost prtb determination and he still refused to go,we said we would wipe the arrears if he left
2. we offered him 750 euro to leave

he said we should also make it clear to sheriff that girl has her own house so child will not be homeless,but this doesnt help if shes standing there holding it ,as i say i wouldnt put it past him,waiting to hear him on joe duffy yet

newacc2015

Auds22002 wrote: »

hi thanks for the replies,we talked to solicitor again ,he advised not to go ahead changing the locks,(the cynic in me thinks well he would wouldnt he) he said tenent may bring an injuction against us,and we would be up in court,which i wouldnt put past him,i think our hands are tied,he is saying the sheriff is the one with the authority to get him to vacate the building not us,sheriff costs 495 plus to get letter for sheriff is 200 ,this does not include solicitor fees. he advised we add a detailed letter to sheriff explaining all we have done over the last year to get him to vacate

1. after he lost prtb determination and he still refused to go,we said we would wipe the arrears if he left
2. we offered him 750 euro to leave

he said we should also make it clear to sheriff that girl has her own house so child will not be homeless,but this doesnt help if shes standing there holding it ,as i say i wouldnt put it past him,waiting to hear him on joe duffy yet

There was a thread on boards, similar to yours. It was an article from the Indo. Some women didnt pay her rent for months and didnt follow her eviction notice. The Landlord then changed the locks one day. He was fined several thousand euro illegal eviction.

The Gardai will probably evict him for you( they offered to help a LL friend evict his tenants, but they eventually moved out). But if you sank all this money into legal fees, I would wait for the sheriff.

I can imagine the Sheriff will see though the pregnant women BS. Is she on RA too?

handlemaster

Auds22002 wrote: »

hi thanks for the replies,we talked to solicitor again ,he advised not to go ahead changing the locks,(the cynic in me thinks well he would wouldnt he) he said tenent may bring an injuction against us,and we would be up in court,which i wouldnt put past him,i think our hands are tied,he is saying the sheriff is the one with the authority to get him to vacate the building not us,sheriff costs 495 plus to get letter for sheriff is 200 ,this does not include solicitor fees. he advised we add a detailed letter to sheriff explaining all we have done over the last year to get him to vacate

1. after he lost prtb determination and he still refused to go,we said we would wipe the arrears if he left
2. we offered him 750 euro to leave

he said we should also make it clear to sheriff that girl has her own house so child will not be homeless,but this doesnt help if shes standing there holding it ,as i say i wouldnt put it past him,waiting to hear him on joe duffy yet

At this stage I would not offer anything. If thé Guards have offered security while the sheriff is doing his job id go with that. Waiting just in case hé bring another action is inviting trouble upon yourself.

Thargor

Did you change the locks OP?

Auds22002

I can imagine the Sheriff will see though the pregnant women BS. Is she on RA too?[/QUOTE]

yeah she is ,not sure if its a council house or ra but at the tribunal with the prtb ,when i said to him you cant expect to live in our house forever why dont you move in with her,she piped up no ,no way ,he cant live with me, so totally milking the system

Auds22002

no didnt change locks yet ,waiting for repossesion order which we applied for two weeks ago,everything is so slow ,neighbours said he only arrived at weekend again ,so hes def living with her during the week, neighbours are well pissed off by now think they were going to ring the social on him,dont blame them,its mine and your taxes that are paying for this ,its infuriating.

handlemaster

Auds22002 wrote: »

no didnt change locks yet ,waiting for repossesion order which we applied for two weeks ago,everything is so slow ,neighbours said he only arrived at weekend again ,so hes def living with her during the week, neighbours are well pissed off by now think they were going to ring the social on him,dont blame them,its mine and your taxes that are paying for this ,its infuriating.

Have you not rang the social already. They will stop rental payments to him immediately if you say he is not paying rent

Tiddlypeeps

handlemaster wrote: »

Have you not rang the social already. They will stop rental payments to him immediately if you say he is not paying rent

OP said RA is being paid directly to them. I doubt OP would be in a hurry to have that cancelled as it's at least covering part of the rent.

Auds22002

Well he's gone at last !!! The sheriff kicked him out on Oct 6th,it took us two months to get our repossesion order from the courts as they go on holiday august and sept ! Fortunately he was there that day (which neighbours said was unusual) but this meant he got the message loud and clear.He still brought us to court on the 7th ,the next day which was thrown out as judge said she has no juristriction to grant appeal,he said why am i hear,she said you were obviously given wrong info to be given this hearing,so thanks to some fool in the circuit court offices this cost us 1700 euro in solicitor and barrister fees,on top of the 2500 we'd already paid for their services for circuit court hearing!! he still had a date on 23 Oct with the master and our solicitor could only give a 95 % chance it would go our way ,so the tenant came back to them and said if we dropped all arrears he would not go to that hearing,so we were over a barrel again and we just wanted him out of our lives so we bitterly agreed ,we were never going to get the money anyway and it was not work the risk if the master went in his favour.So he's now out of our lives.

Now back to the house it stinks of drugs ,we found a joint on the mantle piece and a tiny tiny weighing scales. The house was a mess .,vomit on walls, carpets ,wardrobe doors,mattresses ,oven had been burnt out ,washing machine full of dangerous mold which has now given me a chest infection as i didnt cover my mouth while trying to clean it,when we took oven out there was fire damage on the wall ,we're lucky the house is still standing. so we are now up to 2500 in damages and repairs. But again, HE'S GONE !!!

Now we are hoping to have it ready to be back on the rental market soon. We really dont want a rent allowance tenant again,sorry if this offends anyone,but we are so burnt from this whole experience. We put the ad up today on daft but cant mention no RA, i dont want to waste peoples time and so far we have only had RA applicants,my question is there any legal way i can mention on the ad no RA. i see some ads in cavan have it on there ads but is it legal now ,i know things were changed last month. i know there is no guarantee with any tenant but we just cant face dealing with RA again. Anyone with experience with how to deal with this ?

Thanks for everyone's support here over the last year