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28 day eviction notice

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    #32
    massy086
    Registered Users Posts: 2,845 ✭✭✭massy086


    Auds22002 wrote: »
    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
    This story really should be highlighted in the media as to why ra tennents can't get houses. So glad you have your property back op


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    #33
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    You can advertise the property as suitable for professionals or state that work references are required. There is talk about making these illegal but for now it's a way around the ban on advertising that rent allowance is not accepted


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    #34
    Auds22002
    Registered Users Posts: 36 ✭Auds22002


    Great,thanks for that ,ive updated the ad now


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    #35
    jd
    Registered Users Posts: 5,700 ✭✭✭jd


    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 ?

    Look for 2+ months rent as deposit too


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    #36
    4Marie
    Registered Users Posts: 54 ✭✭4Marie


    This is awful. I am just reading through the comments and the story.
    Just wondering why the neighbours phoned you and not the guards with the complaints. I think you would of built up stronger case had there been recorded offences.

    Financially I think your solicitor did you an injustice. Sounds like it was dragged out and through the courts for no reason.

    As well I can't help but feel sorry for the man kicked out of his home. He clearly had many problems and needed help unfortunately these were at your expense for his living arrangements.

    I'm just wondering can you get money from the government that is owed to you by him not paying his part?

    The damages seem to be part of the package when a having a squatter and not a tenant. But sounds like no maintenance has been carried out for some time

    When you went to the solicitor did you ask how much is this going to cost me? How much have you loose over all? Would it have been cheaper to let him stay rent free ?


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    #37
    Auds22002
    Registered Users Posts: 36 ✭Auds22002


    4Marie
    i dont think you should feel sorry for him he was manipulating the system,for the last 3 months he lived with his pregnant girlfriend in her house, he only stayed on a sat in my house, at the court hearing i suggested he live with her seen as they were starting a family and she said there was no way he would ever live with her,when the judge asked where the child will live ,she said half the week with me half with him,they are still dating and this was the arrangement.she already had a house because she was already a single mum.

    In relation to maintainance we could not get access to the house for 16 months since this whole thing started. how can my
    paying a mortgage for a house i dont live in while someone lives in it for free be the cheaper option?
    i feel you just skimmed the other posts and did not get the full story. he was evicted on anti social behaviour when he got the notice he announced only a sheriff will get him out,and told us he was no longer paying rent that was last june 2014,not because he didnt have money . He also was not a squatter as he had a lease but broke it,i find it strange the conclusions you came to from reading these posts .

    The prtb dragged it out for a year and then as he didnt obey their legal orders we had to take it into our own hands and get a solicitor and bring him to court


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    #38
    GrayFox208
    Closed Accounts Posts: 335 ✭✭GrayFox208


    I wouldn't flat out reject tenants on RA I'd make sure to get at least 2 references and a 2 month deposit. It's scumbags like him that make people who have rent allowance because things are hard for them look bad.


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    #39
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    GrayFox208 wrote: »
    ... It's scumbags like him that make people who have rent allowance because things are hard for them look bad.

    I disagree.

    Its the system. If the system could sort this out in a timely manner, at reasonable costs to the LL. Then there would be no problems. It just illustrates how dysfunctional the system is. Everyone is gaining here, except the LL.


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    #40
    GrayFox208
    Closed Accounts Posts: 335 ✭✭GrayFox208


    beauf wrote: »
    I disagree.

    Its the system. If the system could sort this out in a timely manner, at reasonable costs to the LL. Then there would be no problems. It just illustrates how dysfunctional the system is. Everyone is gaining here, except the LL. Why would they sort it out.

    If rent is paid directly to a landlord and some scumbag goes in and doesn't pay his rent or breaks the place up why should the system pay for that? There should be a system in place where PPS numbers are given and any wanker who does this can be reported to the welfare and blacklisted and refused rent allowance. I was on rent allowance before and I didn't go around breaking up my house or doing drugs but it took months to find a house because every landlord refused to rent me a house because of this kind of ****e. One little tosser goes in and ruins it for everyone. Little dole scum who've no interest in going to do work and are happy to be paid to sit around and make **** of someone's house. It's a disgrace. They are the problem.


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    #41
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    GrayFox208 wrote: »
    ...There should be a system in place where...

    But there isn't.


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    #42
    GrayFox208
    Closed Accounts Posts: 335 ✭✭GrayFox208


    beauf wrote: »
    But there isn't.

    When someone says there should be, it's widely accepted that they are aware of that.


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    #43
    4Marie
    Registered Users Posts: 54 ✭✭4Marie


    Hi, Of course I feel sorry for him I am human after all.

    I read all the post out of interest. I didn't skim over them or come to any conclusions. (That's your assumption).

    I was actually was showing empathy towards you and the tenant and expressing interest by posting and offering my view.

    I agree the contract was broken and this man was at wrong. But he did become a squatter after the eviction date lapsed.

    In relation to the maintenance I think you have to take it into perspective. Again I am wishing you well. I am saying its a house that had no care. It's going to need paint and a bit work etc anyway for a new tenant. I'm sure not to this extent so I can understand your frustration.

    Bringing me back to my point about what's costing you money. I think you need to have a think if your spending money to get money and it's all adding up with no payoff then write it off. (Look up "bad depth") I was just trying to make a point that you spent all that money and and were never going to get any of it back.

    Again I know you just wanted to get him to leave the premises so you can earn from the property you bought to pay for itself .

    My only assumption is that by posting your good news so we can learn from each other.


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    #44
    FishOnABike
    Registered Users Posts: 4,471 ✭✭✭FishOnABike


    GuitarMusic wrote: »
    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.
    They should adopt the same approach as the small claims court and civil courts, if notice is shown to have been served and the respondent does not contest it there should be a judgement awarded in default of defense in favour of the applicant .


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    #45
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    4Marie wrote: »
    Hi, Of course I feel sorry for him I am human after all.... I'm sure not to this extent so I can understand your frustration....

    With all this empathy for the bad tenant, and little empathy for the LL providing the housing. The end result is people won't want to be LL's, and thus won't provide housing. They'll just sell the house to the bank. Then you'll wonder why the tenant can't get housing.


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    #46
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    FishOnABike wrote: »
    They should adopt the same approach as the small claims court and civil courts, if notice is shown to have been served and the respondent does not contest it there should be a judgement awarded in default of defense in favour of the applicant .

    A judgement will not pay the LL costs. As its probably not recoverable.


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    #47
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Glad you got rid of him. Chances are he's with his girl friend. If it was me I'd be calling social welfare to advise them of the situation.
    If she had sense shed get rid of him but she probably doesn't.


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    #48
    GrayFox208
    Closed Accounts Posts: 335 ✭✭GrayFox208


    Damari Red River wrote: »
    Glad you got rid of him. Chances are he's with his girl friend. If it was me I'd be calling social welfare to advise them of the situation.
    If she had sense shed get rid of him but she probably doesn't.

    She has two children one with a scumbag and another one prior. I don't think sense is her strong point.


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    #49
    celligraphy
    Registered Users Posts: 492 ✭✭celligraphy


    Thank goodness you got rid of him , it's disgusting how people can treat some houses but As someone who is unemployed and a rent allowance tenant , don't lost out all ra applicants not all of us are bad.

    Although asking for two months deposit is a great idea too , the house I now live in was a advertised as not accepting ra but I guess two months deposit and previous references helped my situation.

    It's people like him who play the system over and over , if I were you I would report him to social welfare knowing his type he's probably still claiming from your address


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    #50
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    4Marie wrote: »
    This is awful. I am just reading through the comments and the story.
    Just wondering why the neighbours phoned you and not the guards with the complaints. I think you would of built up stronger case had there been recorded offences.

    Financially I think your solicitor did you an injustice. Sounds like it was dragged out and through the courts for no reason.

    As well I can't help but feel sorry for the man kicked out of his home. He clearly had many problems and needed help unfortunately these were at your expense for his living arrangements.

    I'm just wondering can you get money from the government that is owed to you by him not paying his part?

    The damages seem to be part of the package when a having a squatter and not a tenant. But sounds like no maintenance has been carried out for some time

    When you went to the solicitor did you ask how much is this going to cost me? How much have you loose over all? Would it have been cheaper to let him stay rent free ?

    Wow, that's some convoluted thinking. The guy is a scumbag. Hi girlfriend is also scumbag. The pair of them are playing the system and both the taxpayer and the OP have to pay.

    The lesson from the OP's story seems to be to change the locks at the first hint of trouble as it looks like a landlord will be out by thousands of Euro whatever they do. In that case, may as well get the tenants out of the house before they cause too much damage


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    #51
    1hnr79jr65
    Registered Users Posts: 916 ✭✭✭1hnr79jr65


    Based on what you said about the state of the house, especially the mould in washing machine would there not be a way to evict on health and safety grounds?

    I would presume you are allowed to inspect the property at least once a month and if you verified mould as health as safety issue due to improper maintenance by tenant then maybe you could get special dispensation to evict on those grounds.

    It would be helpful if tenant was to try claim they were getting ill from mould in house and what not?


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    #52
    superleedsdub
    Registered Users Posts: 362 ✭✭superleedsdub


    As a former landlord (luckily I was able to sell my property last month), my advice to the OP would be to use a letting agent to manage the property. A good letting agent will properly vet all applicants and also regularly inspect the property. They may also have a list of good tenants (for example, I had excellent tenants in the year before I sold my property) that they could recommend...

    This won`t 100% protect you from bad tenants but will reduce the probability of having a tenant such as the one described in this thread...


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    #53
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    superleedsdub wrote: »
    As a former landlord (luckily I was able to sell my property last month), my advice to the OP would be to use a letting agent to manage the property. A good letting agent will properly vet all applicants and also regularly inspect the property. They may also have a list of good tenants (for example, I had excellent tenants in the year before I sold my property) that they could recommend...

    This won`t 100% protect you from bad tenants but will reduce the probability of having a tenant such as the one described in this thread...

    Tried that and discovered letting agents will lie about tenants to get their commission. Back in my landlord days we used two highly recommended agents and found that both lied to us about the tenants they placed in our house. A professional couple working in IT turned out to be six builders who wrecked the carpets and furniture. The quiet family who wanted to be near the local school turned into God knows how many foreign workers crammed into every room. Do it yourself, nobody will protect your investment in your property better than you can.


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    #54
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Very hard to get a good letting agent.

    Again its the flawed system and laws. They've removed a lot of protection/power from LLs, and by association letting Agents.


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    #55
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    OP, very sorry for your trouble and being put through such an ordeal.

    Some people deserve to be homeless. Perhaps that would make them appreciate and respect having somewhere to live.


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    #56
    FishOnABike
    Registered Users Posts: 4,471 ✭✭✭FishOnABike


    Sour Lemonz wrote: »
    I would presume you are allowed to inspect the property at least once a month
    :eek: I would think this is far too intrusive. There has to be a balance between a tenants right to peaceful enjoyment of their home and a landlord's right to protect their property. If you want this degree of oversight you need to live on the premises and share with licensees not rent to tenants.

    There is a need for reform to deal with problems far more quickly and efficiently than at present.


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    #57
    jetfiremuck
    Registered Users Posts: 3,467 ✭✭✭jetfiremuck


    The problems are vagaries of the law, the application of same and the PC mindset of eviction and stigma associated with it all foisted on the landlord. Leases should be minimum of 1 year with the option to renew. The problem/mindset is the gov consider Ra as a permanent solution to accommodation for those that either chose not to work or won't work.it really it should be the tenants responsibility.


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    #58
    GrayFox208
    Closed Accounts Posts: 335 ✭✭GrayFox208


    FishOnABike wrote: »
    :eek: I would think this is far too intrusive. There has to be a balance between a tenants right to peaceful enjoyment of their home and a landlord's right to protect their property. If you want this degree of oversight you need to live on the premises and share with licensees not rent to tenants.

    There is a need for reform to deal with problems far more quickly and efficiently than at present.

    Actually once a month is well within a landlords rights.


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    #59
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    jetfiremuck wrote: »
    The problems are vagaries of the law, the application of same and the PC mindset of eviction and stigma associated with it all foisted on the landlord. Leases should be minimum of 1 year with the option to renew. The problem/mindset is the gov consider Ra as a permanent solution to accommodation for those that either chose not to work or won't work.it really it should be the tenants responsibility.

    I'd be of the belief that the first lease should be 5.5 months so that the landlord can get a true sense of the tenant before they gain part four rights.


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    #60
    JillyQ
    Registered Users Posts: 2,382 ✭✭✭JillyQ


    4Marie wrote: »
    This is awful. I am just reading through the comments and the story.
    Just wondering why the neighbours phoned you and not the guards with the complaints. I think you would of built up stronger case had there been recorded offences.

    Financially I think your solicitor did you an injustice. Sounds like it was dragged out and through the courts for no reason.

    As well I can't help but feel sorry for the man kicked out of his home. He clearly had many problems and needed help unfortunately these were at your expense for his living arrangements.

    I'm just wondering can you get money from the government that is owed to you by him not paying his part?

    The damages seem to be part of the package when a having a squatter and not a tenant. But sounds like no maintenance has been carried out for some time

    When you went to the solicitor did you ask how much is this going to cost me? How much have you loose over all? Would it have been cheaper to let him stay rent free ?


    Why in gods name would you feel in anyway sorry for him. He is a parasite who has done untold damage to the op property & cost him a small fortune in solicitors fees.


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    #61
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    4Marie wrote: »
    This is awful. I am just reading through the comments and the story.
    Just wondering why the neighbours phoned you and not the guards with the complaints. I think you would of built up stronger case had there been recorded offences.

    Financially I think your solicitor did you an injustice. Sounds like it was dragged out and through the courts for no reason.

    As well I can't help but feel sorry for the man kicked out of his home. He clearly had many problems and needed help unfortunately these were at your expense for his living arrangements.

    I'm just wondering can you get money from the government that is owed to you by him not paying his part?

    The damages seem to be part of the package when a having a squatter and not a tenant. But sounds like no maintenance has been carried out for some time

    When you went to the solicitor did you ask how much is this going to cost me? How much have you loose over all? Would it have been cheaper to let him stay rent free ?

    I'm not sure if you are trolling here. The person you feel sorry for is a parasite and a thief. He had a place to live but took over someone else's home, thrashed it, didn't pay rent and hid behind week eviction laws. Maybe he should move into your house for free and see how sorry you feel for him.

    I wouldn't feel sorry for him if he was run over by a truck.

    To OP, it sounds like your solicitor wasn't much help in this either, I'm not an expert but I would expect someone I'm paying to be more aggressive and focused on resolving the issue. Either way at least they're gone now. These are the reasons people won't take RA tenants.

    You are not allowed advertise as RA only but you are allowed to ask for reference from employers and 2 months rent up front. This should ensure you avoid someone like this in the future.


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