Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

First time landlord - The bad and the ugly crazy tenant nighmares

Options
13

Comments

  • Options
    #62
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    eriepeking wrote: »
    What is the best way to do then in my situation where I want to put a fixed term on to this person who is going to rent a room from my house? He/she cant walk out on me or not fulfilling the lease term by simply giving me a notice?

    Or i cant bond them at all and only hope they d stay the term they promised ?

    You can't. Your situation is a scheme not law. This fixed term has now backfired on you because there is no break clause in the contract and you can't get rid of a person that is causing trouble in your house because you put a badly written contract in place.


  • Options
    #63
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    I think you'd best get the lodgers out. And don't rent out rooms any more until you understand what you want from the arrangement, and what's legally required...


  • Options
    #64
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    The_Morrigan wrote: »
    You can't. Your situation is a scheme not law. This fixed term has now backfired on you because there is no break clause in the contract and you can't get rid of a person that is causing trouble in your house because you put a badly written contract in place.

    What about the clause i ve said in my previous post. I can repossess the room indeed in the terms i ve written in the post.


  • Options
    #65
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    It's simple. The lodgers have indicated they want to move before Christmas? Tell them to give you the notice in writing. It then obliges them to move out by that date. If they don't? Then put their stuff out in the street. They no longer live there.

    And refer to my previous post!


  • Options
    #66
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    ABajaninCork wrote: »
    It's simple. The lodgers have indicated they want to move before Christmas? Tell them to give you the notice in writing. It then obliges them to move out by that date. If they don't? Then put their stuff out in the street. They no longer live there.

    And refer to my previous post!

    Yes ! All these have been done. But they r in arrears on rent. So the term i have listed on the lease may happen first. Should be fine now.


  • Advertisement
  • Options
    #67
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    eriepeking wrote: »
    What about the clause i ve said in my previous post. I can repossess the room indeed in the terms i ve written.

    It's badly written and I don't think it's valid.
    You talk about statutory provisions and rights and remedies afforded to the landlord - none of which are applicable to the rent a room scheme.

    You should come to a mutual agreement with all parties to end this 'contract' put it in writing and stop taking in tenants until you understand what is required of you.

    You've been told over and over and over in this thread that you are not a landlord, that the people staying in your house are not tenants and you are ignoring all the advice being given to you.


  • Options
    #68
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    The_Morrigan wrote: »
    It's badly written and I don't think it's valid.
    You talk about statutory provisions and rights and remedies afforded to the landlord - none of which are applicable to the rent a room scheme.

    You should come to a mutual agreement with all parties to end this 'contract' put it in writing and stop taking in tenants until you understand what is required of you.

    You've been told over and over and over in this thread that you are not a landlord, that the people staying in your house are not tenants and you are ignoring all the advice being given to you.

    Wow...... i really have been taking in advises and the things are getting solved. Appreciate your comments but there is no need to get all angry about it....... gee.....


  • Options
    #69
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    eriepeking wrote: »
    Yes ! All these have been done. But they r in arrears on rent. So the term i have listed on the lease may happen first. Should be fine now.

    I'd forget about the arrears, TBH and just get the crazy people out. Give back the deposit in full, unless there's serious damage.

    When they leave - Change the locks!!


  • Options
    #70
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    eriepeking wrote: »
    Wow...... i really have been taking in advises and the things are getting solved. Appreciate your comments but there is no need to get all angry about it....... gee.....

    It's frustration - we have a good bunch of people in here giving advice and you keep coming back with posts about tenancy law and contracts and faffing about pandering to this person.
    You were given a very detailed answer to your opening post in post #2 - we are now on post #6870.


  • Options
    #71
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    The_Morrigan wrote: »
    It's frustration - we have a good bunch of people in here giving advice and you keep coming back with posts about tenancy law and contracts and faffing about pandering to this person.
    You were given a very detailed answer to your opening post in post #2 - we are now on post #6870.

    Ha ! No worries. Appreciate everyones help and great advises. I know you all want the best for me. Thanks for that ! It will be all good soon.


  • Advertisement
  • Options
    #72
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Fixed term rent a room agreements are not the norm. If your house is in a good location and the rent is right and it's a pleasant living situation you should have no worries about keeping the rooms rented.

    I'm surprised you opted for foreign students, I enquired about the arrangements from my local IT and they explained that they tend to take a rent a room deal at first as they're not tied to a lease and then when they make friends they tend to move out and move in with friends. Which makes sense. And it may be why your renters are causing trouble, forcing you to end the licence/lease.

    Avoid the lease next time, have a set of house rules but no signed lease.


  • Options
    #73
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    eriepeking wrote: »
    What is the best way to do then in my situation where I want to put a fixed term on to this person who is going to rent a room from my house? He/she cant walk out on me or not fulfilling the lease term by simply giving me a notice?

    Or i cant bond them at all and only hope they d stay the term they promised ?

    A break clause for issues just like this.


  • Options
    #74
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    salamanca22 wrote: »
    A break clause for issues just like this.

    No....rent a room is not a lease situation. The home owner has most protection when NO lease is in place.


  • Options
    #75
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    athtrasna wrote: »
    No....rent a room is not a lease situation. The home owner has most protection when NO lease is in place.

    A contract can be put in place that protects only one party. A break clause that specifies all scenarios that a landlord may break the contract whilst the other party has no protection in the clause will give a landlord a lot more protection than having no lease in the first place.


  • Options
    #76
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    salamanca22 wrote: »
    A contract can be put in place that protects only one party. A break clause that specifies all scenarios that a landlord may break the contract whilst the other party has no protection in the clause will give a landlord a lot more protection than having no lease in the first place.

    The parties to a contract should be on equal footing, a biased contract may not be deemed enforceable in law.


  • Options
    #77
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    The_Morrigan wrote: »
    The parties to a contract should be on equal footing, a biased contract may not be deemed enforceable in law.

    I didnt list the rest terms but the other party does enjoy great equality as I do. Anyhow, I ve just sent an email to my solicitor. I ll have an appointment set up with him.


  • Options
    #78
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    eriepeking wrote: »
    I didnt list the rest terms but the other party does enjoy great equality as I do. Anyhow, I ve just sent an email to my solicitor. I ll have an appointment set up with him.

    I wasn't referring to your contract.

    Also, you shouldn't need a solr for the rent a room scheme, you really are making this overly complicated.


  • Options
    #79
    eriepeking
    Registered Users Posts: 29 ✭eriepeking


    salamanca22 wrote: »
    A contract can be put in place that protects only one party. A break clause that specifies all scenarios that a landlord may break the contract whilst the other party has no protection in the clause will give a landlord a lot more protection than having no lease in the first place.

    I share the same thoughts .... my husband was laughing at me for spending my whole weekend on this thread and got negative feedbacks. I m still not sure for not having a contract, I ll have an appointment with my solicitor.


  • Options
    #80
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    This thread is a good starting place http://www.boards.ie/vbulletin/showthread.php?t=2057250419


  • Options
    #81
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    eriepeking wrote: »
    Very helpful advise on the insurance! She has now kept her window closed and opens when she s around.

    Yesterday, my husband and i came home found out the door was not locked and there s no one home!! Text both her and her friend saying please have it locked at all times. Both replied saying no problem and one confessed it was her and apologised.

    Fingers crossed no more drama between now and christmas ( i.e. the agreed time they move out)
    The door being left open is enough to change the locks and only let her back in to collect her stuff when you are at home!
    eriepeking wrote: »
    What is the best way to do then in my situation where I want to put a fixed term on to this person who is going to rent a room from my house? He/she cant walk out on me or not fulfilling the lease term by simply giving me a notice?

    Or i cant bond them at all and only hope they d stay the term they promised ?
    You can't unless you move out of your own house and lease it out to tenants! even then tenants can overstay and it can be almost impossible to get them out.

    Be thankful that you are not a landlady but owner occupier.
    eriepeking wrote: »
    Yes ! All these have been done. But they r in arrears on rent. So the term i have listed on the lease may happen first. Should be fine now.
    If they are in arrears then throw them out on the street. They have breached any contract you think exists. stop making up excuses for them to stay, they are nothing but trouble to you and have put you in danger of being burgled on more than one occasion.


  • Advertisement
  • Options
    #82
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    Greenmachine wrote: »
    We don't have mosquitoes in ireland for a start, then there is the fact that it is too cold for them this time of year.

    Just on this. Yes we do have mosquitoes. North County Dublin is plagued with them along the coast.

    Some halfwit lord introduced them as a feature to his gardens near Malahide over a century ago, and they've been spreading up and down the east coast ever since.

    As for too cold? I saw a rake of them today, and killed one that got in.


  • Options
    #83
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    OP
    Im not sure you can be helped, you are not suited to letting rooms, no offense.
    I stopped reading your opening post when I got to the bit about conditions for you and your husband, I read the rest of the thread and it has for the most part been on the ball advice.
    I'm not going to point to all what was right as its more or less all of it.

    As for having a contract or approaching a solicitor, you dont need it, you've tied yourself into trouble with a lease. House rules, open to updating by you subject to circumstances/problems that may occur.

    Where is/are the person/s from?
    Are you Irish yourself?

    Tell her to cop on or her stuff will be out the door for collection and locks changed, Id suggest 24hrs notice, but you seem to have written yourself out of that. The problem with giving someone a weeks notice is that they have time to act the dick, and create problems, 24 hours is enough time to clear their stuff up and put them out normally.
    Any threats, out in a second, that or any other concerns call the Gardai, you were under no obligation to explain the law, show them information or do anything for them and thats what happens when you do, no doubt this person was worse to begin with, but its better to be absolutely clear who is in charge and what rules there are, what is allowed and what isnt and that its open to updating (ie, everyone with any sense knows, you dont leave a window open in winter, you'd nearly expect that to be common knowledge, WRONG!, having let rooms in the past, you cant know what people think is right or wrong or acceptable, so you have to tell them what you want, if they arent happy with that, they can go somewhere else. With rules, everyone knows where they stand from the start, instead, being too friendly and hoping/assuming it will work out ok with no rules or considering that might not appear nice, is what cause these problems to rear their ugly heads.


  • Options
    #84
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    From the username and the things that have been going on, I think the OP is Asian - maybe Chinese.


  • Options
    #85
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    ABajaninCork wrote: »
    From the username and the things that have been going on, I think the OP is Asian - maybe Chinese.

    okayy, I wasnt jumping to conclusions
    Anyway, OP I didnt mean to offend you in anyway saying you dont sound cut out for letting rooms, you sound too pleasant, way too pleasant for it.
    There's no harm being pleasant though, just not be a doormat at the same time, and once the rules are laid down, always leave it open for you to update them on the spot, so if some idiot says they want to do something like let fresh air into the house and decide to leave the front and back doors open (or windows) whether they are there or not, I know thats probably excessive, but as an example, you can tell them on the spot, its not on, hence new rule implemented. You do not have tenants, you are not a landlord, they have no rights, leases are not needed, nor are solicitors.

    Im just wondering about where OP (and their licensees) are from, as most Irish people would be too stubborn or house proud to tolerate such sh i t off someone, I know I would.

    Im also wondering what kind of tool or where such a tool of a licensee would come from, in particular in this circumstance.


  • Options
    #86
    Cool Rider
    Registered Users Posts: 78 ✭✭Cool Rider


    I shared apt.'s for almost 5 years with others mostly friends at first but never ended well.
    Luckily for last 6 years I am living only with family and never ever I will rent a room.

    When you live with other people you have problems, that is rule of thumb.


  • Options
    #87
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    eriepeking wrote: »
    I share the same thoughts .... my husband was laughing at me for spending my whole weekend on this thread and got negative feedbacks. I m still not sure for not having a contract, I ll have an appointment with my solicitor.

    You are not really getting negative feedback, its very constructive.
    Cool Rider wrote: »
    I shared apt.'s for almost 5 years with others mostly friends at first but never ended well.
    Luckily for last 6 years I am living only with family and never ever I will rent a room.

    When you live with other people you have problems, that is rule of thumb.

    Not necessarily, some people can create problems, where either no rules have been pointed out or they refuse to follow them or follow them selectively.
    I agree that some people can start taking liberties.


  • Options
    #88
    pooch90
    Registered Users Posts: 2,379 ✭✭✭pooch90


    Why are you going back to a solicitor that steered you completely wrong in the past? Seems like throwing good money after bad.
    I wouldn't have let them stay until Xmas, what if they don't leave? Do you really want them stuck there over the Festive period? I'd give them two weeks and get the hell out.


  • Options
    #89
    zetalambda
    Closed Accounts Posts: 822 ✭✭✭zetalambda


    eriepeking wrote: »
    Just to add another bit on this heasache issue. She told me the smell in her room was so bad and a mosquito flew in her room and immediately passed out and died on the floor !

    I just dont know how to respond to comments like that !

    It died of exhaustion after flying all the way from Africa.


  • Options
    #90
    Mrs OBumble
    Registered Users Posts: 25,886 ✭✭✭✭Mrs OBumble


    Ahh, for some people the "festive period" is just an inconvenient close-down in the world, and their real holiday is Chinese New Year, or whatever. But that's pretty irrelevant, if they OP has a plan that they're happy with for the students to be gone by 25 December.

    OP, I would tread very, very carefully here. From some incidents you've described it's quite possible that your student-lodger is actually mentally ill (a more helpful term than "loony" as some other posters have put it). If you were to do something rash like put them out immediately as some people have suggested, then it's possible that they might do something rash in return. I don't want to name possibilities here - but let's just say that the cleanup might involve the guards, ambulance and/or guards - as well as some very difficult conversations with the student's parents.

    If I was you, I would do everything I could to facilitate the students moving out to live somewhere else, on an amicable basis. Be firm and polite, not rude and abrasive. And if necessary, gloss over certain points if you are contacted for a reference by a potential future landlord.



    (Yes, I know, possibly the student is just a total chancer who knows how to fake illness. But IMHO it's not worth taking the risk that they aren't.)


  • Advertisement
  • Options
    #91
    hdowney
    Registered Users Posts: 12,921 ✭✭✭✭hdowney


    Mrs OBumble wrote: »
    Ahh, for some people the "festive period" is just an inconvenient close-down in the world, and their real holiday is Chinese New Year, or whatever. But that's pretty irrelevant, if they OP has a plan that they're happy with for the students to be gone by 25 December.

    OP, I would tread very, very carefully here. From some incidents you've described it's quite possible that your student-lodger is actually mentally ill (a more helpful term than "loony" as some other posters have put it). If you were to do something rash like put them out immediately as some people have suggested, then it's possible that they might do something rash in return. I don't want to name possibilities here - but let's just say that the cleanup might involve the guards, ambulance and/or guards - as well as some very difficult conversations with the student's parents.

    If I was you, I would do everything I could to facilitate the students moving out to live somewhere else, on an amicable basis. Be firm and polite, not rude and abrasive. And if necessary, gloss over certain points if you are contacted for a reference by a potential future landlord.



    (Yes, I know, possibly the student is just a total chancer who knows how to fake illness. But IMHO it's not worth taking the risk that they aren't.)



    I am sorry that is advocating foisting the problem off on someone else and not giving them all the facts as you have them. I don't think that is a very nice or good idea. If someone did that to you and you were lumbered with this student faking or not you wouldn't be very happy I am sure


Advertisement