Difficult Tenant

omnithanos

Puddle Q wrote: »

And your are trusting him because.......?

I don't trust him at all....


but I generally give people the benefit of the doubt.

omnithanos

foggy_lad wrote: »

OP you are legally responsible for any damage caused by the dogs and can be sued for damages if they bite someone!

Your neighbours could also take a case against you through the PRTB over the nuiscance caused by the dogs

Once I deliver him the letter on Modnay ordering him to remove the newest dog aa well as any dog that can get out I surely wouldn't have any case to answer to the prtb.
I was also unaware that the dogs were causing any nusience until I recieved a text on tuesday and got in contact with the more resonable neighbour today.

omnithanos

blackbird 49 wrote: »

I can't understand when in receipt of rent supplement, why is it not paid directly into landlords account.

Apparently it is only paid directly after the tenant arranges it.

omnithanos

the_syco wrote: »

Get rid of the tenant, and use an EA that will deal with this crap in future, as you don't seem to have the heart to say "no".

I wouldn't trust an Estate Agent, from my experience they appear to be neither trustworthy nor competent.

omnithanos

foggy_lad wrote: »

OP you are legally responsible for any damage caused by the dogs and can be sued for damages if they bite someone!

Your neighbours could also take a case against you through the PRTB over the nuiscance caused by the dogs

The tone of the texts I received from said neighbour are as follows:

Are you for real?
Let's get this clear the big black dog goes!!!!
of course your happy receiving an income every month while the residents have to live in terror.
u don't care as long as u get ur rent.

When I got the text informing me about the fourth dog on Tuesday I replied.
Thanks for the update. I'm dealing with it.

To which I received the reply:
So u are actually dealing with it this time...what exactly are u doing??????

To which I replied today:
I'll be issuing his first demand on Monday which will be followed up by a 28 day notice of eviction if he doesn't comply. The eviction process could take up to a year to get him out but I will tell him that if he leaves voluntarily I won't pursue him for arrears.

Based on this exchange I don't see how I could be perceived as being legally responsible for any damage caused by the dogs or sued for damages if they bite someone.

If you want a real laugh I could document the texts between myself and the Tenant on Tuesday evening.

Chemical Byrne

OP what has happened here is simple. You gave an inch, he took a mile!

It'll be very hard to roll back on this as you've set a terrible precedent of leniency.

I might take some flak for saying this but accepting a RA tenant was your first mistake.

Personally if it were me, I'd be of the opinion that as having the dogs was against the terms of the lease he should be given the options of either :
A. getting rid of the dogs (rehome, put down, who cares. It's his problem, not yours) or
B. termination of the tenancy on grounds of breaching the condition of his lease.

Tommo 76

omnithanos wrote: »

I wouldn't trust an Estate Agent, from my experience they appear to be neither trustworthy nor competent.

No offence but you are saying Estate Agents are not competent?

Seriously, you need to do up an EXACT figure of arrears, not just about this or that much, an exact figure, and make him aware of it (registered letter) so that you can say you made him aware of arrears, otherwise it could come across as a gentlemans agreement, oh sure I got a fella to fix the damp in the room, it was 3 grand to do it hence my rental reduction (you say no we agreed 400 euro, judge says - wheres the proof??, no evidence for you, your word vs his).

You actually seem very genuine, too genuine, which is good to see but means you are getting totally shafted. This person knows that, its not a case he hasnt the money as when you pressure him to pay he does, but he knows he gets away with it. You would get someone in to deal with this, be it a friend or family member that he doesnt know, because he knows you are a soft touch, so get them to explain they are now managing it, and pull him up on everything that's out of line. I really don't understand why you are letting him away with this at all?

You warn him about not having dogs without getting written permission, then he gets 3 dogs, and a little while later he has a fourth after you warn him what the neighbour said and no more allowed, he is taking the p!ss totally out of you, making you look very silly, yet you roll over and allow it. Another thing I would say, it is important to get your neighbours on side, they didn't sign up for this.

Step back, and take a long look at this situation, you are out of pocket over 6000, six thousand euros, six thousand!!! Its not a case he is short 10 euro or 20 euro, but he is basically over the period of 3 years, down over 6 months rent @ 975 a month. Thats a sixth of your income. Apologies if this seems a harsh reply but you need to get rid of this tennant.

omnithanos

Tommo 76 wrote: »

No offence but you are saying Estate Agents are not competent?

Seriously, you need to do up an EXACT figure of arrears, not just about this or that much, an exact figure, and make him aware of it (registered letter) so that you can say you made him aware of arrears, otherwise it could come across as a gentlemans agreement, oh sure I got a fella to fix the damp in the room, it was 3 grand to do it hence my rental reduction (you say no we agreed 400 euro, judge says - wheres the proof??, no evidence for you, your word vs his).

You actually seem very genuine, too genuine, which is good to see but means you are getting totally shafted. This person knows that, its not a case he hasnt the money as when you pressure him to pay he does, but he knows he gets away with it. You would get someone in to deal with this, be it a friend or family member that he doesnt know, because he knows you are a soft touch, so get them to explain they are now managing it, and pull him up on everything that's out of line. I really don't understand why you are letting him away with this at all?

You warn him about not having dogs without getting written permission, then he gets 3 dogs, and a little while later he has a fourth after you warn him what the neighbour said and no more allowed, he is taking the p!ss totally out of you, making you look very silly, yet you roll over and allow it. Another thing I would say, it is important to get your neighbours on side, they didn't sign up for this.

Step back, and take a long look at this situation, you are out of pocket over 6000, six thousand euros, six thousand!!! Its not a case he is short 10 euro or 20 euro, but he is basically over the period of 3 years, down over 6 months rent @ 975 a month. Thats a sixth of your income. Apologies if this seems a harsh reply but you need to get rid of this tennant.

I had put the exact figure for arrears into our second agreement. I'll have to calculate an updated figure. I have the agreement figure for the ceiling repair stored in a text and I'll be starting the process to evict on Monday.

And yeah I say EA's are dodgy, don't follow regulations, don't keep records and don't even take note of meter readings. They've even changed the locks on me before. Seems to be one rule for Receivers and another for Landlords.

DeltaWhite

Am I the only one annoyed that this chap is getting RA but yet can afford FOUR dogs??? My tiny little dog costs enough for me and I have a job!

omnithanos

He paid in €55 today woo hoo!

Michael D Not Higgins

DeltaWhite wrote: »

Am I the only one annoyed that this chap is getting RA but yet can afford FOUR dogs??? My tiny little dog costs enough for me and I have a job!

Well he's barely paying his rent so there's a saving.

Puddle Q

omnithanos wrote: »

He paid in €55 today woo hoo!

Well done. Only another €5945 to go

Cuddlesworth

I think you and others are getting hung up on the dogs and their behaviour/temperament.

You tenant, who owes you a substantial sum of money, increased his outgoings. This is no different than him buying a new car or TV or going on holidays. He prioritised himself and his lifestyle over his financial obligations to you.

He also breached his lease. He also placed himself into a position where 95% of the housing market won't take him, ignoring the RA.

Good luck with the eviction and I hope you can learn a lesson from this in future.

omnithanos

Cuddlesworth wrote: »

I think you and others are getting hung up on the dogs and their behaviour/temperament.

You tenant, who owes you a substantial sum of money, increased his outgoings. This is no different than him buying a new car or TV or going on holidays. He prioritised himself and his lifestyle over his financial obligations to you.

He also breached his lease. He also placed himself into a position where 95% of the housing market won't take him, ignoring the RA.

Good luck with the eviction and I hope you can learn a lesson from this in future.

Don't trust anyone and if someone leaves you a cent short kick up an incredible fuss from the start.
I'm using your line about he prioritising himself over his financial obligations to me in my letter.

Cuddlesworth

omnithanos wrote: »

Don't trust anyone and if someone leaves you a cent short kick up an incredible fuss from the start.
I'm using your line about he prioritising himself over his financial obligations to me in my letter.

Get advice from a solicitor. Do not send a letter stating the above. I have unfortunately heard first hand of PRTB judgements that go the wrong way because the landlord failed to follow the process to the ninth degree. Then they start the process all over again.

You will be evicting him for breaching his lease(dogs) and being in arrears. Thats it. Don't add anything else to the fire. Don't insult his money management skills or decisions in a letter. Don't make it personal, you're a business and he is not paying you for a service. Period.

sunnysoutheast

Cuddlesworth wrote: »

Get advice from a solicitor. Do not send a letter stating the above. I have unfortunately heard first hand of PRTB judgements that go the wrong way because the landlord failed to follow the process to the ninth degree. Then they start the process all over again.

You will be evicting him for breaching his lease(dogs) and being in arrears. Thats it. Don't add anything else to the fire. Don't insult his money management skills or decisions in a letter. Don't make it personal, you're a business and he is not paying you for a service. Period.

This is the best advice you will get in this thread.

Bear in mind that this is almost certainly only the start of it.

the_syco

Puddle Q wrote: »

You could find yourself in big trouble of anyone is attacked by these dogs considering you have been warned already.

As they're not his dogs, I don't see how. If the neighbour was actually attacked, surely they would've contacted the authorities?

omnithanos wrote: »

I wouldn't trust an Estate Agent, from my experience they appear to be neither trustworthy nor competent.

About that...

omnithanos wrote: »

in his first year at the property he had gone into arrears of over €5,000.

You're down €5,000 that you'll never see. Even if you get a PTRB ruling, he can just ignore it, or pay €5 a month.

ScottStorm

Sell the house, you said that ea's are untrustworthy? Well unfortunately as a landlord you are incompetent.

king_of_inismac

Ah give the guy a break. He made not be as professional as he needs to be to be a landlord, but he sounds like a honest decent guy.

The tenant is the problem here. Not the decent landlord.

Hope it works out for him.

Beta Canis Majoris

omnithanos wrote: »

He paid in €55 today woo hoo!

That was nice of him.

xxtippchickxx

will you be my Landlord :P i put down an double deposit when i asked my LL/estate agent would they accept a terrior seriously i think its time to start eviction,very few landlords accept rent allowance so your more than a decent enough landlord get someone else in and check references first best of luck

FishOnABike

blackbird 49 wrote: »

I can't understand when in receipt of rent supplement, why is it not paid directly into landlords account.

For the same reason an employer does not pay part of an employee's salary directly to their landlord if they are renting or bank/building society if they have a mortgage. The tenancy contract is between the tenant and landlord.

debabyjesus

Wow, I honestly didn't know a person could pocket their rent allowance. I thought it went directly to the landlord.

Op don't forget this is a very popular public website and the internet never forgets. Your tenant and/or attacked neighbour could be reading all this.

Arbiter of Good Taste

king_of_inismac wrote: »

Ah give the guy a break. He made not be as professional as he needs to be to be a landlord, but he sounds like a honest decent guy.

The tenant is the problem here. Not the decent landlord.

Hope it works out for him.

I suspect at least one of his neighbours doesn't think he's particularly decent.

Shelflife

Shelflife wrote: »

How can a landlord be responsible for the actions of a dog that belongs to a tenant ?

+1 to that, there is no way on earth the LL can be held responsible for anything the tenant does. The suggestion is ridiculous.

It's like saying if I drive into my neighbours car in my car my LL would be responsible..

Evict the tenant though, can't believe you let it go this far. After one month of arrears Id be looking to evict why have you let it go this far op.

omnithanos

FishOnABike wrote: »

For the same reason an employer does not pay part of an employee's salary directly to their landlord if they are renting or bank/building society if they have a mortgage. The tenancy contract is between the tenant and landlord.

The Rent Allowance is specifically intended for rental payment, an employee's salary is not so your argument is invalid.

omnithanos

xxtippchickxx wrote: »

will you be my Landlord :P i put down an double deposit when i asked my LL/estate agent would they accept a terrior seriously i think its time to start eviction,very few landlords accept rent allowance so your more than a decent enough landlord get someone else in and check references first best of luck

I've rented to dozens of tenants before this with no problems. A little give and take is sometimes required. What's stopping you from deciding not to pay any further rent if you were that way inclined? Even if your sticky landlord decided to instigate eviction proceedings immediately there'd be nothing stopping you from squatting rent free for a year. We need better regulation in this area. Not only do Landlords have no rights over their own properties but we are now expected to pay huge property tax bills irrespective of whether we can afford to pay them or not. There is no option for a landlord to deffer payment based on income like an owner occupier can. Plus the Revenue are dishonest, they deducted one of my property tax payments twice and refused to pay it back until I went to the ombudsman. The process took three months before I had my double payment returned. Now Irish Water say that a landlord is automatically considered to be the occupier of any house they own. How can you live in multiple houses?
Then you have banks and solicitors conspiring to repossess properties and sell them on without following due process.
Crooks the lot of them.

audi12

DeltaWhite wrote: »

Am I the only one annoyed that this chap is getting RA but yet can afford FOUR dogs??? My tiny little dog costs enough for me and I have a job!

landlord in this case has not got a clue what he is doing in fairness tenant is walking all over him

Sunny Dayz

DeltaWhite wrote: »

Am I the only one annoyed that this chap is getting RA but yet can afford FOUR dogs??? My tiny little dog costs enough for me and I have a job!

That was my thought too!! If he can afford 4 dogs, he can afford to pay the rent! But (and I'm not sure) isn't there something with social welfare assistance if you have a dog to go towards their food?

punisher5112

I'm lost as to how many of these threads pop up where the LL seems to know nothing about being an actual LL ?????

Op evict the tenant legally and be prepared to right off the €5k and possibly a lot more by the time you can eventually get him out.

I can guess there will be some nice repair bills and upgrade work needed when they leave.