Difficult Tenant

Th3B1tcH

OP you need get them out ASAP legally, dont see much chance get arrears

Like rest said dont show your hand its going be like a game of poker so need play it smart if to get them out fast.

What I would try is dropping arrears amount owed depending how fast they move out eg. 75% if out in 2 weeks , 50% 4 weeks etc
I would also try playing the notice card tell them you'll let them away having give you notice and wont hold them to it.

I dont expect you get any arrears but least get your home back without losing any more money , you can always chase after for damages keep all receipts

PS. about reporting them I be very careful as DSP may stop payment to you and also as on rent review forms you filled in will show if arrears (maybe used against you if you said up to date)

GL hope you get it back fast

omnithanos

Th3B1tcH wrote: »

OP you need get them out ASAP legally, dont see much chance get arrears

Like rest said dont show your hand its going be like a game of poker so need play it smart if to get them out fast.

What I would try is dropping arrears amount owed depending how fast they move out eg. 75% if out in 2 weeks , 50% 4 weeks etc
I would also try playing the notice card tell them you'll let them away having give you notice and wont hold them to it.

I dont expect you get any arrears but least get your home back without losing any more money , you can always chase after for damages keep all receipts

PS. about reporting them I be very careful as DSP may stop payment to you and also as on rent review forms you filled in will show if arrears (maybe used against you if you said up to date)

GL hope you get it back fast

I'd only report them if the rent stopped coming in.
I've never been asked to fill a rent review form.

Taboola

omnithanos wrote: »

I'd only report them if the rent stopped coming in.
I've never been asked to fill a rent review form.

You've been given loads of good advice here. Why are you going on about reporting him? Who cares as long as you're getting *some* of your money. Worry about that and when the whole ordeal is over then report him. I don't see the point in adding more fuel to the fire.

You need to get him out. You need to get legal advice especially since judging by his reply he's not going to play ball.

MouseTail

This tenant knows the system, hence the text about BER (which he is right, legally you need one to rent a property). You are going to need legal advice and do everything to the letter.
I cant see this ending well.

ShaShaBear

Well I would totally disregard what everyone is saying about the dogs, because really you have no idea what's going on there financially.
A large bag of dog food in Lidl is 8 euro and would be more than enough to feed 4 medium sized dogs for a week. Small dogs possibly longer. And if he is supplementing with scraps it could last even longer still. He might not be supplying veterinary care to any of the dogs so you can't assume he is out that expense either. So in the grand scheme of things, getting rid of all four dogs might only save him 32 per month. Yes, that would be better spent on his arrears, but does not even CLOSE to suggest that owning 4 dogs equates to having a spare 250 odd per month.

Stick to the facts. He's in arrears. Initiate proper and lawful proceedings based on that alone. And ignore any passive threats he makes to you, lack of a BER cert is not an excuse to withhold rent. Nothing is.

The_Conductor

OP- you're going around in circles here.
You've been given good advice.
If you're not going to follow it- so be it- but this isn't a soap opera that we're going to host for the viewing pleasure of the masses.
You know what you have to do.
Letting property is a business- you need to treat it in this manner- your tenant is supposed to be purchasing a service from you- if you filled your car with gas and drove off- you'd be court in jig time- and rightly so. You too are running a business- and if you don't act like you are- you end up in situations like your current one.......

Now- cop on.

omnithanos

The_Conductor wrote: »

OP- if you filled your car with gas and drove off- you'd be court in jig time- and rightly so. .

But if you have an undesirable tenant you can't have them in court in jig time which highlights how inept the system is. When will we get an obviously much needed change in procedural law with regard to residential tenancies?

Tiger Mcilroy

omnithanos wrote: »

But if you have an undesirable tenant you can't have them in court in jig time which highlights how inept the system is. When will we get an obviously much needed change in procedural law with regard to residential tenancies?

In all fairness this whole sorry tale is down to your ineptitude, changing the rules isnt going to help when landlords dont have the first clue what they are doing and seem determined to ignore solid advice given to them.

Cuddlesworth

Tiger Mcilroy wrote: »

In all fairness this whole sorry tale is down to your ineptitude, changing the rules isnt going to help when landlords dont have the first clue what they are doing and seem determined to ignore solid advice given to them.

What's with the victim blaming? The house is rented, the renter isn't paying. At the end of the day, the landlord made mistakes in how he handled the situation but he didn't do anything wrong in respect to his obligations. The problem here is the flawed system around eviction.

Tiger Mcilroy

Cuddlesworth wrote: »

What's with the victim blaming? The house is rented, the renter isn't paying. At the end of the day, the landlord made mistakes in how he handled the situation but he didn't do anything wrong in respect to his obligations. The problem here is the flawed system around eviction.

There are plenty of threads on the poor system on boards already, this thread is about a difficult tenant that hasnt even overstayed yet due to the op not following the guidelines that are widely available.

Its a bit rich to blame the system when the op is happily ignoring it up to this point. It wasnt the system that let this tenant get away with taking the proverbial.

Victim blaming indeed.

The_Conductor

Moderator note:

Guys- lets remain civil towards one another here.
Constructive comments only please.

omnithanos

Tiger Mcilroy wrote: »

In all fairness this whole sorry tale is down to your ineptitude, changing the rules isnt going to help when landlords dont have the first clue what they are doing and seem determined to ignore solid advice given to them.

Changing the rules would make it easier for Landlords to decide to take action.
If your tenant missed the third months rent and you took immediate action you could end up getting nothing at all for a year. At least I have the RA paid directly now.

The_Conductor

omnithanos wrote: »

Changing the rules would make it easier for Landlords to decide to take action.
If your tenant missed the third months rent and you took immediate action you could end up getting nothing at all for a year. At least I have the RA paid directly now.

Omnithanos-

You came on here looking for advice.
You've been given it.
Your comments (such as above) serve to do little, save troll those people who took time and effort to offer you advice.

I specifically posted a message a few posts back- directing people to only post constructive comments on thread. The same goes for you- if you want to continue a discussion on this topic.

ted1

omnithanos wrote: »

Sent letter yesterday ordering that he remove both the new dog and the dog that can escape and that he pay the full arrears on the current agreement within 14 days.

He sent me the following text
"I was looking through the lease I've noticed something has been missing since the first time I rented the house and it's required by law to have one but your house doesn't have one and that's a B.E.R. cert"

We had a new fuse box installed before he moved in and I think the guy said we had a G rating but he didn't give us a cert so on the prtb registration form we have indicated there is no cert and the house has a G rating which is the worst one. Do you need a cert to prove you have the worst rating and why didn't the prtb inform me that I needed a cert when I registered?

Start the eviction process. Unless you paid the sparks for s BER I really doubt he gave you one.
It doesn't cost much to get one . You will need one for the new tenant anyway. Go get one
Don't forget to thank him for reading the lease and did he notice the part where the rent amount was writing

Wabbit Ears

I wonder if the creditor bill that has been discussed at great length to do with Irish water will be a game changer for the likes of the OP.

The ability to secure a court order to have social welfare payments redirected where monies are owed would really make a huge difference for landlords with SW and RA tenants.

Michael D Not Higgins

Wabbit Ears wrote: »

I wonder if the creditor bill that has been discussed at great length to do with Irish water will be a game changer for the likes of the OP.

The ability to secure a court order to have social welfare payments redirected where monies are owed would really make a huge difference for landlords with SW and RA tenants.

The process will be unchanged. Landlords will still have to first proceed through the PRTB process and continue to court to enforce any outcome.

For a social welfare tenant, how much will a court actually order to be redirected?

I reckon you'd be lucky to get a tenner a week and with arrears like in this case, it would take ten years to pay off.

Cuddlesworth

Michael D Not Higgins wrote: »

I reckon you'd be lucky to get a tenner a week and with arrears like in this case, it would take ten years to pay off.

I've never seen more than a fiver deducted.

CIARAN_BOYLE

Michael D Not Higgins wrote: »

The process will be unchanged. Landlords will still have to first proceed through the PRTB process and continue to court to enforce any outcome.

For a social welfare tenant, how much will a court actually order to be redirected?

I reckon you'd be lucky to get a tenner a week and with arrears like in this case, it would take ten years to pay off.

I know property tax can't take more than 7 a week off my dad's social welfare so he is stuck with a bill at the end of the year.

omnithanos

Cuddlesworth wrote: »

I've never seen more than a fiver deducted.

I'd be happy to get a fiver a week. Times are tough. What happens if he doesn't pay the fiver?

omnithanos

ted1 wrote: »

Start the eviction process. Unless you paid the sparks for s BER I really doubt he gave you one.
It doesn't cost much to get one . You will need one for the new tenant anyway. Go get one
Don't forget to thank him for reading the lease and did he notice the part where the rent amount was writing

I can ask Magoo to pay for the BER cert out of his arrears.

Puddle Q

omnithanos wrote: »

I'd be happy to get a fiver a week. Times are tough. What happens if he doesn't pay the fiver?

Just let the agency know and they will pay you €1 per day for eternity !

Taboola

omnithanos wrote: »

I'd be happy to get a fiver a week. Times are tough. What happens if he doesn't pay the fiver?

You're fooling yourself thinking you'll even get a fiver off him.

Shelflife

omnithanos wrote: »

I'd be happy to get a fiver a week. Times are tough. What happens if he doesn't pay the fiver?

omnithanos wrote: »

I can ask Magoo to pay for the BER cert out of his arrears.

Ok omnithanos heres where its at, the tenant owes you over 5k and I believe that you said that the deposit is already written off against this as well so effectively you have no deposit either.

The tenant wont pay you any more of the top to the rent so he will fall further and further into arrears that you will never ever get,you can go down the PRTB route and get an award against him (will take approx 12 mths) but you wont get that either and the arrears will keep mounting.

What will happen next is that the tenant will get the SW rent paid into his account and you will stop getting that as well while all of this is going on the dogs are making sh ite of the house and he will rack up a water bill that you will have to sort out.

Its up to you, you can fool yourself into thinking that it will all get sorted in the next few months and he will pay up or you can smell the coffee and realise that hes screwing you over.

Get him out as soon as you can otherwise this will turn into a huge problem for you down the road.

Fkall

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.

Why then does SW require the landlord to sign a declaration and provide the option for the rent to be paid directly to them?

The_Conductor

Fkall wrote: »

Why then does SW require the landlord to sign a declaration and provide the option for the rent to be paid directly to them?

Precedent.......
An unusually large number of social welfare recipients getting evicted, for non-payment of rent..........

The_Conductor

omnithanos wrote: »

I'd be happy to get a fiver a week. Times are tough. What happens if he doesn't pay the fiver?

OP- I'm closing your thread.
You're over 5k in debt- and you're nitpicking over a fiver a week.
I genuinely think you're trolling us- several people, myself included, have invested time and energy in trying to be helpful to you- you're throwing this back in our faced.

We are not here to facilitate you taking the piss out of us.

Thread closed.