Rent Late and Tenant Not Contactable

tipping

My tenant rang me at the start of the month and said that they'd be a few days late with the rent as they were away. I said not problem as they've been good tenants for the last few years.

Anyway nearly 3 weeks later and I can't get in contact with them, no reply to emails, text messages and phone going straight to voicemail.
Spoke to a neighbour today who said she hasn't seen the tenant for 3 weeks but that someone else is in the apartment for the last few weeks, which would be in breach of the lease.

I want to serve the 14 day notice of arrears but don't know the correct way of doing it. I was planning on dropping up the apartment knocking on the door and dropping it in, it might also let me know who is actually in there and reinforce that I need to speak to the leaseholder straight away. Will also send a copy by registered post but how do you prove delivery if no-one will sign for it.

Any advice appreciated. I will be keeping it strictly above board but seeing as I've already given them a few weeks grace I want to kick off the process straight away.

3DataModem

Well I would take report from the neighbour that the tenant seems to be away, and someone suspicious is in there. To protect your interest, and the tenants, it would be prudent to drop by and ensure the place is secure. Obviously best to contact the tenant first, but you've tried that in good faith.

If you happen to find out when you are there that the tenant has vacated then I would again attempt to contact them. In the meantime to ensure the tenants belongings are secure you can perhaps change or update the locks, and let the tenant know as best you can where they can come and collect a new key.

Separately you can serve them a notice to quit.

Gumbo

tipping wrote: »

My tenant rang me at the start of the month and said that they'd be a few days late with the rent as they were away. I said not problem as they've been good tenants for the last few years.

Anyway nearly 3 weeks later and I can't get in contact with them, no reply to emails, text messages and phone going straight to voicemail.
Spoke to a neighbour today who said she hasn't seen the tenant for 3 weeks but that someone else is in the apartment for the last few weeks, which would be in breach of the lease.

I want to serve the 14 day notice of arrears but don't know the correct way of doing it. I was planning on dropping up the apartment knocking on the door and dropping it in, it might also let me know who is actually in there and reinforce that I need to speak to the leaseholder straight away. Will also send a copy by registered post but how do you prove delivery if no-one will sign for it.

Any advice appreciated. I will be keeping it strictly above board but seeing as I've already given them a few weeks grace I want to kick off the process straight away.

It sounds to me that this could be one of those emergency occasions, that allows you to drop by and enter the apartment without notice.

Rent late, tenant not returning calls, texts or emails, neighbour hasn't seen them, I'm sure you are simply concerned for their welfare

tipping

kceire wrote: »

It sounds to me that this could be one of those emergency occasions, that allows you to drop by and enter the apartment without notice.

Rent late, tenant not returning calls, texts or emails, neighbour hasn't seen them, I'm sure you are simply concerned for their welfare

Not sure if I want to be entering the property/changing the locks etc but I reckon I'm entitled to knock on the door at least and serve the notice of rent arrears. Would a photo of dropping through the letter box be sufficient evidence along with text message and email?

Now if I find out when there that someone else is living there then I suppose I'll have to figure out what the correct procedure is from there.

Also I've opened a dispite with the prtb (for all the good that will though). I presume contacting the CWO, as they are in receipt of some rent allowance might also be of benefit.

Penny Tration

tipping wrote: »

Not sure if I want to be entering the property/changing the locks etc but I reckon I'm entitled to knock on the door at least and serve the notice of rent arrears. Would a photo of dropping through the letter box be sufficient evidence along with text message and email?

Now if I find out when there that someone else is living there then I suppose I'll have to figure out what the correct procedure is from there.

Also I've opened a dispite with the prtb (for all the good that will though). I presume contacting the CWO, as they are in receipt of some rent allowance might also be of benefit.

Is their rent allowance is paid directly into your bank account, calling the CWO would only succeed in that payment being stopped.

tipping

Jenny Thalia wrote: »

Is their rent allowance is paid directly into your bank account, calling the CWO would only succeed in that payment being stopped.

No always been paid directly to them. First issue with them in the 2 years of tendency too but if I'm not getting it I don't want them getting it either.

njs030

tipping wrote: »

No always been paid directly to them. First issue with them in the 2 years of tendency too but if I'm not getting it I don't want them getting it either.

It will be stopped immediately and won't be reinstated until an agreement is made with you about arrears. I bet they'll be in touch then!

tipping

notjustsweet wrote: »

It will be stopped immediately and won't be reinstated until an agreement is made with you about arrears. I bet they'll be in touch then!

But does the notice of arrears and 14 days waiting period have to come first.

njs030

tipping wrote: »

But does the notice of arrears and 14 days waiting period have to come first.

No,rent allowance is for paying rent and nothing else so you're doing the right thing by telling sw- you can tell them that you are sending the tenant an arrears notice.
Give them a call on Monday and itll be stopped from next week.

tipping

notjustsweet wrote: »

No,rent allowance is for paying rent and nothing else so you're doing the right thing by telling sw- you can tell them that you are sending the tenant an arrears notice.
Give them a call on Monday and itll be stopped from next week.

OK will do and thanks for the advice. This being an involuntary landlord thing wasn't so bad until this week. I reckon I'll call to house on Sunday anyway to serve notice although it involves driving from cork to Dublin.. Probably not fair to ask a mate to do it and I might get a better handle on what's going on in person.

The sooner we can sell up the better.

tipping

P.s If someone else answers the door and i determine is living there in breach of lead can I serve notice of eviction straight away or do I have to wait the 14 days for non payment of rent

Youngblood.III

If someone is living there that is not part of the original tenancy agreement then they are in the property illegally...trespassing.... call the garda and get them to leave the property, they have no right to be there.

tipping

Youngblood.III wrote: »

If someone is living there that is not part of the original tenancy agreement then they are in the property illegally...trespassing.... call the garda and get them to leave the property, they have no right to be there.

I can't imagine the guards calling out to a house and evicting people on the spot regardless of any circumstances..
I suppose a chat with a solicitor on Monday won't be any harm as if there are other people living there legal advice would be required and this isn't a place for legal advice..

I want to keep ask this fully above board and follow the correct process even if that costs me something extra in the long run.

So current plan is call to house and serve notice of arrears over the weekend (already done by email and text message)
If no answer contact CWO Monday morning and get payment stopped. Wait 14 days then serve NOT. If property has been abandoned I believe I can reclaim after 28 days.
If someone else answers the door and appears to be living there contact solicitor, guards (possibly) and contact CWO as above. Serve NOT immediately for breach of lease.
Hopefully CWO can tell me if they've transferred rent allowance somewhere else or similar.

Open case with prtb. (Can you talk to someone there on the phone or is it all online??)

All legal and above board i hope.

njs030

Usually you can't get rent allowance on a new rented property without a letter from the previous landlord saying the rent was fully paid at the end of the tenancy.

Mrs OBumble

tipping wrote: »

If someone else answers the door and appears to be living there contact solicitor, guards (possibly) and contact CWO as above. Serve NOT immediately for breach of lease. Hopefully CWO can tell me if they've transferred rent allowance somewhere else or similar.

Ahh, hold on. If someone answers, start by asking them to explain what's going on.

The above may be the correct course of action (except there's no point in calling the guards unless there's actually a crime involved).

But for all you know, the tenant may have got sick overseas and be stuck in a hospital there. They may have a friend house-sitting while they're away. Etc.

You need to investigate and get some more information before deciding what to do.

Also, note that the CWO most likely won't tell you anything about what the tenant has done. They will receive your information, and may act on it, but they can't tell you what the tenant is up to. At least not legally.

the_syco

notjustsweet wrote: »

I bet they'll be in touch then!

Or they could just stop paying rent, and not move out.

tipping wrote: »

I reckon I'll call to house on Sunday anyway to serve notice although it involves driving from cork to Dublin

In the court of law, it'll be their word versus your word. In other words; a waste of petrol. Send the letter by registered post.

tipping wrote: »

My tenant rang me at the start of the month and said that they'd be a few days late with the rent as they were away. I said not problem as they've been good tenants for the last few years.

Anyway nearly 3 weeks later and I can't get in contact with them, no reply to emails, text messages and phone going straight to voicemail.
Spoke to a neighbour today who said she hasn't seen the tenant for 3 weeks but that someone else is in the apartment for the last few weeks, which would be in breach of the lease.

So, they have told you that they'll be late on rent, and thus know that they will be late paying the rent. This could mean that something came up, and that they had to pop back to wherever they came from to sort out stuff.

Pop over if you wish, but only to see who's in the house. Could be someone house-sitting as for your tenants. Said person will probably have contact details for the tenants.

If they don't answer the door, have a pre-typed letter asking for contact number in english and their own langugage if their from abroad (use google translate) and pop it under the door. Honey gets your further than vinegar. Enter the property, and be prepared to be attacked if the person there doesn't know you. If police are called, you'll probably get charged, so be careful.

Th0mas Shelby

Some of this "advice" is off the wall...prepare to be attacked and arrested/charged! Cripes!

OP, I think you have a good idea about what to do, you seem level headed enough to deal with this situation.. Best of luck!

tipping

Lots of things going on here.

Firstly I won't be entering the property regardless unless invited in. I've no entitlement to do that and there is no need.By heading up I might get a better idea of what's going on and talk to the neighbours whose numbers I don't have. Just an information gathering exercise to allow me to determine next steps. There will be no prospect of anything inappropriate happening, its not my style and I will be going with the reasonable person approach.

If I knock on the door and someone else is there I'll talk to them. If I determine that the old tenant has moved out and someone new has moved in, this isn't OK and I'll start the process to terminate tenancy etc. All above board. When I mentioned calling the guards I meant I'll drop into the local station or phone them for a chat with them. It probably won't do any harm (or any good maybe)

If the someone is housesitting then I'll ask then to get in touch with the tenant and get him to make contact with me asap. I'll explain that the rent arrears and having other people living in the house is not OK.

Hopefully it will all get sorted out without any drama but I'm keen to get the notice served asap and also figure out if something odd is going on in general.

Best case is tenant gets in touch, pays the rent, is apologetic and we carry on as we were.

April 73

People don't usually become complete messers all of a sudden after several years of being good tenants. There must be something behind this. Tying to find out what's going on in person is a good idea, as is acting reasonably in the first instance.
If you determine that it is messing & that you're looking at problem tenants now, then move swiftly to protect yourself.
Dont go to Def Con 5, nuclear button pressing before you have to.
There's always lots of advice on here that advocate the extreme option first, when sometimes a discussion between tenant (or in this case whoever is in the property - perhaps it is a family member?) & landlord is the first logical step.
You might still end up serving notice etc etc but best to go with your approach first.

tipping

Just a quick update without too many details.
All sorted out anyway. Tenant got in touch over the weekend and paid in the overdue rent. Had various issues going on that took priority understandably for them. The notice of arrears etc seemed to ensure that rent-paying became a priority again. Still not completely happy with the situation as regards other people being in the house and a chat needs to be had at some point in the near future. Thanks to all for all the advice.

foggy_lad

tipping wrote: »

Just a quick update without too many details.
All sorted out anyway. Tenant got in touch over the weekend and paid in the overdue rent. Had various issues going on that took priority understandably for them. The notice of arrears etc seemed to ensure that rent-paying became a priority again. Still not completely happy with the situation as regards other people being in the house and a chat needs to be had at some point in the near future. Thanks to all for all the advice.

Is the tenant living in the house still or have they maybe rented/sublet it to new tenants for higher rent than they are paying you? Did you meet them in the house?

Mrs OBumble

tipping wrote: »

Still not completely happy with the situation as regards other people being in the house

Tenants are allowed visitors, including recurring ones.

And when a tenant is away, it is often better for you if they organise a house-sitter: if the house is empty for more than 30 days, you may have to tell your insurance company, and they may want the water and heating systems drained.

tipping

foggy_lad wrote: »

Is the tenant living in the house still or have they maybe rented/sublet it to new tenants for higher rent than they are paying you? Did you meet them in the house?

I believe that they are still living there and don't have it sublet but I will confirm when I get a chance. A quick chat with the neighbours when I visit should sort all that out.

Mrs OBumble wrote: »

Tenants are allowed visitors, including recurring ones.

And when a tenant is away, it is often better for you if they organise a house-sitter: if the house is empty for more than 30 days, you may have to tell your insurance company, and they may want the water and heating systems drained.

Fair enough and I would have no problem with the arrangement if informed of this. Phone calls from neighbours saying there are other people living in the house for the last few weeks and me being unable to say who or why they are there isn't ok. I lived beside these people for years and got on well with them and want them to be happy and feel safe in their own homes. Anyway as I said a general chat needs to be had in order to give me a warm and fuzzy feeling about the tenancy again. I'll feel better once I know that there is nothing untoward or unusual going on.

The Masculinist

In fairness you sound like a very reasonable LL and handled this situation very well.