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Tenants rent allowance suspended

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    #92
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    LexieOnRale wrote: »
    The tenants financial situation is nothing to do with the landlord. The tenant shouldn't keep expecting a complete stranger to cover their rent to keep a roof over her child's head.

    This. Its a business. Should have a contingency fund. So should the tenant. Both however might find this difficult to achieve.

    You could argue some tenants will find this harder than others. Perhaps students for example.


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    #93
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    fowlersleftpeg wrote: »
    Have sat down with the tenant and also asked her to arrange the RAS payment directly to my account. Also issued a formal notification of arrears

    RAS is different to Rent supplement/allowance.

    You can switch to a RAS payment where the council lease your property long term and rent it to your tenant and you get paid monthly by the council and the tenant sets up a household payment in the post office that gets taken from her welfare payment every week to cover her portion of the rent.

    You can find out more from the housing office of your local authority or community welfare office. Your tenant should be eligible if she is on rent allowance and welfare payments longer than 15 months.


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    #94
    January
    Closed Accounts Posts: 23,862 ✭✭✭✭January


    You can still get Rent Supplement/allowance paid into your bank account though if RAS doesn't appeal to you.


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    #95
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    fowlersleftpeg wrote: »
    Also issued a formal notification of arrears
    Did you hand it to her, or by post? If the former, I hope you had an independent witness. Otherwise they could claim you never gave it to them.


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    #96
    April 73
    Registered Users Posts: 846 ✭✭✭April 73


    fowlersleftpeg wrote: »
    Have sat down with the tenant and also asked her to arrange the RAS payment directly to my account. Also issued a formal notification of arrears

    Well done. I think you played it reasonably & it's exactly what I would have done.
    I hope she takes note of the seriousness of not providing documents when she is asked to. It's very unfair that you are waiting on two months rent because she couldn't organise herself to get a copy of the lease submitted.
    I hope she manages to get the rent arrears sorted ASAP. At the moment both she & the state have passed the cost of housing her & the children onto you. That is not on.


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    #97
    handlemaster
    Registered Users Posts: 6,003 ✭✭✭handlemaster


    I see Labour want the government to be harder on landlords !! Talk about not having a clue . Exit door for alot of Landlords I think


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    #98
    fowlersleftpeg
    Registered Users Posts: 33 ✭fowlersleftpeg


    the_syco wrote: »
    Did you hand it to her, or by post? If the former, I hope you had an independent witness. Otherwise they could claim you never gave it to them.


    By hand, with an independent witness who signed and dated the letter


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    #99
    fowlersleftpeg
    Registered Users Posts: 33 ✭fowlersleftpeg


    April 73 wrote: »
    Well done. I think you played it reasonably & it's exactly what I would have done.
    I hope she takes note of the seriousness of not providing documents when she is asked to. It's very unfair that you are waiting on two months rent because she couldn't organise herself to get a copy of the lease submitted.
    I hope she manages to get the rent arrears sorted ASAP. At the moment both she & the state have passed the cost of housing her & the children onto you. That is not on.


    I think taking a step back and assessing both sides in issues like this instead of jumping in with both feet and flying off the handle is the best approach. No one wants to see a young family evicted and no landlord should be left with unpaid rents and having to suffer themselves as a result. Alas, we dont live in an ideal world or society so these things will go on happening
    She is very aware now of the impact this has on me and will have on her and her family if it happens again.
    She has also informed me that the 2 months arrears will be paid in full by Friday.


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    #100
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    There are plenty of decent reliable tenants around. Why put up with erratic unreliable ones? Landlords are not a charity.


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    #101
    Icepick
    Registered Users Posts: 2,456 ✭✭✭Icepick


    MadDog76 wrote: »
    I've had tenants myself who have fallen on hard times and, yes, I did help them out because it meant I didn't have to go through the eviction process which would have crippled me financially ........... an added bonus was it also meant I didn't have to put a young family on the street.

    There's a difference between a bad tenant and a tenant who is going through a bad patch ........... we don't know which kind of tenant this girl is as of yet.
    You didn't answer the question.
    Also you avoided eviction for financial reasons so can hardly preach to others about compassion.


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    #102
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Icepick wrote: »
    You didn't answer the question.
    Also you avoided eviction for financial reasons so can hardly preach to others about compassion.

    I've helped out plenty of good tenants of mine when I was a LL even when it wasn't the best decision, financially speaking ......... your question? :confused:


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    #103
    qo2cj1dsne8y4k
    Closed Accounts Posts: 23,646 ✭✭✭✭qo2cj1dsne8y4k


    My question is do you think landlords should help out people in their property at a financial loss to themselves?


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    #104
    Icepick
    Registered Users Posts: 2,456 ✭✭✭Icepick


    MadDog76 wrote: »
    ......... your question? :confused:
    easy to find
    Will you take them in or set up a DD to help with the rent?


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    #105
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    MadDog76 wrote: »
    I've helped out plenty of good tenants of mine when I was a LL even when it wasn't the best decision, financially speaking ......... your question? :confused:

    I'd call that very foolish and a poor way to run a business.

    Helping out tenants is not part of being a LL and I'd certainly not have time for tenants who are not paying the rent in full and on time every single month.

    Rent late once severe warning, rent late a second time then notice given and out as quickly as possible.


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    #106
    Caliden
    Registered Users Posts: 5,982 ✭✭✭Caliden


    Finley Bitter Nunnery wrote: »
    I'd call that very foolish and a poor way to run a business.

    Helping out tenants is not part of being a LL and I'd certainly not have time for tenants who are not paying the rent in full and on time every single month.

    Rent late once severe warning, rent late a second time then notice given and out as quickly as possible.

    And take your chances with finding a different tenant on RA?

    The OP has been renting to the same tenant for the past 5 years and apart from a few occasions of late rent this is the first hiccup.


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    #107
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Caliden wrote: »
    And take your chances with finding a different tenant on RA?

    The OP has been renting to the same tenant for the past 5 years and apart from a few occasions of late rent this is the first hiccup.

    Late rent is a hiccup, this isn't the first.


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    #108
    qo2cj1dsne8y4k
    Closed Accounts Posts: 23,646 ✭✭✭✭qo2cj1dsne8y4k


    It's not the first time the landlord had to dip into his own money to cover her before. I'm actually in the process of viewing houses, to purchase an investment, that I will be renting out hopefully and there is no way in hell I would take in a rent allowance tenant.
    Personally, of course.


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    #109
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Icepick wrote: »
    easy to find

    I've answered that question, my answer is easy to find ........


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    #110
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    LexieOnRale wrote: »
    My question is do you think landlords should help out people in their property at a financial loss to themselves?

    That's a personal decision that every LL needs to make for him/herself ........ sometimes helping out a tenant can be financially beneficial.


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    #111
    MadDog76
    Closed Accounts Posts: 5,162 ✭✭✭MadDog76


    Finley Bitter Nunnery wrote: »
    I'd call that very foolish and a poor way to run a business.

    Helping out tenants is not part of being a LL and I'd certainly not have time for tenants who are not paying the rent in full and on time every single month.

    Rent late once severe warning, rent late a second time then notice given and out as quickly as possible.

    Which could take over a year during which time the LL may receive zero rent ..........


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    #112
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Caliden wrote: »
    And take your chances with finding a different tenant on RA?

    The OP has been renting to the same tenant for the past 5 years and apart from a few occasions of late rent this is the first hiccup.

    They appear to have often been late with rent which is just totally unacceptable as far as I'm concerned and two months rent owed is not a hiccup it's a major major issue.

    Get in a private tenant instead not another RA.
    MadDog76 wrote: »
    Which could take over a year during which time the LL may receive zero rent ..........

    Let's just say that once the legal notice period is up they are out if it's me dealing with them.


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    #113
    phildin
    Registered Users Posts: 87 ✭✭phildin


    whippet wrote: »
    Unfortunately if you can't suck up the arrears you'll have to commence eviction proceedings ... but this will penalise you financially as you won't get paid during the notice period, or during the period where the tenant will probably be advised by the PRTB to overhold and then any pending legal fees to progress the eviction.

    Why would he not get paid during the notice period? Is there a social welfare policy on not paying in the event of a dispute? What happens when the PRTB have ruled on the issue, surely the tenant would be liable for the time they spent there rent free unless they considered that the tenant didn't have the use of the place during that period?


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    #114
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    phildin wrote: »
    Why would he not get paid during the notice period? Is there a social welfare policy on not paying in the event of a dispute?
    They're being evicted anyway, so why bother paying rent?
    phildin wrote: »
    What happens when the PRTB have ruled on the issue
    The landlord will need a sheriff to evict them, as the tenant can just ignore the PTRB.
    phildin wrote: »
    surely the tenant would be liable for the time they spent there rent free unless they considered that the tenant didn't have the use of the place during that period?
    The sort of tenant that doesn't pay whilst getting evicted will have no official money, so even if you spend your cash on getting a conviction, they "may not have means to repay" anything to you.


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    #115
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    the_syco wrote: »


    The landlord will need a sheriff to evict them, as the tenant can just ignore the PTRB.


    No need for a sherrif. The landlord can go to the District Court and prosecute an overholding tenant. Not complying with a Determination Order is a criminal offence.


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    #116
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    4ensic15 wrote: »
    The landlord can go to the District Court and prosecute an overholding tenant.
    But does it get them out of the house?


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    #117
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Finley Bitter Nunnery wrote: »
    It does if you change the locks and feck their stuff out on the side of the road.
    The illegal eviction gets them free rent (stay in your house until the court case), and you a fine.


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    #118
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Finley Bitter Nunnery wrote: »
    It does if you change the locks and feck their stuff out on the side of the road.
    But that would be illegal and you would be brought up before the PRTB and fined as well as being forced to reimburse accommodation costs of the tenants from the time you illegally evicted them.


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    #119
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Finley Bitter Nunnery wrote: »
    The PRTB are not gods, if the tenant is in the wrong I'd be perfectly willing to take them on especially if a court has ruled that the tenant is in the wrong already but a sherif hasn't been appointed yet.
    Finley Bitter Nunnery wrote: »
    Good look them getting into a house with changed locks.

    If they are in the wrong I could see a court siding with the LL. In any case I'd rather get in new tenants and have rent coming in and pay a fine than let scum stay in my house for free.

    You take all proceedings through the PRTB as they will not be dealt with by the courts until then. The courts only deal with the actual eviction order and that allows you to get the Sheriff involved.

    You must follow the procedures or you WILL be in the wrong regardless of how much is owed by tenants or what damage might have been done.


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    #120
    beauf
    Closed Accounts Posts: 22,649 ✭✭✭✭beauf


    The PRTB doesn't always favour the tenant. But it helps your case if you've followed the rules.


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    #121
    Mrs OBumble
    Registered Users Posts: 25,935 ✭✭✭✭Mrs OBumble


    4ensic15 wrote: »
    No need for a sherrif. The landlord can go to the District Court and prosecute an overholding tenant. Not complying with a Determination Order is a criminal offence.

    And what actually happens next in real life? Who enforces the District Court order?


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