PTRB - tenant not paying - need evict

harry999

Hi

My tenant is not paying rent.

I gave 14 day notice & 28 day notice - now case filed with PTRB.

I heard PTRB as quicker now in dealing with cases, how long do you think it will take ? I will prob have to go to court after PTRB as tenants say they will not move without a court order. I'm paying mortgage on this, not sure if I can afford it if longer than 6 months. Will I get this rent back ? They are on rent allowance.

Thanks very much for any replies.

athtrasna

justathought do not post on this thread again

Mod

draiochtanois

This post has been deleted.

handlemaster

harry999 wrote: »

Hi

My tenant is not paying rent.

I gave 14 day notice & 28 day notice - now case filed with PTRB.

I heard PTRB as quicker now in dealing with cases, how long do you think it will take ? I will prob have to go to court after PTRB as tenants say they will not move without a court order. I'm paying mortgage on this, not sure if I can afford it if longer than 6 months. Will I get this rent back ? They are on rent allowance.

Thanks very much for any replies.

you should speak to welfare if they are not paying you direct. You might be able to get that at least

Cuddlesworth

handlemaster wrote: »

you should speak to welfare if they are not paying you direct. You might be able to get that at least

Won't talk to the landlord. Its not their problem.

Op, make sure you are doing everything to a tee. Wrong 14 days or 28 days, your back to the start. After prtb judgment, you can pay to have your court case heard quicker according to people on this forum. Depending on your rent payments, it might make more sense to do this.

You won't get any money back. If you can't afford a large financial hit, don't be a landlord. Too muxh risk. Especially if you rent to RA tenants.

4ensic15

Cuddlesworth wrote: »

Won't talk to the landlord. Its not their problem.

Op, make sure you are doing everything to a tee. Wrong 14 days or 28 days, your back to the start. After prtb judgment, you can pay to have your court case heard quicker according to people on this forum. Depending on your rent payments, it might make more sense to do this.

You won't get any money back. If you can't afford a large financial hit, don't be a landlord. Too muxh risk. Especially if you rent to RA tenants.

Once you get a Determination Order you can bring a criminal prosecution. That is the quickest way of getting the tenants out. If the tenants want to avoid a conviction, it will be very effective.

newacc2015

http://www.irishlandlord.com/forum/showthread.php?t=923

I say keep hounding the PRTB for an earlier date.

Mrs OBumble

Many professional landlords end up paying the tenant to leave in these circumstances: it sounds horrible that you end up rewarding them for such behaviour, but they find it is the only way to come to a mutually acceptable conclusion.

Otherwise you can be waiting months, at best, to get them out and to get income coming in again for the property.

njs030

Cuddlesworth wrote: »

Won't talk to the landlord. Its not their problem.

Yes they will, rent allowance is for rent payments only. If the Op tells them rent isn't being paid they will stop that payment- Op might not be getting it but neither are the tenants.

To get it paid directly to the landlord ops tenants will have to sign it over which seems unlikely!

pc7

Awful position to be in, would you talk to your mortgage provider and try get a freeze on mortgage for a few months so you don't clear out your savings. As if and when they leave you may need to do repairs to be able to rent again. Best of luck really hope you get seen soon by prtb

harry999

Thanks for replies - Once I get a Determination Order(how many weeks to get this order on average? ) & I bring to criminal prosecution (how many weeks to get this order on average? )in Cork criminal court.

Just trying to get a idea of how long this take and if I can afford it.

Cuddlesworth

Best person to answer that is a Cork Solicitor.

harry999

So would you advise I stay away from PTRB altogether and go the solicitor route - would this be much more expensive ?

Michael D Not Higgins

harry999 wrote: »

So would you advise I stay away from PTRB altogether and go the solicitor route - would this be much more expensive ?

You must exhaust the PRTB process before you go to court. This is the reason the PRTB exists, to keep most of these issues out of court in the first place. The problem is that in instances like yours, you already know you're going to end up in court as the tenants have told you as much.

Next time, if possible, rent out rooms rather than the complete house.

And people wonder why landlords avoid RA tenants....

njs030

[Deleted User] wrote: »

Next time, if possible, rent out rooms rather than the complete house.

And people wonder why landlords avoid RA tenants....

How is this anything to do with rent allowance it's a form of discrimination to say that- not so long ago it was "and people wonder why landlords avoid black/Irish/Muslim tenants". Blaming someone's non payment on the fact they are on rent allowance is a huge generalisation similar to all landlords are loaded.

They didn't pay because they are selfish prats, at least with ra the landlord can get the payment stopped so the tenants don't have it either. You couldn't do that with someone's wages!!

newacc2015

notjustsweet wrote: »

How is this anything to do with rent allowance it's a form of discrimination to say that- not so long ago it was "and people wonder why landlords avoid black/Irish/Muslim tenants". Blaming someone's non payment on the fact they are on rent allowance is a huge generalisation similar to all landlords are loaded.

They didn't pay because they are selfish prats, at least with ra the landlord can get the payment stopped so the tenants don't have it either. You couldn't do that with someone's wages!!

People are generally rational. When you are renting an investment which can be worth several hundred thousand (even millions) to a tenant. You want to make sure you minimise your risk. RA tenants happen to cause a disproportionate amount of trouble for Landlords. My parents have never had a tenant default on their rent except for a RA tenant, who happened to be addicted to hash. My father often used to have to go in with Gardai to collect the rent, as he was often violent.

Im not saying all RA tenants are trouble. But they create a disproportionate amount of it compared to professionals. A bank would expect a premium for lending to a creditor who had a high chance of default. Instead when a landlord rents to a RA tenant, it is often below market rate and the risk of them damaging the property/not paying rent is far higher.

What difference does stopping a RA tenant rent allowance make compared to a professional? Professional rarely default on their rent like RA tenants. They want to make sure they have good references to rent in the future and have a proven track record for getting a mortgage.

If the Government wants landlord to take on RA tenants. Dont "strengthen " discrimination laws. Make it possible to evict non-paying RA tenants quicker and have the payments made different to the landlord. I think some LLs might choose RA tenants over professionals, if the risk of non-paying tenants was elimated.

njs030

Many different types of people have no option but to claim rent allowance, its paid to carers and disabled people as well as jobseekers. To say all those people can be tarred by the same brush because a few don't pay rent is very unfair.
My own parents have 9+ rented houses, every type of person has lived in them over the years and no group are worse than the others. There's good and bad in every sector.

I have a child with serious chronic illness .I have no option but to claim rent allowance, I've lived in my rented house for over 5 years and treat it very well yet I'm lumped in with prats like the ops tenants! People should be treated as individuals and the attitude to ra is discriminatory and shouldn't be allowed on boards.

notjustsweet

notjustsweet wrote: »

the attitude to ra is discriminatory and shouldn't be allowed on boards.

In fairness, the problem is not ra in itself. The problem is the dysfunctional irish legal system that would allow this tenant, who is basically thumbing his nose at everybody, to stay in the house for a year or more, without paying any rent. The landlord will be without his rent for that period, might be pushed into financial difficulties himself, and will likely have considerable expense in restoring the house to a lettable standard after the tenant leaves.
Given that this scenario is by no means unusual and the consequences can be financially crippling, a landlord must factor it into his 'risk assessment' in deciding how to rent out his property.
It might be politically correct to pretend that these fact don't exist, but its not reality.

njs030

[Deleted User] wrote: »

In fairness, the problem is not ra in itself. The problem is the dysfunctional irish legal system that would allow this tenant, who is basically thumbing his nose at everybody, to stay in the house for a year or more, without paying any rent. The landlord will be without his rent for that period, might be pushed into financial difficulties himself, and will likely have considerable expense in restoring the house to a lettable standard after the tenant leaves.
Given that this scenario is by no means unusual and the consequences can be financially crippling, a landlord must factor it into his 'risk assessment' in deciding how to rent out his property.
It might be politically correct to pretend that these fact don't exist, but its not reality.

Yes I agree with you on some of those points. If I was a landlord I would expect the rent allowance to be paid directly to me from day one- any rent allowance tenants with even one missed payment should have their rent top up deducted from their welfare payment at source and paid to the landlord.

The law needs be adjusted to be fairer to landlords which might be the only solution to the Ra discrimination.

harry999

Hi Anybody take an eviction case to PTRB recently and how long did this process take ? Thanks

athtrasna

Mod note

Again I'm asking posters to stay on topic, enough with the side discussions thanks.

Elemonator

This is what I'm on about. Tenants get all the protection, landlords get none.

pc7

OP have you had any luck in timelines with PRTB would be interesting to have a timeline for something like this (alternatively hope your situation has improved and is sorted out).

harry999

Hi No nothing - a few people have told me it took them 2 years to get the tenant out... I heard that the PTRB are now faster - but have never heard it taking less than 2 years - so I think you can take it to be 2 years. And during this time you will get no rent.

4ensic15

harry999 wrote: »

Hi No nothing - a few people have told me it took them 2 years to get the tenant out... I heard that the PTRB are now faster - but have never heard it taking less than 2 years - so I think you can take it to be 2 years. And during this time you will get no rent.

What about this method? Have you heard of anyone doing this?

http://www.boards.ie/vbulletin/showthread.php?t=2057570384

Gatling

4ensic15 wrote: »

What about this method? Have you heard of anyone doing this?

http://www.boards.ie/vbulletin/showthread.php?t=2057570384

Still need to see the ptrb process through first

4ensic15

Gatling wrote: »

Still need to see the ptrb process through first

What of it?

housetypeb

4ensic15 wrote: »

What of it?

You know why.
The PRTB is slow,meanwhile the tenant is living rent free while the owner of the house is suffering loss of income for anything from three months up to two years, and the odds are that he won't see any arrears paid by the tenant at the end of it.
There should be an quicker way to evict non paying tenants, the system is broken.
Imho, non paying tenants should be out within 3 months max from date of first missed payment,landlords are not charities or providers of free housing.

4ensic15

housetypeb wrote: »

You know why.
The PRTB is slow,meanwhile the tenant is living rent free while the owner of the house is suffering loss of income for anything from three months up to two years, and the odds are that he won't see any arrears paid by the tenant at the end of it.
There should be an quicker way to evict non paying tenants, the system is broken.
Imho, non paying tenants should be out within 3 months max from date of first missed payment,landlords are not charities or providers of free housing.

It does not take two years to get an adjudication. I have had them in five weeks. Even with an appeal the is a new procedure to force the tenant to pay.
Anyway the question I asked is do you know anyone who has availed of the method described in that blog?

tigersauce

It will be 2 years in June since I started proceedings against non paying tenants, I got my court eviction in November, and notice for them to pay back 12000 in arrears, guess what they are still there not paying rent, while I work 2 jobs to pay my mortgage, believe you me I was an accidental landlord.

They will be evicted I hope soon,but the prtb and the courts are very slow, I waiting on the sheriff now to do his job. and there is no doubt I will never see the arrears, I believe from neighbours my house is also wrecked.