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PTRB - tenant not paying - need evict

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    #32
    darlett
    Registered Users Posts: 2,312 ✭✭✭darlett


    tigersauce wrote: »
    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.

    Hello Long time reader, first time poster! ;)

    As a landlord (that should probably get inverted commas but Ill hold 'em back) myself, I'm shocked to learn about this 2 year cycle to get someone living for free in your house out. There's that archaic image in the minds of much of the public of some ye olde English landlord evicting penniless Irish peasants out of their cottages during the famine and there seems in general to be zero sympathy for ordinary Irish landlords today in most situations.

    For me the reality is I purchased my keenly priced 5 figure property before my work situation changed (er ended) and I had to leave the country for employment. I was lucky enough to rent it out to so far (and touch wood) reliable tenants, and whilst I'm back now for last few months working and living with mammy and daddy. If my tenants stop paying their rent I really couldn't pay my mortgage. If it went on for 2 years? Really.

    And yet still people will go off on one about landlords as if they're all on the pig's back.


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    #33
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Sweeping generalisations and landlord V tenant posts are not welcome on this forum. Thanks


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    #34
    April 73
    Registered Users Posts: 846 ✭✭✭April 73


    tigersauce wrote: »
    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.

    That is absolutely horrific tigersauce. I hope it ends very soon for you.

    Why has it been so slow since the court order?

    Have you thought about going to your local TDs and telling them the story - not because they can help in the immediate situation - but until the people in the government understand the lack of timely & effective legislation to remove non-paying tenants, nothing will change.

    Your situation is shocking.


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    #35
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    tigersauce wrote: »
    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.

    Have you bought a criminal prosecution?


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    #36
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    Jesus Tigersauce sorry to read that, what a clusterfook. Nightmare scenario.


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    #37
    tigersauce
    Registered Users Posts: 5 ✭tigersauce


    April 73 wrote: »
    That is absolutely horrific tigersauce. I hope it ends very soon for you.

    Why has it been so slow since the court order?

    Have you thought about going to your local TDs and telling them the story - not because they can help in the immediate situation - but until the people in the government understand the lack of timely & effective legislation to remove non-paying tenants, nothing will change.

    Your situation is shocking.

    Yes my TD knows about it, has been very helpful, there is not much he can do to speed anything up but has been helpful, the court order was in November, nothing was done cause of Christmas, the order then was mislaid in the court office.I am using the prtb solicitor.
    The prtb process is extremely slow to get an eviction and frankly needs to be sorted.

    if you go with your own solicitor it can cost upto 3,000.


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    #38
    endacl
    Registered Users Posts: 22,307 ✭✭✭✭endacl


    Why is there not a list, a la Stubbs Gazette, listing tenants who have acted in the worst manner, as those described here have? Nothing defamatory. Simply verifiable facts, such as non-engagement with the process, amount of arrears unpaid, period of non payment, cost of restitution of property, etc. There'd be no need for 'RA not accepted' then. Just the knowledge that if you end up on the naughty list you'll never be rented to again.


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    #39
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    tigersauce wrote: »
    Yes my TD knows about it, has been very helpful, there is not much he can do

    Your case, horrible as it is, is by no means unusual. Your TD, in fact could have helped with these situations in general. The Troika identified reform of our dysfunctional legal system as something that needed doing, yet it is the only element of the Troika shopping list that wasn't complied with by the politicians.
    There is absolutely no reason why the system should have to take two years to process things like this.


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    #40
    draiochtanois
    Registered Users Posts: 2,655 ✭✭✭draiochtanois


    This post has been deleted.


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    #41
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    draiochtanois wrote: »
    This post has been deleted.

    A landlord would have no remit to contact a tenant's employer. That could be construed as harassment.


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    #42
    draiochtanois
    Registered Users Posts: 2,655 ✭✭✭draiochtanois


    This post has been deleted.


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    #43
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Michael D Not Higgins wrote: »
    A landlord would have no remit to contact a tenant's employer. That could be construed as harassment.

    Geez.. Everybody is afraid to do anything because somebody might be offended.
    As a choice between two years of hell and getting things sorted out quickly, its a no-brainer.
    Employers may or may not be helpful but a polite enquiry if things were allright could produce results. An employee not paying his rent for no good reason could be somebody with serious addiction or gambling problems, for example, whch would also make him a risk to the employer. There is also the possibly of reputational damage for the employer of it becomes known that they employ the kind of person who thinks its ok not to pay their debts.


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    #44
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    draiochtanois wrote: »
    This post has been deleted.
    Deleted User wrote: »
    Geez.. Everybody is afraid to do anything because somebody might be offended.
    As a choice between two years of hell and getting things sorted out quickly, its a no-brainer.
    Employers may or may not be helpful but a polite enquiry if things were allright could produce results. An employee not paying his rent for no good reason could be somebody with serious addiction or gambling problems, for example, whch would also make him a risk to the employer. There is also the possibly of reputational damage for the employer of it becomes known that they employ the kind of person who thinks its ok not to pay their debts.

    Don't pretend that contacting an employer is out of some altruistic worry about the tenant. Sure, you can do it in a way that doesn't antagonise and get away without a charge of harassment but it's a tactic to turn the screws, nothing more.


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    #45
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    If the employer gave a reference when they moved in could you then freely contact them?


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    #46
    draiochtanois
    Registered Users Posts: 2,655 ✭✭✭draiochtanois


    This post has been deleted.


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    #47
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    draiochtanois wrote: »
    This post has been deleted.

    I am asking for a civil process within the bounds of the law. Issue notice of rent arrears and notice of termination if they're not paying. Don't take the enforcement into your own hands by strong-arming them.


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    #48
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    tigersauce wrote: »
    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.

    There was a very interesting piece here recently, credit to the OP of that post, about the common informer system and bringing criminal proceedings. It might be worth running that by your solicitor.
    Michael D Not Higgins wrote: »
    I am asking for a civil process within the bounds of the law. Issue notice of rent arrears and notice of termination if they're not paying. Don't take the enforcement into your own hands by strong-arming them.

    I could not agree more. What is phoning the employer going to do?

    I do not countenance or suggest you do it but if you're going to start this sort of thing you might as well just illegally evict and take the potential fallout from there.


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    #49
    Mrs OBumble
    Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    endacl wrote: »
    Why is there not a list, a la Stubbs Gazette, listing tenants who have acted in the worst manner, as those described here have? Nothing defamatory. Simply verifiable facts, such as non-engagement with the process, amount of arrears unpaid, period of non payment, cost of restitution of property, etc. There'd be no need for 'RA not accepted' then. Just the knowledge that if you end up on the naughty list you'll never be rented to again.

    Because it would simply encourage people to adopt false identities.


    draiochtanois wrote: »
    This post has been deleted.

    How would you know who their employer is? You may know at move in date, but you don't know if they've changed jobs since. (Unless there's a company car parked outside.)


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    #50
    draiochtanois
    Registered Users Posts: 2,655 ✭✭✭draiochtanois


    This post has been deleted.


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    #51
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Can we get back on topic please? Thanks


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    #52
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    Harry have you heard anything from PRTB regarding this yet? Very interested to see if things have improved.


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    #53
    harry999
    Registered Users Posts: 614 ✭✭✭harry999


    Hi From previous posts the time period seems to be on average 24 months - this is up to 20k in lost rent - I cannot afford this, so will try to keep going as is, even if tenants own a nbr of weeks rent... I have no choice...


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    #54
    pc7
    Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 14,121 Mod ✭✭✭✭pc7


    harry999 wrote: »
    Hi From previous posts the time period seems to be on average 24 months - this is up to 20k in lost rent - I cannot afford this, so will try to keep going as is, even if tenants own a nbr of weeks rent... I have no choice...

    Feck I thought from other posts PRTB were responding much quicker to issues.


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    #55
    Gaz
    Registered Users Posts: 1,586 ✭✭✭Gaz


    Out of curiosity what are the consequences of an illegal eviction ?

    I mean, if the tenant has a judgement against them of 12k that they wont pay, whats to stop the landlord not paying any penalties he/she receives ?


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    #56
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Gaz wrote: »
    Out of curiosity what are the consequences of an illegal eviction ?

    I mean, if the tenant has a judgement against them of 12k that they wont pay, whats to stop the landlord not paying any penalties he/she receives ?

    The LL will have assets generally. A Judgement mortgage could be obtained. Now that said accident landlords in negative equity - perhaps might be tempted to resort to self-help.

    The problem is you'd likely face criminal charges especially if the situation was to escalate.

    While losing the rent and having huge expenses is far from ideal, LL's can carry that loss over to see some of it back in tax.


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    #57
    Trending
    Closed Accounts Posts: 29 ✭Trending


    Harry that's just desperate. I know exactly how it takes its toll because this also happened to us. PRTB were /are worse than useless. We lost so much in rent and tried to approach the situation by doing all the right things legally. It got us no where. PRTB dragged it all out. We are sorry now that we didn't just evict them ourselves. We would've been better off. I struggled with serious stress and became ill. We fell into serious mortgage arrears and just today our property is gone up for sale. We are devastated. The tenants were social welfare recipients so we're on RA. SW were not interested in discussions with us. The property is very close to our home so we regularly see the tenants - they drive a Honda jeep (141 model) I had to sell my car because we couldn't afford it. I'm angry and upset. Sorry we ever became 'rich landlords'. Our situation went on for 2 years - we started to really struggle after 5/6 months.

    I sincerely wish for you to get some better result than us...and soon.


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    #58
    Harpie
    Closed Accounts Posts: 277 ✭✭Harpie


    Could the property owner cut off electricity and water to the property?


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    #59
    FA Hayek
    Banned (with Prison Access) Posts: 1,084 ✭✭✭FA Hayek


    Can one just go in and change the locks? I know, not legal but in desperate cases I can see why. The LL will weigh up lost rent of up to two years versus a fine.


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    #60
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    FA Hayek wrote: »
    Can one just go in and change the locks? I know, not legal but in desperate cases I can see why. The LL will weigh up lost rent of up to two years versus a fine.

    No but let's say you do... the tenant can break down the door and then asjk you to fix it.


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    #61
    JimmyMW
    Registered Users Posts: 695 ✭✭✭JimmyMW


    MarkAnthony wrote: »
    No but let's say you do... the tenant can break down the door and then asjk you to fix it.

    Don't fix it, correct me if I am wrong but its not illegal to be a bad landlord is it?


This discussion has been closed.
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