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Tenant served 28 day notice but belongings still inside!

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  • 23-03-2016 4:40pm
    #1
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭


    My tenant didn't pay his rent and was given the 14 day warning and then the 28 day notice to vacate the property. I rented the property to a family a number of years ago and the neighbours have told me that the family moved out long ago and now random men come and go from the property. To be completely honest, the neighbours were very fearful of what was going on in there..there was even an occasion when the possibility of calling the police due to suspicious activity was on the cards. The tenant doesn't appear to live there anymore...his phone always rings a foreign ringtone. I think he is in the Middle East and his English is not good so it's very hard to communicate. The 28 days are now up and there's a few clothes there, toys from when the family lived there and some other things...things that could be boxed up easily. I think he might be gone but can't be sure. He's not engaging at all. I need the apartment back to rent it again. I'm already nearly 8 weeks without rent and gone into mortgage arrears as a result.
    Given it appears he is not coming back, to the best of my knowledge, can I box his stuff, tell him where to collect it if indeed he ever does and can I now change the locks? Thanks


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    #2
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    Lorelei Nice Birch wrote: »
    My tenant didn't pay his rent and was given the 14 day warning and then the 28 day notice to vacate the property. I rented the property to a family a number of years ago and the neighbours have told me that the family moved out long ago and now random men come and go from the property. To be completely honest, the neighbours were very fearful of what was going on in there..there was even an occasion when the possibility of calling the police due to suspicious activity was on the cards. The tenant doesn't appear to live there anymore...his phone always rings a foreign ringtone. I think he is in the Middle East and his English is not good so it's very hard to communicate. The 28 days are now up and there's a few clothes there, toys from when the family lived there and some other things...things that could be boxed up easily. I think he might be gone but can't be sure. He's not engaging at all. I need the apartment back to rent it again. I'm already nearly 8 weeks without rent and gone into mortgage arrears as a result.
    Given it appears he is not coming back, to the best of my knowledge, can I box his stuff, tell him where to collect it if indeed he ever does and can I now change the locks? Thanks

    No, you can't. If the tenant comes back it would be a illegal eviction. You would need to register a case with the PRTB.


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    #3
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Cuddlesworth wrote: »
    No, you can't. If the tenant comes back it would be a illegal eviction. You would need to register a case with the PRTB.

    Huh? If the tenant has vacated the OP is free to rent out eh property - no need to speak to the ptrb at all. The items left behind can be boxed up and the old tenant can be given 3 months to collect.


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    #4
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Cuddlesworth wrote: »
    No, you can't. If the tenant comes back it would be a illegal eviction. You would need to register a case with the PRTB.

    The person is gone, do you expect the op to wait another few months without rent while waiting for the PRTB it would be madness. Who is going to pay the mortgage in the mean time?

    Box the stuff and re rent the place. Honestly it's no wonder LL are leaving the business when you read stuff like this.


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    #5
    Butters1979
    Registered Users Posts: 1,164 ✭✭✭Butters1979


    Cuddlesworth wrote: »
    No, you can't. If the tenant comes back it would be a illegal eviction. You would need to register a case with the PRTB.

    What part of this exactly would be an illegal eviction? Rent was not being paid and notice was served. Can you explain your reasoning instead of just posting statements like that.


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    #6
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    Well it appears that he is gone. Certainly there's no family here and I rented to a family! There's a few things in a corner of one room (an old bouncer covered in dust and a couple of baby toys). Other than that, there's about 5 shirts/tshirts in one wardrobe. Some gone-off food in the presses (very little) and absolutely nothing else in the entire property. I think it's reasonable to say nobody's living here?


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    #7
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Yes, but change the locks.

    If neighbours say that "other" people have been coming and going, then you have no idea how many copies of the keys are floating around in public.

    If the 28 days are only up today, then I would be inclined to change the locks today and then hang on five days. If you don't hear from him, you can assume that he's gone. If he does ring wondering what's happening, then tell him you will meet him (and only him or his wife, not "a friend") at the apartment.

    He won't though.

    Let this be a lesson to check in on your tenants regularly, every couple of months or so, if only just to say hi :)


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    #8
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    seamus wrote: »
    Yes, but change the locks.

    If neighbours say that "other" people have been coming and going, then you have no idea how many copies of the keys are floating around in public.

    If the 28 days are only up today, then I would be inclined to change the locks today and then hang on five days. If you don't hear from him, you can assume that he's gone. If he does ring wondering what's happening, then tell him you will meet him (and only him or his wife, not "a friend") at the apartment.

    He won't though.

    Let this be a lesson to check in on your tenants regularly, every couple of months or so, if only just to say hi :)


    Good idea. Many thanks for that advice. That's good advice re: saying I'll only meet him and his wife. Thanks again


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    #9
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    I would get the neighbours to email you a statement saying that the tenant has been seen since x date. So if you end up with a dispute with the PRTB. You have proof you thought he was gone. I would email or text him too asking if he has moved out, so you have another paper trail


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    #10
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    newacc2015 wrote: »
    I would get the neighbours to email you a statement saying that the tenant has been seen since x date. So if you end up with a dispute with the PRTB. You have proof you thought he was gone. I would email or text him too asking if he has moved out, so you have another paper trail

    Thanks. Good idea. I have an email from the neighbours saying that at Christmas already...but then rent came in January. Weird. Also have a record of a text from me asking him if he has moved out in February. He didn't answer the question but just said he had a 'problem' and will pay the rent another time...but then no rent ever came...so weird.


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    #11
    SB_Part2
    Closed Accounts Posts: 1,951 ✭✭✭SB_Part2


    How do you know whats inside the house?


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    #12
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    SB_Part2 wrote: »
    How do you know whats inside the house?

    Inspection done. Adequate notice given to tenant. No reply from tenant.


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    #13
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Lorelei Nice Birch wrote: »
    I rented the property to a family a number of years ago and the neighbours have told me that the family moved out long ago and now random men come and go from the property.
    Check if your house is on AirBnB.


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    #14
    Boater123
    Closed Accounts Posts: 312 ✭✭Boater123


    I wouldn't know what to do in these circumstances and I touch wood that I have never been in such a situation.

    I would like to think that if a correctly served and worded 28 day notice of termination due to non payment was issued, then the landlord would be covered by the term (or something similar) of:

    " Any issue as to the validity of this notice or the right of the Landlord to serve it, must be referred to the Private Residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 within 28 days from the receipt of it."

    Surely if the LL has done all that they should and the tenant didn't take it up with the PRTB within 28 days after being served, then the LL should be able to take back possession without recourse.

    But as I said earlier, I don't know for certain what the correct protocol here is, and stand to be corrected (and look forward to it if it means getting a definitive answer in case I ever have to deal with such an issue).


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    #15
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    the_syco wrote: »
    Check if your house is on AirBnB.

    Just checked. Not there.


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    #16
    janedoe007
    Registered Users Posts: 50 ✭✭janedoe007


    Take a few photos of their items as they are in the house before you box them up.


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    #17
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Lorelei Nice Birch wrote: »
    Inspection done. Adequate notice given to tenant. No reply from tenant.

    illegal entry ?


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    #18
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    Tigger wrote: »
    illegal entry ?

    No it's in his lease that inspections can be done with at least 24 hours notice. Tried to contact him by phone (no answer) and texted and he never replied ever. So entered to check property (on foot of complaints from neighbours of people coming and going at all hours of the night). Not illegal at all. Almost called Gardaí in fact but stopped short of it. Plus all windows were left open in property for weeks on end without anyone 'living' there (according to neighbours) which was a risk to property from bad weather and burglars! So property had to be checked out especially when he ignored my attempts at contacting him!


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    #19
    Kristopherus
    Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    Tigger wrote: »
    illegal entry ?

    Whats your agenda??????

    The OP has done everything by the book. What is she supposed to do with a tenant that may be abroad, and will not communicate? That tenant could be a drug dealer and have fled. Could even be a recruiter for ISIS and f***ed off back to Syria:rolleyes:.


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    #20
    2rkehij30qtza5
    Closed Accounts Posts: 1,476 ✭✭✭2rkehij30qtza5


    Kristopherus wrote: »
    Whats your agenda??????

    The OP has done everything by the book. What is she supposed to do with a tenant that may be abroad, and will not communicate? That tenant could be a drug dealer and have fled. Could even be a recruiter for ISIS and f***ed off back to Syria:rolleyes:.


    Yep. I am honestly afraid he may be caught up with Isis or some other dodgy dealings. It's just as well that all of this has happened as I cannot have all this suspicious activity happening in a property I own. It's also unfair on the neighbours. So maybe this nightmare has been a blessing in disguise.


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