Tenant Destroys House, Landlord Gets Punished by RTB- Help!

CJF1

Hi everyone, really hoping some of you might have some advice for me!
I bought a house in 2004 in Dublin, and had to leave the county in 2011 having been made redundant and ending my relationship. I went to stay with family in the States to look for work. At the time it was very difficult to find a professional tenant so I took a social welfare tenant with 2 kids (1 with special needs) and she lived in the house for 5 years. She was constantly late with rent and sent me into arrears with the bank so many times due to laziness with her social welfare forms, or one thing and another, including being in prison at one point.  I knew I had taken on a risky tenant but I had to have someone to pay the mortgage, and she was already in at that point. She paid less than 900e for 5 years and at 1 point I lowered the rent on her so the social wouldn't cut her off. 
I had a new property mgt company take over for me in 2014 and they sent someone to renew the lease and emailed me a detailed report of how badly damaged/dirty the house was. I was alarmed by this but was unable to do much about it from here and kind of buried my head in the sand for a while afraid of the consequences.
My brother was in need of a place to stay so I thought I might be able to give him my place and I could get the tenant out for once and for all. The company sent her the eviction letter and when she left, they went to assess the damage and sent me photographs of a disgusting mess. My carpets were missing, suede chairs destroyed, curtains missing, blinds broken, cabinets broken, oven destroyed, couches infested with fleas and mouse droppings, on and on. She did 10 thousand euro worth of damage. I kept her deposit when the property manager told me she f'd her out of it on the phone and said my house was a "kip" when she moved in. I was horrified after how kind and lenient I had been to her so I decided to keep her deposit to offset the damage. My house was spotless and everything was like new when she moved in.
She went to Focus Ireland and opened a dispute with the RTB. From here, I sent all the photographs of the damage, proof of her always being late with rent (she said in her dispute she always paid rent on time) and a detailed quote from the mgt company of cost of repairs and exactly what they found. My mam went to the hearing to represent me but they blindsided her with playing the victim on behalf of the tenant. They ruled against me saying I evicted her unfairly, that she went to the house and my brother wasn't there that it was a new renter, which wasn't true but RTB took it as conclusive even though it's from the mouth of a scammer, and that I wasn't entitled to keep the deposit because everything was "wear and tear". They also said I couldn't prove things weren't like that when she moved in. How is fleas and mouse droppings in a leather couch "wear and tear"?! And who would move into a place in that state?! The woman destroyed my home. They want me to pay her 3800 euro. So with all the damages and this, this woman is costing me the guts of 15k and all I did was give her a safe shelter and half price rent!
I am so upset and angry at the injustice of it all. The photographs I had made it look like she lived like an animal inside the house. 
I have to get a new tenant (professional!) in there soon to help me pay the mortgage and I simply don't have a penny to pay this woman "damages". I'm worried if I appeal they'll only rule to give her even more! It seems totally biased towards the tenant and not the property owner. 
Should I appeal? Should I get a solicitor? Is it better just to pay these people to get them out of your life?
Any help or advice or sympathy would be so, so appreciated!

dudara

Did you evict her correctly? Unfortunately, if you didn't follow the process, the cards are kind of stacked against you. But if you did, I be looking to appeal this decision

murphaph

If it was me I would at least exhaust the RTB's own appeals process if you believe your case has been handled improperly (sounds like it). I would question your decision not to represent yourself. You will not have endeared yourself to the initial tribunal by sending your mam. You need to appear in person if you are to appeal and you need to have everything documented with a timeline of events.

1moreyr

I would appeal. Presumably she was getting rent allowance and the house would have been inspected at some point therefor if it wasn't up to minimum standards at the start of the tenancy you would have been asked to fix things??? Can you remember if the property was inspected and if you have any documentation (you would have been notified). You could use this in court to show that the property was up to standard at the start of the tenancy. Going forward you should get some proper legal advice.

CJF1

CJF1 wrote: »

they ruled against me saying I evicted her unfairly, that she went to the house and my brother wasn't there that it was a new renter, which wasn't true but RTB took it as conclusive even though it's from the mouth of a scammer

I have to get a new tenant (professional!) in there soon to help me pay the mortgage

So did your brother move into the house or not?

As much of a wagon as your tenant sounds, pretending to have a family member move in in order to evict a sitting tenant is not uncommon and quite illegal which is probably why they ruled against you.

If you're going to appeal, you need be able to demonstrate that your brother is living there. Otherwise forget about it.

antoinolachtnai

I think you should get professional advice with a view to Appealing to the Tribunal.

It is a lot to expect of a relative to represent you at a hearing like this (as someone who has done that).

Graham

CJF1 wrote: »

Should I appeal?

Why wouldn't you?

Glenster

You need,

Evidence that your brother is living there.

Photos or, failing that, other strong evidence of the state of the house when you moved in.

Unfortunately all the tenancy boards are stacked in favour of the tenants and expect landlords to keep meticulous records, so unless you have evidence that you did everything right they will find against you.

Definitely appeal and for gods sake prepare very well and go to the hearing yourself sending someone else was not a good move and put you on the back foot straight away.

The RTB are a bit of a kangroo court though, totally biased in favour of tenants they need a serious shake up.

Mr. Incognito

Get a solicitor and appeal the determination

Atari Jaguar

1moreyr wrote: »

I would appeal. Presumably she was getting rent allowance and the house would have been inspected at some point therefor if it wasn't up to minimum standards at the start of the tenancy you would have been asked to fix things??? Can you remember if the property was inspected and if you have any documentation (you would have been notified). You could use this in court to show that the property was up to standard at the start of the tenancy. Going forward you should get some proper legal advice.

Yeah I wouldn't take their inspection with much salt. I had one of those supposed inspectors and all he did was come into the kitchen and I signed a form and he left.

Varik

Atari Jaguar wrote: »

Yeah I wouldn't take their inspection with much salt. I had one of those supposed inspectors and all he did was come into the kitchen and I signed a form and he left.

Would it matter if the inspector did their job properly or not, he'd have a official document.

realestatey

Some basic concepts about being a landlord were missed here. Losing €15K has not been enough to teach these lessons to the OP, so I am unlikely to get through. All the same, I am going to lay them out simply for anyone else interested.

Most of these items are listed on any website for beginner landlords including the RTB's 'Being a good landlord' guide.

Before renting a property, an inventory should be made. You walk around with your phone and take a photo of everything. You note any damage. You print out the photos and get the tenant to sign. You give the tenant a copy. OP failed to do this.

Wear and Tear is paid by the landlord - only breakage is paid by the tenant. The RTB recommends that wear and tear will be higher depending on the number of residents in the household - and higher still when young children are resident. Two children were resident in this case, including one with special needs.

Revenue states that furniture and carpets depreciate fully over 8 years at 12.5% per year. An 8 year old carpet has no residual value. OP says that property dates from 2004. Any furnishings from that date have fully depreciated.

One of the myriad expenses of renting a property is depreciation. Walls need repainting, curtains and carpets need replacing. Eventually everything wears out including kitchens and bathrooms. A corporate landlord will make provision for these costs each year in a sinking fund. An amateur will become angry and confused at the end of a multi-year tenancy that the property looks different from day of first let. That said, the property should be returned clean and the landlord is entitled to deduct cleaning and breakage fees from the deposit (so long as an inventory can prove breakage happened)

Landlords can only take action on foot of late rent where a reminder has been sent and the rent is still unpaid 14 days after the notice. 14 days is excellent payment terms in business and a landlord is in business - by definition.

Absentee landlords need local agents. The agent needs to inspect the property at least annually. The rent should be adjusted for the market every two years. This helps avoid sudden price leaps and badly damaged property. An agent is not cheap - one month's rent per year is typical.

Evicting a tenant is possible in line with the law. In the first six months you can evict without reason but after that you need valid grounds. In a case where a landlord lies about the reason for eviction, this is a serious offence. Putting children on the street because you've come to dislike their mother is pretty low.

When all the costs of renting out a property are calculated, the landlord is often left with just 50% of the gross rental income. In this case the OP landlord collected €54K over 5 years. €11k renovation costs after five years are not at all unexpected.

Atari Jaguar

Varik wrote: »

Would it matter if the inspector did their job properly or not, he'd have a official document.

No he wouldn't the tenant just signs a form to say he visited. That's all.

Eric Cartman

OP , I feel for you completely.

I really hope anyone on this forum who has ever badmouth'd a landlord for not accepting an RA tenant or looking for 'professionals only' sees this post. Sadly this is not an isolated story , the RTB is a complete sham and only there to protect these people and make out every landlord to be a tax evading landlord .

I say this as a tenant who rents.

Gael23

Appeal without question but first off you need to speak to a solicitor and if possible represent yourself at future hearings.

Onthefence

Op, I couldn't read this without saying that I feel for you. I've been on the receiving end of the RTB and it feels crap when they find against you when you reckon you're in the right. I wouldn't go up against them again in a hurry. Tenants are king at the moment.

gebbel

You are paying the price for your own bad judgement I'm afraid OP. If you want to minimise risk with your rental property then rent allowance candidates are out, period. I don't mean this to be inflammatory, it's just the way it is.

Atari Jaguar

gebbel wrote: »

You are paying the price for your own bad judgement I'm afraid OP. If you want to minimise risk with your rental property then rent allowance candidates are out, period. I don't mean this to be inflammatory, it's just the way it is.

Good group everyone together thanks. People like you are why I was homeless when I was. Also it's illegal to refuse RA tenants, just FYI.

rawn

gebbel wrote: »

You are paying the price for your own bad judgement I'm afraid OP. If you want to minimise risk with your rental property then rent allowance candidates are out, period. I don't mean this to be inflammatory, it's just the way it is.

There are thousands of RA tenants who are perfectly fine. You only hear about the bad ones.

OP, I really feel for you. I know it's difficult to do anything while you're living so far away but I would definitely appeal. But first you need to have proof that you followed correct eviction procedures AND that it is indeed a family member in the house. The RTB won't care about anything else until you prove that, otherwise the tenant wins by default, pretty much.

Clampdown

I think it's a disgrace what they did to the property but it was an illegal eviction. 100%.

You never had your brother move in and that's why you lost. You said the RTB just took her word that your brother wasn't there. That's not how they work, you would have been given an opportunity to prove he was there and you obviously could not.

You were desperate to get a paying tenant to cover the mortgage, but then you were suddenly in a position to give the property to your brother? I don't buy it.

You tried to use the loophole and got caught out. And without proof of the original state of the property you can't prove damages incurred either.

I wouldn't give her anything until the highest court in the land said I have to (not the joke that is the RTB) and even then I'd consider jail over giving her a single cent (if the story is accurate).

Clampdown

Prince Stocky Scorpio wrote: »

I wouldn't give her anything until the highest court in the land said I have to (not the joke that is the RTB) and even then I'd consider jail over giving her a single cent (if the story is accurate).

Yeah don't comply and get a criminal record and struck off from renting out the property that you have to pay a mortgage on. Great plan. You've obviously never been locked up!

the_syco

Clampdown wrote: »

Yeah don't comply and get a criminal record

AFAIK, the RTB has no legal powers?

CJF1 wrote: »

she went to the house and my brother wasn't there that it was a new renter, which wasn't true but RTB took it as conclusive even though it's from the mouth of a scammer

Clampdown wrote: »

it was an illegal eviction. 100%.

The RTB took the word of a heavily biased witness. So how exactly was it a 100% illegal eviction.

OP, getting your mum was a bad choice. Appeal, and get a solicitor to represent you.

The_Conductor

Clampdown wrote: »

Yeah don't comply and get a criminal record and struck off from renting out the property that you have to pay a mortgage on. Great plan. You've obviously never been locked up!

Its a civil matter- not a criminal matter.

rawn

rawn wrote: »

There are thousands of RA tenants who are perfectly fine. You only hear about the bad ones.

Absolutely true.

BUT if you've got a bad one you will never ever take the risk again.

If the legal system functioned properly in this country and it was possible to quickly regain posession where a tenant doesnt pay rent or damages the property, then landlords wouldn't need to be so picky.

realestatey

RE: the person who said "The RTB has no legal powers"

The RTB is empowered by the residential tenancies act 2004, and by last year's amendment act.

Section 124 of the 2004 act allows the RTB to enforce its decisions through the courts. It takes hundreds of court actions every year. If the judge agrees with the RTB's decision, the courts can issue a judgement order, including the legal costs of the RTB and may attach that judgement to a property or give to the sheriff for collection. When the judgement is registered, it will be searchable in Stubb's Gazette and affect the landlord's credit rating. Court judgements are also published by the RTB on their web site and will show up in a google search of the landlord's name / property address.

The RTB does not prosecute every case and it also open to a tenant or a landlord to go to court directly to request enforcement a decision of the RTB.

A delinquent tenant who causes damage beyond wear and tear or leaves rent unpaid in excess of the security deposit may be prosecuted in the same manner as a delinquent landlord.

Michael D Not Higgins

realestatey wrote: »

RE: the person who said "The RTB has no legal powers"

The RTB is empowered by the residential tenancies act 2004, and by last year's amendment act.

Section 124 of the 2004 act allows the RTB to enforce its decisions through the courts. It takes hundreds of court actions every year. If the judge agrees with the RTB's decision, the courts can issue a judgement order, including the legal costs of the RTB and may attach that judgement to a property or give to the sheriff for collection. When the judgement is registered, it will be searchable in Stubb's Gazette and affect the landlord's credit rating. Court judgements are also published by the RTB on their web site and will show up in a google search of the landlord's name / property address.

The RTB does not prosecute every case and it also open to a tenant or a landlord to go to court directly to request enforcement a decision of the RTB.

A delinquent tenant who causes damage beyond wear and tear or leaves rent unpaid in excess of the security deposit may be prosecuted in the same manner as a delinquent landlord.

That's all noble and well intentioned but the idea is that on its own the RTB is powerless. You still have to use the court to enforce anything.

Add to that, a delinquent tenant can (and has) plead no means to repay rent and damage. The most the court can do is enforce a repayment plan in the region of €5 a week in some instances.

Tigger

did you move your brother in or not?
what 10k damage was done? i get that it was messy but 10 k of damage is a lot

Cuddlesworth

Tigger wrote: »

did you move your brother in or not?
what 10k damage was done? i get that it was messy but 10 k of damage is a lot

Its pretty easy to get there. New kitchen doors, new furniture in kitchen/bedrooms/sittingrooms like couches, side tables, bed frames, mattresses. New carpets, new blinds. Complete repaint with repairs to damaged walls. Professional clean from top to bottom. Usually your looking at some bathroom work too, replacing shower doors/trays, Redoing grouting and the silicon and possibly replacing the toilet/sink.

It all really adds up.

Then you get the usual Irish landlord, who is renting their house and has all the furniture in it they planned on keeping for 3 decades. Which of course barley lasts five years and then they get angry.

CJF1

Hi everyone, 
Thanks so much for all your input and advice, it is really appreciated. 
My brother is on rent allowance as well and he had applied for a place and was waiting and living with my mother and driving her nuts. So he was going to pay me what he could to stay at my place in the interim and then he got offered a place close to his kids and never ended moving in there. I had already sent her the notice and said he was moving in so there was no going back. So I suppose I don't have a leg to stand on with that. I had no one in there from August to now and just took the hit myself with the mortgage. I am in 1 month arrears, though. 
I don't mean to be disparaging about rent allowance tenants, my brother is one and he always keeps his places immaculate. It's just that some people are so disrespectful that once you've been burned, you can't ever afford to take that risk again. The bad ones ruin it for everyone else and it's such a sad situation because people are desperately in need of housing. I wish there was a solution to make the system work better. 
While I understand the eviction piece, it seems so unfair that they would deem extreme damage "wear and tear". Flea infestations and missing cabinets, cracked toilets, etc are way beyond that. I think I was well within my rights to withhold her deposit. When you reward someone with a payout for treating someone's property like that, they are validated for their behaviour and will continue to do it wherever they go. I hoped they would rule in my favour with the deposit piece so she would learn that you can't wreck people's houses and get away with it! I am a tenant here in the States and I wouldn't dare do that to my accommodation. 
The reason I had my mother go is because I couldn't afford to fly back. I have no vacation time here so I would have had to take it off unpaid as well. They also only gave me 1.5 weeks notice of a hearing date! It was totally unreasonable.
I will seek legal advice just to understand the situation better for the future, but it sounds like I will have to just pay out. 
It's a pity the RTB are so biased, someone really needs to take them on so that they are fair in these kinds of cases where you have bad tenants. 
Thanks again to all of you.
Happy Christmas :)