Tenants removing house contents

Hi

So some time ago i bought a property on Auction, gave the tenant notice. The tenant was entitled to 4 and a half months notice which i gave.

I inspected the property and accepted stickers on walls, nail holes in the walls, door handle damage in the walls from a stopper being removed etc.

When i inspected the property, i noticed the kitchen pantry installed in the bedroom, the tenant claimed she purchased it but from investigation and the fact it was the exact same style of the kitchen i was satisfied it was part of the kitchen. The other houses had the exact same units since they were built. The tenant had swapped out the bedroom unit with the kitchen.

They had also installed a fence separating from the neighbours. All seemed fine and at the end of the 4 and a half months she asked for an extra day which i gave her.

I requested a holding deposit and their solicitor contacted me saying that they dont have the money as they are saving for the new deposit and that can i withdraw this request. The solicitor said she knows the people and they are good honest people. I agreed to withdraw the request.

She gave the keys and left on handover day.

The fence the tenant installed in the back was removed, this was fine as they installed it but they have left the dividing wall plastic damaged and now needs to be repaired.
They left unwanted rubbish in the back such as an old trampoline,bbq, and other general waste.
They removed the pantry unit from the house.
Then i went to switch over the electricity account and they had rang the electricity provider a week earlier to say they moved out.

I text the tenant and she claimed she left everything belonged to the house in the house. Bear in mind this same tenant was getting her solicitor to contact me, which is a free service to her.

I contacted the solicitor and informed her of my grievances. I wouldn't have cared about the other items if she hadn't removed the pantry which i cannot now get a replacement of a similar style.

The solicitor replied saying that i am accusing their client of stealing and if i cannot provide credible evidence that this is defamation and she will take me to court. Also regarding the rubbish and wall damage they claimed when she handed over the keys that this should have been noted so basically its tough luck and now my problem.

Out of principle i now want to take this further, what are my options. I took pictures of the unit in the bedroom during an inspection and i have pictures from other housed with the exact same unit. This is actually theft.

What advise would any of you give on this.

Michael D Not Higgins

The tenant claimed they purchased the pantry. Was it agreed to leave it at the property?

No it wasn't agreed. They claimed they bought it and it wasn't part of the house contents.

It clearly was and is.

Grolschevik

Deleted User wrote:

It clearly was and is.

Is it listed on the inventory?

What does your solicitor say?

Its actually part of the kitchen. It was originally screwed to the wall, which they removed. These were holiday homes originally so its easy to see the original inventory. The units is an exact replica of the units in the other houses and the style is the exact same.

It very obvious the tenant is lying and took the unit hoping i wouldn't chase her on it.

Michael D Not Higgins

Deleted User wrote: »

Its actually part of the kitchen. It was originally screwed to the wall, which they removed. These were holiday homes originally so its easy to see the original inventory. The units is an exact replica of the units in the other houses and the style is the exact same.

It very obvious the tenant is lying and took the unit hoping i wouldn't chase her on it.

You knew the tenant was claiming it was theirs. If it was so crucial to you, you should have made it a condition of their moving out.

I think you might be out of luck, but speak to your own solicitor about it.

Its surely counted as an immovable item. It was affixed to the wall originally.

Even with the wall damage and rubbish. This should be at their cost, i can understand landlords frustrations with this, bad tenants get away with an awful lot

Let it go. Whatever you spend on legal fees could be spent rectifying any problems.

Read some of the problems about damage to properties, over holding and not paying rent and sit back and enjoy a worry free Christmas.

Michael D Not Higgins

Deleted User wrote: »

Its surely counted as an immovable item. It was affixed to the wall originally.

Even with the wall damage and rubbish. This should be at their cost, i can understand landlords frustrations with this, bad tenants get away with an awful lot

You're free to take a case with the RTB to dispute this but I don't see you winning since you don't have anything to back up your claims. I believe it is part of the kitchen from what you tell me but I also believe you can't prove that.

Again, speak to your solicitor. You need professional advice to go further.

Clarebelly

Is this an immigration bureau solicitor you are dealing with keeffo2005?

handlemaster

Who wouldnt want to be a landlord with tenants like this

Lumen

The defamation claim is absurd. You can't defame someone by writing them a letter.

This is not legal advice.

Pkiernan

RTB claim.

handlemaster

If OP can prove the property is his /hers then its theft

Pkiernan

Also report the <mod snip> solicitor to the Law Society for abuse of process.

pablo128

Contact Gardai and report the theft.

Avatar MIA

Deleted User wrote: »

The solicitor said she knows the people and they are good honest people. I agreed to withdraw the request.

You've learned an important lesson - that such an "assurance" was worthless.

Do yourself a big favour and suck it up.

FAILSAFE 00

Pkiernan wrote: »

Also report the <mod snip> solicitor to the Law Society for abuse of process.

Is the person really a solicitor?

It just doesn't sound like something a solicitor would say in this context.

OP, have you verified the solicitor. Place of business, phone number etc. Or did the tenant just give you a phone number.

pablo128

pablo128 wrote: »

Contact Gardai and report the theft.

But will they actually do anything, its even simple cases like this that should be pursued by landlords/law etc. This to me is all unreported crimes that should be stamped out

FAILSAFE 00

FAILSAFE 00 wrote: »

Is the person really a solicitor?

It just doesn't sound like something a solicitor would say in this context.

OP, have you verified the solicitor. Place of business, phone number etc. Or did the tenant just give you a phone number.

I have, all i know is that it is an immigration advice bureau and this supposed solicitor works there, not sure of her actual credentials

Pkiernan

Pkiernan wrote: »

Also report the <mod snip> solicitor to the Law Society for abuse of process.

How can you do this, do they need to have a license number of some sort.

Either way this will be a lessen to me, i am buying an investment property and i won't be so kind and understanding the next time.

I always argue the case there is bad landlords and bad tenants, both should be punished equally in the eyes of the law, this kind of behaviour and arrogant attitude will persist until there is an equal balance with the biased RTB. I wouldn't even bother dealing with them in this case from the horror stories i have heard

Thanks for all the feedback

I have researched defamation anyway and since it was communication between her and her 'solicitor' then there was no third party involved and nobody here knows either my identity or the former tenant

davindub

[Deleted User] wrote: »

How can you do this, do they need to have a license number of some sort.

Either way this will be a lessen to me, i am buying an investment property and i won't be so kind and understanding the next time.

I always argue the case there is bad landlords and bad tenants, both should be punished equally in the eyes of the law, this kind of behaviour and arrogant attitude will persist until there is an equal balance with the biased RTB. I wouldn't even bother dealing with them in this case from the horror stories i have heard

Thanks for all the feedback

I have researched defamation anyway and since it was communication between her and her 'solicitor' then there was no third party involved and nobody here knows either my identity or the former tenant

Hard to deal with but of you can get evidence that the pantry was installed as part of the build, you can pursue it as theft.

I dont think it is a solicitor you were speaking to. Legal aid is assigned for casework rather than general secretarial work.

Clampdown

Unless you have definitive proof (a photo or inventory signed by the tenant before the start o the tenancy) then there is no point taking it further, items installed in similar houses are irrelevant.

It could be worse, you could be a renter who made improvements to their place to make it the home they wanted only to have it sold out from under you and be forced out.