Rent late

The_Conductor

Bajer101- I have merged your two threads together.

myshirt

Bubbaclaus wrote: »

I don't see the issue here. You haven't paid your rent and are over 3 weeks late.

If your welfare payments were 3 weeks late would you accept the Government making silly excuses?

They have often been 3 months late with welfare payments! They will tell you go to community welfare officer to give you something to bridge the gap. In one of the poorest communities in Limerick where I volunteered I had a cwo cut back during the recession to one hour service once a week until they were called out on it.

Drive up in a new car, and drive away in a new car, and not a minute beyond the hour worked. Come back next week was the mantra. Optics terrible, and even worse the woman was piss poor. I mean really piss poor. She hadn't a clue. The place is full of them at 40k a piece.

So cool the heels, these delays happen on both sides, and often those on welfare have terrible problems getting access to services that others can access more easily, or are more educated to do themselves.

davindub

bajer101 wrote: »

Stheno wrote: »

So essentially you haven't paid your rent for over two weeks and think it's wrong that you can be evicted?

Not exactly correctly, but yes, this is my point. You can be evicted if your rent is 15 days late.



That's fine. I also do the same. The roof over the head is my first bill.

But if you missed your mortgage payment you would still be able to put your key in your door. I have just been threatened with a situation where I couldn't put the key in door of my home - because the rent would have been 15 days late.

Are people not getting this?

Have you spoken to the company? Some of these notices are automatic and the person dealing with credit control might not even realise what HAP entails or that you are on it.

If they do move to evict you, and perhaps now, you shoul contact Threshold, they provide a lot of support for tenants like yourself.

Pkiernan

Are you pursuing the father for child maintenance?
That way you could make up the rent arrears?

miamee

bajer101 wrote: »

I give up, nearly like I have done dealing with the beaurorcracy and nasty people I have had to deal with so far.

Do people not get this? Me and my ten year old daughter are being put out on the street by a billionaire property developer landlord because he can get more. This is the reality of families being put out on the street. It's happening now.

I'm sorry to hear that this is happening to you. Unfortunately to the property company you are not a single dad with a young daughter, you are just a number. All they are interested in is the €€ so talk to them in those terms if you can speak to someone at all. Evicting you and re-letting the property will cost them money, to have it professionally cleaned after you leave, potentially re-decorate, to advertise it and to have viewings, check references, etc. I'd imagine it will be less hassle and less costly for them to wait until Wednesday for their payment.

I can't comment on HAP and payments being in arrears because I genuinely don't know much about that end of things at all but I wish you luck in getting this sorted for you and your little girl.

beauf

beauf wrote: »

You have received eviction notice. You're not evicted yet. You can reset it by paying the rent and the arrears. You'll have it sorted long before the LL can actually evict you.

If I was you I'd go hound your local politicians that because of inaction by the Local Authority you will be evicted. They'll pressure the authority.

You can reset the notice of arrears but not the eviction notice as far as I'm aware, you certainly shouldn't be able to anyway as it's a joke if a tenant can keep being late with rent and only pay after an eviction notice is sent and the reset back and carry on with the same messing again with no repercussions.

Ms Doubtfire1

bajer101 wrote: »

I give up, nearly like I have done dealing with the beaurorcracy and nasty people I have had to deal with so far.

Do people not get this? Me and my ten year old daughter are being put out on the street by a billionaire property developer landlord because he can get more. This is the reality of families being put out on the street. It's happening now.

Don't be disheartened by many of the resident LL on this forum. Evicting someone is a very long, very tedious process and does require a court ruling as well. They can't just come and throw you on the street.Frankly, the LL can't even approach your home - he's not allowed regardless if you're late with the rent or not. Sit back, relax and fight the notice with the tenancy board. meanwhile, I would take a very easy approach on this - any chance you can get a Credit union / small bank loan covering one month rent? Even have a ring around with friends and parent? because if yes, you pay the LL the overdue rent (coming from HAP) and the rent in advance for one month.That way, you will always be current.if you cant - well, let them exhaust themselves with eviction notices - I sincerely doubt the RTB will rule in their favor - this is exactly why the laws in this country are so pro tenant.Sop greedy landlords can't evict HAP tenants because the government can't get their act together.

Mrs Shuttleworth

Ms Doubtfire1 wrote: »

Don't be disheartened by many of the resident LL on this forum. Evicting someone is a very long, very tedious process and does require a court ruling as well. They can't just come and throw you on the street.Frankly, the LL can't even approach your home - he's not allowed regardless if you're late with the rent or not. Sit back, relax and fight the notice with the tenancy board. meanwhile, I would take a very easy approach on this - any chance you can get a Credit union / small bank loan covering one month rent? Even have a ring around with friends and parent? because if yes, you pay the LL the overdue rent (coming from HAP) and the rent in advance for one month.That way, you will always be current.if you cant - well, let them exhaust themselves with eviction notices - I sincerely doubt the RTB will rule in their favor - this is exactly why the laws in this country are so pro tenant.Sop greedy landlords can't evict HAP tenants because the government can't get their act together.

I fail to see how the RTB could not rule in favour of the landlord in this case.

There is nothing "greedy" about a landlord expecting to be paid on time, particularly where the money is allegedly State guaranteed and by its nature HAP is paid in arrears which is an inherent flaw.

To the OP you fell behind with your payments. The "hit me with the child in me arms" excuse is as old as the hills.

You say that the landlord is a private company. That may be the case here but a private landlord with a mortgage if the tenant doesn't pay then his credit rating gets hit and the landlord goes into arrears on his mortgage. Many months elapse, the tenant is sitting pretty and the landlord taking the financial hit all the while and desperately trying to negotiate a moratorium or other deal with his bank.

This case is an example of why landlords quietly won't take HAP payments.

Ms Doubtfire1

Ms Doubtfire1 wrote: »

Don't be disheartened by many of the resident LL on this forum. Evicting someone is a very long, very tedious process and does require a court ruling as well. They can't just come and throw you on the street.Frankly, the LL can't even approach your home - he's not allowed regardless if you're late with the rent or not. Sit back, relax and fight the notice with the tenancy board. meanwhile, I would take a very easy approach on this - any chance you can get a Credit union / small bank loan covering one month rent? Even have a ring around with friends and parent? because if yes, you pay the LL the overdue rent (coming from HAP) and the rent in advance for one month.That way, you will always be current.if you cant - well, let them exhaust themselves with eviction notices - I sincerely doubt the RTB will rule in their favor - this is exactly why the laws in this country are so pro tenant.Sop greedy landlords can't evict HAP tenants because the government can't get their act together.

In other words "even though you are totally in the wrong, act the b*llocks to make the LLs life as difficult as possible" :rolleyes:

Ms Doubtfire1

I would have more sympathy for a private LL - especially one with a mortgage.But this is a huge firm as per OP - so i have a totally different view. and I'm quite sure the RTB won't side with the LL for the simple reason that the situation the eviction has been issued for will have been remedied at the point the case comes to the RTB. There will be a new situation with a different month being late but I would think a new eviction notice will have to be issued each time.

Ms Doubtfire1

Ms Doubtfire1 wrote: »

There will be a new situation with a different month being late but I would think a new eviction notice will have to be issued each time.

And that's not an reason to follow through with the eviction? If the RTB allow a tenant to be perpetually late with rent like this then they are an even bigger joke of an organisation than I already think they are.

beauf

Cash Young Yachtsman wrote: »

You can reset the notice of arrears but not the eviction notice as far as I'm aware, you certainly shouldn't be able to anyway as it's a joke if a tenant can keep being late with rent and only pay after an eviction notice is sent and the reset back and carry on with the same messing again with no repercussions.

I bet if they tried to evict you and you had paid the arrears anytime in that 42 days, very few judges are going to turf anyone out.

beauf

beauf wrote: »

I bet if they tried to evict you and you had paid the arrears anytime in that 42 days, very few judges are going to turf anyone out.

If that's the case it confirms how broken and onesided the system in favour of tenants.

beauf

Thats not news to anyone though is it.

In this case though the system is broken for both the Tenant and the LL. You can't pay a LL in arrears it removes any point of having a deposit.

A tenant on HAP for the most part is someone who needs a bit of help. This system causes more stress and worry for no real reason, other than it saves the Govt money. So thats the Govt priority here.
This was going on long before HAP with other schemes. At this point you have to accept its deliberate policy on the part of the Govt.

I love Sean nos

bajer101 wrote: »

If a tenant is one day late with their rent, is a landlord entitled to issue a 14 day notice, and then be entitled to evict a tenant 28 days later if that month's rent is not paid in full?

Yes and 28 days later, their reason for issuing the 14 day notice promptly would be justified.

The_Conductor

beauf wrote: »

Thats not news to anyone though is it.

In this case though the system is broken for both the Tenant and the LL. You can't pay a LL in arrears it removes any point of having a deposit.

A tenant on HAP for the most part is someone who needs a bit of help. This system causes more stress and worry for no real reason, other than it saves the Govt money. So thats the Govt priority here.
This was going on long before HAP with other schemes. At this point you have to accept its deliberate policy on the part of the Govt.

There is a presumption on the part of the government (and local authorities) that they are the renter of last resort- and that landlords *need* them- when the simple fact of the matter is- supply side issues are such that landlords most certainly do not need local authorities- its the local authorities who need landlords.

Dublin City Council- and one or two other enlightened local authorities nationally- have copped this- and made efforts to address the unattractiveness of the HAP scheme for landlords (in the case of DCC- they now pay- 2 months rent in advance and a 1 month deposit on behalf of tenants- if a landlord signs up with them).

The core issue at the root of all of this- is the simple fact- the government has outsourced its obligation to house its citizens, to the private sector- but they still want to treat them as though its some massive favour to landlords running schemes such as HAP- all the while playing ostrich, sticking their heads in the sand and singing Lalalala- whenever the chronic shortage of housing is brought up.........

The government and the local authorities need to put their hands up- and admit they made a mistake.

I love Sean nos

bajer101 wrote: »

I was a landlord in the past and would never have tried to evict someone over rent being late.

What happened that you're no longer a landlord now? Is it something to do with not being too pushed about receiving rent?

LuckyLloyd

Get your rent fixed up. Start paying it when it's due. Open a case with the RTB. If your rent is up to date and you're playing ball it's very difficult for you to be evicted in this State right now.

You MUST keep your rent up to date over the long haul though. That is your responsibility and no - one else's.

The_Conductor

LuckyLloyd wrote: »

Open a case with the RTB.

Just out of curiousity- on what grounds are you suggesting the OP lodge a case with the RTB? He is the tenant- not the landlord......?

jimmycrackcorm

Ms Doubtfire1 wrote:

I would have more sympathy for a private LL - especially one with a mortgage.But this is a huge firm as per OP - so i have a totally different view. and I'm quite sure the RTB won't side with the LL.

What if this huge firm has 100 tenants all being late with their rent?

Ms Doubtfire1

jimmycrackcorm wrote: »

Ms Doubtfire1 wrote:

I would have more sympathy for a private LL - especially one with a mortgage.But this is a huge firm as per OP - so i have a totally different view. and I'm quite sure the RTB won't side with the LL.

What if this huge firm has 100 tenants all being late with their rent?

Than that huge firm is in the wrong business.

EagererBeaver

Ms Doubtfire1 wrote: »

jimmycrackcorm wrote: »

Ms Doubtfire1 wrote:

I would have more sympathy for a private LL - especially one with a mortgage.But this is a huge firm as per OP - so i have a totally different view. and I'm quite sure the RTB won't side with the LL.

What if this huge firm has 100 tenants all being late with their rent?

Than that huge firm is in the wrong business.

Well no, they might very well be in the right business, they're just not managing it well. How would they manage it better? By ensuring that their customers pay according to the terms of the contract they agreed.

Ms Doubtfire1

Jimmy,
no huge firm - in the business for money - will have ONLY HAP tenants. Those firms are well aware of the way the government pays the rent. They will only allow a minimum of HAP tenants in their properties. So, the point itself is mute.
I would almost think the OP is renting in a building that maybe recently has been taken over by a firm like that and they are doing what they do best - evict to get people in who don't have to rely on the flawed way the irish government is doing business.They are however highly profitable - i have not yet seen a balance sheet of any of those firms that was showing a loss - and they are just lining their pockets.OP, sit tight, Don't be fooled or scared.

EagererBeaver

Ms Doubtfire1 wrote: »

.OP, sit tight, Don't be fooled or scared.

This is terrible advice. OP first raised attention to fact he was late paying rent nine months ago. Landlord will win. Easily.

OP, either get together the money, talk to landlord and explain to him goes you plan to pay on time from now on or start looking elsewhere.

The_Conductor

Ms Doubtfire1 wrote: »

OP, sit tight, Don't be fooled or scared.

How long should they sit tight though?
Once the landlord brings an eviction case to the RTB and a finding is made against the tenant- should they then move? Or should they wait until the RTB take a case on behalf of the landlord- to the circuit court- and then move? Or do they wait until the circuit court order is enforced by a sheriff- and they are frogmarched to the door? We're on month 9 already (given that the OP started this thread back in January). Sitting tight- is all well and good- however, even with the glacial pace at which the RTB move- time is running out for the OP. Simply telling them to sit tight- is akin to telling them to take the ostrich approach, stick their head in the sand, and pretend nothing is happening...........

The OP has to ensure their rent is paid in full and on time. Its a relatively simple part of a business transaction. Failure to pay your rent in full and on time- means you are delinquent, and in breach of your obligations as a tenant.

Whether the tenant is a HAP tenant, a RAS tenant, a private tenant- or any other class of a tenant- is not material to this- the tenant has to make sure they pay their rent in full and on time.

Once either the tenant or the landlord move away from a strictly business model towards one another- all hell breaks loose.

The OP is under no obligation to tell posters here what is going on with their case- however, they have come back with continuing updates to their tale of woe.

Advising them to stick their head in the sand and pretend all is well- is probably the worst possible advice you can give.

If after 9 months the tenant still has not normalised their relationship with their landlord- its highly unlikely they ever are going to do so- and its a matter of when, not if, that they find themselves homeless and in need of emergency accommodation. This is not fair to the OP- or especially to her daughter- and the real victim in all of this in my eyes- is the poor daughter, who is caught up in a mess not of her own making.

OP- don't sit tight. Talk to your landlord. Find out their bottom line. Talk to the local Community Welfare Officer in Social Welfare. Find out how you can bridge whatever gap it is- and be proactive to normalise your situation. Don't just sit there and do nothing.

Ms Doubtfire1

The_Conductor wrote: »

Ms Doubtfire1 wrote: »

OP, sit tight, Don't be fooled or scared.

How long should they sit tight though?
Once the landlord brings an eviction case to the RTB and a finding is made against the tenant- should they then move? Or should they wait until the RTB take a case on behalf of the landlord- to the circuit court- and then move? Or do they wait until the circuit court order is enforced by a sheriff- and they are frogmarched to the door? We're on month 9 already (given that the OP started this thread back in January). Sitting tight- is all well and good- however, even with the glacial pace at which the RTB move- time is running out for the OP. Simply telling them to sit tight- is akin to telling them to take the ostrich approach, stick their head in the sand, and pretend nothing is happening...........

The OP has to ensure their rent is paid in full and on time. Its a relatively simple part of a business transaction. Failure to pay your rent in full and on time- means you are delinquent, and in breach of your obligations as a tenant.

Whether the tenant is a HAP tenant, a RAS tenant, a private tenant- or any other class of a tenant- is not material to this- the tenant has to make sure they pay their rent in full and on time.

Once either the tenant or the landlord move away from a strictly business model towards one another- all hell breaks loose.

The OP is under no obligation to tell posters here what is going on with their case- however, they have come back with continuing updates to their tale of woe.

Advising them to stick their head in the sand and pretend all is well- is probably the worst possible advice you can give.

If after 9 months the tenant still has not normalised their relationship with their landlord- its highly unlikely they ever are going to do so- and its a matter of when, not if, that they find themselves homeless and in need of emergency accommodation. This is not fair to the OP- or especially to her daughter- and the real victim in all of this in my eyes- is the poor daughter, who is caught up in a mess not of her own making.

OP- don't sit tight. Talk to your landlord. Find out their bottom line. Talk to the local Community Welfare Officer in Social Welfare. Find out how you can bridge whatever gap it is- and be proactive to normalise your situation. Don't just sit there and do nothing.

thats not the advice I gave if you look at earlier posts. Thats the advice I gave in regards to all the LL here telling the OP to pay up or get out. Now, i came onto this thread to give advice to the OP - not to deal with all kinds of accidental Ll trying to scare the OP.

LuckyLloyd

The_Conductor wrote: »

Just out of curiousity- on what grounds are you suggesting the OP lodge a case with the RTB? He is the tenant- not the landlord......?

If I was in such a situation (I'd like to think I wouldn't), I'd be making arrangements to fix up the rent immediately and opening a dispute with the eviction notice to the RTB. You're not in the right on the case as the notice is valid, but it would seem prudent to open a dispute anyway while you fix up the problem on your side (the rent).

The_Conductor

LuckyLloyd wrote: »

If I was in such a situation (I'd like to think I wouldn't), I'd be making arrangements to fix up the rent immediately and opening a dispute with the eviction notice to the RTB. You're not in the right on the case as the notice is valid, but it would seem prudent to open a dispute anyway while you fix up the problem on your side (the rent).

I'm not sure I fully get what you're saying?
Initiate a case with the RTB- to buy time- while you try and sort the underlying issue (continual lateness with the rent)?

LuckyLloyd

The_Conductor wrote: »

I'm not sure I fully get what you're saying?
Initiate a case with the RTB- to buy time- while you try and sort the underlying issue (continual lateness with the rent)?

Yes, buy time in parallel with fixing up the rent. If you feel that would be utterly unnecessary I'll stand corrected.

Certainly we both agree that the ultimate path to assuaging the OP's worries here is getting their rent payment schedule up to date.

mel123

Ms Doubtfire1 wrote: »

Don't be disheartened by many of the resident LL on this forum. Evicting someone is a very long, very tedious process and does require a court ruling as well. They can't just come and throw you on the street.Frankly, the LL can't even approach your home - he's not allowed regardless if you're late with the rent or not. Sit back, relax and fight the notice with the tenancy board. meanwhile, I would take a very easy approach on this - any chance you can get a Credit union / small bank loan covering one month rent? Even have a ring around with friends and parent? because if yes, you pay the LL the overdue rent (coming from HAP) and the rent in advance for one month.That way, you will always be current.if you cant - well, let them exhaust themselves with eviction notices - I sincerely doubt the RTB will rule in their favor - this is exactly why the laws in this country are so pro tenant.Sop greedy landlords can't evict HAP tenants because the government can't get their act together.

Probably one of the worst pieces of advice i have read on boards in a long while, hopefully the OP doesn't take it on board