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Need property for son

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24

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    #32
    Ursus Horribilis
    Closed Accounts Posts: 6,168 ✭✭✭Ursus Horribilis


    groovyg wrote: »
    Can the landlord get a locksmith around to change the locks so they can have access to the house. Its totally illegal what they have done.

    The OP would be insane to let a locksmith near the place in the circumstances. I'm no legal expert but surely this action by the tenant is going to work in the OP's favour?


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    #33
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    Ursus Horribilis wrote: »
    The OP would be insane to let a locksmith near the place in the circumstances. I'm no legal expert but surely this action by the tenant is going to work in the OP's favour?

    It will work in LL's favour but I don't think it will speed up the RTB process. Does anyone know how long it takes these days. 12/18 months?


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    #34
    Cath54
    Registered Users Posts: 61 ✭✭Cath54


    Thank you for your replies and to pm reply also. I think we will be in this for the long haul. It's just so disappointing when relations were always amicable up to now. The sudden switch and hostility is unnerving to say the least.


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    #35
    76544567
    Registered Users Posts: 465 ✭✭76544567


    Cath54 wrote: »
    Thank you for your replies and to pm reply also. I think we will be in this for the long haul. It's just so disappointing when relations were always amicable up to now. The sudden switch and hostility is unnerving to say the least.

    Had the same problem myself recently. A couple who I would have described as the best tenants over had suddenly turned into the tenants from hell. Because they could and there is nothing I could do about getting them out within a couple of years even when the stopped paying rent.


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    #36
    dolallyoh
    Closed Accounts Posts: 532 ✭✭✭dolallyoh


    76544567 wrote: »
    Had the same problem myself recently. A couple who I would have described as the best tenants over had suddenly turned into the tenants from hell. Because they could and there is nothing I could do about getting them out within a couple of years even when the stopped paying rent.

    Terrible - how did it end for you ?


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    #37
    sreilly37
    Registered Users Posts: 9 ✭sreilly37


    76544567 wrote: »
    Had the same problem myself recently. A couple who I would have described as the best tenants over had suddenly turned into the tenants from hell. Because they could and there is nothing I could do about getting them out within a couple of years even when the stopped paying rent.

    There should be a bad tenants registry online with all these people's names listed :mad:


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    #38
    76544567
    Registered Users Posts: 465 ✭✭76544567


    dolallyoh wrote: »
    Terrible - how did it end for you ?

    It got handled is all I can say.


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    #39
    FAILSAFE 00
    Registered Users Posts: 5,419 ✭✭✭FAILSAFE 00


    It should be pointed out that even if you win a RTB case the tenant can still not be removed unless they decide to leave. You then need to go to court to show them the RTB case result so the court issues an order for them to be removed.

    Just madness. Personally I wouldn't let the law cost me this much income.


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    #40
    76544567
    Registered Users Posts: 465 ✭✭76544567


    sreilly37 wrote: »
    There should be a bad tenants registry online with all these people's names listed :mad:

    Always ask for last three landlords reference s.
    Ignore the last one. He would say anything to get rid of a bad tenant of they were bad, so can't be trusted. As would anyone.
    However the previous landlords won't have any such problem telling you how they are.

    And first question should be have they ever been late with rent, even once. And if they have, then cross them off the list. You just can't take chances anymore with the deck stacked against you. You need to protect yourself.


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    #41
    76544567
    Registered Users Posts: 465 ✭✭76544567


    FAILSAFE 00 wrote: »
    It should be pointed out that even if you win a RTB case the tenant can still not be removed unless they decide to leave. You then need to go to court to show them the RTB case result so the court issues an order for them to be removed.

    Just madness.

    Even then, with a court order, you still have a ways to go before you get them out.


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    #42
    FAILSAFE 00
    Registered Users Posts: 5,419 ✭✭✭FAILSAFE 00


    Reference are next to useless in my opinion.

    I caught one landlord lying just to get rid of a bad tenant. He spook highly about his wonderful tenant who he was sorry to lose. Luckily enough a friend lived a few doors down from that landlords property and explained the tenant had practically destroyed it.

    For prospective tenants I'd meet them face to face and get them to talk through their previous tenancies and ask for their landlords contact details. If they even hesitate strike them off the list.

    Ask for a work reference and proof that they work there.

    Look for 2-3 months rent deposit.


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    #43
    Caliden
    Registered Users Posts: 5,982 ✭✭✭Caliden


    Graces7 wrote: »
    Seeing it from both sides.. if they are working then they need to be in that area. I had to move 200 miles this year as the only property I could afford was up here. It is not something to be undertaken lightly but I knew why my ll needed the house and we got on well. Just moved as soon as I could.

    The OP has explained earlier that the tenant was given a heads up about this last Summer so she's had 6 months notice before even being given official notice.


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    #44
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    What I don't get sometimes is that all these 'difficult' tenants all have to live somewhere else eventually. If they vacated like they have been asked there would be no problem with a reference and they would have a good chance of getting something else. I don't know anyone who would take a new tenant on without a well scrutanised reference. In the long run the tenant really has little to gain.


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    #45
    dapop
    Registered Users Posts: 16 ✭dapop


    sreilly37 wrote: »
    There should be a bad tenants registry online with these people's names listed :mad:

    Will never happen due to the risk of libel. Same goes for a register of bad landlords.

    Re the locks it is a breach but with any breach you need to give the opportunity to remedy the breach so write to the tenant and say the locks have been changed without your consent and in breach of their tenancy agreement (and the 2004 RTA) and the original locks are to be reinstated within 7 days. They will not do this but it is all evidence if you end up in an RTB adjudication.

    Work on the basis that you are going to end up in adjudication where accurate and easily referenced records are paramount - the RTB simply apply the law (the adjudicators are usually solicitors) to any case but if there is a grey area then they will give the benefit of doubt to a tenant generally. Do not leave grey areas.

    I would recommend only communicating with the tenant in writing and send everything swift post - proof of delivery but does not need to be signed for. Your tenant will not sign for registered letters - provable non delivery.

    In my experience most tenants will engage with the adjudication and then appeal it. This does not always take months (I know of one adjudication that happened in early November 2016 and appeal was heard in late December 2016). Once the appeal is heard you will hopefully have an order to vacate in your favour that a tenant cannot appeal further (except on a point of law).

    If the tenant still does not vacate you need to get the order enforced by the court. The RTB will do this in some cases but you are far better employing a solicitor to get it enforced - far quicker but could still take a few weeks depending on court dates.

    The number of good tenants and landlords far outweigh the bad ones. And for the record I have always found that if landlords and tenants are fair with each tenancies run far more smoothly. Sure some people will take advantage but once again this is a minority with a disproportionate presence on forums etc....


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    #46
    Cath54
    Registered Users Posts: 61 ✭✭Cath54


    Yes I have already done this dapop except I sent by registered mail :(
    Will just have to wait and see what happens now and whether post will be signed for or not.
    And I agree with you about being fair - we were - and feel like complete idiots now.


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    #47
    wersal gummage
    Registered Users Posts: 1,648 ✭✭✭wersal gummage


    Terrible. Just out of curiosity, how do you know the locks have been changed?


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    #48
    76544567
    Registered Users Posts: 465 ✭✭76544567


    FAILSAFE 00 wrote: »
    Reference are next to useless in my opinion.

    I caught one landlord lying just to get rid of a bad tenant. He spook highly about his wonderful tenant who he was sorry to lose. Luckily enough a friend lived a few doors down from that landlords property and explained the tenant had practically destroyed it.

    For prospective tenants I'd meet them face to face and get them to talk through their previous tenancies and ask for their landlords contact details. If they even hesitate strike them off the list.

    Ask for a work reference and proof that they work there.

    Look for 2-3 months rent deposit.

    Yeah current landlord reference is useless. Need to get references from last few landlords and then work from there


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    #49
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    76544567 wrote: »
    Yeah current landlord reference is useless. Need to get references from last few landlords and then work from there

    But you always get people who say they haven't rented before. In some cases it's true. Definitely was in my case last year.


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    #50
    76544567
    Registered Users Posts: 465 ✭✭76544567


    pilly wrote: »
    But you always get people who say they haven't rented before. In some cases it's true. Definitely was in my case last year.

    They wouldn't be for me. I would move on to the next applicant and let the ones who haven't rented before get a history with someone willing to take a risk on them.


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    #51
    Cath54
    Registered Users Posts: 61 ✭✭Cath54


    wersal gummage wrote: »
    Terrible. Just out of curiosity, how do you know the locks have been changed?
    A stranger called us to say boiler was broken and she had keys to let plumber in to fix if we could organise it as the locks have been changed. Tenant will not communicate with us all of a sudden. Don't know who this other person is. Says she is a friend


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    #52
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    So is the boiler still broken.


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    #53
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Cath54 wrote: »
    A stranger called us to say boiler was broken and she had keys to let plumber in to fix if we could organise it as the locks have been changed. Tenant will not communicate with us all of a sudden. Don't know who this other person is. Says she is a friend

    They have some cheek. :mad:


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    #54
    Claw Hammer
    Registered Users Posts: 6,238 ✭✭✭Claw Hammer


    emeldc wrote: »
    It will work in LL's favour but I don't think it will speed up the RTB process. Does anyone know how long it takes these days. 12/18 months?

    It does speed it up. The tenant can be notified in writing and and given 14 days to put the original locks back. Failure to do so can bring the notice period down to 28 days.


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    #55
    FAILSAFE 00
    Registered Users Posts: 5,419 ✭✭✭FAILSAFE 00


    Do not fix anything.


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    #56
    groovyg
    Registered Users Posts: 1,049 ✭✭✭groovyg


    Cath54 wrote: »
    A stranger called us to say boiler was broken and she had keys to let plumber in to fix if we could organise it as the locks have been changed. Tenant will not communicate with us all of a sudden. Don't know who this other person is. Says she is a friend

    Have you been around to check on the place or even to try talk to the tenant directly? I really don't think you can waste any time sending letters back and forth. I'd be wondering what else is broken in the house.


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    #57
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    groovyg wrote:
    Have you been around to check on the place or even to try talk to the tenant directly? I really don't think you can waste any time sending letters back and forth. I'd be wondering what else is broken in the house.


    Have you read the thread?


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    #58
    Cath54
    Registered Users Posts: 61 ✭✭Cath54


    pilly wrote: »
    They have some cheek. :mad:

    Only got this call today so we are on to it. Have got someone for Mon


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    #59
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    Cath54 wrote: »
    Only got this call today so we are on to it. Have got someone for Mon

    You need to arrive with the plumber and gain access. You need to apply plenty of pressure but obviously staying within the law. Hand deliver any notices at the time as well.


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    #60
    Browney7
    Registered Users Posts: 3,100 ✭✭✭Browney7


    Is it really the best course of action to get a plumber in when they aren't paying rent??


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    #61
    FAILSAFE 00
    Registered Users Posts: 5,419 ✭✭✭FAILSAFE 00


    Cath54 wrote: »
    Only got this call today so we are on to it. Have got someone for Mon

    I don't understand. Why are you fixing something that could potentially expedite their departure. (boiler)

    We are aware of landlords responsibilities but this is where you need to play hardball. You can claim you tried to contact the tenant multiple times to fix it yet they never responded to your calls and emails.


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