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Tenent not paying rent

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  • 21-02-2017 10:03pm
    #1
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭


    Have a problem,
    Tenent of my house in Limerick stopped paying rent last month. Agent told me today its now 7 weeks late.

    They issued notice to evict but said not much they can do. I was told in theory they could take 6 months to evict !!!


«13456

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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    allibastor wrote: »
    Have a problem,
    Tenent of my house in Limerick stopped paying rent last month. Agent told me today its now 7 weeks late.

    They issued notice to evict but said not much they can do. I was told in theory they could take 6 months to evict !!!

    Did they issue a 14 day warning notice? Did they issue a notice of termination? You will be lucky to have it done in 6 months!


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    #3
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    4ensic15 wrote: »
    Did they issue a 14 day warning notice? Did they issue a notice of termination? You will be lucky to have it done in 6 months!

    They did, rent was due 1St Jan by DD, but they let it slide a week after christmas due to bank holidays.
    They issued 14 day, then notice. Said other than that not much Else can be done by them.
    Court next but six months is a long time


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    #4
    karloseqm
    Registered Users Posts: 56 ✭✭karloseqm


    Just wondering why he stopped paying ? To be honest alot of landlords recently increasing rent too high , higher then inflation.


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    #5
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Get copies of all the notices that they gave, and also proof of postage (if sent by registered post). If sent by normal mail, get a new agent that can do their job properly, because without proof of having sent the 14 day and the termination, the PTRB may not side with you.


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    #6
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    the_syco wrote: »
    Get copies of all the notices that they gave, and also proof of postage (if sent by registered post). If sent by normal mail, get a new agent that can do their job properly, because without proof of having sent the 14 day and the termination, the PTRB may not side with you.

    Hey, no they did keep all of that, copy of postage and the letters.
    Tenents have been there two years and never any problems at all.


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    #7
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    karloseqm wrote: »
    Just wondering why he stopped paying ? To be honest alot of landlords recently increasing rent too high , higher then inflation.

    Hi,

    Rent is a lot lower than market and i have not raised it in the two years, and didnt plan to. Even told tenent this


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    #8
    Squatman
    Registered Users Posts: 1,606 ✭✭✭Squatman


    talk to the tenant directly, asap. see if there is a reason for this, tenant may be moving out this month and wanted to ensure deposit isnt lost


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    #9
    TresGats
    Registered Users Posts: 181 ✭✭TresGats


    Exactly , if they are the dig in the heels type, you could be stuck with them for far longer for 6 months.
    Why do you think that they have stopped paying their rent- Is it genuine hardship or just cheek?
    Hate to say it, but if it's a house where you will get new tenants easily enough, I'd be tempted to offer a full deposit back (provided is returned in ok condition with just normal wear and tear, and a little sweetener "towards moving costs". There's probably not a lot out there, but that's not your fault.
    Of course people should not be 'rewarded' for not paying rent or overholding, but the reality is you could stand to lose a lot more, it depends on the calibre of the tenant.
    I hope it works out for you.


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    #10
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    Squatman wrote: »
    talk to the tenant directly, asap. see if there is a reason for this, tenant may be moving out this month and wanted to ensure deposit isnt lost

    Estate agent did, was told in Jan it was would be sorted but then they stopped answering pphhone


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    #11
    Squatman
    Registered Users Posts: 1,606 ✭✭✭Squatman


    allibastor wrote: »
    Estate agent did, was told in Jan it was would be sorted but then they stopped answering pphhone


    That wasnt my advice! Phone them, or call to the house. Youll get your answer much quicker than on Boards.


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    #12
    Finbarr Murphy
    Registered Users Posts: 91 ✭✭Finbarr Murphy


    Have you lodged a dispute with the RTB? If so ring them every couple of days for an update.


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    #13
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    Finbarr Murphy wrote: »
    Have you lodged a dispute with the RTB? If so ring them every couple of days for an update.

    No and no above, i was only told recently all this. Estaatte agent thougght to sort it first


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    #14
    Eric Cartman
    Registered Users Posts: 26,280 ✭✭✭✭Eric Cartman


    Access the property as a matter of emergency as you fear they may have died since they're not answering the phone ?


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    #15
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Id be straight around to the house, "bump into them" on the path near the house if you are worried about going up and banging on the front door (which is what I would do if owed rent).


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    #16
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Some dodgy advice about calling in OP. Be careful to do this by the book and keep yourself clean.


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    #17
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    LL is allowed to inspect or carry out emergency works. Is there any issues with property that would fall under emergency such as leak from roof or heating etc.

    Contact tenant directly and see if you can get through.

    Make sure to keep note of dates and times.

    There is absolutely nothing stopping you calling around to check is everything OK and if you get an answer give them written notice you will be inspecting the property but play it that it's a time that would suit them.


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    #18
    Mrs OBumble
    Registered Users Posts: 25,960 ✭✭✭✭Mrs OBumble


    OP its rare for good tenants to suddenly go bad for no resaon. If they were messers they would have been messing before now. They genuinely could be dead or in hospital or whatever. You need to find out whats reakly going on.

    (Possibly even your ageny is ripping you off: why did they allow rent to be below market rent?)


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    #19
    karloseqm
    Registered Users Posts: 56 ✭✭karloseqm


    That's not fair so if you are good landlord , they should pay! I am renting and landlord didn't rise rent and I appreciate that would never let him down 😶


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    #20
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    karloseqm wrote: »
    Just wondering why he stopped paying ? To be honest alot of landlords recently increasing rent too high , higher then inflation.

    Incidentally inflation is caused (among other things) by prices rising in the market. If the market for rental property increases then it's fair enough to increase the rent (in line with the legislation) - this increases inflation but the two are not linked in any other way.

    I also fail to see why one would stop paying rent entirely due to an unfair increase, the honourable thing to do would be to continue paying the lower rent at least.

    OP make sure you're going down the RTB route, it may be wise to consider speaking to a solicitor.


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    #21
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    Mrs OBumble wrote: »
    OP its rare for good tenants to suddenly go bad for no resaon. If they were messers they would have been messing before now. They genuinely could be dead or in hospital or whatever. You need to find out whats reakly going on.

    (Possibly even your ageny is ripping you off: why did they allow rent to be below market rent?)

    Hi,
    They not dead,i know some of the neighbours who says its all normal with them.
    In regards market rent, i set the rent and i kept it 15% lower than market, mainly due to them being good tenants. Advice through here has always been good tenents are worth it.

    The agents are part of a national Outfit so dont think its Wörth them ripping me off


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    #22
    tigersauce
    Registered Users Posts: 5 ✭tigersauce


    op, do all what you can to get them out, i have just gone through the process with the prtb for tenants not paying rent,

    it has taken the best part of 2 years to physically have them removed from my property,

    i have a order for €9000 against them for arrears not a chance in hell i will ever see this.
    i will never rent the property again until the laws for evicting tenants are quicker for non payment of rent and overholding are improved.


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    #23
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    tigersauce wrote: »
    op, do all what you can to get them out, i have just gone through the process with the prtb for tenants not paying rent,

    it has taken the best part of 2 years to physically have them removed from my property,

    i have a order for €9000 against them for arrears not a chance in hell i will ever see this.
    i will never rent the property again until the laws for evicting tenants are quicker for non payment of rent and overholding are improved.

    €9k, certainly would make most consider an alternative course of action and take any financial hit when it comes.


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    #24
    Wheeliebin30
    Closed Accounts Posts: 5,593 ✭✭✭Wheeliebin30


    I'd get around there.

    I would fear what the inside of your house is like if you or the agent hasn't seen it in a while.


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    #25
    JustAThought
    Registered Users Posts: 5,324 ✭✭✭JustAThought


    Wheeliebin30 wrote: »
    I'd get around there.

    I would fear what the inside of your house is like if you or the agent hasn't seen it in a while.

    Do you know someone in the gaurds? Maybe there is a strong smell of pot & what with them not answering their phone and the rent unusually not paid you are afraid for their luves. Are they unconscious inside? Did they fall down the stairs & in danger? Perhaps their car is unmoved from outside the house? Is there a drugs vendetta going on like with that guy who had to buy a 60K new car & had it parked outside the court but owed thousands? Expensive things cars. Cost a lot to repair & upkeep.

    Peehaps the neighbours heard nouse like falling or shouts - they could be unconscious inside & need help. Better get in there quickly. To help them. After all - they are usually reliable. Perhaps they have 'simply' fled the country, or ARE already in jail? So many questions.
    Is their car outside?


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    #26
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    JustAThought wrote: »
    Peehaps the neighbours heard nouse like falling or shouts - they could be unconscious inside & need help. Better get in there quickly. To help them. After all - they are usually reliable. Perhaps they have 'simply' fled the country, or ARE already in jail? So many questions.
    Is their car outside?
    They talked to the neighbours and they're fine. No need to barge into the property without permission.


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    #27
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    TheChizler wrote: »
    They talked to the neighbours and they're fine. No need to barge into the property without permission.

    They aren't paying rent, so yes there is need to get around there and barge in if necessary. Who is to say he spoke to the neighbours, he can use the excuse of an emergency when he or the agent hasn't got contact from the tenant.

    Also yet another lesson for not giving discounts on rent. There is zero thanks for it, not only is the op not getting rent at all now but he was getting 15% less every month than he should have been.


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    #28
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    allibastor wrote: »
    Hi,
    They not dead,i know some of the neighbours who says its all normal with them.
    Fox Chubby Stammerer wrote: »
    They aren't paying rent, so yes there is need to get around there and barge in if necessary. Who is to say he spoke to the neighbours, he can use the excuse of an emergency when he or the agent hasn't got contact from the tenant.
    They say themselves. If this goes to the PRTB it'll take long enough. A LL making up emergencies to illegally enter (without their permission/notice not in an emergency it's illegal) will not help speed up that process.


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    #29
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    TheChizler wrote: »
    They say themselves. If this goes to the PRTB it'll take long enough. A LL making up emergencies to illegally enter (without their permission/notice not in an emergency it's illegal) will not help speed up that process.

    Yes but the tenant doesn't know that, not getting rent and not having contact is a genuine reason for concern. It's amazing how people try to defend non-paying tenants.


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    #30
    spaceHopper
    Registered Users Posts: 3,992 ✭✭✭spaceHopper


    The agent may be part of a national franchise and not doing his job properly. You need to nip this in the the bud. Go talk to the tennant, they may be withholding rent because of something the agent did or didn't do. You have more to gain than to lose by talking to them.


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    #31
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    spaceHopper wrote: »
    The agent may be part of a national franchise and not doing his job properly. You need to nip this in the the bud. Go talk to the tennant, they may be withholding rent because of something the agent did or didn't do. You have more to gain than to lose by talking to them.

    Indeed yes; communication is the key to many problems. A good tenant does not usually stop paying rent suddenly without any explanation. Please give then a chance and see what has really happened


This discussion has been closed.
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