Tenent not paying rent

TheChizler

Fox Chubby Stammerer wrote: »

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.

Who's defending them? I want to make sure the landlord doesn't get screwed further by not doing things by the book.

beauf

Graces7 wrote: »

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

I would say if a tenant stops paying rent it IS usually without warning.

What you mean is, perhaps there is some short term crisis that can be overcome with discussion. For the LL it would be better not to go nuclear, straight out of the gate.

allibastor

All, an update.

I called to the EA office, they have emails and calls to back up what they say, they also showed me my account on the sheets for rent, repairs,payments etc. Just stopped in January

I have asked about calling to the house, but the EA has done this. I dont think the fault is too much with them

The family renting is just that, a normal 2 parent 2 kids family, no other issues going on there. Neighbors I know well-ish and had asked said they are OK, kids going to school and parents to work.

I would be worried about making up accusations of smell of drugs etc or going around knocking on the doors.


Yes, this seems very unfair, I have asked a cousin who is a solicitor who deals with property, he said all you can do is follow the legal route, but it could be 12 months for a full eviction, and the chance of getting money back from arrears is low. Once case the person made a payment of 1 euro a month to cover rent of 7K !!!

beauf

Which is why its well worth shortening that 12 months by negotiating, losing 2 or 3 months is better than losing 12, and perhaps the property being damaged.

allibastor

beauf wrote: »

Which is why its well worth shortening that 12 months by negotiating, losing 2 or 3 months is better than losing 12, and perhaps the property being damaged.

How do i shorten though????

I have asked the EA his thoughts on this, he said he will try, but my house currently is 100 less a month than a similar house. Why would they move???

punisher5112

allibastor wrote: »

How do i shorten though????

I have asked the EA his thoughts on this, he said he will try, but my house currently is 100 less a month than a similar house. Why would they move???

If you were to pay them off.

Quite likely you will never see your missing rent take again.

Shame its so easy for messers to work the system.

Still think you should call around and scope it out.

listermint

The agency is faceless at this point.

I think you are better off sucking it up and speaking with them yourself.

Many things in life can be sorted by discussion or you could go the legal root and the tenant then has no empathy for a faceless system.

Seeing you as a person like them usually could put it in perspective....

If it were me I'd go.

davindub

allibastor wrote: »

How do i shorten though????

I have asked the EA his thoughts on this, he said he will try, but my house currently is 100 less a month than a similar house. Why would they move???

You can issue an eviction notice now, they might comply.

But I would seriously go around there, you have a reason to go around, you are entitled to make reasonable efforts to contact them. You never know, they might have serious issues with the EA that the EA is not telling you about. You won't know until you speak to them yourself, or at least get their contact details and ring yourself.

jimmycrackcorm

tigersauce wrote:

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.

I watched the vinny show last night. Brid Smith from AA/PBP was criticising FF for not supporting their bill on Tennant rights.

I can't remember which FF td was on but he just came straight out and said they couldn't support it because it would have given tenants effective lifetime ownership of a rental property after two months tenure.

Brid Smith tried to argue the point but she couldn't even recall the specifics of the bill.

Mrs cockett

TheChizler wrote: »

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

Why?

TheChizler

Mrs cockett wrote: »

Why?

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

Retrovertigo

TheChizler wrote: »

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

How is a landlord knocking on the door of his own property to speak with a tenant a breach of the tenants rights?

GGTrek

TheChizler wrote: »

Mrs cockett wrote: »

Why?

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

Only if it is done in an anti-social manner. The landlord should go with witness exactly to avoid bad faith tenants trying to claim this. The landlord like any member of the public can go and knock the door and the tenant can voluntarily open the door and decide to discuss his/her financial issues with the landlord. I would suggest the landlord to go in person or to try to call the tenant on the phone, a tenant that has paid for two years and then suddenly stops is a strong indication of financial issues instead of a fraudster, so it might be possible to reach a deal between the parties which would be much better than the legal route.

Retrovertigo

GGTrek wrote: »

Only if it is done in an anti-social manner. The landlord should go with witness exactly to avoid bad faith tenants trying to claim this. The landlord like any member of the public can go and knock the door and the tenant can voluntarily open the door and decide to discuss his/her financial issues with the landlord. I would suggest the landlord to go in person or to try to call the tenant on the phone, a tenant that has paid for two years and then suddenly stops is a strong indication of financial issues instead of a fraudster, so it might be possible to reach a deal between the parties which would be much better than the legal route.

Exactly. OP you're more than entitled to politely knock on their door and ask to speak with them. It should be your first port of call now. Nothing illegal about doing that unless you kick their door in or enter the premises without permission.

Plus in doing so you will more than likely get an answer from them so you will at least know what's going on and if they are in distress you could have room to negotiate,

CollyFlower

If you're not getting any replies to your phone calls or emails you should call to the house, if you get no answer leave a note in the letter box saying you called, say something like 'if I don't hear from you within 3 days you'll have call the Guards to force entry'.

newacc2015

TheChizler wrote: »

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

Source?

Retrovertigo

CollyFlower wrote: »

If you're not getting any replies to your phone calls or emails you should call to the house, if you get no answer leave a note in the letter box saying you called, say something like 'if I don't hear from you within 3 days you'll have call the Guards to force entry'.

Leaving a note is fine, saying you'll get the Guards to force entry unless they reply would be a disaster because it's a blatant (illegal) threat and they could seriously screw you for doing that.

It's a civil matter anyway, even if you did go to the Guards they'd laugh you out of the station.

Retrovertigo

newacc2015 wrote: »

Source?

He has none, he's wrong.

CollyFlower

Retrovertigo wrote: »

Leaving a note is fine, saying you'll get the Guards to force entry unless they reply would be a disaster because it's a blatant (illegal) threat and they could seriously screw you for doing that.

It's a civil matter anyway, even if you did go to the Guards they'd laugh you out of the station.

I don't mean to leave a note as a threat regarding calling the Garda, it would be more a worry for their well-being.

Retrovertigo

CollyFlower wrote: »

I don't mean to leave a note as a threat regarding calling the Garda, it would be more a worry for their well-being.

You said to leave a note that included " say something like 'if I don't hear from you within 3 days you'll have call the Guards to force entry'."

That's just pure bonkers and extremely bad advice, for two reasons;

1) It's an unenforceable threat to involve the guards in a civil matter.
2) It will cause the landlord to lose any type of communication with the tenant and leave them open to a world of hurt legally if the tenant questioned it.

April 73

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.

This is depressing to read for any landlord. I wonder why any tenant in Ireland is paying rent when this is the legislative process to get them out when they decide to live in someone else's property for free.

OP I would call around to your property to speak to the tenants. Bring a witness if you wish to but there is nothing wrong with speaking to them to find out what the problem is. You may be able to resolve but you won't know til you try. Otherwise it looks like a long, arduous & costly road ahead.

TheChizler

Retrovertigo wrote: »

How is a landlord knocking on the door of his own property to speak with a tenant a breach of the tenants rights?

I was responding to posts saying to enter the house under the assumption something had happened to the tenant or by making up an emergency, when the landlord had been told by the neighbour that they were fine

CollyFlower

CollyFlower wrote: »

I don't mean to leave a note as a threat regarding calling the Garda, it would be more a worry for their well-being.

If you are worried for their well being you can just open the door and enter yourself, as a few people are pointing out being worried about the welfare of the tenant or the possibility of an emergency are grounds for the LL to enter despite one or two posters trying to claim otherwise.

*what neighbours say is meaningless.

TheChizler

Fox Chubby Stammerer wrote: »

If you are worried for their well being you can just open the door and enter yourself, as a few people are pointing out being worried about the welfare of the tenant or the possibility of an emergency are grounds for the LL to enter despite one or two posters trying to claim otherwise.

*what neighbours say is meaningless.

I'd be curious to see what they way the RTB would come down if a landlord entered on foot of an emergency which was conveniently timed after rent wasn't paid and after the neighbours told them everything was fine.

TheChizler

TheChizler wrote: »

I'd be curious to see what they way the RTB would come down if a landlord entered on foot of an emergency which was conveniently timed after rent wasn't paid and after the neighbours told them everything was fine.

How will the RTB know that neighbours told them everything was fine? Even if they did find out why should the LL be obliged to believe it, neighbours half see things, mix people up, mix up when they actually saw something etc etc and I would see no obligation on the LL to treat what they said as gospel. This is not a small matter, I would not being going by hearsay from neighbours to decide the course of action. If I was out rent by anymore than a week, never mind 7 I would not be sitting on my hands I'd be strongly pursuing my money.

newacc2015

TheChizler wrote: »

I'd be curious to see what they way the RTB would come down if a landlord entered on foot of an emergency which was conveniently timed after rent wasn't paid and after the neighbours told them everything was fine.

I would imagine the RTB would say 'wow, you sent x number of emails, call and texts all unanswered. I can see why you knocked on the door'

Maybe OP could not recall what the neighbour said... There is no record of that conversation and everything would be hearsay...

There is nothing stopping OP calling to the door to ask if everything is OK. He is not asking to enter the property.

TheChizler

Fox Chubby Stammerer wrote: »

How will the RTB know that neighbours told them everything was fine?

They might have told the tenant. It's a risky course of action to knowingly lie.

newacc2015 wrote: »

I would imagine the RTB would say 'wow, you sent x number of emails, call and texts all unanswered. I can see why you knocked on the door'

Not talking about knocking on the door. There were posts advocating the LL just letting themselves in.

Thoie

With the big storm last night, are you worried about damage to the roof, that might necessitate popping over to make sure everything's OK (giving tenants proper notice of the visit, etc)?

Mrs OBumble

April 73 wrote: »

This is depressing to read for any landlord. I wonder why any tenant in Ireland is paying rent

Because most of us are not scummers, and we live up to our obligations. Its a small minority who let the rest of us down.

We can also see the big picture re what would happen to the rental sector if we all acted the bollox.

spaceHopper

Before you go to war, go hear their side of it, talk to them there may be more to this than the EA is telling you. You will look really stupid if you go to court and the judge says, have you tried to engage with them. Stop hiding behind the EA and go see them or arrange to go see them with the EA for back up. Then if there is still a problem go legal