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Tenent not paying rent

1356

Comments

  • #62
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,268 ✭✭✭Claw Hammer


    spaceHopper wrote: »
    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

    A case like this can't be brought to court. In any event there is no obligation to engage with a debtor other than to send a warning letter before issuing proceedings. Judges only want evidence of the debt.


  • #63
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    Claw Hammer wrote: »
    A case like this can't be brought to court. In any event there is no obligation to engage with a debtor other than to send a warning letter before issuing proceedings. Judges only want evidence of the debt.

    I went to house today, spoke with tenent, told everything OK just a small hiccup with rent but will sort it.
    I was told after that I can't do much more now till they miss it again.

    Also told not to call again as I can be seen to harras


  • #64
    Mrs cockett
    Registered Users Posts: 470 ✭✭Mrs cockett


    allibastor wrote: »
    I went to house today, spoke with tenent, told everything OK just a small hiccup with rent but will sort it.
    I was told after that I can't do much more now till they miss it again.

    Also told not to call again as I can be seen to harras

    Hope it works out from here on


  • #65
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    allibastor wrote: »
    I went to house today, spoke with tenent, told everything OK just a small hiccup with rent but will sort it.
    I was told after that I can't do much more now till they miss it again.

    Also told not to call again as I can be seen to harras

    You can leave your termination notice in place. No point in starting again when they miss the next payment.


  • #66
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Does it not reset if they pay up.


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  • #67
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    beauf wrote: »
    Does it not reset if they pay up.

    It resets if paid before the 14 day notice of arrears, which in itself is crazy as a tenant can be late every month and get away with it as there is no accumulation of notices or anything like that.

    I would hope that paying does not reset the notice of termination.

    Op I would leave the notice in place and evict them if you can, especially becuse of their cheeky comment about not calling again, and they 7 weeks late with rent they have some neck. I'd want them gone asap if it was my house.


  • #68
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    I don't think he can if they keep paying inside the 14 days.

    The PRTB wouldn't give any weight to harassment, if they are 7 weeks late and no communication. The PRTB do stand up for LL sometimes.


  • #69
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    beauf wrote: »
    I don't think he can if they keep paying inside the 14 days.

    The PRTB wouldn't give any weight to harassment, if they are 7 weeks late and no communication. The PRTB do stand up for LL sometimes.

    I would assume that eviction notice has been issued by now as they are well beyond the 14 days.


  • #70
    April 73
    Registered Users Posts: 846 ✭✭✭April 73


    Mrs OBumble wrote: »
    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.

    Well it's fair to say that when the legislation takes two years to evict non-paying tenants & very little recourse for the LL to recover the rent - the fact that the majority of tenants continue to pay shows that most people are fundamentally decent & don't play the system.
    It's unfortunate that the laws allow those prone to messing to have such a huge negative impact on their landlord.


  • #71
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Fox Chubby Stammerer wrote: »
    I would assume that eviction notice has been issued by now as they are well beyond the 14 days.

    I'm guessing the LL has been foot dragging on this one.


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  • #72
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    beauf wrote: »
    I'm guessing the LL has been foot dragging on this one.

    The LL has an agent dealing with it, if they haven't issued the eviction notice I'd be looking for compensation from them and no longer availaing of their services (don't know why LL use agents in the first place unless they are out of the country much better dealing with it yourself).


  • #73
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Op you need to stick to the notice as mentioned above and start the clock.

    You or the agents shouldn't have left it so long.

    You need to either get them paying again with a proper reason but on your terms where you must inspect the property but I would guess they will not pay and just made the mistake of answering the door.

    Put the case to the rtb and get a specialized solicitor to do it right.

    Or go to them and pay them to leave.


  • #74
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    beauf wrote: »
    I'm guessing the LL has been foot dragging on this one.

    If you read page 1 you would see all this has been done.


  • #75
    allibastor
    Closed Accounts Posts: 2,520 ✭✭✭allibastor


    punisher5112 wrote: »
    Op you need to stick to the notice as mentioned above and start the clock.

    You or the agents shouldn't have left it so long.

    You need to either get them paying again with a proper reason but on your terms where you must inspect the property but I would guess they will not pay and just made the mistake of answering the door.

    Put the case to the rtb and get a specialized solicitor to do it right.

    Or go to them and pay them to leave.

    Agents issued14 day notice on 8th Jan.

    What do they do with this, go round the house with the heavies??


  • #76
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    allibastor wrote: »
    Agents issued14 day notice on 8th Jan.

    What do they do with this, go round the house with the heavies??

    Up to you but they will get compensation of around €10k could even be more.

    I would still carry on with eviction as they have gone well over 14 days has the eviction noticed been furnished to the tenants of not why not as that should be done 28 days from start of arrears( non payment)


  • #77
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    allibastor wrote: »
    If you read page 1 you would see all this has been done.

    I meant about foot dragging in general. Its 7 weeks late, 2 months. Regardless of the tenant saying they will pay it, I would be proceeding on the assumption they won't.


  • #78
    Graces7
    Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    Fox Chubby Stammerer wrote: »
    It resets if paid before the 14 day notice of arrears, which in itself is crazy as a tenant can be late every month and get away with it as there is no accumulation of notices or anything like that.

    I would hope that paying does not reset the notice of termination.

    Op I would leave the notice in place and evict them if you can, especially becuse of their cheeky comment about not calling again, and they 7 weeks late with rent they have some neck. I'd want them gone asap if it was my house.

    How was that cheeky? I would react similarly if a ll knocked at the door like that too. Thankful for the rules set down...


  • #79
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Graces7 wrote: »
    How was that cheeky? I would react similarly if a ll knocked at the door like that too. Thankful for the rules set down...

    So if you stopped paying rent, and stopped all communication, you would expect someone to call to see if you died, left, or are just over staying.

    What would you expect? That if you ignore everything, nothing will happen?


  • #80
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Graces7 wrote: »
    How was that cheeky? I would react similarly if a ll knocked at the door like that too. Thankful for the rules set down...

    They are 7 weeks late with rent and therefore in no position to be making demands of the LL or crying about their "rights". They are terrible tenants now and any attempt to start pointing out rights rather than grovelling would tell me that they need to be got rid of asap as things will only get worse with them.


  • #81
    MarkY91
    Registered Users, Registered Users 2 Posts: 7,067 ✭✭✭MarkY91


    After that went on then that cheeky comment, I would be doing everything in my power to get rid of them. They're a disgrace.


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  • #82
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,268 ✭✭✭Claw Hammer


    MarkY91 wrote: »
    After that went on then that cheeky comment, I would be doing everything in my power to get rid of them. They're a disgrace.

    Who said the tenants made than comment?


  • #83
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • #84
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,268 ✭✭✭Claw Hammer


    Patww79 wrote: »
    This post has been deleted.

    No he didn't. He said he was told afterwards not to call again. That would imply that he got advice from someone else not to call again, not that the tenants said it at the time.


  • #85
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    allibastor wrote: »
    I went to house today, spoke with tenent, told everything OK just a small hiccup with rent but will sort it.
    I was told after that I can't do much more now till they miss it again.

    Also told not to call again as I can be seen to harras

    TBH its not very clear. It could be interpreted either way. Sounds like it was the agent advice to me.


  • #86
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Graces7 wrote: »
    How was that cheeky? I would react similarly if a ll knocked at the door like that too. Thankful for the rules set down...

    I don't think you would react that way Grace if you were 7 weeks late with your rent, would you?


  • #87
    Retrovertigo
    Registered Users Posts: 497 ✭✭Retrovertigo


    Claw Hammer wrote: »
    No he didn't. He said he was told afterwards not to call again. That would imply that he got advice from someone else not to call again, not that the tenants said it at the time.

    That's the impression I got from the post as well, although the wording could have been less ambiguous. The tenants are hardly in a position to dictate terms.

    In saying that, should the tenants go silent again I would not consider another call in person to be considered harassment by any means if it is the only option to keep communication open.


  • #88
    Black_Knight
    Moderators Posts: 12,379 ✭✭✭✭Black_Knight


    allibastor wrote: »
    I went to house today, spoke with tenent, told everything OK just a small hiccup with rent but will sort it.

    A small hiccup is being a week or so late. Missing 2 months rent (A 3rd month is on the horizon) is taking the piss. If a tenant moved out and didn't get their deposit back for 7+ weeks, you think they'd be happy with an excuse of "it's just a small hiccup". I'd find it hard to give them the benefit of the doubt. They set the tone when they stopped communication.

    Maybe if everyone in the country stopped paying rent there'd be new legislation around evicting non-paying tenants?


  • #89
    Graces7
    Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    pilly wrote: »
    I don't think you would react that way Grace if you were 7 weeks late with your rent, would you?

    Do not know as I would never be in that state! Probably if I were I would not answer the door.. and the dog would bark if anyone knocked!

    Were I fully to blame? Would be very , very defensive indeed and probably refer them back to the agent.

    But the rule of peaceful and private enjoyment does still apply which is what was referred to as else harassment. All MUST be in writing to safeguard all parties.

    I have had need to remind one ll of that.


  • #90
    Graces7
    Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    Black_Knight wrote: »
    A small hiccup is being a week or so late. Missing 2 months rent (A 3rd month is on the horizon) is taking the piss. If a tenant moved out and didn't get their deposit back for 7+ weeks, you think they'd be happy with an excuse of "it's just a small hiccup". I'd find it hard to give them the benefit of the doubt. They set the tone when they stopped communication.

    Maybe if everyone in the country stopped paying rent there'd be new legislation around evicting non-paying tenants?

    Took me eight months once to get the deposit back and that was via an agent.... Just kept the paperwork going all above board.


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  • #91
    Black_Knight
    Moderators Posts: 12,379 ✭✭✭✭Black_Knight


    Graces7 wrote: »
    Took me eight months once to get the deposit back and that was via an agent.... Just kept the paperwork going all above board.

    Was there a hiccup involved? ::pac:


This discussion has been closed.
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