Tenent not paying rent

allibastor

spaceHopper wrote: »

Was this the reason for not paying or did they give you a reason. Did the EA tell you he hadn't sorted washing machine? Leaving a family with out a washing machine since mid december is going to piss them off no end I wouldn't blame them for stopping paying till it's fixed.

You should keep in touch with tennant don't let the EA put you off, he just doesn't want you to know he's not doing is end of the job.

It wasnt mid decembber just to point, the email the ea received was at15:44 on the 24Th of decembber.

spaceHopper

allibastor wrote: »

It wasnt mid decembber just to point, the email the ea received was at15:44 on the 24Th of decembber.

OK that's terrible timing, but still he should have booked a repair call as soon a possible. Both are around the same time so being late with rent should not have stopped the EA from getting the washing machine fixed at that stage. What did the tenant tell you, why where they late with the rent?

pilly

allibastor wrote:

I plan to, the ea has shown me calls and texts since 4th Jan asking when the tenants are home for work to be done. About nine in total.

Well that's fair enough so. Attempts have been made to do the repairs in that case.

waterfaerie

I think you need to get rid of your estate agent.

allibastor

spaceHopper wrote: »

OK that's terrible timing, but still he should have booked a repair call as soon a possible. Both are around the same time so being late with rent should not have stopped the EA from getting the washing machine fixed at that stage. What did the tenant tell you, why where they late with the rent?

Hey,
No they did book the repair, the were only open for two days I think over the Christmas but one email and text was sent on the 28th to ask for times for repairs, the rest sent in the first 2 weeks. They say there were calls also, but obvs no proof of them.

Tenant has not said anything since I called down last week. All quiet.

allibastor

waterfaerie wrote: »

I think you need to get rid of your estate agent.

I suppose so, but from reading here and other threads I am not really sure what more they can do?

4ensic15

allibastor wrote: »

I suppose so, but from reading here and other threads I am not really sure what more they can do?

looks like the EA was on the ball. You should hassle the RTB for a hearing date given that you have an overholding non paying tenant.

allibastor

4ensic15 wrote: »

looks like the EA was on the ball. You should hassle the RTB for a hearing date given that you have an overholding non paying tenant.

More talk from EA today, rent due tomorrow but if nothing happens they cant do much more!!

allibastor

No rent today

April 73

So where are you now in the eviction process?

pilly

allibastor wrote:

No rent today

So that's 3 months they now owe? This is a nightmare for you OP. I feel for you.

davo10

Op. Considering how long, and how much you are going to be out of pocket by going RTB/COURT route, you now have to consider all options available to you.

In my opinion, you are likely to be disadvantaged financially no matter which way you go, but for your own sanity, it may be better to draw this to a conclusion by what ever method you deem most advantageous to you so that you can get a new, paying tenant in.

Mrs cockett

davo10 wrote: »

Op. Considering how long, and how much you are going to be out of pocket by going RTB/COURT route, you now have to consider all options available to you.

In my opinion, you are likely to be disadvantaged financially no matter which way you go, but for your own sanity, it may be better to draw this to a conclusion by what ever method you deem most advantageous to you so that you can get a new, paying tenant in.

Can he not just give them a months notice, because they've broken the contract by not paying the rent?

utmbuilder

davo10 wrote: »

Op. Considering how long, and how much you are going to be out of pocket by going RTB/COURT route, you now have to consider all options available to you.

In my opinion, you are likely to be disadvantaged financially no matter which way you go, but for your own sanity, it may be better to draw this to a conclusion by what ever method you deem most advantageous to you so that you can get a new, paying tenant in.

in todays environment that would never work, the op would have mass protests at his own front door,

besides the financial risks, who knows who the tennent's are he could be putting his own safety at risk.


Op needs to bunker down, these tenants know the process now so he needs to through the prtb process.

Maybe they will spilt at the first adjudication, if the landlord catchs a break

76544567

Pity you hadn't 3 month's rent paid in advance at the start. That will become standard practice now. At least then you start eviction proceedings when a tenant is a monthi the late and you have a tiny bit of a cushion for overholding.

It's got to the stage in Ireland now where tenants just assume they might as well overholding because there is everything to gain and no punishment for them. Sure why wouldn't they overholding. A couple of years rent for free and no meaningful downside for them.

Even threshold were shown on TV advising tenants to overholding when their rent went up.

April 73

The eviction process is so lengthy with no ultimate means of forcing the payment of outstanding rent, that more & more messers are going to stop paying rent.

hometruths

76544567 wrote: »

It's got to the stage in Ireland now where tenants just assume they might as well overholding because there is everything to gain and no punishment for them. Sure why wouldn't they overholding. A couple of years rent for free and no meaningful downside for them.

As we get more and more reports of tenants simply stopping paying rent I am wondering if tenants are starting to look at the mortgage arrears situation and simply thinking "Hey if they can get away with not paying for their housing, why should we?"

Whether it is mortgage or rent, if there is no immediate threat of eviction for not paying, an increasing number of people will decide not to pay.

km991148

schmittel wrote: »

As we get more and more reports of tenants simply stopping paying rent I am wondering if tenants are starting to look at the mortgage arrears situation and simply thinking "Hey if they can get away with not paying for their housing, why should we?"

Whether it is mortgage or rent, if there is no immediate threat of eviction for not paying, an increasing number of people will decide not to pay.

Absolutely - its the Irish way! See what you can get away with!

I think this is definitely true here tho - its cause and effect - no evictions for mortgage arrears, fewer places to buy for tenants*, tenants get fed up with increases, and say fu(k it..

* of course there are other supply and deman problems, but no evictions is part of it.

76544567

Seriously though, it's just so attractive be to overholding now to a tenant that it's going to increase big time.

Move into a place with a couple of months deposit. One month even.

Pay the rent for a few months and then stop.
The next two years are free rent.

The ONLY thing stopping most tenants doing this is a sense or fair play and responsibility. For those who don't possess either of those things it's an invitation from the law and the RTB to live rent free at this stage.

punisher5112

I myself wouldn't dream of doing it as I hope to be able to buy one day and the likes of doing above would of course be an issue.

It may make more take on the likes of the hap scheme as you are guaranteed payment less what tenant is to pay to top up but that would definitely be better then no rent whatsoever.

Deposits should be paid into rtb and controlled properly and proper rights for both sides and stop this mess of people getting to stay on for free.

pilly

punisher5112 wrote: »

I myself wouldn't dream of doing it as I hope to be able to buy one day and the likes of doing above would of course be an issue.

It may make more take on the likes of the hap scheme as you are guaranteed payment less what tenant is to pay to top up but that would definitely be better then no rent whatsoever.

Deposits should be paid into rtb and controlled properly and proper rights for both sides and stop this mess of people getting to stay on for free.

Little known fact that if the tenant stops paying their share of the HAP then the payments to the LL can be stopped so it's not guaranteed in any way.

testaccount123

schmittel wrote: »

As we get more and more reports of tenants simply stopping paying rent I am wondering if tenants are starting to look at the mortgage arrears situation and simply thinking "Hey if they can get away with not paying for their housing, why should we?"

Whether it is mortgage or rent, if there is no immediate threat of eviction for not paying, an increasing number of people will decide not to pay.

Is there an actual source for these claims of 'more and more reports of tenants simply stopping paying rent'?

.......

This post has been deleted.

76544567

....... wrote: »

And the fact that they will have a hard time renting again if the landlord takes a prtb case against them for non payment of rent and overholding.

*Most* people arent scumbags.

There are enough scum bags to make it an issue. There are also nice people who see a chance and change their colours. The minority mind you, but plenty.
Did you know you can get your name removed from any publicly accessible display of a prtb case too.

FAILSAFE 00

Call into to them every evening.

Where do they work, threaten to call in there everyday also. You need to be incredibly persistent. They need to know that you'll be relentless.

I'd take the hit and get them out now. You'll save money in the long run. Even if you win a PRTB case you still cannot get them removed. You then have to move onto court to do that. (Thats just me and my experience)

My fathers business rented out houses over 30 years. We would have starved if we followed the letter of the law every time a bad tenant dragged their heels after appropriate notices where ignored and laughed at.

Another bit of advice is to always keep the rent at market value. A tenant will never run to you during a downturn and say you've been a great landlord so we'll keep the rent the same.

From reading the posts here the estate agent has done all they can do. No change of agent would change the outcome.

testaccount123

FAILSAFE 00 wrote: »

Call into to them every evening.

Where do they work, threaten to call in there everyday also. You need to be incredibly persistent. They need to know that you'll be relentless.

Thats illegal.

The law needs to be changed to prevent overholding like this. Dont hold your breath.

FAILSAFE 00

testaccount123 wrote: »

Thats illegal.

The law needs to be changed to prevent overholding like this. Dont hold your breath.

I dont think you'd even have to do it. Simply outlining your intentions to be an absolute pain in the ass for months on end should give these tenants something to think about.

The tenants have already been on Google and know they get to stay where they are for up to a year maybe more without paying a penny so they have settled into a nice cosy position. Its now the OPs job to convey that this will not be a cosy time by walking a fine line.

In fact I'd contact them and mention that you'll be off to the printers to get a massive sign printed saying 'NOT PAYING RENT' and putting it in the garden. If they still don't budge then carry it out. Thats not illegal. That way if you mention all your other unsettling plans you have in-store for them they'll know you mean business.

I agree with the second part but that is not going to happen. Its stacked against the landlords.

__Alex__

FAILSAFE 00 wrote: »

Call into to them every evening.

Where do they work, threaten to call in there everyday also. You need to be incredibly persistent. They need to know that you'll be relentless.

This will only make matters worse as they can then accuse the landlord of harrassment. And they'd actually be right. Which I realise would feel like an injustice but two wrongs etc...

testaccount123

FAILSAFE 00 wrote: »

I dont think you'd even have to do it. Simply outlining your intentions to be an absolute pain in the ass for months on end should give these tenants something to think about.

Harassment is illegal under Irish law.

I agree with the second part but that is not going to happen. Its stacked against the landlords.

Its nothing to do with things being 'stacked against the landlords'. Look at the amount of mortgages in arrears in this country (including BTL mortgages held by the same landlords) at the height of the crisis here, there is no political will to take property off people for whatever reason.

FAILSAFE 00

__Alex__ wrote: »

This will only make matters worse as they can then accuse the landlord of harrassment. And they'd actually be right. Which I realise would feel like an injustice but two wrongs etc...

I'd keep doing it until a warning was issued from the guards. Some how I think once would be enough to convey the message that you are not going to allow them to getaway with it. I think one phone call announcing intentions to be a pain the ass might do wonders.