Issues with my tenants

pilly

Skyrimaddict wrote: »

Yeah in generał the realationship has deteriorated since then. Doesnt help that the EA ignored calls and emails about two big repair jobs either

Ah you see, this is where you're screwed too. They can always claim that they had to pay for the repair jobs themselves.

Tbh, I'd say you'll be doing well to get out of this with anything but your dignity intact.

Yourself and the EA have made a complete mess of things.

Turtle_

Sorry if I'm behind the curve here, have you considered going to talk to your tenants and apologising for the way things happened?

Skyrimaddict

Turtle_ wrote: »

Sorry if I'm behind the curve here, have you considered going to talk to your tenants and apologising for the way things happened?

I have. No answer from them at all.

A question,does he have to notify me that he plans to stay after 28 notice period. Can i just turn up to the house and walk in ?

pilly

Skyrimaddict wrote:

A question,does he have to notify me that he plans to stay after 28 notice period. Can i just turn up to the house and walk in ?

No you can't.

Skyrimaddict

pilly wrote: »

No you can't.

Hi,
So even if i have told him i plan to move back prior to sale and he has not responded i cannot just move back in.
I know he is still in the house, only met the next door neighbour today and he said everyything seems normal, the guy and his partner talking about a move in a few weeks.

Other than RTB, which even seems a long shot are my hands tied?
Is there much success with getting money back from overheld tenants

Marcusm

The_Conductor wrote: »

If the tenant had bought a property elsewhere- the landlord is in quite strong a position- as if their lender were to hear that someone else was trying to register a lien on their new property in satisfaction of unpaid rent/damage etc etc- there would be hell to pay. I'm not saying that you should ever mention this to the tenant- however, the knowledge that they have bought elsewhere- does give you a new hand of cards to play with- while the tenant imagines they hold all the trumps- they're playing with a stale hand of cards............

Lodge the RTB case asap- they have lots to loose (unfotunately you do too- however, its a more even hand of cards than the tenant seems to think it is.......)

The first charge security holder (ie the mortgage bank) will not give a damn about a charge registered in this manner provided the mortgage continues to be serviced for the simple reason that it doesn't affect its security and would not be an event of default permitting it to accelerate enforcement of its charge.

It's a pity that there is no effective remedy available to OP which is why I've suggested ensuring that he recovers possession of a clean property.

Marcusm

Skyrimaddict wrote: »

Hi,
So even if i have told him i plan to move back prior to sale and he has not responded i cannot just move back in.
I know he is still in the house, only met the next door neighbour today and he said everyything seems normal, the guy and his partner talking about a move in a few weeks.

Other than RTB, which even seems a long shot are my hands tied?
Is there much success with getting money back from overheld tenants

Even the RTB cannot physically calmly move them out. That's why I suggested trying to focus on getting clean possession vis a vis the tenant.

Skyrimaddict

Marcusm wrote: »

Even the RTB cannot physically calmly move them out. That's why I suggested trying to focus on getting clean possession vis a vis the tenant.

So really at this stage if I read correctly, the best outcome I can look forward to is that he gives the house back clean and moves out soon?

I suppose, at least the market has shifted up a bit more so my own house is now worth about 10K more than this time last year. Glass half full and all that.

The_Conductor

Skyrimaddict wrote: »

So really at this stage if I read correctly, the best outcome I can look forward to is that he gives the house back clean and moves out soon?

I suppose, at least the market has shifted up a bit more so my own house is now worth about 10K more than this time last year. Glass half full and all that.

While you're at it- go and find yourself a new estate agent- the one you're using at the moment has only one person's interests at heart- and its not the tenant's or your's........

SteM

Skyrimaddict wrote: »

Hi,
So even if i have told him i plan to move back prior to sale and he has not responded i cannot just move back in.
I know he is still in the house, only met the next door neighbour today and he said everyything seems normal, the guy and his partner talking about a move in a few weeks.

If sounds like you're getting off lightly here to be honest. At least you know that the end is near and they will be moving out soon. I hope you didn't tell the neighbours that he's not paying his rent? It's not going to help if the tenants are annoyed with you already.

Skyrimaddict

The_Conductor wrote: »

While you're at it- go and find yourself a new estate agent- the one you're using at the moment has only one person's interests at heart- and its not the tenant's or your's........

Thanks, Yes the EA and i have parted ways on the rental. And also the sale !

OldMrBrennan83

This post has been deleted.

The_Conductor

Patww79 wrote: »

This post has been deleted.

I know that- you know that- and I'm sure the OP does too- however, he wants his property back undamaged and in as good a state as possible.

The tenant should not be let off the hook- and the fact that the sale fell through is not some magic 'I don't have to pay rent' card for the tenant- they owe this money- and should be issued with the requesite notices of arrears and chased for it. I'd argue that it may be easier to chase them- once they are out of the property- as the OP has less to loose (i.e. they're not going to damage the property in spite).

Skyrimaddict

The_Conductor wrote: »

I know that- you know that- and I'm sure the OP does too- however, he wants his property back undamaged and in as good a state as possible.

The tenant should not be let off the hook- and the fact that the sale fell through is not some magic 'I don't have to pay rent' card for the tenant- they owe this money- and should be issued with the requesite notices of arrears and chased for it. I'd argue that it may be easier to chase them- once they are out of the property- as the OP has less to loose (i.e. they're not going to damage the property in spite).

Yes at this stage getting the house back is a priority. I wasnt going to offer free rent as they getting this already.
In regards to chasing up afterwards, what are the succes rates for this.

mugsymugsy

I just don't get how people thinks it ok to basically rob someone each month. Legislation needs to come in that after three months of non payment/ going through proper procedure that they can be turfed out.

Ridiculous that the landlord is getting screwed over.

OP I hope it all works out for you

The_Conductor

mugsymugsy wrote: »

I just don't get how people thinks it ok to basically rob someone each month. Legislation needs to come in that after three months of non payment/ going through proper procedure that they can be turfed out.

Ridiculous that the landlord is getting screwed over.

OP I hope it all works out for you

The regulatory regime is structured to protect the tenant at all costs- and to assume the landlord is in the wrong. It doesn't matter than the world and its dog can see that the landlord is getting a raw deal- the RTB is a tenant's agency- with a bark for tenants, but a bite for landlords. The tenant has nothing to loose- the landlord does.

Skyrimaddict

mugsymugsy wrote: »

I just don't get how people thinks it ok to basically rob someone each month. Legislation needs to come in that after three months of non payment/ going through proper procedure that they can be turfed out.

Ridiculous that the landlord is getting screwed over.

OP I hope it all works out for you

I Suppose the answer i would get back is that had i not entered the sale, or had all my documents in order prior to deciding to sell the deal would have been done. There was an oppetunity cost for the tenant as he lost this house sale and another that he pulled out of to buy my house.
That was the answer i got anyway

The_Conductor

Skyrimaddict wrote: »

I Suppose the answer i would get back is that had i not entered the sale, or had all my documents in order prior to deciding to sell the deal would have been done. There was an oppetunity cost for the tenant as he lost this house sale and another that he pulled out of to buy my house.
That was the answer i got anyway

You are not responsible for an opportunity cost the tenant incurred- my nextdoor neighbour isn't responsible for an opportunity cost I incurred by living next door to them.

You are letting them a property- well you were- until they decided paying rent was optional- but there is nothing to say they wouldn't have stopped paying rent for a few months- had they decided at the outset to buy somewhere else.

The villian in all of this- would appear to be estate agent- and yet, he/she is getting off scott free..........

Skyrimaddict

The_Conductor wrote: »

You are not responsible for an opportunity cost the tenant incurred- my nextdoor neighbour isn't responsible for an opportunity cost I incurred by living next door to them.

You are letting them a property- well you were- until they decided paying rent was optional- but there is nothing to say they wouldn't have stopped paying rent for a few months- had they decided at the outset to buy somewhere else.

The villian in all of this- would appear to be estate agent- and yet, he/she is getting off scott free..........

Once the issue is sorted i will be reporting him, i saw emails on his computer while i was at the office which had been unanswered, yet when the sale was cancelled he got back in touch then

And no, while your not responsible to your neighbour there is a direct link between me selling, or failing to do and them pulling out of other sales. It is on email, which i feel poorly about

Skyrimaddict

Hi,
Follow up to my posting earlier, I took the very good advice of people here and I went to speak with the tenant in the house.

Very long story short, in his words, due to us not proceeding with sale the new house he is buying went up in asking by 10.5K in the six months of non action in this sale. He also pulled out of an identical house as my one next door, which subsequently sold for 25K less than he would have paid me.

On top of this, he had another 2K in fees levied with him.

While I said I appreciate all this, rent not being paid is still a separate issue. He advised that he is due to get keys in the middle of next week for his new house, he allowed me to have a quick look inside my own house and it it is indeed packed and ready to go. Looks very clean as I had suspected. He said he will hopefully be gone by Mid June at latest and I can do a final inspection at this stage, but if I wish for rent I will have to persue him. Also showed me the fences that he fixed and new washing machine AND Dishwasher he bought.

While I am still a little sore over the rent, does anyone think it is something to follow up on, or could the fact he has all the above figures outlined go against me?

Thank you.

The_Conductor

Skyrimaddict wrote: »

Hi,
Follow up to my posting earlier, I took the very good advice of people here and I went to speak with the tenant in the house.

Very long story short, in his words, due to us not proceeding with sale the new house he is buying went up in asking by 10.5K in the six months of non action in this sale. He also pulled out of an identical house as my one next door, which subsequently sold for 25K less than he would have paid me.

On top of this, he had another 2K in fees levied with him.

While I said I appreciate all this, rent not being paid is still a separate issue. He advised that he is due to get keys in the middle of next week for his new house, he allowed me to have a quick look inside my own house and it it is indeed packed and ready to go. Looks very clean as I had suspected. He said he will hopefully be gone by Mid June at latest and I can do a final inspection at this stage, but if I wish for rent I will have to persue him. Also showed me the fences that he fixed and new washing machine AND Dishwasher he bought.

While I am still a little sore over the rent, does anyone think it is something to follow up on, or could the fact he has all the above figures outlined go against me?

Thank you.

Is he leaving the new washing machine and dish washer?
Any chance you could get the receipts for them from him- obviously you'd be able to depreciate them on a flatline basis over the next 8 years- if you have the receipts.....

That estate agent really screwed things over for you.

With respect of the missing rent- if he is going next week- as does seem to be the case- I'd suggest not doing anything until you have vacant possession of the property, one way or the other. After that- its up to you.........

Skyrimaddict

The_Conductor wrote: »

Is he leaving the new washing machine and dish washer?
Any chance you could get the receipts for them from him- obviously you'd be able to depreciate them on a flatline basis over the next 8 years- if you have the receipts.....

That estate agent really screwed things over for you.

With respect of the missing rent- if he is going next week- as does seem to be the case- I'd suggest not doing anything until you have vacant possession of the property, one way or the other. After that- its up to you.........

Hi,

Yes he has said that he will be leaving the new machinery here as they do not go with the new property he has bought. I imagine they must be worth 500-600 at least and are only 3 months old. Plus I have a deposit to keep so in general I think I might only be out one thousand if that.

He will be fully moved out by mid June. While he will get keys next week he said there are some things he needs to get sorted before he moves in.

In general I think the fact that he feels so bad about not buying the house and having to move, as I said prior to this he was a model tenant. Rent there every month on the day, never got a call unless it was a very serious problem. Also, his buyng the house meant I would have saved myself some advertising fees etc.

jsd1004

Skyrimaddict wrote: »

Hi,

I asked my solicitor about the above comments. He has said that generally to get a judgement is a long court procedure, and only if they are delinquent in repayment or anything like that could it be used against the new house purchase.
Saying that, he has said I could also be somewhat accountable for this as "in part you or your agent seems to have delayed actions, either intentionally or accidentally which should have been disclosed prior to negotiation"

Not sure if it is worth it to be honest if that is the case. Also, it was said that the EA might also be caught with a conflict of interest as both the the LL EA and the selling EA, something about not having his client (tenants) interest at hand.

Why would you even involve an estate agent? Your solicitor should have handled the legals once you agreed a price with your tenant?

Graham

House sales fall through for a variety of reasons all the time. It rarely ends up with prospective purchasers costs being covered.

While you may feel you have a moral obligation to offset some of the rent, that would be entirely up-to you. The tenant certainly has no right to self-award himself 'damages' to cover anything.

Skyrimaddict

jsd1004 wrote: »

Why would you even involve an estate agent? Your solicitor should have handled the legals once you agreed a price with your tenant?

Hi,

It wasnt legals at this stage I suppose, it was the tenant having to chase his solicitor, who in turn had to chase mine. all took time, and in many cases it would be easier to deal with the EA.
Plus, the EA was still in control of the rental, so I would imagine as the go-between?

Skyrimaddict

Graham wrote: »

House sales fall through for a variety of reasons all the time. It rarely ends up with prospective purchasers costs being covered.

While you may feel you have a moral obligation to offset some of the rent, that would be entirely up-to you. The tenant certainly has no right to self-award himself 'damages' to cover anything.

Hi,
No I dont really feel obliged to pay his rent for him, at the end of the day it is a business.
What I am (hoping) is that by him leaving reasonably quick and cleanly, along with a deposit and new washing machine and dishwasher, plus I would imagine a couple of hundred spent on fence repairs, that I wont be in the hole too much.

What I was thinking would be if I DID persue him would it go against me, or would I be chasing my own tail for week/months to get a nominal return?

Graham

Skyrimaddict wrote: »

What I was thinking would be if I DID persue him would it go against me, or would I be chasing my own tail for week/months to get a nominal return?

I can't see anything in your posts that would suggest it would go against you.

The fact the tenant is buying rather than moving to another rental should help your chances of recovery too. If for no other reason than being able to locate him.

Browney7

So rough sums you reckon you are down a grand in rent lost? Decent chunk of cash - nice holiday etc. Also, by right you could make him see out his substantial notice but you may need to show effort to mitigate losses but you won't be starting a new rental seeing as you want to sell?

You need to look back and see if there is anything he can dig up where you were negligent (ignoring requests etc) and potentially use against you.

RTB might find in your favour (although everyone here gives the impression it never finds in a landlords favour) but if he doesn't pay up wouldn't you need to pay more legal fees and court costs to enforce it?

Skyrimaddict

Browney7 wrote: »

So rough sums you reckon you are down a grand in rent lost? Decent chunk of cash - nice holiday etc. Also, by right you could make him see out his substantial notice but you may need to show effort to mitigate losses but you won't be starting a new rental seeing as you want to sell?

You need to look back and see if there is anything he can dig up where you were negligent (ignoring requests etc) and potentially use against you.

RTB might find in your favour (although everyone here gives the impression it never finds in a landlords favour) but if he doesn't pay up wouldn't you need to pay more legal fees and court costs to enforce it?

Hi
Since i issued notice he is overholding so i dont think i can.

Yes i think from posts here i might not be as well off to chase up. Just put down as a loss

4ensic15

Skyrimaddict wrote: »

Hi
Since i issued notice he is overholding so i dont think i can.

Yes i think from posts here i might not be as well off to chase up. Just put down as a loss

You did nothing wrong so why should you let the tieif away with it. It only costs €25 to go to the RTB. If he is a householder he will be easily traced and made pay.