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Tenant not paying rent need advice

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    #32
    Bubbaclaus
    Registered Users Posts: 4,461 ✭✭✭Bubbaclaus


    Cupatae wrote: »
    Why?

    Because it's illegal and will end up with a chunky fine for the landlord.

    By all means go ahead though with that route and see how that pans out.


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    #33
    mrs.doubt.fire
    Registered Users Posts: 103 ✭✭mrs.doubt.fire


    Get legal advice and sort it out that way. You maybe allowed to keep his belongings to sell them to get part payment that is due to you, but I doubt your tenant has anything of value to get any payment back.
    Keep in mind you dont want to annoy the tenant too much or they will trash your house and break things (electrical sockets, light switches, kitchen applicances & cubbards, stairs etc...yes they do!!) not to mention the mess they'll leave behind, so hopefully you have house insurance, you maybe needing it by the time you get them out.

    Once you have them out, change the locks regardless if you get the keys back or not.
    When the house is ready to be let again, for heavens sake hand it over to an estate agent to let it for you and let them handle it from then on, trust me...that's what I do and it's worth it.


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    #34
    Cupatae
    Banned (with Prison Access) Posts: 1,915 ✭✭✭Cupatae


    Bubbaclaus wrote: »
    Because it's illegal and will end up with a chunky fine for the landlord.

    By all means go ahead though with that route and see how that pans out.

    You re trying to go down the legal route, with someone that clearly couldn't careless about whats legal or morally right, people like that would be laughing at someone like you..tying themselves up in knots with solicitors and legality's while they milk another free month and leave then laughing.

    Then you re left with fines that you brought on yourself solicitor fees ect, the damage someone like that will do out of badness ect all the hassle that goes with it.

    There is more than one way to skin a cat!

    But thats just my opinion! do with that what you will!


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    #35
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    mrs.doubt.fire wrote: »
    Get legal advice and sort it out that way. You maybe allowed to keep his belongings to sell them to get part payment that is due to you, but I doubt your tenant has anything of value to get any payment back.
    Meanwhile back in the real world...


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    #36
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    MOD: Next illegal advice gets a holiday from the forum.


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    #37
    Cupatae
    Banned (with Prison Access) Posts: 1,915 ✭✭✭Cupatae


    TheChizler wrote: »
    Meanwhile back in the real world...

    Yeah cause in the real world everyone is a super law abiding citizen that follow all rules


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    #38
    Cupatae
    Banned (with Prison Access) Posts: 1,915 ✭✭✭Cupatae


    Go to your solicitor and report yourself to the relevant authorities for doing things wrong pay all the fines. Then ask for lawful help and wait. OP

    /Thread


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    #39
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    The_Conductor wrote: »
    As for registering the property with the RTB- just do it- pay the late fine- and normalise your situation.

    Exactly. It is no big deal. We have had guys register tenancies years after the fact. Revenue are fine with that too.


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    #40
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Cupatae, don't post in this thread again.


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    #41
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    As with a previous poster, I'm sympathetic to landlords when they find themselves in a situation with an errant tenant, but op you have the tenant a rod to beat you with.

    Register the tenancy as soon as possible, issue notice of termination due to rent arrears and open a case with the RTB. Have a word with the other tenants and see if they will talk to the tenant. This could be an expensive, drawn out process for you so you need to get the ball rolling. Personally I would consider all options.


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    #42
    liam650
    Registered Users Posts: 186 ✭✭liam650


    Tbh you do not have a leg to stand on not registered with the prtb the tenant doesnt have to pay you a penny as you have no legal grounds and you probably will be backtaxed for all the years you have let the house out most likely


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    #43
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    liam650 wrote: »
    Tbh you do not have a leg to stand on not registered with the prtb the tenant doesnt have to pay you a penny as you have no legal grounds and you probably will be backtaxed for all the years you have let the house out most likely

    Liam, the landlords registration with the RTB nor his/her standing wth Revenue does not effect tenants obligations in relation to rental payment. You must educate yourself.


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    #44
    liam650
    Registered Users Posts: 186 ✭✭liam650


    davo10 wrote: »
    Liam, the landlords registration with the RTB nor his/her standing wth Revenue does not effect tenants obligations in relation to rental payment. You must educate yourself.

    ok but who can enforce the payment of rent since the landlord isnt registered?


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    #45
    ella23
    Registered Users Posts: 97 ✭✭ella23


    Oh Please Liam, stop arguing with yourself! It's obvious that the OP is you trying to create drama! Just go through this trolls previous posts and you'll see what i'm talking about! Previous post below about him not paying rent after signing an 11 month lease, landlord insists on the gas bill being put in someone else's name etc... You're as transparent as clingfilm Liam!

    https://www.boards.ie/vbulletin/showthread.php?p=104518014

    https://www.boards.ie/vbulletin/showthread.php?t=2057788407&page=2


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    #46
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    liam650 wrote: »
    ok but who can enforce the payment of rent since the landlord isnt registered?

    The landlord can register the tenancy, pay a small late registration charge, and then take a case to RTB. In the meantime, the process of eviction can be started by notice being served to the tenant, the LL still has the legal right to evict due to non payment of rent irrespective of whether the tenancy is registered or his/her standing with Revenue.


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    #47
    mrslancaster
    Registered Users Posts: 1,814 ✭✭✭mrslancaster


    davo10 wrote: »
    ... issue notice of termination due to rent arrears...



    Any information appreciated about this from all the more knowledgeable folk on this forum.

    On this new RTB website it has a procedure for rent arrears and a sample 14 Day Warning Notice for failure to pay rent.

    https://onestopshop.rtb.ie/during-a-tenancy/rent-arrears/process-for-serving-a-notice-of-termination-for-rent-arrears/

    Just wondering does the 14 days go from the day the rent was due or 14 days from when the landlord writes the warning notice or 14 days from when the tenant receives the notice?

    Does anyone know where does it says in the RTA to issue a 14 day notice for rent arrears before issuing a 28 day notice?


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    #48
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    mrslancaster wrote: »
    Any information appreciated about this from all the more knowledgeable folk on this forum.

    On this new RTB website it has a procedure for rent arrears and a sample 14 Day Warning Notice for failure to pay rent.

    https://onestopshop.rtb.ie/during-a-tenancy/rent-arrears/process-for-serving-a-notice-of-termination-for-rent-arrears/

    Just wondering does the 14 days go from the day the rent was due or 14 days from when the landlord writes the warning notice or 14 days from when the tenant receives the notice?

    Does anyone know where does it says in the RTA to issue a 14 day notice for rent arrears before issuing a 28 day notice?

    14 days from the date the landlord serves the notice to the tenant (irrespective of the date from which there are rent arrears due).

    If the tenant clears all arrears in the 14 day period- they are then no-longer in arrears, and if the landlord is insistent on terminating the tenancy- they will have to find another, legitimate, reason.


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