Criminal Conviction

buddyo

A tenant of mine had their name in the local newspaper receiveing a suspended sentence for theft. Is this grounds to evict?

runawaybishop

buddyo wrote: »

A tenant of mine had their name in the local newspaper receiveing a suspended sentence for theft. Is this grounds to evict?

Maybe if it was a neighbour he robbed it could be considered antisocial behaviour but that's about it

aluminium

buddyo wrote: »

A tenant of mine had their name in the local newspaper receiveing a suspended sentence for theft. Is this grounds to evict?

No.
However if your address was published in the papers, the anti-social rules would be grounds for eviction. I was before the old RTB over a "stoner".

dudara

Let’s put the question another way. What part of his tenancy agreement did he breach?

Sleeper12

If he's house sharing I wonder how his housemates feel about it.

Pkiernan

The Tenancies Act defines anti social behaviour (a grounds for eviction) as:

B)Engaging in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise in the dwelling or its vicinity.


Don't know if this would cover a theft conviction, but you could serve notice and see what happens

Ginger83

Has the tenant caused any problems?

Oasis1974

Check the silverware maybe?

Mrs OBumble

Notify his conviction to your insurance company. If they decide to cancel your cover based on it, then take legal advice re how to get him out.

Sleeper12

Mrs OBumble wrote:

Notify his conviction to your insurance company. If they decide to cancel your cover based on it, then take legal advice re how to get him out.

For domestic insurance most specify no prison sentence or won't cover for up to 10 years after the prison sentence. No insurance company that I have heard of refuses cover for a conviction without a sentence.

Landlord insurance isn't as tight on this because it can't be assumed that landlords will know of a conviction. If they could cancel due to a conviction this would include driving convictions too.

Even if your idea worked why run the risk of the insurance being cancelled and then not being able to evict for weeks or months. You now have no insurance & you are trying to evict someone you suspect as being a scumbag. What damage do you suppose could be done to an uninsured building by a scumbag you are trying to evict? You'll even be letting him know that you have no insurance when you try to evict.

Another thread not to long ago had a landlord renting 40 percent below market value to a lovely tenant for 3 years. Tenant stopped paying rent. Landlord started proceedings for eviction. Tenant caused 16,000 worth of damage & fled into the night Scott free.

utmbuilder

like the fella is going to leave , given his record. you will probally end up with him living rent free for 2 to 3 years

aluminium

If you dont know about the conviction how can you inform the Insurance.

In the interim get rid.

I wish you luck

Graces7

aluminium wrote: »

In the interim get rid.

Why? Nothing in the lease and if he pays the rent etc? Since when is a landlord some kind of judge?

GGTrek

This is what a landlord did for a tenant who murdered her husband in the rented house: https://www.southernstar.ie/news/roundup/articles/2018/10/15/4163431-macroom-murder-accused-asks-for-protection-in-prison-and-for-family/
"Mr Horan told the court that his client is ‘deeply distressed’ to find out that the Bandon property she and her children were living in has been boarded up by the landlord without notice, which has made her two children – aged 21 and 20 – homeless.

‘She is pleading to the Housing Department of Cork County Council to take all steps necessary to find emergency accommodation for her children, whose possessions are still in the property,’ said Mr Horan."
I can't say I disagree with the actions of the landlord in such case, if he/she goes the legal route he/she will be screwed badly given the fact that the 7 days termination notice to terminate for serious anti-social behaviour is not worth the paper it is written on. There is a lady that in theory was supposed to be evicted in 7 days due to beating her flatmate with a stick, flatmate is out and the lady is still inside the property and still appealing at the High Court after more than 22 months have passed from the facts and after the RTB twice approved the 7 days termination notice for serious antisocial behaviour. The RTA appeal system is a real joke on landlords!
My suggestion to the OP is to perform an urgent inspection of the property and look for any stolen goods, if the OP finds them, take photos, report the crime to garda and serve 7 days termination notice for serious anti-social behaviour (committing a crime is considered serious anti-social behaviour) and when the 7 days are up, the OP should know what to do. In any case a tenant who has been recently convicted of theft is a very high risk tenant, so termination notice should be served at first possible opportunity.

GGTrek

duplicated

Graces7

GGTrek wrote: »

This is what a landlord did for a tenant who murdered her husband in the rented house: https://www.southernstar.ie/news/roundup/articles/2018/10/15/4163431-macroom-murder-accused-asks-for-protection-in-prison-and-for-family/
"Mr Horan told the court that his client is ‘deeply distressed’ to find out that the Bandon property she and her children were living in has been boarded up by the landlord without notice, which has made her two children – aged 21 and 20 – homeless.

‘She is pleading to the Housing Department of Cork County Council to take all steps necessary to find emergency accommodation for her children, whose possessions are still in the property,’ said Mr Horan."
I can't say I disagree with the actions of the landlord in such case, if he/she goes the legal route he/she will be screwed badly given the fact that the 7 days termination notice to terminate for serious anti-social behaviour is not worth the paper it is written on. There is a lady that in theory was supposed to be evicted in 7 days due to beating her flatmate with a stick, flatmate is out and the lady is still inside the property and still appealing at the High Court after more than 22 months have passed from the facts and after the RTB twice approved the 7 days termination notice for serious antisocial behaviour. The RTA appeal system is a real joke on landlords!
My suggestion to the OP is to perform an urgent inspection of the property and look for any stolen goods, if the OP finds them, take photos, report the crime to garda and serve 7 days termination notice for serious anti-social behaviour (committing a crime is considered serious anti-social behaviour) and when the 7 days are up, the OP should know what to do. In any case a tenant who has been recently convicted of theft is a very high risk tenant, so termination notice should be served at first possible opportunity.

High risk of what? Very little in this post has any bearing on the ops concerns. Murder? Assault? Are you advocating also entering the property without prior notice and permission.?

GGTrek

Graces7 wrote: »

High risk of what? Very little in this post has any bearing on the ops concerns. Murder? Assault? Are you advocating also entering the property without prior notice and permission.?

Unlike your do-gooder post which is of little help to the landlord OP, I suggested a reasonable course of action to the OP who has a proven criminal tenant sitting in his property and might find himself facing a nightmarish situation. With the inspection the OP will evaluate if his/her tenant is committing crimes inside the property (the criminal conviction for theft definitely creates a reasonable suspicion): there is a chance that the OP tenant was storing stolen goods at the rented property. Garda and prosecution would already know almost for sure but will be unlikely to share with the OP. Sometimes a Garda might be willing to share if they have an interest in having criminal behaviour stopped at the property.
If the OP tenant gets a jail sentence and no other occupants stay at the property then it will be much easier to evict if tenant stops to pay rent for more than 28 days and property is abandoned (due to jail time) the RTA deems the tenancy terminated.

seamus

Sleeper12 wrote: »

Landlord insurance isn't as tight on this because it can't be assumed that landlords will know of a conviction. If they could cancel due to a conviction this would include driving convictions too.

Also, seeing as the landlord cannot legally evict a tenant just for racking up a conviction, the insurance company could not cancel or void insurance if the tenant racked up a conviction during the insurance period. It would be an unenforceable clause since it would be inducing/compelling the landlord to break the law.

The short answer is that you can't evict someone for a conviction unless it's breaking a term of the lease. That can be loosely interpreted of course; if the conviction was for theft and the nature of the crime was that he was stealing stuff to sell for drugs, then you could evict him to protect your own property from the same fate.

Graces7

GGTrek wrote: »

Unlike your do-gooder post which is of little help to the landlord OP, I suggested a reasonable course of action to the OP who has a proven criminal tenant sitting in his property and might find himself facing a nightmarish situation. With the inspection the OP will evaluate if his/her tenant is committing crimes inside the property (the criminal conviction for theft definitely creates a reasonable suspicion): there is a chance that the OP tenant was storing stolen goods at the rented property. Garda and prosecution would already know almost for sure but will be unlikely to share with the OP. Sometimes a Garda might be willing to share if they have an interest in having criminal behaviour stopped at the property.
If the OP tenant gets a jail sentence and no other occupants stay at the property then it will be much easier to evict if tenant stops to pay rent for more than 28 days and property is abandoned (due to jail time) the RTA deems the tenancy terminated.

again this is a what if post with no connectio n with the ops post. alarmist
and delusional.

GGTrek

GGTrek wrote: »

Unlike your do-gooder post which is of little help to the landlord OP, I suggested a reasonable course of action to the OP who has a proven criminal tenant sitting in his property and might find himself facing a nightmarish situation. With the inspection the OP will evaluate if his/her tenant is committing crimes inside the property (the criminal conviction for theft definitely creates a reasonable suspicion): there is a chance that the OP tenant was storing stolen goods at the rented property. Garda and prosecution would already know almost for sure but will be unlikely to share with the OP. Sometimes a Garda might be willing to share if they have an interest in having criminal behaviour stopped at the property.
If the OP tenant gets a jail sentence and no other occupants stay at the property then it will be much easier to evict if tenant stops to pay rent for more than 28 days and property is abandoned (due to jail time) the RTA deems the tenancy terminated.

Jaysis!
Talk about alarmist & extreme......
Also, I love the way you know exactly what crimes the tenant committed!