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House Items going missing

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  • 05-03-2020 6:26pm
    #1
    Registered Users Posts: 529 ✭✭✭


    Hi. Looking for advice please. Im a homeowner with two rooms rented. One to a fella and the other to a woman. Both working, paying their rent and bills on time. No problems with either (ok, the woman leaves her clothes, bed linen all over the place but thats a minor thing in my eyes).
    Last month i noticed my flower vase went missing, a nice cut crystal worth at least 70e. I let this go as i thaught one of them might have dropped it and broke it and i was hoping they'd come to me. Last night i noticed something else was missing. A framed concert poster i got 12 years ago which was hanging in the hallway. I bought the poster seperately and then got it framed. All worth 150e in total.
    My gut instinct is to ask both if they know anything about these items going missing and in the absense of a straight answer give them both notice to quit. Of course im aware ill be upsetting one of them but whats my options? Can i withold all their deposit (all or in part) seeing as there will be an ESB bill to be paid plus the cost of the items (deposit 350).
    I dont have contracts/tenancy agreements written up. Its a very loose and ad hoc set up.
    Thanks.


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Comments

  • Registered Users Posts: 3,133 ✭✭✭akelly02


    Just ask them, politely, where the items are, that you noticed they are missing.

    play it from there

    simple really


  • Registered Users Posts: 14,657 ✭✭✭✭callaway92


    fran38 wrote: »
    My gut instinct is to ask both if they know anything about these items going missing and in the absense of a straight answer give them both notice to quit. Of course im aware ill be upsetting one of them but whats my options? Can i withold all their deposit (all or in part) seeing as there will be an ESB bill to be paid plus the cost of the items (deposit 350).
    I dont have contracts/tenancy agreements written up. Its a very loose and ad hoc set up.
    Thanks.

    You cannot withold their deposits based on assumption. Can't believe you've even asked that.


  • Registered Users Posts: 4,471 ✭✭✭KevRossi


    You can withold the part of the deposit for bills or damage, but not for theft as you've no proof that they stole it.

    For the bills, just take a meter reading the day they move out and calculate what is owed from the reading on the last bill. Hand them back what they are owed and leave it at that.


  • Registered Users Posts: 24 ryansmith171


    yes you can


  • Registered Users Posts: 529 ✭✭✭fran38


    callaway92 wrote: »
    You cannot withold their deposits based on assumption. Can't believe you've even asked that.

    Cant i assume one of them took those items? Because they are missing. Facts are facts no?


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  • Posts: 24,714 [Deleted User]


    callaway92 wrote: »
    You cannot withold their deposits based on assumption. Can't believe you've even asked that.

    Well the items didn’t walk out the door themselves so there is no assumption and if neither come clean they will just have to pay up equally.


  • Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    I'd recommend anything of high value or likes of the frame if you have more get them and put them away.

    I'd say to both, be strong but not aggressive.

    The vase may well have broke but we don't know that.

    Just say, what's the story my frame is gone etc.


  • Registered Users Posts: 9,760 ✭✭✭Effects


    I'd recommend anything of high value or likes of the frame if you have more get them and put them away.

    You can't just pack up everything in your house like that.


  • Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    Effects wrote: »
    You can't just pack up everything in your house like that.

    Did I say everything but more expensive stuff I would if things are until it's sorted.


  • Registered Users Posts: 3,100 ✭✭✭Browney7


    fran38 wrote: »
    Cant i assume one of them took those items? Because they are missing. Facts are facts no?

    Who's to say you didn't sell them or remove them from the house yourself and are now trying to pin them both for something they didn't do?

    You've to have proof as opposed to your let's see them deny it or make them prove they didn't do it approach


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  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    I would order them both into the kitchen and explain the situation. Items are missing and that it is obviously some one of the two of them behind it.
    Tell them you're not interested in who done it and you just want the items returned or the value of them left on the table within 24hrs or else both of them are out on their arse but not before the Gardai are involved. (licensees not tenants, so they have next to no rights at all thankfully).

    Then the innocent person might pressure the guilty into returning or paying the value of the items.
    Then you might be able to deduce from the innocent person that it was not they who returned/payed and then you have the guilty person. And then you can go about ejecting them from the property.

    Another thing might be to thoroughly inspect the rooms inside out without any notice. It is your house and you are owner occupier, you are perfectly entitled to do this and go in as you please. One of these situations where not having a written contract saying anything about privacy and inpsections would be a benefit.


  • Registered Users Posts: 18,988 ✭✭✭✭Del2005


    Well the items didn’t walk out the door themselves so there is no assumption and if neither come clean they will just have to pay up equally.

    Then the innocent party is being punished for something they know nothing about. Kick them both out, return their deposits less bills and don't leave stuff you value in common areas.


  • Registered Users Posts: 4,471 ✭✭✭KevRossi


    Well the items didn’t walk out the door themselves so there is no assumption and if neither come clean they will just have to pay up equally.

    That's nonsense, and it's stupid. You wouldn't have a leg to stand on in court.

    It's the kind of rubbish a supervisor in a kindergarden would come up with.


  • Registered Users Posts: 9,760 ✭✭✭Effects


    Did I say everything but more expensive stuff I would if things are until it's sorted.

    A poster in a frame isn't that expensive an item, so yeah, you'd have to lock everything away it seems.


  • Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    Effects wrote: »
    A poster in a frame isn't that expensive an item, so yeah, you'd have to lock everything away it seems.

    Ok didn't realise €150 isn't worth much


  • Posts: 24,714 [Deleted User]


    Another option is a “honey pot”. Leave something out and set up a camera, it it’s taken you have all the proof you need. This would be my preferred move actually.
    Del2005 wrote: »
    Then the innocent party is being punished for something they know nothing about. Kick them both out, return their deposits less bills and don't leave stuff you value in common areas.

    Absolutely unacceptable. I would not be out of pocket simple as that. The likely outcome is that the innocent person would force the other person to own up so the threat of equal split would likely be enough.
    KevRossi wrote: »
    That's nonsense, and it's stupid. You wouldn't have a leg to stand on in court.

    It's the kind of rubbish a supervisor in a kindergarden would come up with.

    Ha ha court, good luck with that. Licensees with no rights remember.


  • Registered Users Posts: 5,463 ✭✭✭This is it


    Nox seems the type where it's "I'll do what I want and fûck the consequences". That's fine once the OP understands that by following that idiotic advice, there will be consequences.


  • Registered Users Posts: 25,940 ✭✭✭✭Mrs OBumble


    Did you have previous renters? Were the locks changed when they moved out?


  • Registered Users Posts: 416 ✭✭Calypso Realm


    OP Incidents like this are best nipped in the bud, so ideally you should have tackled this earlier with both present with something (casual) like 'Has anyone seen that vase?' Even if someone had accidentally broken it and not mentioned it, doesn't look good, though of course it's possible they may have 'forgotten' about it. At any rate you need to investigate what happened in both cases. Two items going missing is no coincidence, though!

    The last thing you want is a thief living with you so I would get to the bottom of this asap, suss out the culprit and evict as otherwise you'll most probably find the thefts will escalate, other items will go missing. At the very least, knock this on the head.....now! Let us know how it goes.


  • Registered Users Posts: 4,471 ✭✭✭KevRossi




    Ha ha court, good luck with that. Licensees with no rights remember.

    You really haven't a clue do you? You may be a licensee but you still have rights. Included in that is the return of cash paid as a deposit so long as there are no outstanding debts.

    So yeah, I'd be on to a solicitor if a landlord withheld my deposit because someone else stole/broke some property. It's not the 1870's.


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  • Registered Users Posts: 1,644 ✭✭✭wench


    Ha ha court, good luck with that. Licensees with no rights remember.
    The small claims court deals with deposits from licensees, so yes, they do have rights.


  • Registered Users Posts: 1,618 ✭✭✭El Tarangu


    Another option is a “honey pot”. Leave something out and set up a camera, it it’s taken you have all the proof you need. This would be my preferred move actually.

    This is genuinely daft; OP, don't do this.
    I would order them both into the kitchen and explain the situation. Items are missing and that it is obviously some one of the two of them behind it.
    Tell them you're not interested in who done it and you just want the items returned or the value of them left on the table within 24hrs or else both of them are out on their arse but not before the Gardai are involved. (licensees not tenants, so they have next to no rights at all thankfully).

    Then the innocent person might pressure the guilty into returning or paying the value of the items.
    Then you might be able to deduce from the innocent person that it was not they who returned/payed and then you have the guilty person. And then you can go about ejecting them from the property.

    This sounds like your best bet; unless the thief has the best poker face in the world, you should be able to figure out who the guilty party is from the one who is utterly perplexed to the the one that is studiously nonchalant.


  • Posts: 24,714 [Deleted User]


    El Tarangu wrote: »
    This is genuinely daft; OP, don't do this.

    .

    Trying to find out who is stealing your properly is daft? Are you for real??


  • Registered Users Posts: 1,011 ✭✭✭fatbhoy


    Has any of their friends been in the house?


  • Registered Users Posts: 4,738 ✭✭✭Xterminator


    Hi Op

    you would do well to stay within the law here.

    you would be perfectly with your rights to chat with both of your room renters and tell them you plan to call the guards unless the items turn up or you are going to terminate the licensee arrangement.

    in all honesty you know one of them is a thief. if you think you know who it is, just terminate their rental with a weeks notice. if your not sure terminate both, and seek new licensees

    But you cannot take 'self help'. you cannot keep deposit. You cannot accuse anyone in ireland of stealing without proof. You open yourself to censure and legal action if you act outside of the law.


  • Registered Users Posts: 596 ✭✭✭TheBlock


    Ask them both could they make themselves available for a meeting with the Gardai who will be dropping in later in the week regarding some thefts from the house. Might solicit an admission.


  • Registered Users Posts: 9,760 ✭✭✭Effects


    Ok didn't realise €150 isn't worth much

    It's not worth €150.


  • Registered Users Posts: 4,503 ✭✭✭beggars_bush


    I'd consider something that cost €150 valuable

    ask them separately

    If neither of them own up, give them both notice and get new renters in and learn your lesson


  • Posts: 0 [Deleted User]


    fran38 wrote: »
    All worth 150e in total.
    Effects wrote: »
    It's not worth €150.

    ??????


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  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Effects wrote: »
    It's not worth €150.

    It could be worth more than it cost. Framed up signed poster is worth more then the framing costs and the cost of the poster. There is also emotional value.


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