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New Tenant in Arrears

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  • 18-12-2020 3:56pm
    #1
    Registered Users Posts: 16


    Hi all

    I have a house rented and a tenant in four months and missed one months rent. The second month and say they would start to repay the missed rent at month four and has not happened. Just worry they will stop paying rent. What can I do thanks


Comments

  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Buckle in is about it unfortunately. Make sure you do everything to the letter, you're probably better of engaging a solicitor familiar with this area of law. Issue notices ASAP but make sure you give the right amount of notice or more and that stuff is properly delivered. I'm not qualified to offer you specific advice on that. Everybody, the RTB, Threshold and the Courts will want to side with the tenant given any excuse.

    It may be too early but you may want to offer them a cash sum to move out if they've somewhere to go.


  • Registered Users Posts: 5,874 ✭✭✭Edgware


    I'm afraid the general attitude will be " You're a landlord. Suck it up".


  • Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    From the RTB:

    The rights of a landlord are set out in the Residential Tenancies Act (2004, as amended). Under this Act, a landlord has the right to:

    Set the rent of the property, and receive the rent in full from the tenant on the date it is due
    End the tenancy in the first six months without reason if there is no fixed term lease in place. After six months, a landlord can terminate a tenancy for certain reasons.


    Note the bit about a fixed term lease - so the following applies:

    1. Notice of Termination for terminating a tenancy in the first six months (not applicable to a fixed term lease)
    Click here

    2. Notice of Termination for terminating a tenancy before a Further Part 4 tenancy commences
    Click here


    So give your tenant notice because this is only the beginning.... once they acquire part 4 rights then you've no chance as everything is weighted in favour of the tenant.
    A


  • Registered Users Posts: 962 ✭✭✭James 007


    From the RTB:
    So give your tenant notice because this is only the beginning.... once they acquire part 4 rights then you've no chance as everything is weighted in favour of the tenant.
    A

    Give them notice & get them out otherwise 18 months to 2 years living rent free & you cant do SFA about it:o


  • Registered Users Posts: 23,516 ✭✭✭✭ted1


    dc2014 wrote: »
    Hi all

    I have a house rented and a tenant in four months and missed one months rent. The second month and say they would start to repay the missed rent at month four and has not happened. Just worry they will stop paying rent. What can I do thanks

    Evict them now once they get to 6 months it’ll be very difficult.


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  • Registered Users Posts: 16 dc2014


    Thank you for you help. I will looking at RTB and follow there steps. I see why no one wants to be a landlord


  • Registered Users Posts: 24 Dubhurler4


    You can always call the RTB for advice on a no names basis. They’re actually very helpful if you contact them for advice before you take a particular course of action. At least you’ll know for sure what you can and can’t do.


  • Registered Users Posts: 544 ✭✭✭agoodpunt


    First 6 months is a probation late or nonpayment is an indication of whats to come you do not need a reason to terminate issue the 28 day notice immediately.
    good tenants should be rewarded not the bad ones


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