Tenant Overloading

Clarionclub

Hi . Looking for some advice , please . We bought a house in Oct 2021 with a tenant living there , firstly we bought this house as it was the only thing we could afford and because there was a tenant it turned others bidding on it as we were out bidded on every house we looked at .

The tenant seemed a nice girl with 3 kids and eager to move, receiving Hap payment , we knew from day one that her partner was living there even though he is not supposed to be but ignored , gave her the proper eviction time etc and we never bothered her as took her at her word she would be gone. Unfortunately on the day we were to get the key from her she text to say postponing the move as the emergency accommodation she was provided with was too far , to say we were devastated is an under statement .

I called to the house and pleaded with her. Myself , husband and 2 daughters are living in 1 bedroom since February in a relatives home.

I am wondering if I should I tell her that i will report her as her partner is self employed and they are not badly off and have family in the area also, I am finding it hard to sit back and do nothing .

I know its a rotten thing to do but the way I look at it now is that what she has done to my family is rotten also. has anyone any tips or experience in this , I've lodged my dispute with the RTB and my solicitor said I can't do anything until then but I can't wait months for this , Heartbroken. Very unfair system , to do everything thing right legally and its doesn't matter.



😔



Clarionclub

https://www.boards.ie/discussion/comment/119497230#Comment_119497230

Thanks for your reply , If I thought this was legal , would do this today but everyone saying we would get in trouble with the Garda.We spoke with a Guard about it and he said we can't do anything . We don't even have a key to this property , its so hard to get information for landlords ! I don't want to be a landlord , just want my home for my family

SteM

https://www.boards.ie/discussion/comment/119497230#Comment_119497230

This is awful advice.

HBC08

https://www.boards.ie/discussion/comment/119497230#Comment_119497230

This is terrible advise,ignore this and forget this post.

Yes the system is very unfair.You're talking to your solicitor so he'll advise you of the process.The situation you find yourself in is exactly the reason the house was cheaper than one without a sitting tenant.

You have begun the process now but unfortunately if the tenant decides to overshold and even not pay rent they can be there for up to18 months to 2 years before a sheriff will get involved.There will also be no consequences for them.

It's a horrible, horrible situation and government have facilitated this,unfortunately giving more equal and fair rights to landlords isn't a popular sentiment.This plus the associated tax is the reason small landlords are leaving the market in their droves and this is contributing to the housing crisis.

I wish you luck and all the best.

Atlantic Dawn

https://www.boards.ie/discussion/comment/119497269#Comment_119497269

Wouldn't be good PR for their party, landlords have few votes to chase.

HBC08

https://www.boards.ie/discussion/comment/119497273#Comment_119497273

I'm pretty sure you're not encouraged to advise people to do something illegal on here.

You don't seem very clued in on the realities of the situation so I don't think anyone should be taking your advise in general in this situation.

Do you know the consequences for the OP if they did what you suggest? I'm thinking you dont,its a lot more than a slap on the wrist.

Clarionclub

https://www.boards.ie/discussion/comment/119497267#Comment_119497267

Thank you , I know the house was cheaper for this reason but I had no other choice but to take the chance , hoping I wouldn't be one of the unlucky ones , I was gullible , I know but took the chance anyway , thinking that if We did everything right sure what could go wrong , only now realising , how awful the system is , frightening that this can be done and worse to think someone would live in someone else home and have no shame in it , you would think , there has to be something illegal about it !😳

Dial Hard

It's overholding, and you're in entirely the wrong forum, OP. You'd be better off posting in Accommodation & Property.

Clarionclub

https://www.boards.ie/discussion/comment/119497295#Comment_119497295

Hi , sorry but I can't find how to do it ? Could you advise me . thank you

tvjunki

Admin should move your post. If not when you log in search for Accommodation & Property. In that section then click on the icon to post a new request.

https://www.boards.ie/categories/accommodation-property

You need to follow the rules set out in RTB. The previous owner would have informed you of how long the tenant has lived there and you have to give notice based on that term. Did the owner sell with a sitting tenant or did they give notice and the tenant overhold? Did you continue with the purchase even though the tenant was still there?

Your solicitor should have advised you not to move on with the purchase if the tenant had not left but if you purchased with the tenant in situ then you have to go through the process.

Do you have the number of the RTB registration of the tenancy? The old owners details can be transferred over to you at no cost.

Never trust anyone when it comes to a home or property.

Since 6th July for the tenant to leave as you are now the new landlord you need to give the tenant notice and on the same day send a copy to RTB. You need RTB to accept you as the new landlord.

Duration of tenancy notice period  

Days  

Less than 6 months  90 days 

Not less than 6 months but less than one year  152 days 

Not less than 1 year but less than 7 years  180 days 

Not less than 7 years but less than 8 years  196 days 

Not less than 8 years  224 days 

The rent would continue to be paid the old landlord as the bank details etc would still be on the tenants file. If they are on HAP with GDPR the council will not talk to you. You need to act fast.

Clarionclub

https://www.boards.ie/discussion/comment/119497384#Comment_119497384

Thank you , I bought the house in Oct 2021 with the tenant still there gave her the 196 days notice that she was entitled too , she was given accommodation by the council but refused it as it was too far , I know in theory it was a bad buy on my part but I had to take a chance as it was alll i could afford and this tenant was so nice and promised she would be gone but text me on the morning of the move and informed me she was not going .

HBC08

https://www.boards.ie/discussion/comment/119497296#Comment_119497296

You've gone from 3 years to 4 years to half a decade.It would be 18 months to 2 years and this is the very worst scenario.

If the tenant takes a claim you'd be looking at a big payout and a whole load of stress.

I believe you'd also be left with a criminal conviction but I'm not sure so generally if I don't know about something I won't say it as fact and offer it as advice on boards.