New Tenants Not Paying Rent

Garyr1

Hi,

We recently acuired new tenants (via letting agent) for our 1 Bed Apartment, after paying the months rent in advance and the deposit, we have not received the second months payment. A standing order was setup but i presume this means nothing if there is no money in the account to cover it or the tenant just cancels it. I have been unable to contact the tenant either over the last 4 days and have left messages. I have registered with the PRTB. Can i just ask the tenant to leave if payment is not forthcoming based on the 6 month clause in the lease? (i.e. tenant or landlord can terminate the agreement within the first 6 months without penalty.) Can their eviction be inforced based on this clause without having to go to the PRTB or to court? Tenants are polish nationals, has any one else had bad experiences with foreign nationals? We are new to all this.
Thanks

robd

You can serve notice for non payment of rent. The clause allows you to terminate the lease but you still have to give notice, typically 1 month. Non payment this early on is a bad sign so you should probably do this straight away.

You can only enforce an eviction through the courts or prtb with the aid of the sheriff. Not something you really want to try and do as it will take 6-12 months. Changing locks and that or physically evicting them yourself is illegal. Having said that you could simply ask/demand that they leave and see what happens.

First thing to do is to knock on the door and seek the rent, rather than phoning. Are they definitely still there? You need to establish that.

lorweld

Yeah check to see it they are still there. I know of two landlords who had Polish tenants move out without telling them.

DublinDilbert

do you know they didn't deliberately pay their rent? or has the bank messed up the standing order?? from what i gather this is their first months rent, so the bank could easily of messed up on the standing order...

BigglesMcGee

You do know that there can be a weeks difference between when the payment from a Standing order is supposed to land in your account and when it actually does?

Exactly how late are they

Garyr1

I have a request lodged with the bank, waiting to hear back. I have a bad feeling about this, mainly because i cannot contact by phone (4 days now)and now the mobile does not even go to message minder, i think a visit is in order.

Supercell

Very bad sign that the second months payment has not happened, alarm bells should be ringing here.
I'd give it until next Monday close of business to allow for all possible banking delays (should only be a couple of working days max).
After that I'd ask them to leave, this is surely a sign of things to come, just imagine how hard it will be to get them out after the six months are up and they are well ensconsed?

dh0661

robd wrote: »

Having said that you could simply ask/demand that they leave and see what happens.
First thing to do is to knock on the door and seek the rent, rather than phoning. .

We had a problem like this with Irish tenants. First thing my hubby did was to knock on the door and demand rent (which he got), then he gave them a weeks notice to leave, which they duly did, but not without leaving the place in a bit of a state, so they forfeited their deposit, we also kept their month in advance. We were still down about E350 after everything was replaced, repaired and redecorated.
We now have two lovely Polish couples living there (5 months). The space is a bit tight for four people, but they are happy, and we have no problems with them.

mikemac

dh0661 wrote: »

We had a problem like this with Irish tenants. First thing my hubby did was to knock on the door and demand rent (which he got), then he gave them a weeks notice to leave, which they duly did, but not without leaving the place in a bit of a state, so they forfeited their deposit, we also kept their month in advance. We were still down about E350 after everything was replaced, repaired and redecorated.
We now have two lovely Polish couples living there (5 months). The space is a bit tight for four people, but they are happy, and we have no problems with them.

Your husband gave a weeks notice when they are entitled to 28 days?
And you kept the deposit and the months rent? I know your tenants paid late, but don't you think you went a bit far?
Leaving aside the place was a bad state, why do you think it's ok to take two months rent in advance and give a weeks notice? Not every tenant would stand for that

dh0661

micmclo wrote: »

Your husband gave a weeks notice when they are entitled to 28 days?
And you kept the deposit and the months rent? I know your tenants paid late, but don't you think you went a bit far?
Leaving aside the place was a bad state, why do you think it's ok to take two months rent in advance and give a weeks notice? Not every tenant would stand for that

(1) In our book, tenants are only entitled if they play fair. If they were fair minded people they would not have not got notice at all. I'm sick of hearing the tenant is entitled to this, the tenant is entitled to that. I think that we as landlords are entitled a bit of fair play.

(2) I feel that we were perfectly within our rights to keep the deposit and the one months rent in advance, to cover damages, as I said, we were still down E350.

mikemac

Ok, I understand you only kept one month rent in advance. I simply typed two months as when you add the deposit, then it's realy two months.

No way, would I tolerate getting one weeks notice after paying up for the month in advance. So as you say they were out of line but so were you imo.
Supposing the place was in perfect condition. They leave the house and have to trust you to forward the rent for when they weren't there and the deposit. Not many would trust a landlord that much. You could easily have pocketed it

Anyway this is getting offtopic, sorry OP.

dh0661

micmclo wrote: »

Supposing the place was in perfect condition. They leave the house and have to trust you to forward the rent for when they weren't there and the deposit. Not many would trust a landlord that much. You could easily have pocketed it.

Fairness is all a landlord, including the O.P., wants. If a tenant pays rent on time, and keeps the property in good order - then there will never be a problem.
Trust is a two way thing, between two people from whatever walk of life. In this situation, if the tenant comes to us with a problem like the boiler broke down, the washing machine has gone on the blink or a few tiles are after falling off the wall

---

then we get it fixed.
Or I've not got the money for the months rent this month, but I will pay next week/week after - we have no problem with this either.
So if you are a tenant yourself, please be fair with your landlord, and they will be fair with you.
You'll find that their not the kind of people who will try to diddle you out of your deposit.

mikemac

Agreed!

dh0661

micmclo wrote: »

Agreed!

Thanks

Senna

Garyr1 wrote: »

Hi,

We recently acuired new tenants (via letting agent) for our 1 Bed Apartment,

excuse the ignorance, but would the letting agent not be responsible for ensuring payment and would they not be chasing after the tenant?

Our letting agent deals with us completely and i would assume if their was a problem, they would contact us rather than the landlord.

dh0661

Senna wrote: »

excuse the ignorance, but would the letting agent not be responsible for ensuring payment and would they not be chasing after the tenant?

I don't know about that either. We deal with our tenants directly.

The_Conductor

dh0661 wrote:

I don't know about that either. We deal with our tenants directly.

What does the letting agent do for you then? Normally a letting agent is the tenants point of contact- they source new tenants as required, collect the rent and sort any problems that may arise. What are they doing for you? Why have a letting agent at all- if you do everything that they would normally do?

dh0661

smccarrick wrote: »

What does the letting agent do for you then? Normally a letting agent is the tenants point of contact- they source new tenants as required, collect the rent and sort any problems that may arise. What are they doing for you? Why have a letting agent at all- if you do everything that they would normally do?

We don't use letting agents. We advertise in the local newspaper, which comes out on Thursday morning, this usually yields about ten calls before 11 am.

We interview prospective tenants ourselves, and place a big emphasis on trust between them and us. If something is in bad order or broke, come and tell us - we'll get it sorted, if there is not enough money in the account to pay for the rent, tell us - that's not a major problem, but please have it there in the next week or two.

We have four properties rented. And in five years we only ever have had one problem.

beeno67

dh0661 wrote: »

If something is in bad order or broke, come and tell us - we'll get it sorted, if there is not enough money in the account to pay for the rent, tell us - that's not a major problem, but please have it there in the next week or two.
quote]
You have said twice that if something is broken you will get it fixed. Well so you should. It is your house and it is the law.

dh0661

beeno67 wrote: »

dh0661 wrote: »

It is your house and it is the law.

If it's the law - can you show me exactly where it is written on the statute book ?

Ste.phen

dh0661 wrote: »

beeno67 wrote: »

If it's the law - can you show me exactly where it is written on the statute book ?

It's in almost all leases that i've seen
Also, might want to read the 2004 Residential Tenancies Act
Part 2, Chapter 1, Section 12.1(b)(ii)

...the interior of the dwelling all such repairs and
replacement of fittings as are, from time to time,
necessary so that that interior and those fittings are
maintained in, at least, the condition in which they
were at the commencement of the tenancy and in
compliance with any such standards for the time
being prescribed

Not sure if i referenced that correctly, but you get the point

dh0661

Igy wrote: »

dh0661 wrote: »

It's in almost all leases that i've seen
Also, might want to read the 2004 Residential Tenancies Act
Part 2, Chapter 1, Section 12.1(b)(ii)

CAN - you show me a LAW ? - I don't think so.

Anyway at the end of the end of the day our tenants are happy with the arrangement.

2004 Residential Tenancies Act, part 2 chapter 1. section 12.1(b) --- If it was ever brougth to a district court (and that is as far as it would go) it would be thrown out.

beeno67

dh0661 wrote: »

If it's the law - can you show me exactly where it is written on the statute book ?

http://www.irishstatutebook.ie/2004/statutory.html

The_Conductor

Guys- calm down.
The 2004 Residential Tenancies Act, is a law currently on the statute book.
It is the duty of the PRTB to enforce it (which different people will readily tell you is a very hit and miss situation). Outside of the act, it becomes a civil matter between a tenant and their landlord (or vice versa).

General rules of this forum, in common with all boards fora, is that if you disagree with a post- you refute the post, and do not attack the poster. If you attack a fellow poster, you are open to being banned from the forum, and, depending on the nature of what you post, may be banned from Boards altogether and have your IP address blacklisted.

While its understandable that people quite rightly try to defend what they consider to be their rights, irrespective of who they are or what those rights might be, to do so by attacking another boards poster is never justified.

S.

dh0661

beeno67 wrote: »

http://www.irishstatutebook.ie/2004/statutory.html

I replied to this already, but deleted it before I got banned for using foul language.
All I can say now is that E.U. directives on light railways and fishing for various types of species have nothing at all to do with the tenancies act.
And hold no place at all in our constitutional law.

The_Conductor

dh0661 - 1 week ban for personal abuse.