Rent etc...

Toiletroll

A friend of mine who went between jobs for a couple months allowed her rent bill to go up to 2k euros. (€700) a month.

She is now back in full time work and has been living in the appt for over a year without any contracts.

Additionally she is now back at work and paying off €1,000 a month instead of the €700 in order to re-balance with the agency. They want payment in full even though she has now made 2 monthly installments. They are threatening to kick her out of the appt.

What is her legal status here?

Thanks

Victor

She probably has a Part 4 tenancy udner the Residential Tenancies Act 2004. She should talk to Threshold for clarity. It might also be worth her while to get a loan to clear the balance - if necessary, the local Community Welfare Officer might be able to help.

They can't evict her without a court order.

dats_right

Victor wrote: »

They can't evict her without a court order.

This isn't strictly speaking true. The Part IV Tenancy isn't of any real significance as the landlord can still terminate when the tenant is in breach. The procedure is as follows; pursuant to section 67 of the Residential Tenancies Act 2004 the landlord must notify the tenant in writing of the amount of rent due and allow fourteen days to elapse, provided the arrears aren't paid within that time, the landlord can proceed to serving a Notice of Termination of Tenancy on the Tenant. Which must be in the correct format and give the tenant at least a further 28 days notice. Provided that the Notice of Termination is valid the tenant must vacate the premises on or before the Termination Date.

If the tenant does not vacate on or before the Termination Date, the landlord can then invoke the statutory dispute resolution procedures provided under the Act by the PRTB and ultimately seek to have a binding Determination Order granted in their favour (i.e. to recover all outstanding rents up to and including time of determination and for the tenant to vacate). If the tenant rstill efuses to comply then the landlord or the PRTB can make an application to the Circuit Court to enforce the Determination Order.

Whilst it maybe strictly speaking true that the landlord cannot physically evict the tenant, the fact remains that the landlord can lawfully terminate the tenancy and seek to recover the property in the above manner, essentially meaning the tenant must vacate. If, however, they do not vacate they will only run up additional costs and delay the inevitable.

Whilst, I am loath to give specific advice on such matters, I would think it essential that the OP's friend try again to negotiate with the agent, or if at all possible directly with the landlord, as the law really isn't in her favour.

maidhc

dats_right wrote: »

Whilst, I am loath to give specific advice on such matters, I would think it essential that the OP's friend try again to negotiate with the agent, or if at all possible directly with the landlord, as the law really isn't in her favour.

Well considering the PRTA is possibly the most partisan, ill thought out and worst drafted piece of legislation in history, I'd say the law is more in her favour than in should be!

Toiletroll

dats_right wrote: »

This isn't strictly speaking true. The Part IV Tenancy isn't of any real significance as the landlord can still terminate when the tenant is in breach. The procedure is as follows; pursuant to section 67 of the Residential Tenancies Act 2004 the landlord must notify the tenant in writing of the amount of rent due and allow fourteen days to elapse, provided the arrears aren't paid within that time, the landlord can proceed to serving a Notice of Termination of Tenancy on the Tenant. Which must be in the correct format and give the tenant at least a further 28 days notice. Provided that the Notice of Termination is valid the tenant must vacate the premises on or before the Termination Date.

If the tenant does not vacate on or before the Termination Date, the landlord can then invoke the statutory dispute resolution procedures provided under the Act by the PRTB and ultimately seek to have a binding Determination Order granted in their favour (i.e. to recover all outstanding rents up to and including time of determination and for the tenant to vacate). If the tenant rstill efuses to comply then the landlord or the PRTB can make an application to the Circuit Court to enforce the Determination Order.

Whilst it maybe strictly speaking true that the landlord cannot physically evict the tenant, the fact remains that the landlord can lawfully terminate the tenancy and seek to recover the property in the above manner, essentially meaning the tenant must vacate. If, however, they do not vacate they will only run up additional costs and delay the inevitable.

Whilst, I am loath to give specific advice on such matters, I would think it essential that the OP's friend try again to negotiate with the agent, or if at all possible directly with the landlord, as the law really isn't in her favour.

Thank you for this. She will be able to pay them in full prior to the above timeframes lapsing.

Thank you for this information, it is fantastic

dietcola

indeed some great advice to take on board...

understandably the tenant has right to the property too and under the contract the payment may only be needed to be paid before the contract is outdated... i.e she could be able to settle on the day she moves out contractually...

also the landlord must establish and provide a reasonable amount of time to which the arrea's should be paid within... this can be arranged thorugh a collection agency or with an agreement between the two parties...

I was in a simpiar position when we decided to sell and rent back my home and thus became the landlords ourself... then went through a nasty divorce and my ex took charge n i remained in the property then she upped the rental and i was forced into court porceedings to keep my stake in the property... its all within our divorce case but it has got nasty...

i would try n keep relation between you and the letting agent/landlord as soild and sound as poss!!!!

good luck with that one:eek:

Toiletroll

dietcola wrote: »

indeed some great advice to take on board...

understandably the tenant has right to the property too and under the contract the payment may only be needed to be paid before the contract is outdated... i.e she could be able to settle on the day she moves out contractually...

also the landlord must establish and provide a reasonable amount of time to which the arrea's should be paid within... this can be arranged thorugh a collection agency or with an agreement between the two parties...

I was in a simpiar position when we decided to sell and rent back my home and thus became the landlords ourself... then went through a nasty divorce and my ex took charge n i remained in the property then she upped the rental and i was forced into court porceedings to keep my stake in the property... its all within our divorce case but it has got nasty...

i would try n keep relation between you and the letting agent/landlord as soild and sound as poss!!!!

good luck with that one:eek:

Thanks - Her financial weather is getting quite tasty at the moment. She will have them fully paid by end of jan.