Perplexed

old boy

a family member through an estate agent rented a house last november, the tenant paid one months rent in advance, since this time no other rent has been recieved since, the tenant has been in recipt of money from the community welfare officer each month but has not handed it over, the tenant also is supposed to be living alone but is not, the tenant has been given two weeks notice to quit (late jan), but is still in the house, the solicitor now says that a court order will be required, baliffs required etc, the cost is enormous, the morgage has to be payed weekly, has the owner any rights expect other thanto be continually shafted, any advice appreciated.:mad::eek:

Victor

Assuming the tenancy is registered, the landlord can make a complaint to the PRTB.

jackal

Though an estate agents? Should they not be talking to this EA, or getting in touch with the IAVA or similar?

If they are paying a fee to the EA to rent out their property for them, its the EA's responsibility.

If your family member is going to chuck them out, please please please make sure they do *everything* by the book. The PTRB will side with even the worst of "tenants", i.e. ones that have not paid a bean of rent, if the land lord so much as forgets to dot an i or cross a t when serving notice. Find out what the obligations are with regard to giving notice, and follow them to the letter.

Alternatively, say that a family member is moving into the house, or that you are going to sell it. This over-rides the Part 4 tenancy rights to extended notice periods.

The ptrb site has templates etc for doing so, and spells out the rights of the tenant and obligations of the landlord. Just because they are not paying rent does not mean they have no rights. Unfortunately.

From the act http://www.prtb.ie/DownloadDocs/FullAct.pdf

For other
un-remedied breaches of the tenant’s obligations, the notice period is 28
days and where termination is for the nonpayment of rent, the notice
can be served once 14 days have elapsed from the service of notice to
the tenant seeking the rent due.

http://www.prtb.ie/DownloadDocs/Example%20of%20Notice%20of%20Termination%20of%20Tenancy.pdf

dolly13

This has happened to me before. You will probably find that this is not the estate agents responsibility you have probably signed something to agree to this. The agent is not expected to make up the rent if your tenant doesn't pay up all they have to do is chase the rent for you but then thats only if they are managing it if they only let it for you then its not their problem.

The PRTB might be able to help you with evicting the tenant. What worked for me is this. You need to go into your local social welfare office phone if necessary but preferabbly go in and ask to speak to a housing officer. Explain the situation and the housing officer will make contact with your tenant pretty pronto.. tenant is committing fraud here.. they will stop his or her cheques. It took me a couple of months to get this sorted but keep at the sw office and it will... I'd forget about making up the missed rent get the tenant out and get it let again..

BTW if you are taking a sw tenant again you can arrange for the money to be lodged directly to your account it's not easy to do it but if you ask the tenant to arrange it it is possible most of them will do it....

Good Luck