Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

What power does one have in relation to evicting a non paying tenant?

  • 20-05-2009 5:29pm
    #1
    Jay D
    Registered Users, Registered Users 2 Posts: 2,738 ✭✭✭


    Say they were on their last month and the attitude was that they don't want to pay in case they don't get their deposit back...

    Everything is above board, contract and all, just this last month not paying...

    What effectively can be done to oust them other than simply going and doing it yourself or do you have to do it that way?


Comments

  • #2
    jpwicklow
    Registered Users, Registered Users 2 Posts: 32 ✭jpwicklow


    Sorry there Jay D i'm a bit out of sync with what you actually want to do!

    "Everything is above board, contract and all, just this last month not paying... "

    First of all i'm presuming that the Residential Tenancies Act 2004 applies which you can find on www.irishstatutebook.ie. It is quite a readable document and you should be able to have a read of it if you have time.
    alternatively check out the private residential tenancies board's website at www.prtb.ie.

    certain criteria need to be fulfilled for the act to apply but without more information we cant definitively say.

    They need to be living in a dwelling, separate house to yours or a bed sit and that needs to be the subject of a tenancy which it sounds like you have.


    "What effectively can be done to oust them other than simply going and doing it yourself or do you have to do it that way?"


    Ok so under the Act of 2004 tenants have an obligation to pay rent.
    Therefore you have good cause for termination of tenancy in this circumstance.

    However, and this is where it gets interesting, its my opinion that this is where its quite in favour of the tenant, you cannot simlply "oust" them and you most certainly go and enter onto the premises with a view to reasserting your rights to the property. You must follow the procedure set forth in the act.

    First of all you have to give them 14 days to pay the rent. So if your rent due date was not the first this two weeks could well be over halfway through the month. Then you must give them a valid notice of termination which can be no less than 28 days depending on how long they have been tenants.

    So in effect it would be easier not to kick them out by this method!

    If your property is damaged in some way then they may well be liable for the damage.

    It would probably serve you best to have a quick phone call with your solicitor and explain the situation he or she would be able to advise you on any remedies you may have. The main point i am trying to get across is that it will be unlawful for you to enter onto the property with a view to demanding the money from them.


Advertisement