Help - tenant wont pay up

Swanie_1

hi
hoping someone can give me some advice, i'm a first time landlord, rented out my house via a useless agency (another long story) in March this year, received 1 months deposit and 1 month rent in advance. However, since then i haven't received a penny from the tenant (she now owes 3 months rent). I have contacted her and was told that there was issues with her social welfare etc etc but was promised it would all be paid by June 7th. But have got nothing and now shes ignoring my calls.

What are my rights here?
Thanks

The_Conductor

Swanie_1 wrote: »

hi
hoping someone can give me some advice, i'm a first time landlord, rented out my house via a useless agency (another long story) in March this year, received 1 months deposit and 1 month rent in advance. However, since then i haven't received a penny from the tenant (she now owes 3 months rent). I have contacted her and was told that there was issues with her social welfare etc etc but was promised it would all be paid by June 7th. But have got nothing and now shes ignoring my calls.

What are my rights here?
Thanks

Providing you registered the tenancy properly etc- you should lodge a complaint via the PRTB, and commence eviction proceedings, as per prescribed format in the 2004 Residential Tenancies Act.

I would also suggest lodging a civil suit against the letting agency- but thats for another day.

antoinolachtnai

I think he should give her valid notice (as distinct from commencing eviction proceedings). This is the most important thing by far.

maidie

Even if there are problems/delays with welfare there is a community welfare officer in every town that pays up until the claim comes through. She is playing you for a fool, I would say. You need to call to see her and have a chat about it. If there are really problems then you might get your rent arrears if you are cool, calm and collected, Me, I would probably lose it... Best of Luck:eek:

D3PO

you have 2 options.

1 get in contact and get her CWO's name and number ot check out here story and get your cash from them pronto

2. Give her written notice to vacate the property its under 6 months into the tennancy so 28 days notice will suffice

EKRIUQ

Unfortunately the tenant has the majority of the rights, and for you to evict them will take months and court proceedings. The PRTB can only make a judgement not enforce law and if you unsure of what to do engage someone that is, because you could find your self in court if you don’t use the proper procedures. It's been less than 6 months so you don't need a reason to evict them.

Get some one that’s familiar with the Residential Tenancies Act 2004 a solicitor, Estate agent or letting agent but make sure they know about the act. Here’s a quick guide.

http://www.prtb.ie/DownloadDocs/Resi...ck%20Guide.pdf

Side topic; since they changed the way social welfare is paid directly to the tenant it’s nearly impossible to get the money from them. You can ring the social welfare/ Housing Authority and they will stop payments as their not paying yothe rent and the money is going elsewhere.

SalthillGuy

Swanie_1 wrote: »

hi
hoping someone can give me some advice, i'm a first time landlord, rented out my house via a useless agency (another long story) in March this year, received 1 months deposit and 1 month rent in advance. However, since then i haven't received a penny from the tenant (she now owes 3 months rent). I have contacted her and was told that there was issues with her social welfare etc etc but was promised it would all be paid by June 7th. But have got nothing and now shes ignoring my calls.

What are my rights here?
Thanks

Give the person written notice and document everything from there.
Maybe explain the process to the person.
Certainly, start eviction process if you get no satisfaction.
We should not encourage a culture of squatting.

MysticalSoul

I was in this situation before. However, after investigating matters, it wasn't the tenant who owed the money, but the Estate Agent. The Estate Agent in question, that I was dealing with, were just messing about. We then fired that Estate Agent, and recruited another company, and after that, things went like clockwork.