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Failing to Pay Rent

  • 28-05-2011 10:38pm
    #1
    NoseyMike2010
    Registered Users, Registered Users 2 Posts: 420 ✭✭


    If you have a tenant who is renting your property and fails to pay rent. What steps can you take to get the money from them?

    Noseymike


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Talk to them. Find out what is happening.

    Talk to your solicitor.

    Start a complaint with the PRTB.


  • #3
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Try to talk them face to face. There are legal ways of resolving issues such as they and they can be evicted but it's a long legal path. Don't threaten them or try to evict them yourself as it'll leave you very open. Try meeting them face to face and seeing what the problem is.

    If they still haven't paid send them a letter noting that the rent is over due and it should be paid by x date. After that if no rent, consult PRTB and a solicitor.


  • #4
    not even wrong
    Registered Users, Registered Users 2 Posts: 480 ✭✭not even wrong


    First send them a notice of arrears, do this as soon possible, i.e. the day after the rent is due. After that they have 14 days to pay.

    If after 14 days they still have not paid then you can issue them with a notice of termination, giving them 28 days to move out. So a total of 42 days from the day the rent is due until they have to move out.

    Don't attempt to evict them yourself or change locks/cut off utilities, this would be a very very expensive mistake on your part.


  • #5
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Why send a notice of arrears the very next day if it's the first time? OP hasn't said how long really.

    I got a phone call 2 days after my rent was due, it was the EA who said they had the landlord on angry that he didn't get paid. I was annoyed at this and went straight into EA with receipt of payment made and asked her to take a copy and send it to LL. It was a delay within bank.

    If it's a first time, ring the tenant, be polite and ask if they realise the rent date has passed. If it's a repeat offender by all means send letters and contact prtb etc. But takes things calm first and assess the situation.


  • #6
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Yawns wrote: »
    Why send a notice of arrears the very next day if it's the first time? OP hasn't said how long really.

    I got a phone call 2 days after my rent was due, it was the EA who said they had the landlord on angry that he didn't get paid. I was annoyed at this and went straight into EA with receipt of payment made and asked her to take a copy and send it to LL. It was a delay within bank.

    If it's a first time, ring the tenant, be polite and ask if they realise the rent date has passed. If it's a repeat offender by all means send letters and contact prtb etc. But takes things calm first and assess the situation.

    Good advice. However, it is always best to do this type of thing in written form - and keep a copy.
    If it's a repeat offender by all means send letters and contact prtb etc.

    It's no good contacting the PRTB at this stage - the law is very exact as to what to do and is set out in the RTA 2004.

    My three steps for a first "offence" would be:
    1. This step is not a legal requirement. Send a polite "Rent overdue Reminder" stating that the rent has not been received by my bank and could the tenant contact me imediately. Allow two days at most.

    2. Send a "Rent Arrears 14 Day Notice" (Sample available on the PRTB site). This is a legal requirement and must contain specific information. Failure to provide the correct information renders the Notice as invalid.
    The tenant must pay the arrears within 14 days.

    3. If arrears is not paid within 14 days you are entitled to issue a "Notice of Termination". Again, this is a legal requirement to have the tenant evicted from the property. Also this Notice must be in the prescribed manner or else it will be invalid. Sample notice again on the PRTB site.

    I have seen leases which state that there is a charge (at the landlord's discretion) of 30 euros if the landlord has to send a Rent overdue Reminder or a Rent Arrears 14 day Notice.


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