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Eviction notice questions

  • 03-01-2012 8:45pm
    #1
    bazmak
    Registered Users, Registered Users 2 Posts: 83 ✭✭


    how long will it take for a court to evict a tenant ?

    will a LL be able to take an eviction order if they are not registered with prtb?

    can a LL a evict a tenant of 3 years if they only paid 800e out of 900e rent once and a new lease was never signed by either LL or tenant and tenancy was never registered?

    thanks in advance if anyone can answer these questions :)
    Tagged:


Comments

  • #2
    antoinolachtnai
    Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    You really need legal advice here.

    I think you are going to have to register with the PRTB. A court cannot generally speaking evict a tenant in private rental accommodation. This is not completely certain, however, I have heard of an instance of this being done, although it would not seem legally correct. You should talk to a solicitor about this immediately.

    You need to have served notice on your tenant in the proper form. In your situation, you will need legal advice to ensure this is in the correct form.

    As regards evicting a tenant in that situation, in broad general terms, I would say that no, that you cannot evict them. However, this really depends, and you need legal advice.

    I would suggest that you should try to find some way to mediate this issue to a solution, rather than going the legal route. Again, your solicitor may be able to suggest some options, i.e., writing to the tenant and suggesting a resolution.


  • #3
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    bazmak wrote: »
    how long will it take for a court to evict a tenant ?
    You cannot go directly to the courts - you MUST go through the PRTB first.
    will a LL be able to take an eviction order if they are not registered with prtb?
    As I said above, you cannot go directly to the courts. One reason that the PRTB was set up was to reduce the work of the courts in claims in rental properties. PRTB will not entertain a claim from a landlord if the tenancy is not registered (tenants may make a claim even if the tenancy is not registered). You will have to pay a late registration fee (I think at present it is €140, but may be more now). You may well have to pay extra again as the tenancy started some three years ago.
    can a LL a evict a tenant of 3 years if they only paid 800e out of 900e rent once and a new lease was never signed by either LL or tenant and tenancy was never registered?
    Taking the second part of your question, first. If no new lease was signed, then, there is a Part 4 lease in place. Any tenant who is in occupation of a dwelling for more than 6 months automatically acquires the benefits of Part 4 (provided they were not issued with a Notice of Termination during the first six months). Thus, at the end of a fixed term lease, if no other tenancy agreement is signed (and a tenant is not obliged to sign a new fixed term agreement) the tenancy automatically becomes a Part 4 lease. All the details are set out in the RTA 2004, Part 4, which is downloadable free of charge from the PRTB site.

    If you want to evict them, you must follow the law exactly. A notice of rent arrears (14 days notice), must be followed by a Notice of termination (28 days notice). these MUST be in the prescribed manner and exact - otherwise they will be deemed as invalid and the process would normally have to be done again.
    can a LL a evict a tenant of 3 years if they only paid 800e out of 900e rent
    May tenants are looking for reduced rents when staying in a property for more than 1 year - advantage to the landlord is that he does not have a void while looking for a new tenant. IMHO, if the tenant is otherwise a good tenant, I would be incline to offer them the discounted rent. Three years with no void is not so easy to come by.
    thanks in advance if anyone can answer these questions :)
    IMhumbleO, you are a bad landlord for not registering the tenancy with the PRTB. You do not seem to know the RTA 2004 which all landlords should know - as this defines many of the laws relating to residential tenancies especially the Part 4 tenancy.
    When you do register with the PRTB, your details can be accessed by the Revenue department who will eventually look to you for back taxes, if you have not declared the details of your rental income.
    Don't forget you are also liable for several other taxes to be paid.
    I have no sympathy for any landlord who does not fully comply with all landlords' obligations as regards their rental properties. These are the people who give landlords a bad name.


  • #4
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Am I the only one who thinks the OP is a tenant?


  • #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    bazmak wrote: »
    how long will it take for a court to evict a tenant ?

    will a LL be able to take an eviction order if they are not registered with prtb?

    can a LL a evict a tenant of 3 years if they only paid 800e out of 900e rent once and a new lease was never signed by either LL or tenant and tenancy was never registered?

    thanks in advance if anyone can answer these questions :)
    athtrasna wrote: »
    Am I the only one who thinks the OP is a tenant?

    Hadn't looked it that way, but on reading the post again, I see what you mean.
    In any case, If the landlord is not registered with the PRTB, he can do so on-line and therefore in a few minutes. However, IMHO, he deserves any fines he gets from anywhere if he is in breach of any laws relating to renting.

    If the OP is a tenant, then, it is your duty to pay the rent on time and in full. It is not the landlord's job to go looking for the rent. Furthermore, if you have been in the same property for 3 years and are leaving, you are unlikely to get a good reference which your next landlord will probably ask for.
    Again, a Part 4 lease is not as secure as a fixed term lease and the landlord has six options in which he can evict you, apart from rent arrears. It is much easier for a landlord to evict a tenant under a Part 4 lease a
    than it is under a Fixed Term lease. The PRTB has, certainly, in a few cases determined in the landlord's favour for a claim for damages (loss of rent) from tenants, involving tenants in further expenses.


  • #6
    bazmak
    Registered Users, Registered Users 2 Posts: 83 ✭✭bazmak


    yes i am a tenant ,:)
    thanks for clearing all that up for me ,
    we are going through an agent and cant seem to get anywhere with him ,are we entitled to ask agent for LL number ?


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  • #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Do you have a copy of your original lease? His name should be on that.

    However, if you are having issues with the property or the lease, put it in writing to the agent. Date the letter and keep a copy. Give the agent (i.e. landlord) a reasonable time (14 days under normal circumstances) to remedy the issues. Also point out that if the issues are not remedied within the time you give them, then they would be in breach of the Residential Tenancies Act 2004 and you will be making a claim with the PRTB and that claim will include "damages" for the breach.

    It could be that the agents are in fact the owners of the property.


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