Exasperated: Landlord Advice Desperately Required for Rent Allowance Tenant

fermatstheorem

Hello –
I was wondering if any landlords could please give me some advice.
I have a rent allowance tenant who is 5 months behind in her rent.
It’s a long story, I won’t go into it. She’s basically an alright sort a bit of a ‘howaya’ dolly bird and extremely disorganised and hasn’t filled her forms for the social welfare but she’s taking the piss now. She paid her rent until a couple of months ago so I do believe there is an issue with a reevaluating her case because one of her kids turned 18 so it’s a matter of her completing the paper work and then the cheques will be released.
It’s the usual scenario, broken phone, doesn't do what she says she’ll do etc.
The rent was made to be all up to date last Friday but of course more problems. I’ve spent the weekend stalking her house trying to meet up with her. I’ve mostly been speaking to her ‘friend’. I know she was in Spain last week because her facebook account is open. I’m at the end of my tether.
I want to scare her into taking this seriously and sorting it out with the welfare office. I’ve showed up at her house etc. and sent letters.

What else can I do to ‘get her attention’ so she'll sort this mess out?

Any advice would be most welcome.

Thanks.

djimi

If she hasnt paid a penny then you need to issue her with a 14 day notice of rent arrears, after which time you can issue an eviction notice.

Id advise to seek legal advice however, as this can be a bit of a minefield, both with the notice you must give and the process you must follow, but also with how you deal with her if she decides to dig her heels in and become difficult.

fermatstheorem

Thanks, I really don't think she'll get difficult. She gets into a panic but I want her to know I'm serious. Up to now she thinks I'm a 'nice girl' that she can mess with.

She had paid her rent each month up until a couple of months ago until she had this issue with the reevaluation of her case and I do believe her that the welfare office are giving her major hassle.However I need her to now sort it out properly.

My plan is to hand her an eviction notice the minute she pays the arrears. But I really need her to sort out the payments. I was just wondering if there were any other approaches I could use to make her realise that she can't mess with me.

djimi

The 14 day notice of arrears might give her the kick up the arse that she needs. If she pays the arrears in the 14 days then the matter is sorted and you cant take it further, so maybe if she realises the threat of eviction hangs over she might be more inclined to get it sorted.

fermatstheorem

Thanks I'll try that. I will never rent to a rent allowance tenant ever again. It has been a horrendous experience.

D3PO

fermatstheorem wrote: »

My plan is to hand her an eviction notice the minute she pays the arrears. But I really need her to sort out the payments. I was just wondering if there were any other approaches I could use to make her realise that she can't mess with me.

You cant do that. Seriously the first thing you need to do is learn how and when you can evict.

Your only way of being serious is to issue a notice of arrears and when you do so advise her that eviction notice will follow in 14 days if she hasn't sorted it out.

However if she does sort it out, you cannot provide her eviction notice as you have no ground to. Doing so would be considered an illegal eviction and you could end up in a very costly world of hurt doing so.

BostonB

Just follow the legal procedure. It has more than enough warning. As a LL you should be aware of the procedure. You're only short of the dog ate my homework, to have the full set of standard excuses. 5 months behind. You're being taken for a ride.

StillWaters

You have been way way too soft. Issue the notice of arrears and start getting tough. Be prepared for not seeing any of the past rent.

H3llR4iser

I'll definitely join the "get some legal assistance" line, the matter can prove a bit prickly if not handled well...do not hound her, do not wait for her at the door and generally harass the tenant, it's very easy to end up on the wrong end of the issue.

In all fairness, you've been way, way, way too soft until now - the woman is clearly a piss taker, all I see is a random set of cookie-cutter excuses. I have a feeling the fact she was in Spain and the missed payments are somewhat related

fermatstheorem

Totally agree with you. I want to scare the sh1t out of her now.

I have issued a notice of arrears. How else can I get tough? Only with letters?

fermatstheorem

D3PO wrote: »

You cant do that. Seriously the first thing you need to do is learn how and when you can evict.

Your only way of being serious is to issue a notice of arrears and when you do so advise her that eviction notice will follow in 14 days if she hasn't sorted it out.

However if she does sort it out, you cannot provide her eviction notice as you have no ground to. Doing so would be considered an illegal eviction and you could end up in a very costly world of hurt doing so.

I have a break clause in the lease so my intention was get her up to date with the rent and then break the lease.

wallyMe

14 days notice and see what happens then

D3PO

fermatstheorem wrote: »

I have a break clause in the lease so my intention was get her up to date with the rent and then break the lease.

It doesn't matter. The tenant is 5 months in arrears so its fair to assume he/she is in the property over 6 months. Therefore your tenant has acquired part 4 rights.

You cannot sign away your rights in a lease which means you can only break the tenancy for one of the very specific reasons outlined in the RTA 2004

Ray Palmer

fermatstheorem wrote: »

Thanks I'll try that. I will never rent to a rent allowance tenant ever again. It has been a horrendous experience.

It pretty much is a standard problem with RA. They don't see the rent as their responsibility. If the HSE ( they provide RA not DSP) decide to cut the rent or revaluate the tenant stops paying.

On another note you mentioned here that a child turned 18, that would not effect the RA. Ending full time education does AFAIK.

Grandpa Hassan

D3PO wrote: »

It doesn't matter. The tenant is 5 months in arrears so its fair to assume he/she is in the property over 6 months. Therefore your tenant has acquired part 4 rights.

You cannot sign away your rights in a lease which means you can only break the tenancy for one of the very specific reasons outlined in the RTA 2004

So if it were me, I would go ahead and issue the appropriate notices, and hope she doesn't pay so that I can get her evicted. I would forego 5 months rent (well, 6 or 7 by the time she's out) in order to get a non rent allowance tenant in.

Being stuck with a rent allowance tenant, who is messing you about (and will likely continue to do so even if she clears these current arrears), but has part 4 protection sounds like a nightmare

realgirl

D3PO wrote: »

It doesn't matter. The tenant is 5 months in arrears so its fair to assume he/she is in the property over 6 months. Therefore your tenant has acquired part 4 rights.

You cannot sign away your rights in a lease which means you can only break the tenancy for one of the very specific reasons outlined in the RTA 2004

The tenant not complying with the terms of the rental is one of these reasons so as she has not been paying rent as agreed then surely the tenancy can be broken

fermatstheorem

D3PO wrote: »

You cant do that. Seriously the first thing you need to do is learn how and when you can evict.

Your only way of being serious is to issue a notice of arrears and when you do so advise her that eviction notice will follow in 14 days if she hasn't sorted it out.

However if she does sort it out, you cannot provide her eviction notice as you have no ground to. Doing so would be considered an illegal eviction and you could end up in a very costly world of hurt doing so.

Ray Palmer wrote: »

It pretty much is a standard problem with RA. They don't see the rent as their responsibility. If the HSE ( they provide RA not DSP) decide to cut the rent or revaluate the tenant stops paying.

On another note you mentioned here that a child turned 18, that would not effect the RA. Ending full time education does AFAIK.

This is the scenario, I think he finished school.

fermatstheorem

realgirl wrote: »

The tenant not complying with the terms of the rental is one of these reasons so as she has not been paying rent as agreed then surely the tenancy can be broken

I reissued the lease in march and added that clause.

jarvis

I made a mistake of taking my eye off the bank account when my wife had a baby, 4 months later I realised the rent wasn't going in and was getting all sorts of reasons as to what the HSE were doing with their allowance etc and it was always a case were he said it'll be sorted by next week and they'll send me all the cheques together. I eventually rang the HSE and the welfare officer was able to give me dates of issue of all the cheques,He was spending them!!!!!!
It was a complete nightmare, in the end I got some of the money back from the tennant but the legged it without paying the majority of it.
I've rented it again recently and have a private tennant in it but 90%% of the people were looking to use RA and a good majority of them were saying "if my rent allowance gets cut, then you'll have to reduce the rent" it is very much as a previous posted said, a lot of them see themselves as uninvolved in the agreement and that it's between the HSE and the LL.

fermatstheorem

jarvis wrote: »

I made a mistake of taking my eye off the bank account when my wife had a baby, 4 months later I realised the rent wasn't going in and was getting all sorts of reasons as to what the HSE were doing with their allowance etc and it was always a case were he said it'll be sorted by next week and they'll send me all the cheques together. I eventually rang the HSE and the welfare officer was able to give me dates of issue of all the cheques,He was spending them!!!!!!
It was a complete nightmare, in the end I got some of the money back from the tennant but the legged it without paying the majority of it.
I've rented it again recently and have a private tennant in it but 90%% of the people were looking to use RA and a good majority of them were saying "if my rent allowance gets cut, then you'll have to reduce the rent" it is very much as a previous posted said, a lot of them see themselves as uninvolved in the agreement and that it's between the HSE and the LL.

Thanks for sharing your story. Very similar situation as myself. I got a letter from the welfare office and as of March no cheques had been issued since December. I helped her fill out the paper work and the cheques were meant to be issued end of April but seemingly they haven't arrived.

gurramok

Ray Palmer wrote: »

On another note you mentioned here that a child turned 18, that would not effect the RA. Ending full time education does AFAIK.

This caught my eye Are you 100% sure about this?
http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/supplementary_welfare_schemes/rent_supplement.html

You won’t qualify for Rent Supplement if you:

Are in full-time employment (30 hours or more a week). However, if you are assessed as in need of housing under the Rental Accommodation Scheme and have been out of full-time employment for 12 months or more you may be entitled to the Supplement - see ‘Employment and Rent Supplement’ below
....
Are attending full-time education. However, if you are getting a Back to Education Allowance, are participating in the Back to Education Programme or in the Momentum Programme you may be entitled Rent Supplement.

If the child is now an adult at 18 and probably seeking work, I suspect the entitlement maybe reduced. In DCC for example it would decrease from 875 to 600 (from 1 parent with child to 2 single people in shared accommodation).

This maybe why the mother cannot afford the full rent anymore, she needed to find 275 quid extra a month.

Marcusm

I'm surprised that no one has picked up on your words such as "stalking", "scare her" and "scare the sh1t out of her".

Seriously, I have no idea whether you truly means those literally but I would worry about the guards knocking on my door to discuss harassment if the dots were ever joined up by the tenant.

ahnowbrowncow

Marcusm wrote: »

I'm surprised that no one has picked up on your words such as "stalking", "scare her" and "scare the sh1t out of her".

Seriously, I have no idea whether you truly means those literally but I would worry about the guards knocking on my door to discuss harassment if the dots were ever joined up by the tenant.

I think it's safe to assume it was a figure of speech for toughening up, they've been too soft for 5 months I doubt they are literally going to scare the **** out of her now.

D3PO

realgirl wrote: »

The tenant not complying with the terms of the rental is one of these reasons so as she has not been paying rent as agreed then surely the tenancy can be broken

you haven't read the thread correctly. The OP says after arrears are repaid she will give notice to evict. This cannot be done, she can go through the eviction process now due to failure to pay rent but cannot do so if the arrears are cleared.

fermatstheorem

ahnowbrowncow wrote: »

I think it's safe to assume it was a figure of speech for toughening up, they've been too soft for 5 months I doubt they are literally going to scare the **** out of her now.

Thanks ahnowbrowncow; yes I've been way too soft up until now listening to her tales of woe. I have sent her letters, and nicely printed spreadsheets with colour coding as to when she needs to pay and what she currently owes to no avail. I feel now she obviously isn't responding so I need a new approach and hence I started this thread to get ideas.

Yesterday I spent 2 hours waiting yesterday afternoon to no avail so then I returned at 11pm when I knew she would be finally home. I just got a text from her saying she'd appreciate if I wouldn't call so late. I texted her back saying i'd appreciate if she'd pay the rent.

I have zero interest in stalking this brainless dollybird but she's also not going screw me around any longer. She has two school going kids so not as easy for her to just do a runner.

Anyways a lesson for all don't let a RA near your property.

fermatstheorem

ahnowbrowncow wrote: »

I think it's safe to assume it was a figure of speech for toughening up, they've been too soft for 5 months I doubt they are literally going to scare the **** out of her now.

D3PO wrote: »

you haven't read the thread correctly. The OP says after arrears are repaid she will give notice to evict. This cannot be done, she can go through the eviction process now due to failure to pay rent but cannot do so if the arrears are cleared.

I wont give her an eviction notice, sorry I shouldn't have used that phrase, I meant just get rid of her. I'll just invoke the break clause of the lease and give her my tale of woe - I need to move back into the property ASAP; my relationship broke up etc etc.

fermatstheorem

gurramok wrote: »

This caught my eye Are you 100% sure about this?
http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/supplementary_welfare_schemes/rent_supplement.html



If the child is now an adult at 18 and probably seeking work, I suspect the entitlement maybe reduced. In DCC for example it would decrease from 875 to 600 (from 1 parent with child to 2 single people in shared accommodation).

This maybe why the mother cannot afford the full rent anymore, she needed to find 275 quid extra a month.

This maybe the case. She's definitely not in full time employment. She has three kids, one just turned 18.

fermatstheorem

Thanks for all the information and support. Really helpful. I just joined boards today. Probably should have a long time ago

realgirl

D3PO wrote: »

you haven't read the thread correctly. The OP says after arrears are repaid she will give notice to evict. This cannot be done, she can go through the eviction process now due to failure to pay rent but cannot do so if the arrears are cleared.

I have read the thread fine thanks. I think you may have misunderstood what I was saying. In relation to the tenant having a part 4 tenancy I was suggesting that the landlord can evict in this situation if the tenant has failed to comply with the obligations of the tenancy which she has by not paying rent for 5 months.

fermatstheorem

Apparently she's down at the office right now trying to sort it out. So I'll go over this evening with a proper 14 days arrears notice. I'll let you know how I get on.

When i was over at the house yesterday. Her 14 year answered the door and said she had gone down the shops and would be back in an hour. I waited about an hour and quarter and then someone came to the house in a car I didn't recognise when they went into the house (with grocery shopping) I rang the door bell.

This lady who answered the door said she was the baby sitter and that my tenant was in the hospital as her nan was sick. So it's a bit of a joke. Her kid says she's at the shops; 'the baby sitter' says she's in the hospital.

When i went around at 11pm, another friend who I've spoken to before and actually texts me a lot said she was still down at the hospital. I told her I thought it was all a joke and that I'd be back again tomorrow.

djimi

fermatstheorem wrote: »

I wont give her an eviction notice, sorry I shouldn't have used that phrase, I meant just get rid of her. I'll just invoke the break clause of the lease and give her my tale of woe - I need to move back into the property ASAP; my relationship broke up etc etc.

Just be careful of this. I have heard of landlords getting stung when they were checked up on to see if the reason behind their eviction notice was genuine; I dont know how often if would happen, but just bear it in mind.

Your tenant is right also; regardless of the circumstances you have no legal right to show up at the property unannounced at 11pm at night. I understand your frustration, especially if you are getting no response from her, but you need to be smart about how you go about things, and dont put yourself in a position where you could be seen to be in the wrong in any way should it go to a PRTB hearing. Waiting outside the house and calling in late at night could well be seen as harrassment.

whippet

Just be careful in how you go about this.

I have been through this process before and what I guess will happen is; as soon as you become properly assertive the tenant will dig their heels in and become very difficult to remove.

What you need to do is:

1 - Issue 14 Day notice of Arrears (giving 14 days for tenant to clear all arrears) - you will need to do proper research as to how this and the exact wording that is needed.

2 - If (when) the arrears are not clears after the 14th day you need to issue a notice of termination, giving 28 days (or what ever the required notice is in this case) to quit the accommodation.

3 - Should the tenant refuse to leave, you will have to open a dispute with the PRTB (I am assuming that you have registered the lease?)

4 - Wait (with out rent no doubt) for the PRTB shambles to have a hearing and then wait for a decision.
5 - If the tenant still does not move out then you may have to go properly legal and spend a fortune to get the tenant out.


the most disorganised, seemingly-stupid tenant suddenly becomes experts in all things regarding tenancy laws and should you make one wrong move you could find yourself having to fork out a five figure compensation fee to the free-loading tenant.

At this stage you should end all verbal communication, issue the proper 14 day notice letter and do absolutely nothing until the 14 days lapse (don't even go near the property) as any communication / action by you could be construed as harassment or failure to allow the tenant enjoyment of the property.

You will have to brace yourself for at least 6 months more with no rent ... but you will be wiser in the knowledge that you should never-ever-ever let a private accommodation to a RA / Social welfare tenant. You should only rent to someone whom you know has to work to pay for the rent. I don't care what anyone else might say, but after been bitten myself I wouldn't jump back in to the swamp to see if the next crocodile was any friendlier.

D3PO

realgirl wrote: »

I have read the thread fine thanks. I think you may have misunderstood what I was saying. In relation to the tenant having a part 4 tenancy I was suggesting that the landlord can evict in this situation if the tenant has failed to comply with the obligations of the tenancy which she has by not paying rent for 5 months.

No I don't misunderstand what your saying. Your clearly misunderstanding what I am saying.

Can she evict as the case stands - YES

Can she evict if the arrears are cleared - NO


I cant be any clearer than that.

D3PO

fermatstheorem wrote: »

I wont give her an eviction notice, sorry I shouldn't have used that phrase, I meant just get rid of her. I'll just invoke the break clause of the lease and give her my tale of woe - I need to move back into the property ASAP; my relationship broke up etc etc.

Doing that if not true and can be proved by the tenant your evicting is considered an illegal eviction. The PRTB would come down on you like a ton of bricks.

Not advisable at all.

gurramok

fermatstheorem wrote: »

This maybe the case. She's definitely not in full time employment. She has three kids, one just turned 18.

With this new info about 2 more kids since I posted, I wonder how the welfare treat the family for RS. It would still be a single parent with 2 kids(instead of 3 kids) which is a slight reduction in rent entitlement but the 18yr old adult child throws a spanner in the works. Its hard to calculate but there is a definite reduction in RS there somewhere.

fermatstheorem

Marcusm wrote: »

I'm surprised that no one has picked up on your words such as "stalking", "scare her" and "scare the sh1t out of her".

Seriously, I have no idea whether you truly means those literally but I would worry about the guards knocking on my door to discuss harassment if the dots were ever joined up by the tenant.

I've never intimidated or threatened anyone in my life. By nature I'm someone of a very sunny and trusting disposition. However I spent the bank holiday weekend worrying and being extremely stressed about this when she promised me she would get back to me on Friday.

She's like a delinquent child and I really feel she's taking me for a ride. So I really need her to understand that I am serious. She has this scary boyfriend and I'm not going to allow her intimate me. I'm used to working in a professional environment where people do what they say they will do and realise I've been a bit of an ejit. So now I'm shaping an approach in language or actions that she will understand.

wolfpawnat

It's cows like this that make LL's frightened to take RA tenants. It really annoys me, the only grace I have is sterling references. When I was waiting for the CWO to sort one or two things (meaning a months rent was slightly delayed) I asked for them to write something for my LL so that they would have proof I was not acting the maggot so to speak. My LL accepted it as it was dated and showed I was not taking anyone for a ride. Surely if she is seeing a CWO regarding the matter, even a handwritten one with the stamp would prove she is trying to do something. It sounds to me like she doesn't want to even bother heading down. It's not like it is the hardest thing she'll ever do.

fermatstheorem

djimi wrote: »

Just be careful of this. I have heard of landlords getting stung when they were checked up on to see if the reason behind their eviction notice was genuine; I dont know how often if would happen, but just bear it in mind.

Your tenant is right also; regardless of the circumstances you have no legal right to show up at the property unannounced at 11pm at night. I understand your frustration, especially if you are getting no response from her, but you need to be smart about how you go about things, and dont put yourself in a position where you could be seen to be in the wrong in any way should it go to a PRTB hearing. Waiting outside the house and calling in late at night could well be seen as harrassment.

Thanks appreciate the warning. I was trying to be proactive. She said her phone wasn't working, hence why she hasn't contacted me well she got her friend to text me.

I didn't go into the house just rang the doorbell and spoke to her friend on the doorstep, although her friend isn't even supposed to be living there so in a way I didn't speak to my tenant it was her friend.

fermatstheorem

wolfpawnat wrote: »

It's cows like this that make LL's frightened to take RA tenants. It really annoys me, the only grace I have is sterling references. When I was waiting for the CWO to sort one or two things (meaning a months rent was slightly delayed) I asked for them to write something for my LL so that they would have proof I was not acting the maggot so to speak. My LL accepted it as it was dated and showed I was not taking anyone for a ride. Surely if she is seeing a CWO regarding the matter, even a handwritten one with the stamp would prove she is trying to do something. It sounds to me like she doesn't want to even bother heading down. It's not like it is the hardest thing she'll ever do.

Thanks for sharing that. People had warned me as to taking on RA but I met her checked out her previous house and thought people are just being prejudice. My estimation was she was a single mother doing her best to look after her kids. I gave her my house in perfect condition and have been very good to her and reasonable when there were delays originally with the HSE. She's also made me feel like a fool. I'm the one under financial pressure working away while she lives in my house for free.

Having said that I'm sure there are good RA people but it's hard to take the risk as most aren't as conscientious as you.

fermatstheorem

D3PO wrote: »

Doing that if not true and can be proved by the tenant your evicting is considered an illegal eviction. The PRTB would come down on you like a ton of bricks.

Not advisable at all.

That might be the case but I'll consider moving into the house temporarily to get rid of her.

I'm also going to give her the 14 days arrears notice this evening and follow that process.

Grandpa Hassan

D3PO wrote: »

Doing that if not true and can be proved by the tenant your evicting is considered an illegal eviction. The PRTB would come down on you like a ton of bricks.

Not advisable at all.

But given the amount of time that might go by trying to evict a tenant, it is probably the better course of action to enact that break clause in the part 4 tenancy and actually move back in for a few months. It would be a much cleaner way of getting back control of the property

Ray Palmer

gurramok wrote: »

This caught my eye Are you 100% sure about this?
http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/supplementary_welfare_schemes/rent_supplement.html

Yes click on the part about a dependent child and it goes up to 22 if in full time education.

http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/claiming_and_increase_in_your_payment_for_a_child_dependant.html

D3PO

Grandpa Hassan wrote: »

But given the amount of time that might go by trying to evict a tenant, it is probably the better course of action to enact that break clause in the part 4 tenancy and actually move back in for a few months. It would be a much cleaner way of getting back control of the property

true, you looking at the 5 months of arrears plus the arrears from the notice period, plus 6 months of loss of rental as you move back in. So over a years lost rent.

Clean it may be, but not sure if its the most efficient. Much better to give notice of arrears, then eviction notice and hope the tenant just moves out, count your losses, chalk it down to experience and move forward.

Pretty sure rental losses can be carried forward, at least this lost rent can be written off future tax bills.

the world wonders

Grandpa Hassan wrote: »

But given the amount of time that might go by trying to evict a tenant, it is probably the better course of action to enact that break clause in the part 4 tenancy and actually move back in for a few months. It would be a much cleaner way of getting back control of the property

If they wouldn't move out for the rent arrears eviction process, what makes you think they'd move out for the Part 4 termination process?

the_syco

fermatstheorem wrote: »

I have a rent allowance tenant who is 5 months behind in her rent.

Five months? She's having a laugh, and probably see's yu as a soft touch. Evict her.

fermatstheorem wrote: »

I have a break clause in the lease so my intention was get her up to date with the rent and then break the lease.

YOU WILL NEVER GET THE MONEY SHE OWES BACK, and you're a fool if you think you will. Where do you think she'll get the 5 months rent back? She'll have spent it all already.

fermatstheorem wrote: »

This lady who answered the door said she was the baby sitter and that my tenant was in the hospital as her nan was sick. So it's a bit of a joke. Her kid says she's at the shops; 'the baby sitter' says she's in the hospital.

You honestly expect the mother to tell the kid that her nan is in the hospital?

D3PO wrote: »

Clean it may be, but not sure if its the most efficient. Much better to give notice of arrears, then eviction notice and hope the tenant just moves out, count your losses, chalk it down to experience and move forward.

Pretty sure rental losses can be carried forward, at least this lost rent can be written off future tax bills.

fermatstheorem, you came here looking for advice, and I'd advise you to take the advice.

Pawwed Rig

the_syco wrote: »

YOU WILL NEVER GET THE MONEY SHE OWES BACK, and you're a fool if you think you will. Where do you think she'll get the 5 months rent back? She'll have spent it all already.

This.^^^

You need to end this tenancy asap. You will not see this money. Tenant doesn't care as there are no implications for her. HSE do not care either. You can take a PRTB case to recover the rent but she will just say she has no money so even if you win the case and are deemed not to have illegally evicted her (not a guarantee) you will be very unlikely to see even a small percentage of this money. You need to give the 14 days notice of arrears TODAY before this gets worse.

BostonB

wolfpawnat wrote: »

It's cows like this that make LL's frightened to take RA tenants. It really annoys me, the only grace I have is sterling references. When I was waiting for the CWO to sort one or two things (meaning a months rent was slightly delayed) I asked for them to write something for my LL so that they would have proof I was not acting the maggot so to speak. My LL accepted it as it was dated and showed I was not taking anyone for a ride. Surely if she is seeing a CWO regarding the matter, even a handwritten one with the stamp would prove she is trying to do something. It sounds to me like she doesn't want to even bother heading down. It's not like it is the hardest thing she'll ever do.

Its not your fault but, theres something deeply flawed in a system that results in a private LL giving the govt an interest free loan, of the rent, while the RA system gets its act together. Thats just nuts.

The LL shouldn't accept this, they should get the full rent of the tenant. The issue with the delay in RA is between the Tenant and RA. Tenant should cover the shortfall. Its got nothing to do with the LL. Starting a tenancy in arrears is just all wrong.

That said, sometimes you've got to give people a break. Karma an all that. But its increased risk for the LL. References are easily forged, some people are past masters of it. I feel for the genuine Tenants /LL caught in the middle of this farcical system.

fermatstheorem

the_syco wrote: »

Five months? She's having a laugh, and probably see's yu as a soft touch. Evict her.

Agree hence this thread...

the_syco wrote: »

YOU WILL NEVER GET THE MONEY SHE OWES BACK, and you're a fool if you think you will. Where do you think she'll get the 5 months rent back? She'll have spent it all already.

The cheques haven't been issued so the money hasn't been spent.

the_syco wrote: »

You honestly expect the mother to tell the kid that her nan is in the hospital?

He's 14, I'm sure he's doesn't think his mother is shopping when in fact his nan is in the hospital.


fermatstheorem, you came here looking for advice, and I'd advise you to take the advice.[/QUOTE]

Yes and I'll be actioning accordingly

fermatstheorem

the_syco wrote: »

Five months? She's having a laugh, and probably see's yu as a soft touch. Evict her.


YOU WILL NEVER GET THE MONEY SHE OWES BACK, and you're a fool if you think you will. Where do you think she'll get the 5 months rent back? She'll have spent it all already.


You honestly expect the mother to tell the kid that her nan is in the hospital?


fermatstheorem, you came here looking for advice, and I'd advise you to take the advice.

Pawwed Rig wrote: »

This.^^^

You need to end this tenancy asap. You will not see this money. Tenant doesn't care as there are no implications for her. HSE do not care either. You can take a PRTB case to recover the rent but she will just say she has no money so even if you win the case and are deemed not to have illegally evicted her (not a guarantee) you will be very unlikely to see even a small percentage of this money. You need to give the 14 days notice of arrears TODAY before this gets worse.

That's my plan...

belcampprisoner

maybe shes getting the rent and spending it in spain or do you get it directly


first contact Department of Social Protection's representative (formerly known as the Community Welfare Officer) at your local health cent to see if they are still getting it


I read somewhere that rent allowance has been cut

JustAThought

sounds like this Social welfare abuser is min ululating you and the system.

If she has been in Spain she is probably getting a friend to sign in illegally for her - if caught she will be cut off and asked to back pay the money.

Take as Many screen grabs of her Facebook account - with the dates on it - as you can - particularly those with her pics in situ in it. Now you have some
Collateral to use against her that will cost her if you report her. And her friend who
Is signing on for her - assuming. She's not on disability. She is " entitled" to two weeks Holliday which she has to declare - otherwise if she is on job seekers allowance or benefit ( as opposed to single mothers) she she be in the country Looking for work.


If she has been out for months who has been looking after the Children ? Have they been attending school - social workers might like to know.

She has spent the money and dosn't give a f*. The best way you can get rid of a tenant that's unwanted is to say that you or a relative re going to Move b k into the house.suggest you go that road.

Suggest you ring the gas,phone & LX to check what kind of debts she's run up - are the bills in her name?

Look into privatising the debt - google debt collectors & make a few inquiries - and them tell her. She will have a lot more fear and " respect" of private debt collector coming after her than the govt.
Pathetically enough.

You can be sure a Sanger like this will have free Legal aid hanging off her to help her - get yourself an appointment in a FLAc that has someone that will specialise in letrings - ring FLAc & ask them - it's free - no point letting the lying cheat have a legal advantage there .

She won't give a f* about the courts or system but might care about being caught cheating the social welfare & being cut off - and not reinstated - or not having the handout train there for her to continue leeching off.welfare
Might also be interested in her having a live in boyfriend - maybe a friendly neighbour will corroborate - that's how we got rid of the next door neighbour freeloading welfare cheat.

But. You don't want her squatting in your house. Where does she sign on - does the place have CCTv in it - If it does and you know that & someone is signing on for her all signings are time stamped & this can be correlated to the CCTV - that's how they get people. Remind her of the girl in Cork that had to pay back e45,000 last week to avoid an immediate
Jail sentence for welfare cheating & signing on while living abroad. Guards were involved in that one.

I'd suggest your best bet is the FLAC centres, FB & neighbour corroboration welfare cheating evidence, her knowing you have some cards & being worried enough to care . Tell her she
Can beg off the Vincent de Paul for the bills/rent etc but to get it .

God help you it's a nightmare.