Current tenant refusing to leave

MILF · 19-11-2013 5:29pm #1

Hi all,

I am due to move to a property on Monday. I just received a call from the letting agent to advise me that the current tenant called her today and said tha the job she was due to start has fallen through and she is refusing to leave. She has given her notice and is due to move today by 8pm.
She is on rent allowance and was due to be asked to leave anyway due to non-payment of her part of the rent and generally being a bad tenant.
We are now in limbo as we have already left our property and our stuff is in storage. We are staying at my mothers for the moment. The current tenant has argued that she will be homeless but my argument back is that so are we.
What are my rights? Can she be removed? Will getting her out take ages? Any advice is needed desperately.

djimi · 19-11-2013 5:33pm

She cant be removed easily; if she digs her heals in then the landlord will have to chase her through the PRTB and that will take months (she will probably leave of her own accord before that, but in the meantime there is nothing that the landlord can do).

Your best bet at this stage might be to get any money back that you have given the new landlord and go find somewhere else to live.

ABajaninCork · 19-11-2013 5:33pm

Best start looking for somewhere else to live, pronto! This is down to the landlord and Letting Agent to sort out. It'll take ages (going the legal route) and won't be pretty...

MILF · 19-11-2013 5:35pm

I can't believe this

djimi · 19-11-2013 5:37pm

Its a system that badly needs reforming, but unfortunately for the moment it is what it is. Without a PRTB and then court judgement, the landlord is completely powerless to get possession of their property.

StompToWork · 19-11-2013 5:40pm

As unhelpful as this is, MILF, I'd get on daft.ie straight away. Unless she miraculously decides to leave between now and Monday, it seems unlikely, from what you have told us, that you will be moving in there as scheduled, if at all. Sorry.

StompToWork · 19-11-2013 5:42pm

Oh, and by the way, I'M behind YOU.

(Location on our profiles!!!!) :-)

MILF · 19-11-2013 5:42pm

Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?

djimi · 19-11-2013 5:43pm

MILF wrote: »

Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?

Maybe, but its not going to make any difference to your situation either way. Even if social welfare were interested they wouldnt have any more power to get her out than the landlord does.

MILF · 19-11-2013 5:44pm

Yeah true. I can't believe we're left in this situation and she can just sit pretty in a house that she's not allowed be in.

ChRoMe · 19-11-2013 5:46pm

MILF wrote: »

Yeah true. I can't believe we're left in this situation and she can just sit pretty in a house that she's not allowed be in.

While it sucks, these protections exist to disallow landlords to abuse their power by evicting people without a good reason.

the_syco · 19-11-2013 5:52pm

MILF wrote: »

Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?

She just stops getting RA, and has more or a reason not to move.

=-=

As said, get your deposit and any money you paid the agent, and look elsewhere.

Thomas D · 19-11-2013 6:29pm

I would blame the landlord here. The property should have been advertised and viewed fully vacant.

D3PO · 19-11-2013 6:59pm

Thomas D wrote: »

I would blame the landlord here. The property should have been advertised and viewed fully vacant.

well you would say that as somebody whos a bad tenant based on your other post wouldn't you.

are you so clueless that you think that every tenancy should be followed by a vacant period whilst its relet ?

how the hell do you think anybody would be able to move from one accomadation to another if all of them had to be vacant.

perhaps you should think before you type.

oh and whilst Im at it who do you think would pay for the vacant period if that was the case ........

wirelessdude01 · 19-11-2013 7:17pm

MILF wrote: »

Is the landlord/letting agent within their rights to inform social welfare seeing as she's on rent allowance?

Makes no difference to you. You need somewhere to live and by the sounds of it then it won't be in this place.

sunnysoutheast · 19-11-2013 7:51pm

Thomas D wrote: »

I would blame the landlord here. The property should have been advertised and viewed fully vacant.

Really? Wow, I would be blaming the one person involved who is not fulfilling their obligations and is therefore messing everyone else around.

Thomas D · 19-11-2013 7:56pm

D3PO wrote: »

well you would say that as somebody whos a bad tenant based on your other post wouldn't you.

are you so clueless that you think that every tenancy should be followed by a vacant period whilst its relet ?

how the hell do you think anybody would be able to move from one accomadation to another if all of them had to be vacant.

perhaps you should think before you type.

oh and whilst Im at it who do you think would pay for the vacant period if that was the case ........

It's easy. Tenants move out. You advertise it. Clean it up, paint walls and viewings withing a few days on depending on the market. Let it within two weeks. 2 weeks out of 52+ weeks empty which is the cost of being a landlord.

D3PO · 19-11-2013 8:03pm

Thomas D wrote: »

It's easy. Tenants move out. You advertise it. Clean it up, paint walls and viewings withing a few days on depending on the market. Let it within two weeks. 2 weeks out of 52+ weeks empty which is the cost of being a landlord.

no words can truly describe how delusional and detached from the concept that being a landlord is running a business you are.

your going to get a rude awakening when you emigrate let me tell you that much.

mdebets · 19-11-2013 9:16pm

Contact Treshold. You have a valid contract with the Landlord, which he can't easily break. So he might have to find you alternative accommodations or reimburse you for the expenses you have due to not being able to move into the apartment. If he is a good Landlord, he might have insurance for this.

Thomas D · 19-11-2013 9:20pm

D3PO wrote: »

no words can truly describe how delusional and detached from the concept that being a landlord is running a business you are.

your going to get a rude awakening when you emigrate let me tell you that much.

Could you develop on that final point. I don't understand what you mean.

QuiteInterestin · 19-11-2013 9:39pm

Slightly off topic here, but what would the tenants rights be in this situation? My understanding would be that once they've being living in the house for over 6 months they can stay up to 4 years unless the landlord wants it back for specific reasons. If they change their minds regarding about moving after handing in their notice, can they be made leave? Had a similar situation where I had agreed to let an apartment, but then the current occupants decided not to leave so I had to look elsewhere. No deposit or lease signed at the time though.

The_Morrigan · 19-11-2013 9:41pm

Thomas D, D3PO, cut out the off topic posting and take it to PM.
One more sniping post and I'll be handing out infractions.

MILF · 20-11-2013 9:41pm

QuiteInterestin wrote: »

Slightly off topic here, but what would the tenants rights be in this situation?

From my understanding on my research, the tenant can't be made leave. The Landlord can't go in and change locks or demand she leaves etc? Same as the letting agent can't make her either. It seems that the "laws" for want of a better word protect the tenant here because she can deem herself homeless if she is made leave. Both the landlord and the letting agent want her out but can't make her. Absolutely insane if you ask me! The Landlord/Letting Agent now have to take a case against her through the PRTB to get her out, which can take an age

Current tenant refusing to leave

Comments