Dealing with problem tenant

agrange

Hi all...appreciate any advice....
I am after getting complains about my tenent playing loud music, having loud friends in at night e.t.c. I spoke to him 3 or 4 times over the past 6 months and each time he said it was not him and he was being quiet. However it blew up somewhat last week when the Gardai were called and I have got verbal Garda confirmation that he was playing loud music and was fairly drunk when they called.

He is there 16 months into a 2 year lease. At this point I have verbal complaints from 2 neighbours and from the Management Co but nothing in writing. I accept that he needs to go as various complaints are there now, even if I dont have them in writing. One of the neighbours is particularly angry about the disturbance the night the Garda called.

I was advised by someone who has legal experience to give him 7 days notice, but I was thinking of issuing him notice in writing to leave by lets say end of Jan, which gives him time in Jan to go property hunting as 7 days with Christmas next week is unrealistic I think. If I do the 7 days notice and he says hes needs longer what do I do???? ....thats why I felt to try and agree a date with him.
Also with giving notice of terminating the tenancy due to anti-social behaviour, can I still collect rent until he moves? I dont have a problem with refunding the deposit provided no damage has been done other than normal wear and tear or indeed with refunding overpaid rent if he moves part way thru the rental month.

Also, do I have to notify the PRTB before I do anything. I was also told that he has a right to appeal my notice to the PRTB but in case he does that surely I would need a formal letter at least from the Management Co.

Any other advice appreciated....I have been renting 15 years and never had a problem so I want to make sure I handle this properly....
Thanks
Shane

athtrasna

Be very very careful. If the tenant makes a complaint about an illegal eviction due to short notice you could be in trouble if all the complaints are verbal. In a managed development the neighbours should complain to the management agent/directors of the management company who should keep a log of complaints and contact you about them. An eviction on verbal "evidence" could land you with a massive fine. Cover yourself and act entirely by the book.

Marcusm

You may have an issue; it needs to be serious anti social behaviour to warrant an eviction. I can't see how you could square that with giving 6 weeks notice. He doesn't sound to be any more than a difficult tenant rather than one engaged in serios anti social behaviours. Apartment blocks will have party issues most months.

Agent J

Be very careful and document *everything*. Try to get something in writing from the Gardai if possible and ask to be notified if they are called again.
Truth is someone can take you to PRTB if your tenant is being disruptive.

People do have parties but if some one is doing it so much that it has caused multiple complaints including getting the Gardai involved then it has crossed a line.

Judging from what you've said you've tried the diplomatic route and it has failed.

7 Days notice applies for Anti social behaviour. Granted as the other poster said this is normally aimed at *serious* antisocial behaviour but it's worth having a look at the definition.

See here for the legal definition of such in the 2004 Tenacies act

http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0017.html#sec17

C would seem to apply here based off what you are saying however you'll have to make the call on that.

Here is a link for Threshold as guide from the tenants POV

http://www.threshold.ie/advice/ending-a-tenancy/illegal-eviction/

And general guide from PRTB with a section on eviction. (P4/5)

http://www.prtb.ie/docs/default-source/good-landlord-guides/good-landlord-guide-(english).pdf?sfvrsn=4

http://www.prtb.ie/dispute-resolution/disputes/sample-notices-of-termination


Now. I assume the lease has a section on not being a dick your neighbours & keeping the place in good order. You could always see if they are involation of terms of the lease and give them notice based off of that which would be 28 days.

You don't have to inform the PRTB first but you better be prepared. Ask said people(And management company) who have complained for something in writing . Just tell them you are attempting to evict this person(If they don't want to help then remind them of that if they ever complain again)


Best of luck with it.

agrange

Thanks you very much athtrasna,Marcusm and Ajent J.

I think what coming out clearly is that I need to have the Management Co write to me formally with full details of how often this has happened, how many times the Gardai were out e.t.c. e.t.c. before I proceed further. Are the verbal complaints that were made before largely irrelevant as none were made formally in writing? These were made via text from one of his neighbours and as far as I'm aware the first time the Gardai were called was recently. I didnt take too much notice of what this neighbour was saying as my prior tenant made complaints to the Management Co about him and said he was banging and making noise at night.
My current tenant also claimed ( again verbally to me ) that this particualr neighbour was disturbing him by hitting the ajoining wall during the night..I hope I havent lost you with all that!!

Is it up to the Management Co to find out how many times the Gardai were called and what they found e.t.c. or is that up to me?

Should I give me tenant a letter of warning that I am aware the Gardai were out and that neighbours were upset about it and that I will be monitoring the situation very closely to ensure that he respects the neighbours and doesnt have music or loud parties at night? That way I have a written record of doing something.

thanks again everyone....

foggy_lad

This tenant and your previous tenant both told you that the neighbour was always banging on the walls and possibly accusing them of making noise? Did that neighbour call the gardai over this alleged noise? Has that neighbour made complaints to the management company then about the gardai being called out?

Sounds like the neighbour might be the problem and not your tenant? Some people are just not suited to the noise levels associated with apartment living and living in such close proximity to others.