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Is it a bit much...?

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  • 15-01-2014 11:11am
    #1
    ShriekingSheet
    Registered Users Posts: 3,476 ✭✭✭


    ...that after 8 months of residence in a rented house, with zero issues or missed payments, that we get threatened with eviction over the Jan payment being 3 weeks late?

    Honestly, I'm looking to be set straight if I am wrong in expecting more leniency, but I was just very shocked when the agent mentioned eviction.

    On the phone call I told him the situation, completely apologised and then a gave solution. What surprised and annoyed me was that the call went on far beyond that, into a lecture / threatening kind of tone.

    I can only assume they're legally able to kick us out, even though its a minor offence.

    Is this not all a bit much though?


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    #2
    ted1
    Registered Users Posts: 23,326 ✭✭✭✭ted1


    missing rent is not a minor offence.

    The fact you think its only a minor offence stinks, and indicates your poor attitude.

    no its not a bit much.
    and then a gave solution
    I hope the solution was the immediate payment of rent.


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    #3
    omega666
    Registered Users Posts: 595 ✭✭✭omega666


    ShriekingSheet wrote: »
    ...that after 8 months of residence in a rented house, with zero issues or missed payments, that we get threatened with eviction over the Jan payment being 3 weeks late?

    Honestly, I'm looking to be set straight if I am wrong in expecting more leniency, but I was just very shocked when the agent mentioned eviction.

    On the phone call I told him the situation, completely apologised and then a gave solution. What surprised and annoyed me was that the call went on far beyond that, into a lecture / threatening kind of tone.

    I can only assume they're legally able to kick us out, even though its a minor offence.

    Is this not all a bit much though?



    Without knowing the in and out's for the late payment I don't think it's a bit much. I doubt they will kick you out but are just laying down a warning to make sure it dosent happen again.

    You agreed to and are expected to pay the rent in full and on time every month. If your employer held back your wages for 3 weeks how would you react.


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    #4
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Legally if you miss a payment then the landlord can issue a verbal warning, then a written 14 day notice of arrears, and if the arrears are not cleared in the 14 days then they can issue a 28 day notice of termination.

    3 weeks late is not a minor issue. A day or two might be excusable if there is a genuine reason (banking issue etc), but there is no way you can let arrears go that long and not expect there to be repercussions.


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    #5
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    no its not a bit much. Rent is due when its due.

    Wow you paid on time for 8 months what do you expect a pat on the back ? LL is within their rights to start eviction proceedings if rent is late and he/she should do so.

    Your completely wrong to be expecting leniency. Do you think his bank will be lenient oh him missing a mortgage payment because of you ?

    As for giving him a solution unless that solution is to clear all outstanding rent within the 14 days provided in a letter of arrears then its not a solution and you should expect to get a letter of eviction (quite rightly too)

    your financial problems are not his. If your short rent borrow it off a friend or family member. You LL is not a personal overdraft facility for you.


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    #6
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    ShriekingSheet wrote: »
    ...that after 8 months of residence in a rented house, with zero issues or missed payments, that we get threatened with eviction over the Jan payment being 3 weeks late?

    Honestly, I'm looking to be set straight if I am wrong in expecting more leniency, but I was just very shocked when the agent mentioned eviction.

    On the phone call I told him the situation, completely apologised and then a gave solution. What surprised and annoyed me was that the call went on far beyond that, into a lecture / threatening kind of tone.

    I can only assume they're legally able to kick us out, even though its a minor offence.

    Is this not all a bit much though?

    I had rent arrive a day late because the rent due date was on a bank holiday and the standing order didn't go through until the following date. Landlord was on the phone pretty snappish.

    3 weeks late is completely unreasonable, especially if they had to contact you to find out why it was late.


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    #7
    Shedzafew
    Registered Users Posts: 55 ✭✭Shedzafew


    No, this is not a bit much. You didn't pay your rent when it was due. You waited 3 weeks until they came looking for it to offer a "reasonable explanation". You will not be able to make the LL out to be unreasonable in this instance as it is 100% on you.


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    #8
    witchgirl26
    Registered Users Posts: 2,088 ✭✭✭witchgirl26


    To be honest, I think your landlord has been quite nice in letting it go for 3 weeks. I've been late a couple of times with rent just due to bank transfers not going through etc. I think a day or so is ok as can happen the best of us but 3 weeks is a bit much. If you knew you were going to be late, then maybe discussing it with the landlord first & letting them know the situation would have worked but you can hardly blame them for their concern now.


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    #9
    Eldarion
    Registered Users Posts: 484 ✭✭Eldarion


    D3PO wrote: »
    Your completely wrong to be expecting leniency. Do you think his bank will be lenient oh him missing a mortgage payment because of you ?

    Just playing devil's advocate here but it really is hilarious how lenient the banks are for missed mortgage payments. There's tens of thousands of people missing their mortgage payments, some for YEARS and repos are not even on the cards.

    Just goes to show the difference between renting and buying. 3 weeks of missed rent is an outrageous scandal based on the vitriol in this thread, but 3 years of missed mortgage payments? Eh, business as usual.

    Btw, just to clarify I completely agree that 3 weeks late on rent is completely unacceptable, I just wish the same societal view was taken for mortgage repayments.


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    #10
    whippet
    Registered Users Posts: 7,672 ✭✭✭whippet


    ShriekingSheet wrote: »
    On the phone call I told him the situation, completely apologised and then a gave solution. What surprised and annoyed me was that the call went on far beyond that, into a lecture / threatening kind of tone.

    this is the bit that caught my eye .... my reading of this was that when the EA came looking for the already late rent; you only then decided to explain why you missed the rent and you decided to offer a 'solution' - when the only solution is to pay all due rent immediately ... and you seem put out that the EA didn't jump with joy and offer to bring you out for a pint!!

    it's like hearing tenants boasting that they were a 'model' tenant as they paid their rent on time ... as if it was an option to pay rent. A tenant who pays rent on time is a compliant tenant .. nothing more and nothing less!!!


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    #11
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Eldarion wrote: »
    Just playing devil's advocate here but it really is hilarious how lenient the banks are for missed mortgage payments. There's tens of thousands of people missing their mortgage payments, some for YEARS and repos are not even on the cards.

    Just goes to show the difference between renting and buying. 3 weeks of missed rent is an outrageous scandal based on the vitriol in this thread, but 3 years of missed mortgage payments? Eh, business as usual.

    Btw, just to clarify I completely agree that 3 weeks late on rent is completely unacceptable, I just wish the same societal view was taken for mortgage repayments.

    Your actually completely wrong. Firstly a missed mortgage payment will draw interest and penalties so there is no leniency applied by the banks in that regard.

    secondly the repo discussion its completely irrelevant here and its getting way off topic but evicting somebody who refuses to leave isn't a quick or straightforward process either.

    lets not derail the thread and stick to the facts. OP shouldn't expect leniency.


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    #12
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    OP see it from the LL point of view. He/She has no idea you are going to pay, probably has a mortgage to pay themselves and is going to be stressed out about this. Give them the same slack you're expecting.

    3 weeks is a bit much, it might have been different if you had made contact on day 1 and paid what you could. It doesn't sound as if you've done that.

    EDIT: My spelling is pretty poor so I'm not picking just saying some of the spelling mistakes in this thread are pretty funny!


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    #13
    GreeBo
    Registered Users Posts: 27,114 ✭✭✭✭GreeBo


    Did you let them know in advance that it was going to be late?


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    #14
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    witchgirl26 wrote: »
    To be honest, I think your landlord has been quite nice in letting it go for 3 weeks. I've been late a couple of times with rent just due to bank transfers not going through etc. I think a day or so is ok as can happen the best of us but 3 weeks is a bit much. If you knew you were going to be late, then maybe discussing it with the landlord first & letting them know the situation would have worked but you can hardly blame them for their concern now.

    Elephant in the room. Same rights should apply to both, proceedings should be initiated immediately when the payment is late, not a couple if years down the line


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    #15
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    Eldarion wrote: »
    Just playing devil's advocate here but it really is hilarious how lenient the banks are for missed mortgage payments. There's tens of thousands of people missing their mortgage payments, some for YEARS and repos are not even on the cards.

    Just goes to show the difference between renting and buying. 3 weeks of missed rent is an outrageous scandal based on the vitriol in this thread, but 3 years of missed mortgage payments? Eh, business as usual.
    I don't think the two things are directly comparable. Both the banks and the government have created a situation whereby missing mortgage payments is acceptable. A bit of a generalisation but they are both allowing that situation to arise and pass without action due to their own agendas. i.e. not wanting to repossess as they don't want to flood the market with property. If this sort of fudging wasnt going on (i.e. if this was handled normally - like in any other country), then missed mortgage payments on an ongoing basis definitely would NOT be tolerated.


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    #16
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Scortho wrote: »
    Elephant in the room.

    Ah come on now... I only put on 2lb over Xmas and I'm down a stone and a half since the end of November.


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    #17
    witchgirl26
    Registered Users Posts: 2,088 ✭✭✭witchgirl26


    Scortho wrote: »
    Elephant in the room. Same rights should apply to both, proceedings should be initiated immediately when the payment is late, not a couple if years down the line


    Did you mean to quote Eldarion's post & not mine? :)


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    #18
    ShriekingSheet
    Registered Users Posts: 3,476 ✭✭✭ShriekingSheet


    Thanks for the replies - I had no idea it was such a big deal. Ive never been in this situation with rent over the years. Certainly have changed my perspective.


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    #19
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    If you were aware that the rent was going to be late and did not inform the landlord I think he has a point in threatening you with eviction. Too many people here think that the landlords are just sitting back and watching the money roll in. It's a business the same as any other business. The landlord has outgoings which in many cases are paid from rent received. He may have direct debits and standing orders in place which use the funds received from rents to pay.
    I have no doubt the tentant would be quick enough to start quoting the lease agreement terms


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    #20
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    ShriekingSheet wrote: »
    Thanks for the replies - I had no idea it was such a big deal. Ive never been in this situation with rent over the years. Certainly have changed my perspective.

    Good stuff! icon14.png


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    #21
    Scortho
    Closed Accounts Posts: 3,876 ✭✭✭Scortho


    witchgirl26 wrote: »
    Did you mean to quote Eldarion's post & not mine? :)

    Ah balls


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    #22
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    GreeBo wrote: »
    Did you let them know in advance that it was going to be late?
    Doesn't sound like it but it's irrelevant! As another poster said, the landlord is not a personal overdraft facility. If the OP needed short term credit they should arrange it with a bank or friends and family, not put it upon their landlord like that. It's taking liberties in the extreme.


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    #23
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    murphaph wrote: »
    Doesn't sound like it but it's irrelevant! As another poster said, the landlord is not a personal overdraft facility. If the OP needed short term credit they should arrange it with a bank or friends and family, not put it upon their landlord like that. It's taking liberties in the extreme.

    No harm in making a phone call I guess. If the landlord says no then so be it, but not everyone is living on the bleeding edge financially, and for a good tenant may be willing to be flexible for a pre-warned emergency situation.


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    #24
    witchgirl26
    Registered Users Posts: 2,088 ✭✭✭witchgirl26


    djimi wrote: »
    No harm in making a phone call I guess. If the landlord says no then so be it, but not everyone is living on the bleeding edge financially, and for a good tenant may be willing to be flexible for a pre-warned emergency situation.

    Exactly. I had to do it before - changed jobs & there was a slight issue with my first months pay. Rang the landlord & explained the situation - that my work said it'd be about a week between getting me the cheque & it clearing into my bank & that I'd transfer the rent straight away once I had that. It wasn't a big deal then as the landlord knew what was going on & that it was a one-off & why.


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    #25
    Ray Palmer
    Registered Users Posts: 8,364 ✭✭✭Ray Palmer


    djimi wrote: »
    No harm in making a phone call I guess. If the landlord says no then so be it, but not everyone is living on the bleeding edge financially, and for a good tenant may be willing to be flexible for a pre-warned emergency situation.

    Emergency maybe, but straight after Christmas do you think it was an emergency or over spending?

    A tenant after 8 months can't build up that much good will in my opinion.


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    #26
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    djimi wrote: »
    No harm in making a phone call I guess. If the landlord says no then so be it, but not everyone is living on the bleeding edge financially, and for a good tenant may be willing to be flexible for a pre-warned emergency situation.
    But you wouldn't be so cheeky as to ask Tesco to let you eat their food for 3 weeks before you paid them. It's a business relationship to be treated as such. To me a tenant who asks for a 3 week interest free loan is as bad as a landlord who waits 3 weeks to fix a broken heating system. Neither are acceptable in this business relationship. It should be professional, from both sides.

    Some landlords might be a bit soft and feel pressured into agreeing an interest free loan, when they don't really want to. It's just not on asking someone who isn't either a bank or a very close friend or family for credit like that.

    If your landlord asked you for a loan of a few hundred quid for 3 weeks how would you feel?


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    #27
    Mrs OBumble
    Registered Users Posts: 25,743 ✭✭✭✭Mrs OBumble


    Exactly. I had to do it before - changed jobs & there was a slight issue with my first months pay.

    So what would you do if you got sick and couldn't work for 2-3 months?

    You'd probably get welfare, but that takes months to start paying.

    What exactly would you eat or pay the rent with in the meantime?



    NB it doesn't really matter who the above quote was from. I'm just railing against the fact that so many people seem to live from pay-cheque to pay-cheque, with no thought of having a emergency stash of cash to cover interruptions to the pay cheques. Pure daft, IMHO.


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    #28
    witchgirl26
    Registered Users Posts: 2,088 ✭✭✭witchgirl26


    Mrs OBumble wrote: »
    So what would you do if you got sick and couldn't work for 2-3 months?

    You'd probably get welfare, but that takes months to start paying.

    What exactly would you eat or pay the rent with in the meantime?



    NB it doesn't really matter who the above quote was from. I'm just railing against the fact that so many people seem to live from pay-cheque to pay-cheque, with no thought of having a emergency stash of cash to cover interruptions to the pay cheques. Pure daft, IMHO.

    I would talk to the landlord in that situation about re-assigning the lease if it came to it. The reason I talked to them in the first place about the week was because I had been living off emergency cash I had saved as there was a gap in my employment (start date in new job was a while after finishing in previous job). I didn't have the full amount to cover the rent without the first months pay.

    I don't agree with living pay-cheque to pay-cheque either but sometimes things happen. The point I was making was that if you know you'll be late with the rent, talk to the landlord first and then try to arrange something like a family loan if it's going to be longer than a few days. Don't sit there & wait till the landlord contacts you cause there's no rent.


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    #29
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Mrs OBumble wrote: »

    NB it doesn't really matter who the above quote was from. I'm just railing against the fact that so many people seem to live from pay-cheque to pay-cheque, with no thought of having a emergency stash of cash to cover interruptions to the pay cheques. Pure daft, IMHO.

    I agree with you but I also recognise that many people have no option but to leave pay cheque to pay cheque


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    #30
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    Personally if you have a good reason your landlord is being unfair in my opinion just try to talk it out with them. Also remind your landlord "eviction" is not as easy as he might think ! Contact the PRTB or threshold for advice.


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    #31
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    Ps: my overstaying tenant owes me almost 4k and I have a PRTB case coming up so maybe I am not the best person to get advice of lol
    A neighbour nearby has been stung for almost 10k in rent as a family stopped paying, refused to move out and just lived there rent free for 10 months the PRTB are a total joke also.


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