Should I increase the rent? What would you do in this case?

cerastes

mikemac1 wrote: »

What happened you OP? You used to be a reasonable guy who came here for advice

She is there 3.5 years and if you want her to leave you have to give 12 weeks notice
http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

Now you are telling her to get out by January 1st .

Herself and her fella may have been nightmare tenants but they paid the rent and you may have just hung yourself for not giving the proper notice.

He can give his notice any time inside the 4 years, can be 112 days in advance of the end of the lease so long as it doesnt end before the lease or up till the last day (but i wouldnt wait that long in case someone made themselves scarce intentionally).
Current notice is not long enough, hence my previous comments, Id tread carefully OP, tell them you cooled off so long as they arent unreasonable demands coming left right and centre, tell them you will deal with reasonable demands but that they scuppered the rent they were on, then maybe tolerate some negotiation and everyone feels like they might have come out of it worse.
Still, you rightly managed to screw it up OP, you had all the cards and fecked them away.

allibastor

Help!!!! wrote: »

I wonder would you be so calm if it happened to you?

How do you mean,

I would not be calm if I was the landlord, but as this lady has been a long term tenant she DOES have some rights. Plus the landlord has now gone on a public forum and given out some details he should not have.

Plus, as mentioned before, by me, the LL at this moment cannot 100% prove your man is a tenant or not. When I lived in my first place my GF more or less lived with me, but my name was on the lease and all the bills, so it wasn't a thing to be proven.

Help!!!!

allibastor wrote: »

Plus, as mentioned before, by me, the LL at this moment cannot 100% prove your man is a tenant or not. When I lived in my first place my GF more or less lived with me, but my name was on the lease and all the bills, so it wasn't a thing to be proven.

Well if the guy's claiming rent allowance at the property it wont be hard to prove he's living there

allibastor

Help!!!! wrote: »

Well if the guy's claiming rent allowance at the property it wont be hard to prove he's living there

Yeah, it wont be hard for the social to prove.

It will be hard for the landlord as he wont have access to the same records the social have, and him basing his idea on what he thinks will get him in trouble.

You can argue with facts, but until you have all the facts don't argue!!!

drumswan

Brilliant management of the tenancy OP, you went from being reasonable to blackmailing your tenant into an illegal eviction, leaving yourself wide open to the very PRTB action they were threatening you with

SteelyDanJalapeno

No idea how this has turned into such a car crash

allibastor

TiltedBrain wrote: »

No idea how this has turned into such a car crash

The OP was given very good advice at the start of the forum but chose to pick a fight with the tenants or let them pick a fight with him and rile him up.

Just a lesson to all landlords, if you get trouble with your tenants, keep your head about you at all times and sort the issue within the contract.

antoinolachtnai

Landlord gave notice of a rent increase and the tenant decided to give short notice to move out , and the landlord graciously consented? There was a bit of graphic language but I don't see what the big deal is here. The notice periods are not relevant, because the tenant gave notice, not the landlord.

drumswan

antoinolachtnai wrote: »

Landlord gave notice of a rent increase and the tenant decided to give short notice to move out , and the landlord graciously consented? There was a bit of graphic language but I don't see what the big deal is here. The notice periods are not relevant, because the tenant gave notice, not the landlord.

The tenant gave notice while crying and being threatened with ending up in jail...

antoinolachtnai

So what? Notice is really notice. I can't see the duress really. Advice is not duress. The tenant had the opportunity to get independent legal advice, and there is no sign that the tenant is in any sense vulnerable.

All the tenant can do PRTB-wise is claim the notice isn't valid and if that happens, the OP will just give notice again when the tenant doesn't pay the full rent and has been given notice in relation to arrears notwithstanding the original valid notice. The landlord cannot incur a fine or damages for accepting short notice. The tenant might at a later stage make case in relation to an eviction order that proper notice was not given, but I don't think they'd succeed and even if they did succeed it wouldn't result in a fine or damages. The tenant would also be running up rent at the new higher rate in the interim.

Mr_Red

Wow what a car crash of a thread

I an thinking the all the advice from tenants and landlords here was excellent and everyone was on your side but then........

drumswan

antoinolachtnai wrote: »

So what? Notice is really notice.

This is farcical. Taking this to the extreme logical conclusion it would be OK for the landlord to turn up with a baseball bat demanding the tenant be out sooner than her legal rights allow for and as long as the tenant "agrees" it would be ok.

The OP has made a right bollix of this. Threatening and blackmailing a tenant out before her legally allowed notice period is textbook illegal eviction.

Help!!!!

drumswan wrote: »

This is farcical. Taking this to the extreme logical conclusion it would be OK for the landlord to turn up with a baseball bat demanding the tenant be out sooner than her legal rights allow for and as long as the tenant "agrees" it would be ok.

The OP has made a right bollix of this. Threatening and blackmailing a tenant out before her legally allowed notice period is textbook illegal eviction.

The tenant is illegally getting rent allowance for her BF ( otherwise she wouldn't be so quick to hand in her notice), the OP is within her rights to report any illegal activity on her property. Would you not do the same?

El_Duderino 09

Ah here, a bit of perspective please.

The OP told her she might be spending Xmas in jail IF she had been involved in some kind of crime relating to rent allowance for her BF. If she was innocent she would surely have sang a song about PRTB rather than begging him not to report them.

She has broken the Tenancy agreement and, if he is in fact in receipt of rent allowance, it is unlikely that it could be happening legally without the LL being involved.

So the OP decided he wanted them out ASAP and made that happen. He might or might not have been totally by the book and it is fair to question that. However I don't support the tenant flouting the law and bashing the OP over the head with the same law and expecting him to behave like an alter boy.

He wanted them out and they have offered their notice. The OP has decided not to investigate whether there was any funny business with rent allowance so everyone is doing okay out of the solution.

The OP didn't initiate any of this but it escalated and he dealt with it so both parties can move on. OP gets new tenants, current tenants won't be investigated for any naughty business whether they engaged in it or not.

It's win - win. Fair play OP

kandoola

Perspective is definitely required.
Please put down the pitchforks people.

The facts.

I listed issues in the OP which annoyed me.
All have been dealt with. They still annoyed me though. Thats why i posted them.

A good tenant has had a good deal for years and is now taking the p1ss.

Rent is being increased to the market rate in the area. Written notice delivered.

Heated phone conversations and then revelations about rent allowance have arisen with someone who is definitely living there (loads of proof of that. (Texts, emails etc from him for ages easily show he is living there) and was not originally a tenant or approved. Although i really dont care who she has living there with her if she wants to pay the rent and it doesnt cause me trouble.

I am going to report them and told them this because i did not give my permission to live in my apartment with rent allowance.

She has the following options.

She can pay the new rent from 1st of Jan if she wants and stay. I have given her the option of giving me 28 days notice if she doesnt like the new terms or she can give her required notice period which is much longer. But she pays the new rent amount form the date specified in the notice of rent increase. I wont be giving her notice.

She can go to the PRTB about the rent if she likes, but im 100% its a fair rent so she will end up paying it anyway.

If she avails of my offer that i will accept a shorter notice to quit then she doesnt end up paying higher rent. We are all happy.

And after thinking about it overnight, i was going to just drop the rent allowance thing if she moved out, but I have now decided it might be my duty as a tax payer to report suspected fraud to both the Gardai and the CWO. I dont know yet. Maybe when i cool down i wont bother. Its been my experience before that these kind things are treated as an annoyance when reported to various parties, rather than treated as a crime.

And i'm not in the least inclined to 'Talk to and Give these people a break'. Im sick of hearing their voices and getting texts and emails from them if truth be told.

I think im being completely reasonable.

Since the pitchforks are out I'll just leave this thread now and will come back when its all done and dusted with an update of what happened if any reasonable people want to know.

murphaph

Hope it works out for you.

mikemac1

kandoola wrote: »

I am going to report them and told them this

You will report them

kandoola wrote: »

And after thinking about it overnight, i was going to just drop the rent allowance thing if she moved out,

Now you won't

kandoola wrote: »

but I have now decided it might be my duty as a tax payer to report suspected fraud to both the Gardai and the CWO.

Now you will report them

kandoola wrote: »

I dont know yet.

You're not sure

kandoola wrote: »

Maybe when i cool down i wont bother.

Now you won't

kandoola wrote: »

I have a mate who is a professional landlord but i feel his advice is more hard line than i need, so looking for some options here.

Pay your mate to handle your affairs is my advice, renting a property is a business and this situation could have been handled last year

kandoola

mikemac1 wrote: »

You will report them


Now you won't


Now you will report them



You're not sure


Now you won't




Pay your mate to handle your affairs is my advice, renting a property is a business and this situation could have been handled last year

Thats a very childish post right there tbh.
Why bother.

dixiefly

mikemac1 wrote: »

You will report them


Now you won't


Now you will report them



You're not sure


Now you won't




Pay your mate to handle your affairs is my advice, renting a property is a business and this situation could have been handled last year

I think that this is a bit ott.

The OP came on here looking for advice as an inexperienced LL so the whole premise of the thread is that the OP is unsure as to what to do so all you did was look for evidence to confirm what the OP has said at the outset.

The OP is going to get an agency to manage the letting going forward but cannot be criticised for not doing so in the past as , up to now, there havent been any issues.

If it was me I would take the advice of the poster that said to increment the rent in two stages with half the increase now and a pre-warning for the additional increase in 12 months. It would soften the blow and also confirm who is boss without having to get new tenants (assuming they accept) and new tenants possible coming with their own issues.

Graces7

And all this because they made a few requests of the landlord that he deemed inappropriate as heaven forbid he might have to service his property..... beggars belief

yankinlk

Graces7 wrote: »

And all this because they made a few requests of the landlord that he deemed inappropriate as heaven forbid he might have to service his property..... beggars belief

sorry, but no way. at what point did landlords become hoteliers? when did tenants drop all personal responsibilities? change a lightbulb? buy me a mat to wipe my feet? toilet paper is next....

i dont agree with everything the OP did on thread, but i understand his frustration with a tenant that changed behaviour after meeting a new (non paying) boyfriend and started making demands. especially at a time when rental market turned, tenant should have known they were getting a great deal and been thankful, not demanding.

landlords are expected to provide the housing the governments have FAILED to provide, and to do it out of the goodness of their heart, not for profit.

landlords are expected to step in and provide accomodation to the part of society that feels entitled, thru past government initiatives that basically make them helpless children, and fail to learn to budget or even to establish good credit.

landlords are expected to be the last hope of the unhousable, the keepers of the ASBO's and to step in and deliver stern warnings, and demand tenants behave the way the rest of society wants them to behave.

why would anyone want to become a landlord? taxed tp the hilt, withered by tenant, neighbour, vilified by the entitled classes.

jank

cerastes wrote: »

No its not, you're talking out your back passage, that kind of advice will get the OP hung out to dry.
Look up the PRTB website OP, At this point it'll be 112 days .

I stand corrected. Never knew it was that long!

Anyway, I would report them regarding the rent allowance. They/he are effectively defrauding the state and using your property to do so. For all you know they could be using your name and forging your signature. That would piss me off enough to report them. What they are doing is illegal.

cerastes

jank wrote: »

I stand corrected. Never knew it was that long!

Anyway, I would report them regarding the rent allowance. They/he are effectively defrauding the state and using your property to do so. For all you know they could be using your name and forging your signature. That would piss me off enough to report them. What they are doing is illegal.

A landlord could get in serious trouble for not giving the required notice, PRTB may come down hard on that, but then not equally on a tenant that is creating problems.

As for the RA, well I understand where you are coming from, but as the RA (SW now) dont seem to care/want to know, its not my problem, unless Im not getting the money, I just dont see what the benefit of reporting them is as it might get the rent cut off.

Graces7 wrote: »

And all this because they made a few requests of the landlord that he deemed inappropriate as heaven forbid he might have to service his property..... beggars belief

In fairness, I think this was about more than just a few requests to fix stuff, its about a tenant that had a good deal, breached the lease and didnt have the cop on to discern between what was really the landlords job and being tedious.
It beggars belief that people think a landlord should change light bulbs, save up the contacts with them for important stuff, pissing them off is just as likely to have them up a favourable rent to get rid of a tenant. At 300 on the good side of rent, Id have kept my gob shut and the only thing Id be concerned about is that a boiler service is done.

keane2097

Struggling to pick out any of the OP's actions that are suggestive of someone who wanted a quieter life rather than more rent.

Assuming I missed the old "tell the tenant I want a quiet life" gambit somewhere before the 50% rent increase, illegal eviction notice and threats of letters to the minister?

ted1

Graces7 wrote: »

And all this because they made a few requests of the landlord that he deemed inappropriate as heaven forbid he might have to service his property..... beggars belief

And where paying below market rate, and breached the lease by moving in an unapproved tenant. And said tenant was abusive to land lord

housetypeb

Graces7 wrote: »

And all this because they made a few requests of the landlord that he deemed inappropriate as heaven forbid he might have to service his property..... beggars belief

Beggars belief that the difference between a request and a demand would need to be explained. Have a careful read of the first post again.
quote "And threatening to go to the PRTB if I dont sort them all out with two weeks etc. (which i have)"quote

Graces7

My opinion stands and grows.

timetogo

keane2097 wrote: »

Struggling to pick out any of the OP's actions that are suggestive of someone who wanted a quieter life rather than more rent.

Assuming I missed the old "tell the tenant I want a quiet life" gambit somewhere before the 50% rent increase, illegal eviction notice and threats of letters to the minister?

Did you read post one where he said he was happy to leave the rent alone until he started getting all of the hassle.

wandatowell

kandoola wrote: »

Limescale in showerhead - I put it in a basin of hot water and calgon for a few hours and wash it out. Fixed.
Microwave - i have exactly the same one so i swapped them. I cleaned the one from the apartment and it works perfectly in my house.
Mat - I just go to the local hardware shot and buy one for a tenner.
Doors sqeak - Oil them
Ring on cooker not working. Ive had hobs with only 3 rings working for years in the past. Use the other 3.
Stopper - €1 in the hardware shop.
Windows - Clean them. Ground floor
Hoover not working - Of course no the tube was full of paper and hair. A coat hanger to push them out did the trick.

If they dont move out sure im getting €4200 a year extra so that should ease the pain of the hassle of the trivial stuff.

Do you really think that "hassle" is worth €4200?

You could do all those jobs on a quiet afternoon in fairness.

If I was you, I would increase the rent regardless. More money out of them the better.

ted1

wandatowell wrote: »

Do you really think that "hassle" is worth €4200?

You could do all those jobs on a quiet afternoon in fairness.

If I was you, I would increase the rent regardless. More money out of them the better.

In 5 years that's 21,000 ...

Or for someone earning 20 euro an hour that's over 5 weeks work. And tbh it's not that much hassle for the op