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After 28 Day notice

  • 13-06-2015 7:10am
    #1
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭


    What happens after the 28 Day notice assuming tenant still has not paid up over due rent and they refuse to leave the property ?


Comments

  • #2
    Cuddlesworth
    Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    Did you issue 14 days notice of arrears first?


  • #3
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Cuddlesworth wrote: »
    Did you issue 14 days notice of arrears first?

    Yes by the book


  • #4
    Cuddlesworth
    Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    Off to the PRTB then.


  • #5
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Cuddlesworth wrote: »
    Off to the PRTB then.

    How long does that take is it legally binding ? What if they still dont move ?


  • #6
    Cuddlesworth
    Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    Notice of arrears,
    eviction notice,
    PRTV judgment,
    District court judgement
    eviction order with sheriff.

    Maybe a year, give or take a few months.


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  • #7
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Cuddlesworth wrote: »
    Notice of arrears,
    eviction notice,
    PRTV judgment,
    District court judgement
    eviction order with sheriff.

    Maybe a year, give or take a few months.

    A year for the PRTB to make a decision maybe. Then there is the appel time. Then the rest!


  • #8
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    godtabh wrote: »
    A year for the PRTB to make a decision maybe. Then there is the appel time. Then the rest!

    The system needs to be replaced


  • #9
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    handlemaster wrote: »
    The system needs to be replaced

    Replaced? no its fine, nothing is wrong, its not broken and doesnt need to be fixed, that would at least point to the huge problems and would need to be accepted first.

    This is a problem created by a policy not to throw people out on their ears, no matter how bad they are, because that will look bad, I'm sympathetic if people fall on bad times, but in reality this isnt what the problem is about.


  • #10
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    What happens if during the 28 Day notice the tenant pays over due rent ? As they could keep doing this process over and over


  • #11
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    handlemaster wrote: »
    What happens if during the 28 Day notice the tenant pays over due rent ? As they could keep doing this process over and over

    The 28 day notice is an eviction notice.

    If they pay during the 14 day notice, yes, they can do this over and over basically.

    If they pay within the 28 day notice of eviction, you can still evict them because they didn't pay within the 14 days notice of arrears.


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  • #12
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Can additional issues or reasons be added to the eviction notice such as terms of the contract not been adhered to ? Or only what was pointed out on 14 day notice


  • #13
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    handlemaster wrote: »
    Can additional issues or reasons be added to the eviction notice such as terms of the contract not been adhered to ? Or only what was pointed out on 14 day notice

    Well, you can give him/her 28 days notice for breach of the lease, if they break other conditions on the lease. This will forego the need to give them 14 days to pay the rent, you can just issue a 28 day notice for breach of lease, IF other clauses in the lease have been broken.

    It's not going to get them out any quicker, though.

    If you have a tenant refusing to pay up and refusing to leave, you're looking at 12+ months til they can legally be removed.


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