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Tenants rent allowance suspended

  • 30-10-2015 3:39pm
    #1
    Registered Users, Registered Users 2 Posts: 33


    I have a tenant in a house for over 5 years now and she is a single mother of 2 in receipt of rent allowance. On occasion over the years the rent has been late (by up to 2 weeks sometimes) and sometimes she has contacted me to let me know 'the social welfare didnt lodge the money this month and she'll pay double next month'
    Last month was one of these occasions and today she informs me that she needs to provide an updated lease to the DSP as her rent allowance is currently suspended.

    Having covered the rent myself last month on the provision that I would get 2 months this month (due today) as this has happened before as mentioned, any advice on what I can do to get the 2 months rent ? Tried calling the Social Welfare office but no answer all day today and the phone just rings out.
    Im now owed 2 months rent and if the tenant doesnt get the rent allowance she isnt in a position to pay anything at all.
    I have obligations to pay the mortgage on the property but should the Social Welfare not have informed me as a PRTB registered landlord of the property that the tenants allowances were in suspension ?
    Do I have any recourse in this situation at all ? I cant afford to cover a 2nd months rent on the tenants behalf. Why should i be caused to default on the mortgage due to the social welfare / tenant issue ?

    Any advice appreciated !


Comments

  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    When was the last lease you signed with the tenant?


  • Registered Users, Registered Users 2 Posts: 33 fowlersleftpeg


    The last lease was signed about 6 months ago


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Social welfare won't deal with you at all and the ptrb won't get involved with social welfare either .
    Your best bet is looking into notice of arrears and possibly eviction proceedings


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    You're a landlord, like me, so unfortunately you dot really have any realistically enforceable rights.

    If your tenant decides to just stop paying you rent now, they can live there rent free for months and not a thing you can do about it without going to great expense.

    Thankfully very few tenants are actually like this (I am also a tenant as well as a landlord)

    So I don't believe there is anything you can do in this case in terms of SW unfortunately.

    Hopefully your tenant will get sorted soon


  • Registered Users, Registered Users 2 Posts: 33 fowlersleftpeg


    I have no issues with the tenant in general and would prefer not to evict if possible. But at the same time I cant let her live there for free !


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  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    Your tenant is lying to you, the DSP don't 'forget' to lodge money. She's been spending it and then making it up over the next month.

    I'd also be suspicious of it being suspended, especially since she didn't pay last month either. A lease that is 6 months old is fine to furnish to the DSP when they are doing a rent review, especially since it's still in date for another six months.

    I would organise with the tenant to get the portion the DSP pay to be lodged directly into your bank account each month (it can be done, I do it with my own landlord and then I pay my portion myself straight into his bank account) so at least you are getting the lion's share of the rent paid on time each month.


  • Registered Users, Registered Users 2 Posts: 33 fowlersleftpeg


    Thanks for the reply January. I have suspected that alright but as long as the rent was paid the following month I didnt really care. She sent me a pic of the letter she got from DSP saying they received her bank statements but require copy of the lease and reminding her that her rent allowance is in suspension until she provides it.
    Maybe the lease is more than 6 months old :-/ Will have to check out my records when i get home...


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    Definitely check it out when you get home, maybe she hasn't got a copy of the lease? Furnish her with one ASAP. I would definitely organise having the payment made into your account each month.


  • Registered Users, Registered Users 2 Posts: 33 fowlersleftpeg


    She wouldnt be the most reliable for documentation alright. Have said i'll provide her an updated copy in the morning. For the payment to be made into my account, is that something i need her to arrange or can i go straight to the DSP / SDCC and sort out myself ? As i said she isnt reliable for that kind of thing so if up to her itll be a long term struggle


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    It's something she needs to do unfortunately.


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    sorry January is wrong on this one. you can sort it out yourself. i have done it recently that is how i know. you need to write out a letter stating... i would like the rent allowance to be paid into my account. state the address of the property, the name of tent and your reg landlord details. print it out and get your tenant to sign it. mine was changed over in 2 weeks. leave it into her local social welfare office and address it to rent supplement. also write your phone number on it.

    best regarda


  • Closed Accounts Posts: 1,380 ✭✭✭haveringchick


    The DSP don't have any contract with you at all only with your tenant
    You will therefore have no comeback with them
    As she is in arrears you need to follow the sample letter of termination below
    http://www.prtb.ie/docs/default-source/disputes---carolyn's-docs/format-of-notice-of-termination.pdf?sfvrsn=2
    And follow the steps as shown on the PRTB website
    It's incorrect to say you have no rights
    You most certainly have
    You just have to follow the rules
    If you are a landlord you have to accept that you are actually a businessman and must approach this in a businesslike manner, so please don't become emotionally involved as nothing will be resolved. None of us who don't own our own homes can expect to live rent free.
    It would be fine if you could afford to cover her for a few months but you say you can't
    I know you say she's a good tenant but you need your mortgage paid and that's the bottom line


  • Registered Users, Registered Users 2 Posts: 571 ✭✭✭BonkeyDonker


    Sorry to hear this and as a tenant who recieves rent allowance the DSP dont "forget" to send out their payments, unless like in this case the payment is suspended.

    The one glimmer of hope I can give you is that the claim should be back dated once the relavant documentation is provided and the rent reinstated.


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Closed,perhaps a thread in the accommodation forum might get the OP more help.


This discussion has been closed.
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