Help with bad tenants

Sami123

Hi. I was wondering if anybody could be of help.

Wabbit Ears

If you haven't done so already issue a proper and absolutely by the book notice of arrears and then and absolute by the book notice of eviction.

The ptrb website had all the details on what's required for these.


Also decide if you are evicting them because of non payment or evicting them because you want to take possession of the house.


If it's the latter then you do actually have to take possession of it, you can't re-let it in the short term.

I'd advice going the route of taking possession of the house. It's much more clear cut in terms of evictions and notices etc. Again, make sure it's all by the book as you wilL most likly have to go through the ptrb and then the courts if they refuse to move.

Sami123

Thanks so much. Yes i sent 14 day warning to pay and then when no response i sent the 28 day eviction letter

zef

Sami123 wrote: »

Hi. I was wondering if anybody could be of help. I became an accidental landlord about 5 years ago when i lost my job and couldnt maintain mortgage so for fear of losing our home we rented it out to a couple and their child. We moved in with my mum. They seemed grand full of promises on up keep of house as i was very proud of my home and how nice i had it. They started to become late on payments and was constantly chasing them they would eventually pay after excuses about bank not open bla bla. Then over two months ago they stopped paying no excuses. Their still in full time employment. Havent said why their jot paying just that their not. They are now 2600 outstanding and because we are trying to keep up mortgage we have nothing left to live on and with 2 smalls kids im really stuck. I suffer with depression and was doing ok but now i am back in a bad place and cant sleep or eat worried about my kids. I had been renting for years in my 20's before i bought and there was nothing about prtb so only found out about this when this trouble started. I presumed things like this didn't apply to me as i was doing it to make money, just to cover mortgage, infact similar houses are renting for 1450 but i was just getting 1200 as thats what the mortgage is. Their eviction day is monday and they said they are not moving. I have told them we need to move back in which we do or we will be homeless and i have also been to the guards to tell them the situation and that we were threatened to stay away i also informed them of the damage they have done which i saw when they eventually let me in to look around a couple of weeks ago. Please help me im desperate. 😢

Hi, there are a few things that don't ad up to me in your post- you obviously were not planning to move back in but to continue renting the property out for cash until your renters stopped paying you.
How will you be homeless when you are living with your Mum?
Are you saying that despite having the wit and acumen to purchase a house, you did not realise that as a Landlord you have to register with the PRTB?

"In all circumstances where the application to register is received by the PRTB later than one month from the tenancy commencement date, the late fee applies. The late fee is set at double the standard fee per tenancy. The Residential Tenancies Act 2004 does not provide for any exemptions from the requirement to pay the late fee. The PRTB therefore has no power or discretion to waive the late fee in any situation, regardless or the circumstances or reason for delay."- from PRTB Website
Thats 90 x 2 x 5 years = 900e.
Not to mention from what you've said above, that the money goes straight from the tenants to cover your mortgage.
I'd get a good solicitor if I were you.

beauf

See if you can sell it to the bank.

ted1

Sami123 wrote: »

Hi. I was wondering if anybody could be of help.

How bad? if there doing illegal stuff it's easy to get them out, if there simply not paying then contact the PTRB and your solicitor and also your bank because it might take a year to get them out so a break in your mortgage may be needed

April 73

Looks like the OP has closed their account.
Hard to know what to advise someone who knew nothing about the legislation when renting out a property (or I'm guessing the tax laws) but wants the protection of the law when things go wrong.
First thing I would do would be to register the property with the RTB. I think the payment would be €90 x 2 though or maybe €90 x 2 x 2. You only have to register a tenancy once every four years.

I'd also check the lease (if there is one) to confirm exactly how long the tenants are there - just in case they are in the Part IV break period after four years.

The bigger problem the OP will have is when Revenue come knocking.

c montgomery

April 73 wrote: »

Looks like the OP has closed their account.
Hard to know what to advise someone who knew nothing about the legislation when renting out a property (or I'm guessing the tax laws) but wants the protection of the law when things go wrong.
First thing I would do would be to register the property with the RTB. I think the payment would be €90 x 2 though. You only have to register a tenancy once every five years.

Hello
Does that mean that if my prtb registered tenant stays on past the 1 year agreed contract I don't have to re-register for the next 4 years provided they stay?

tuisginideach

You have to register the tenancy within 1 month of beginning and (if at least any 1 of the tenants remain on) again after 4 years.

April 73

c montgomery wrote: »

Hello
Does that mean that if my prtb registered tenant stays on past the 1 year agreed contract I don't have to re-register for the next 4 years provided they stay?

Sorry I made a mistake and was editing the post when you copied it in the reply. You do need to register & pay the new fee after four years.

athtrasna

As the op has closed their account, thread closed.

Mod