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House bought at auction, tenant in situ, I want to move in

  • 15-07-2016 8:05pm
    #1
    Posts: 0


    Hi

    So recently bought an auction property with tenants in there

    So I went and visited them to inform them of my notice and intentions. The tenancy agreement was from 2013 but they have now said they were there from 2011. I requested proof and she has come back saying her solicitor wants a written request. So I have decided to give her written requests, 140 days notice and 90 days notice of rent increase as the rent was crazy low

    She got her old landlord prior to 2013 to contact me. He is a well know character, who informed there was no tenancy contract and he collected the rent in cash before the banks took the properties, yes receivership. Now the other twist is this tenant works for his wife.

    I have asked who her solicitor is and she said the immigration bureau, so getting screwed by my own tax money lol.

    I gave her notice to vacate, rent increase and other requests and asked her to sign that she received but she went to her solicitor and came back saying she will post it to me. I responded saying I will collect it but she doesn't want that, personally I don't feel I should disclose my own address to her, I have told her I intend to move in as I am renting

    What's yer thoughts on this

    I know the previous landlord obviously didn't want the banks or revenue knowing he was getting rent and she still is employed by his wife


Comments

  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    have you registered with the RTB?


  • Registered Users, Registered Users 2 Posts: 1,299 ✭✭✭moc moc a moc


    personally I don't feel I should disclose my own address to her

    Get a PO box


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    A tenant is legally entitled to contact details for their landlord


  • Registered Users, Registered Users 2 Posts: 1,197 ✭✭✭housetypeb


    Why bother to raise the rent if you want her to vacate 50 days after it comes into effect ? seems pointless,and complicates things.


  • Posts: 0 [Deleted User]


    housetypeb wrote: »
    Why bother to raise the rent if you want her to vacate 50 days after it comes into effect ? seems pointless,and complicates things.

    More to do with the fact they might over hold because they enjoyed rent about 60% of market value. My thinking is if the rent goes up to market rates they might be more inclined to look harder


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  • Posts: 0 [Deleted User]


    athtrasna wrote: »
    A tenant is legally entitled to contact details for their landlord

    Thing is I bought the house and want them to vacate, so only a temporary landlord so not inclined to give them too much personal info


  • Posts: 0 [Deleted User]


    4ensic15 wrote: »
    have you registered with the RTB?

    No but will be so nothing comes back to haunt me


  • Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    I don't have any advice but I just had to verbalise how ridiculous this is. The house has been purchased to be lived in and the tenant is making all the signs of refusing to get out. I went to view a property a month ago. The poor estate agent was mortified because the tenant didn't turn up even though the viewing was pre arranged and they had agreed. He ended up standing outside with four couples all watching him ring/text the tenant. Total joke


  • Registered Users, Registered Users 2 Posts: 473 ✭✭utmbuilder


    you should be in for a long ride if they over hold, get registered with the RTB and hire a solicitor


  • Registered Users, Registered Users 2 Posts: 2,528 ✭✭✭NinjaTruncs


    Did your solicitor know it was let when you bought it? I'm surprised they didn't insist on it being vacant. Can't offer much help on getting them out though.

    4.3kWp South facing PV System. South Dublin



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  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    The tenant is doing the right thing.

    You bought a house that was occupied and instantly slapped the tenant with BOTH a price increase and an eviction notice. That's harsh. No wonder they have, rightly, dug their heels in.

    I'm curious as to what you actually expected to happen and why you bought a house that had sitting tenants?

    So, Just to be clear OP, you know when you look at the news people talk about Vulture funds and Evil landlords, they're referring to people like you. You're the bad guy in this story.


  • Registered Users, Registered Users 2 Posts: 4,461 ✭✭✭Bubbaclaus


    The tenant is doing the right thing.

    You bought a house that was occupied and instantly slapped the tenant with BOTH a price increase and an eviction notice. That's harsh. No wonder they have, rightly, dug their heels in.

    I'm curious as to what you actually expected to happen and why you bought a house that had sitting tenants?

    So, Just to be clear OP, you know when you look at the news people talk about Vulture funds and Evil landlords, they're referring to people like you. You're the bad guy in this story.

    OP is perfectly entitled to live in their own house


  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    The tenant is doing the right thing.

    You bought a house that was occupied and instantly slapped the tenant with BOTH a price increase and an eviction notice. That's harsh. No wonder they have, rightly, dug their heels in.

    I'm curious as to what you actually expected to happen and why you bought a house that had sitting tenants?

    So, Just to be clear OP, you know when you look at the news people talk about Vulture funds and Evil landlords, they're referring to people like you. You're the bad guy in this story.

    Bit Extreme there. Op bought a house at auction to move live in. It seems either the issue of tenants or what was needed to make sure their weren't any never got addressed properly.

    They are looking for advice on how to address it now.


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


    Thing is I bought the house and want them to vacate, so only a temporary landlord so not inclined to give them too much personal info

    Your inclinations are irrelevant, and won't be seen kindly by the RTB when they are illegal.

    As a landlord, you are legally required to give the tenant contact information, including your address. Not necessarily your home address, but definitely one that they can post things to you at.

    If you did not want the obligations of being a landlord, you should not have purchased a house with sitting tenants.

    You've made one silly mistake already. Don't go making any others, or this could end up being costly as well as time-consuming.


  • Registered Users, Registered Users 2 Posts: 7,593 ✭✭✭theteal


    So, Just to be clear OP, you know when you look at the news people talk about Vulture funds and Evil landlords, they're referring to people like you. You're the bad guy in this story.

    Hang on, the OP bought a house to live in (perhaps a little unwise to choose this particular house) not to make a profit from ever increasing rental yield, that's completely unfair


  • Registered Users, Registered Users 2 Posts: 720 ✭✭✭FrStone


    Thing is I bought the house and want them to vacate, so only a temporary landlord so not inclined to give them too much personal info

    Surely you should have thought of this before buying a property with a tenant in situ.

    If you want her out fast, make it worth her while.

    Also she will want the issue of her deposit addressed.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Hi

    So recently bought an auction property with tenants in there

    So I went and visited them to inform them of my notice and intentions. The tenancy agreement was from 2013 but they have now said they were there from 2011. I requested proof and she has come back saying her solicitor wants a written request. So I have decided to give her written requests, 140 days notice and 90 days notice of rent increase as the rent was crazy low

    She got her old landlord prior to 2013 to contact me. He is a well know character, who informed there was no tenancy contract and he collected the rent in cash before the banks took the properties, yes receivership. Now the other twist is this tenant works for his wife.

    I have asked who her solicitor is and she said the immigration bureau, so getting screwed by my own tax money lol.

    I gave her notice to vacate, rent increase and other requests and asked her to sign that she received but she went to her solicitor and came back saying she will post it to me. I responded saying I will collect it but she doesn't want that, personally I don't feel I should disclose my own address to her, I have told her I intend to move in as I am renting

    What's yer thoughts on this

    I know the previous landlord obviously didn't want the banks or revenue knowing he was getting rent and she still is employed by his wife

    What do you mean the solicitor is the "immigration bureau?"


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    The tenant is doing the right thing.

    You bought a house that was occupied and instantly slapped the tenant with BOTH a price increase and an eviction notice. That's harsh. No wonder they have, rightly, dug their heels in.

    I'm curious as to what you actually expected to happen and why you bought a house that had sitting tenants?

    So, Just to be clear OP, you know when you look at the news people talk about Vulture funds and Evil landlords, they're referring to people like you. You're the bad guy in this story.

    No he's not.
    Growing adults knowingly enter into legal contracts knowing the failure to pay will result in loss of asset.
    Grown adults also know that they must register with the PRTB and declare incomes.


  • Registered Users, Registered Users 2 Posts: 1,023 ✭✭✭testaccount123


    Thing is I bought the house and want them to vacate, so only a temporary landlord so not inclined to give them too much personal info
    Lol, there is no such thing as 'only a temporary landlord'.

    You shouldn't have bought a house with someone living in it if you didn't want to be a landlord, Christ.


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭iguana


    Thing is I bought the house and want them to vacate, so only a temporary landlord so not inclined to give them too much personal info

    I'm not sure you've fully thought this one through. You don't want them to know your address but once this is eventually settled and you have moved in, they will know your address because it will be the house they are currently living in. Letting them know your address now won't give them any means to effect you that they won't have in the future.

    You need to do this by the book. It could be a very long process even if you do everything perfectly, if you make mistakes and don't follow the law exactly, it will take even longer. The only other thing you could do is offer the tenants a financial incentive to leave quickly. That may seem very unfair to you but it could be cheaper to give them €5k now than spend the next two years getting them evicted, especially if they decide to stop paying rent.


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  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Because of who their solicitor is, I Persume it's a RA tenant , you should contact the local authority notifying them up the increase and asking them to pay you directly


  • Closed Accounts Posts: 2,006 ✭✭✭bmwguy


    Lol, there is no such thing as 'only a temporary landlord'.

    You shouldn't have bought a house with someone living in it if you didn't want to be a landlord, Christ.

    Yes there is, I was one. Rented out my house for a year while I was working away, came back, took possession back, live in it myself. I was a temporary landlord.

    I had no problems getting house back, tenant was perfect but if I had known the despicable lengths some tenants go to as regards not paying and not vacating I would have left it vacant. A girl I work with did the same, her tenants didn't pay fully, would not vacate then just disappeared owing money. That's not right.

    Your post comes across as bitter the op can move into his own house if he wants


  • Registered Users, Registered Users 2 Posts: 1,023 ✭✭✭testaccount123


    bmwguy wrote: »
    Yes there is, I was one. Rented out my house for a year while I was working away, came back, took possession back, live in it myself. I was a temporary landlord.

    No, there isn't. OP has all the legal obligations of a landlord legislated for under the RTA.

    Suggesting that because he is a'temporary landlord' that they don't apply is laughable.


  • Closed Accounts Posts: 1,544 ✭✭✭EndaHonesty


    Thing is I bought the house and want them to vacate, so only a temporary landlord so not inclined to give them too much personal info

    If you do get the tenant to vacate and you do move in to this house they will know your address anyway.

    So what difference does it make if the tenant knows your current address?!


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    The tenant is doing the right thing.

    You bought a house that was occupied and instantly slapped the tenant with BOTH a price increase and an eviction notice. That's harsh. No wonder they have, rightly, dug their heels in.

    I'm curious as to what you actually expected to happen and why you bought a house that had sitting tenants?

    So, Just to be clear OP, you know when you look at the news people talk about Vulture funds and Evil landlords, they're referring to people like you. You're the bad guy in this story.

    What a load of utter nonsense.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note Please bear in mind the forum charter when posting, especially the parts about being civil and not attacking the poster. If you have an issue with a post please use the report post button. Thanks


  • Registered Users, Registered Users 2 Posts: 1,030 ✭✭✭Lau2976


    Op really without offering an incentive to leave, and I wholeheartedly don't think you should, you need to make sure everything you're doing is by the book and legal. Give them a way to post things to you (I could be wrong here but maybe ask your soliciter if a service such as parcel motel is a legal option?), register with the RTB, provide everything in writing. Your reason for eviction should be legal (again enquire with a solicitor).


  • Registered Users, Registered Users 2 Posts: 22,410 ✭✭✭✭endacl


    What a load of utter nonsense.

    This is unprecedented. I agree with you...


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭Sunny Dayz


    Op did you buy the house to live in yourself or to rent out? If you bought it to live in, how did your solicitor close the sale without getting vacant possession of the house?


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  • Registered Users, Registered Users 2 Posts: 1,815 ✭✭✭satguy


    You bought a house with a sitting tenant, congratulations,, you are now a landlord..

    You bought a house and was not told it had a sitting tenant, congratulations,, you can get your solicitor disbarred, and claim compensation.

    You bought a house with a sitting tenant, and thought you might just dump them out on the street, congratulations,, you got what you deserved, and like other bad landlords will find out the hard way, that people have rights too..


  • Registered Users, Registered Users 2 Posts: 3,642 ✭✭✭dubrov


    satguy wrote:
    You bought a house with a sitting tenant, and thought you might just dump them out on the street, congratulations,, you got what you deserved, and like other bad landlords will find out the hard way, that people have rights too..

    satguy wrote:
    You bought a house with a sitting tenant, and thought you might just dump them out on the street, congratulations,, you got what you deserved, and like other bad landlords will find out the hard way, that people have rights too..


    People have rights to other people's assets indefinitely at well below market rates?

    Tell me more of this utopian society. I can't see what could possibly go wrong.


  • Registered Users, Registered Users 2 Posts: 1,023 ✭✭✭testaccount123


    What a perfect microcosm of the Irish property market. First genius landlord runs the property into liquidation, second landlord buys it off the bank with no clue of his rights or obligations under the law, looks like the tenant is RA, paying under market rent, unlikely to be able to find another similar property and is faced with the prospect of homelessness or screwing the new landlord over.

    You couldnt make it up.


This discussion has been closed.
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