Tenent not paying rent

allibastor

Have a problem,
Tenent of my house in Limerick stopped paying rent last month. Agent told me today its now 7 weeks late.

They issued notice to evict but said not much they can do. I was told in theory they could take 6 months to evict !!!

4ensic15

allibastor wrote: »

Have a problem,
Tenent of my house in Limerick stopped paying rent last month. Agent told me today its now 7 weeks late.

They issued notice to evict but said not much they can do. I was told in theory they could take 6 months to evict !!!

Did they issue a 14 day warning notice? Did they issue a notice of termination? You will be lucky to have it done in 6 months!

allibastor

4ensic15 wrote: »

Did they issue a 14 day warning notice? Did they issue a notice of termination? You will be lucky to have it done in 6 months!

They did, rent was due 1St Jan by DD, but they let it slide a week after christmas due to bank holidays.
They issued 14 day, then notice. Said other than that not much Else can be done by them.
Court next but six months is a long time

karloseqm

Just wondering why he stopped paying ? To be honest alot of landlords recently increasing rent too high , higher then inflation.

the_syco

Get copies of all the notices that they gave, and also proof of postage (if sent by registered post). If sent by normal mail, get a new agent that can do their job properly, because without proof of having sent the 14 day and the termination, the PTRB may not side with you.

allibastor

the_syco wrote: »

Get copies of all the notices that they gave, and also proof of postage (if sent by registered post). If sent by normal mail, get a new agent that can do their job properly, because without proof of having sent the 14 day and the termination, the PTRB may not side with you.

Hey, no they did keep all of that, copy of postage and the letters.
Tenents have been there two years and never any problems at all.

allibastor

karloseqm wrote: »

Just wondering why he stopped paying ? To be honest alot of landlords recently increasing rent too high , higher then inflation.

Hi,

Rent is a lot lower than market and i have not raised it in the two years, and didnt plan to. Even told tenent this

Squatman

talk to the tenant directly, asap. see if there is a reason for this, tenant may be moving out this month and wanted to ensure deposit isnt lost

TresGats

Exactly , if they are the dig in the heels type, you could be stuck with them for far longer for 6 months.
Why do you think that they have stopped paying their rent- Is it genuine hardship or just cheek?
Hate to say it, but if it's a house where you will get new tenants easily enough, I'd be tempted to offer a full deposit back (provided is returned in ok condition with just normal wear and tear, and a little sweetener "towards moving costs". There's probably not a lot out there, but that's not your fault.
Of course people should not be 'rewarded' for not paying rent or overholding, but the reality is you could stand to lose a lot more, it depends on the calibre of the tenant.
I hope it works out for you.

allibastor

Squatman wrote: »

talk to the tenant directly, asap. see if there is a reason for this, tenant may be moving out this month and wanted to ensure deposit isnt lost

Estate agent did, was told in Jan it was would be sorted but then they stopped answering pphhone

Squatman

allibastor wrote: »

Estate agent did, was told in Jan it was would be sorted but then they stopped answering pphhone

That wasnt my advice! Phone them, or call to the house. Youll get your answer much quicker than on Boards.

Finbarr Murphy

Have you lodged a dispute with the RTB? If so ring them every couple of days for an update.

allibastor

Finbarr Murphy wrote: »

Have you lodged a dispute with the RTB? If so ring them every couple of days for an update.

No and no above, i was only told recently all this. Estaatte agent thougght to sort it first

Eric Cartman

Access the property as a matter of emergency as you fear they may have died since they're not answering the phone ?

Id be straight around to the house, "bump into them" on the path near the house if you are worried about going up and banging on the front door (which is what I would do if owed rent).

TheChizler

Some dodgy advice about calling in OP. Be careful to do this by the book and keep yourself clean.

punisher5112

LL is allowed to inspect or carry out emergency works. Is there any issues with property that would fall under emergency such as leak from roof or heating etc.

Contact tenant directly and see if you can get through.

Make sure to keep note of dates and times.

There is absolutely nothing stopping you calling around to check is everything OK and if you get an answer give them written notice you will be inspecting the property but play it that it's a time that would suit them.

Mrs OBumble

OP its rare for good tenants to suddenly go bad for no resaon. If they were messers they would have been messing before now. They genuinely could be dead or in hospital or whatever. You need to find out whats reakly going on.

(Possibly even your ageny is ripping you off: why did they allow rent to be below market rent?)

karloseqm

That's not fair so if you are good landlord , they should pay! I am renting and landlord didn't rise rent and I appreciate that would never let him down 😶

Samuel T. Cogley

karloseqm wrote: »

Just wondering why he stopped paying ? To be honest alot of landlords recently increasing rent too high , higher then inflation.

Incidentally inflation is caused (among other things) by prices rising in the market. If the market for rental property increases then it's fair enough to increase the rent (in line with the legislation) - this increases inflation but the two are not linked in any other way.

I also fail to see why one would stop paying rent entirely due to an unfair increase, the honourable thing to do would be to continue paying the lower rent at least.

OP make sure you're going down the RTB route, it may be wise to consider speaking to a solicitor.

allibastor

Mrs OBumble wrote: »

OP its rare for good tenants to suddenly go bad for no resaon. If they were messers they would have been messing before now. They genuinely could be dead or in hospital or whatever. You need to find out whats reakly going on.

(Possibly even your ageny is ripping you off: why did they allow rent to be below market rent?)

Hi,
They not dead,i know some of the neighbours who says its all normal with them.
In regards market rent, i set the rent and i kept it 15% lower than market, mainly due to them being good tenants. Advice through here has always been good tenents are worth it.

The agents are part of a national Outfit so dont think its Wörth them ripping me off

tigersauce

op, do all what you can to get them out, i have just gone through the process with the prtb for tenants not paying rent,

it has taken the best part of 2 years to physically have them removed from my property,

i have a order for €9000 against them for arrears not a chance in hell i will ever see this.
i will never rent the property again until the laws for evicting tenants are quicker for non payment of rent and overholding are improved.

davo10

tigersauce wrote: »

op, do all what you can to get them out, i have just gone through the process with the prtb for tenants not paying rent,

it has taken the best part of 2 years to physically have them removed from my property,

i have a order for €9000 against them for arrears not a chance in hell i will ever see this.
i will never rent the property again until the laws for evicting tenants are quicker for non payment of rent and overholding are improved.

€9k, certainly would make most consider an alternative course of action and take any financial hit when it comes.

Wheeliebin30

I'd get around there.

I would fear what the inside of your house is like if you or the agent hasn't seen it in a while.

JustAThought

Wheeliebin30 wrote: »

I'd get around there.

I would fear what the inside of your house is like if you or the agent hasn't seen it in a while.

Do you know someone in the gaurds? Maybe there is a strong smell of pot & what with them not answering their phone and the rent unusually not paid you are afraid for their luves. Are they unconscious inside? Did they fall down the stairs & in danger? Perhaps their car is unmoved from outside the house? Is there a drugs vendetta going on like with that guy who had to buy a 60K new car & had it parked outside the court but owed thousands? Expensive things cars. Cost a lot to repair & upkeep.

Peehaps the neighbours heard nouse like falling or shouts - they could be unconscious inside & need help. Better get in there quickly. To help them. After all - they are usually reliable. Perhaps they have 'simply' fled the country, or ARE already in jail? So many questions.
Is their car outside?

TheChizler

JustAThought wrote: »

Peehaps the neighbours heard nouse like falling or shouts - they could be unconscious inside & need help. Better get in there quickly. To help them. After all - they are usually reliable. Perhaps they have 'simply' fled the country, or ARE already in jail? So many questions.
Is their car outside?

They talked to the neighbours and they're fine. No need to barge into the property without permission.

TheChizler

TheChizler wrote: »

They talked to the neighbours and they're fine. No need to barge into the property without permission.

They aren't paying rent, so yes there is need to get around there and barge in if necessary. Who is to say he spoke to the neighbours, he can use the excuse of an emergency when he or the agent hasn't got contact from the tenant.

Also yet another lesson for not giving discounts on rent. There is zero thanks for it, not only is the op not getting rent at all now but he was getting 15% less every month than he should have been.

TheChizler

allibastor wrote: »

Hi,
They not dead,i know some of the neighbours who says its all normal with them.

Fox Chubby Stammerer wrote: »

They aren't paying rent, so yes there is need to get around there and barge in if necessary. Who is to say he spoke to the neighbours, he can use the excuse of an emergency when he or the agent hasn't got contact from the tenant.

They say themselves. If this goes to the PRTB it'll take long enough. A LL making up emergencies to illegally enter (without their permission/notice not in an emergency it's illegal) will not help speed up that process.

TheChizler

TheChizler wrote: »

They say themselves. If this goes to the PRTB it'll take long enough. A LL making up emergencies to illegally enter (without their permission/notice not in an emergency it's illegal) will not help speed up that process.

Yes but the tenant doesn't know that, not getting rent and not having contact is a genuine reason for concern. It's amazing how people try to defend non-paying tenants.

spaceHopper

The agent may be part of a national franchise and not doing his job properly. You need to nip this in the the bud. Go talk to the tennant, they may be withholding rent because of something the agent did or didn't do. You have more to gain than to lose by talking to them.

Graces7

spaceHopper wrote: »

The agent may be part of a national franchise and not doing his job properly. You need to nip this in the the bud. Go talk to the tennant, they may be withholding rent because of something the agent did or didn't do. You have more to gain than to lose by talking to them.

Indeed yes; communication is the key to many problems. A good tenant does not usually stop paying rent suddenly without any explanation. Please give then a chance and see what has really happened

TheChizler

Fox Chubby Stammerer wrote: »

Yes but the tenant doesn't know that, not getting rent and not having contact is a genuine reason for concern. It's amazing how people try to defend non-paying tenants.

Who's defending them? I want to make sure the landlord doesn't get screwed further by not doing things by the book.

beauf

Graces7 wrote: »

Indeed yes; communication is the key to many problems. A good tenant does not usually stop paying rent suddenly without any explanation. Please give then a chance and see what has really happened

I would say if a tenant stops paying rent it IS usually without warning.

What you mean is, perhaps there is some short term crisis that can be overcome with discussion. For the LL it would be better not to go nuclear, straight out of the gate.

allibastor

All, an update.

I called to the EA office, they have emails and calls to back up what they say, they also showed me my account on the sheets for rent, repairs,payments etc. Just stopped in January

I have asked about calling to the house, but the EA has done this. I dont think the fault is too much with them

The family renting is just that, a normal 2 parent 2 kids family, no other issues going on there. Neighbors I know well-ish and had asked said they are OK, kids going to school and parents to work.

I would be worried about making up accusations of smell of drugs etc or going around knocking on the doors.


Yes, this seems very unfair, I have asked a cousin who is a solicitor who deals with property, he said all you can do is follow the legal route, but it could be 12 months for a full eviction, and the chance of getting money back from arrears is low. Once case the person made a payment of 1 euro a month to cover rent of 7K !!!

beauf

Which is why its well worth shortening that 12 months by negotiating, losing 2 or 3 months is better than losing 12, and perhaps the property being damaged.

allibastor

beauf wrote: »

Which is why its well worth shortening that 12 months by negotiating, losing 2 or 3 months is better than losing 12, and perhaps the property being damaged.

How do i shorten though????

I have asked the EA his thoughts on this, he said he will try, but my house currently is 100 less a month than a similar house. Why would they move???

punisher5112

allibastor wrote: »

How do i shorten though????

I have asked the EA his thoughts on this, he said he will try, but my house currently is 100 less a month than a similar house. Why would they move???

If you were to pay them off.

Quite likely you will never see your missing rent take again.

Shame its so easy for messers to work the system.

Still think you should call around and scope it out.

listermint

The agency is faceless at this point.

I think you are better off sucking it up and speaking with them yourself.

Many things in life can be sorted by discussion or you could go the legal root and the tenant then has no empathy for a faceless system.

Seeing you as a person like them usually could put it in perspective....

If it were me I'd go.

davindub

allibastor wrote: »

How do i shorten though????

I have asked the EA his thoughts on this, he said he will try, but my house currently is 100 less a month than a similar house. Why would they move???

You can issue an eviction notice now, they might comply.

But I would seriously go around there, you have a reason to go around, you are entitled to make reasonable efforts to contact them. You never know, they might have serious issues with the EA that the EA is not telling you about. You won't know until you speak to them yourself, or at least get their contact details and ring yourself.

jimmycrackcorm

tigersauce wrote:

i have a order for €9000 against them for arrears not a chance in hell i will ever see this. i will never rent the property again until the laws for evicting tenants are quicker for non payment of rent and overholding are improved.

I watched the vinny show last night. Brid Smith from AA/PBP was criticising FF for not supporting their bill on Tennant rights.

I can't remember which FF td was on but he just came straight out and said they couldn't support it because it would have given tenants effective lifetime ownership of a rental property after two months tenure.

Brid Smith tried to argue the point but she couldn't even recall the specifics of the bill.

Mrs cockett

TheChizler wrote: »

Some dodgy advice about calling in OP. Be careful to do this by the book and keep yourself clean.

Why?

TheChizler

Mrs cockett wrote: »

Why?

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

Retrovertigo

TheChizler wrote: »

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

How is a landlord knocking on the door of his own property to speak with a tenant a breach of the tenants rights?

GGTrek

TheChizler wrote: »

Mrs cockett wrote: »

Why?

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

Only if it is done in an anti-social manner. The landlord should go with witness exactly to avoid bad faith tenants trying to claim this. The landlord like any member of the public can go and knock the door and the tenant can voluntarily open the door and decide to discuss his/her financial issues with the landlord. I would suggest the landlord to go in person or to try to call the tenant on the phone, a tenant that has paid for two years and then suddenly stops is a strong indication of financial issues instead of a fraudster, so it might be possible to reach a deal between the parties which would be much better than the legal route.

Retrovertigo

GGTrek wrote: »

Only if it is done in an anti-social manner. The landlord should go with witness exactly to avoid bad faith tenants trying to claim this. The landlord like any member of the public can go and knock the door and the tenant can voluntarily open the door and decide to discuss his/her financial issues with the landlord. I would suggest the landlord to go in person or to try to call the tenant on the phone, a tenant that has paid for two years and then suddenly stops is a strong indication of financial issues instead of a fraudster, so it might be possible to reach a deal between the parties which would be much better than the legal route.

Exactly. OP you're more than entitled to politely knock on their door and ask to speak with them. It should be your first port of call now. Nothing illegal about doing that unless you kick their door in or enter the premises without permission.

Plus in doing so you will more than likely get an answer from them so you will at least know what's going on and if they are in distress you could have room to negotiate,

CollyFlower

If you're not getting any replies to your phone calls or emails you should call to the house, if you get no answer leave a note in the letter box saying you called, say something like 'if I don't hear from you within 3 days you'll have call the Guards to force entry'.

newacc2015

TheChizler wrote: »

Because it's a breach of tenants rights and can receive a severe penalty? Sure it's unfair but that's a fact.

Source?

Retrovertigo

CollyFlower wrote: »

If you're not getting any replies to your phone calls or emails you should call to the house, if you get no answer leave a note in the letter box saying you called, say something like 'if I don't hear from you within 3 days you'll have call the Guards to force entry'.

Leaving a note is fine, saying you'll get the Guards to force entry unless they reply would be a disaster because it's a blatant (illegal) threat and they could seriously screw you for doing that.

It's a civil matter anyway, even if you did go to the Guards they'd laugh you out of the station.

Retrovertigo

newacc2015 wrote: »

Source?

He has none, he's wrong.

CollyFlower

Retrovertigo wrote: »

Leaving a note is fine, saying you'll get the Guards to force entry unless they reply would be a disaster because it's a blatant (illegal) threat and they could seriously screw you for doing that.

It's a civil matter anyway, even if you did go to the Guards they'd laugh you out of the station.

I don't mean to leave a note as a threat regarding calling the Garda, it would be more a worry for their well-being.

Retrovertigo

CollyFlower wrote: »

I don't mean to leave a note as a threat regarding calling the Garda, it would be more a worry for their well-being.

You said to leave a note that included " say something like 'if I don't hear from you within 3 days you'll have call the Guards to force entry'."

That's just pure bonkers and extremely bad advice, for two reasons;

1) It's an unenforceable threat to involve the guards in a civil matter.
2) It will cause the landlord to lose any type of communication with the tenant and leave them open to a world of hurt legally if the tenant questioned it.