Rent arrears notice/ termination notice where tenant can not be reached

Baby01032012

Hi A&P followers,

I have a 70 year old tenant renting a room in receipt of rent supplement/ pension/ disability. He is with me 10+ years. Lease in place. Tenancy registered with RTB. Received rent in cash weekly by calling to the house. This was tenants preference. Rent book kept by tenant as record of rent paid. He went into hospital in March. I visited him couple of times. No pressure due to his ill health. He always paid on time.

I had not been able to reach him by phone last few weeks. Phone not in service. Called to hospital last week. He was discharged home end of May, he never returned home. Housemates have not seen him. However they told me his son came late one evening last week and picked up items I presume for him. However his family are criminals and would more likely steel from him than look after him. Housemates don't know where son lives.

I got sons phone number I texted and tried to call but to no avail. I reported to Garda on Friday as a missing person and gave them his and sons mobile numbers.

I'm going to issue 14 days notice of rent arrears. Follows by 28 days notice to terminate. I'll probably send as text to son as well as by letter to the address. I just don't want to continue to be out of pocket and also not knowing what his plan is.

Sorry for long post but any suggestions on what else to do would be welcome.

spaceHopper

Try the hospital social worker, it's unlikely they just discharged him with out a follow up care plan! Tell them you are concerend for his welfare too.

Mrs OBumble

spaceHopper wrote: »

Try the hospital social worker, it's unlikely they just discharged him with out a follow up care plan! Tell them you are concerend for his welfare too.

This. Also give them the name of the garda who took the missing persons report.

They may not be able to tell you anything but it may prompt them to look into his welfare.

Fyi i think that after a certain amount of time in hospital the state pension is stopped. It may be that he does not have money to pay the arrears so is hiding from you because of this. Perhaps a chat Age Concern or whoever your atea has may also be useful.

Baby01032012

Thanks both very good points

I'll talk to social worker. Rang Garda station today to follow up, of course they have no record of my report. I'll have to call in person to make the report.

Ms Doubtfire1

as far as I know delivery of the notice to the house is enough - it should be seen as you have fulfilled your obligations.

ELM327

Registered post to the house meets the PRTB/RTA requirements

pilly

ELM327 wrote: »

Registered post to the house meets the PRTB/RTA requirements

It may meet requirements but practically it's not going to do much good.

Even if all procedures are followed etc. what's OP supposed to do then? Throw this mans belongings out on the street?

From OP's previous posts I'm sure this is not something they would consider.

It's important to find out where this man is anyway, jesus he could be genuinely missing.

Claw Hammer

pilly wrote: »

It may meet requirements but practically it's not going to do much good.

Even if all procedures are followed etc. what's OP supposed to do then? Throw this mans belongings out on the street?

From OP's previous posts I'm sure this is not something they would consider.

It's important to find out where this man is anyway, jesus he could be genuinely missing.

He can deliver to the house, serve by recorded and registered post. He can then open a dispute with the RTB and get a possession order.
In any event, he can take possession where the tenant has moved out for more than 28 days and the rent has not been paid. O/p should change the locks and put the tenants stuff into storage under that rule. The tenant will not be coming back
Residential Tenancies Act 2004
37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—

(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

(b) before or on that vacating the rent has fallen into arrears.

(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—

(a) whether before or after the end of that period, the tenant has vacated the dwelling, and

(b) no notice of termination has been served by the tenant in respect of the tenancy..

mrslancaster

Claw Hammer wrote: »

..... and put the tenants stuff into storage under that rule. The tenant will not be coming back..

would OP have to pay for storage of the tenant's belongings?
is there a time period for holding them if tenant cannot be contacted?

if tenant disappears and leaves a houseful of stuff, what is LL obliged to do?

does anyone have experience of this