Accidental Landlord - tenant has over stayed

daithi7

The above is the carrot and I would use that first and foremost.

The stick is that you know she is gaming the social welfare system by claiming to be a single parent when she is not. That is social e welfare fraud.

That is illegal and will cost her if someone reports it. I'll leave it to you to decide how to inform her of this.....

But if she doesn't take the carrot of the reference, I'd start using that stick...

I wouldn't offer her a penny....

P.s. With giving adequate notice you are legally entitled to inspect your property. Do this, and ensure to note who is actually residing in your property & who is on the lease.

In one way i'm sorry for the woman that she's resorting to outright thievery and fraud, but If her sort keep getting pandered to it ruins it for everyone.

Keep the spirits up Op, You're actually in the driver's seat here imho.

TheChizler

I haven't seen it anywhere else so just saying it now, have you given them the 14 day notice of arrears?

pc7

Best of luck op, thanks for keeping us updated, very interesting to see how RTB process is working in real cases.

daheff

Lizzie71 wrote: »

I got all the references from employer and TD and from previous landlord did all the checking up thats and suppose it all went well as lo g as she was getting what she wanted.

go back to this TD and tell them whats going on and that you rented the property mainly based on the TD's reference. Let the TD earn their money dealing with this one.


I'd also let the TD know that you are in RTB and will be mentioning (for the public record) that this TD gave a reference for the tenant. I'd bet the issues and back rent will be resolved very very quickly.

BBFAN

Best of luck with the adjudication Lizzie, let us know how it goes.

4ensic15

ooter wrote: »

Interesting angle.
I'm having some difficulty with my tenant lately, not paying rent on time.
7 years there, exclusively for the first few years but then I agreed to let another family member move in, rtb had no issue with it. I'm anticipating more problems in the coming months and can see me issuing 28 days notice, I've already issued 14 days notice but arrears were paid. I might go down this route if they refuse to leave.
Best of luck op, keep us posted on how you're getting on.

You are coming up to the 8 years so you can use the Section 34b procedure.

Lizzie71

ok so she didnt turn up no surprise there, the adjudicator basically said we did everything right so the rtb will issue a letter giving her 10days to appeal and if she doesnt she has 14day after that to move. I think they will ignore so its off to court we go. we drove by the house on the way back from athlone as we needed to make sure they were still in the house.she was there and driving out of the estate he passed us in his big bmw, makes me sick.

BBFAN

Lizzie71 wrote: »

ok so she didnt turn up no surprise there, the adjudicator basically said we did everything right so the rtb will issue a letter giving her 10days to appeal and if she doesnt she has 14day after that to move. I think they will ignore so its off to court we go. we drove by the house on the way back from athlone as we needed to make sure they were still in the house.she was there and driving out of the estate he passed us in his big bmw, makes me sick.

That is maddening. It's so unfair what LL's have to go through to get rid of a tenant.

Lizzie71

I am actually stunned that we abide by the law and rules and others just do what they like and there is no protection for us 😒

stinkbomb

Mr. Incognito wrote: »

And I know of cases where that has happened.

An overholding tenant comes home to a large agressive topless man drinking beer with his naked feet on the coffee table eating pizza and blaring heavy metal and indicates he is her new housemate.

She moved out immediately.

Well yes, a woman was intimidated by a man to leave. It's not impressive, its illegal and immoral and downright dickish. In most instances your large aggressive topless man would be arrested for breaking and entering, and the landlord would be in a whole heap of ****.

realitykeeper

Clúid may be able to advise you.

Zulu

I wonder what the legalities/liabilities would be around the landlord erecting a sign in the front garden - something along the lines of "This property is currently under dispute at the RTB as rent remains unpaid, and the lease over-held."

Mod
Such a notice may be defamatory

stinkbomb

Tenant could and would remove it.

nikkibikki

Zulu wrote:

I wonder what the legalities/liabilities would be around the landlord erecting a sign in the front garden - something along the lines of "This property is currently under dispute at the RTB as rent remains unpaid, and the lease over-held."

Park an old car or a van or something outside it with huge signs saying that. Less chance of it getting removed.

stinkbomb

What would that achieve? Why would the tenant care? And are you going to tax and insure a car/van to sit their and advertise, otherwise it will be towed as abandoned and you can be prosecuted.

listermint

stinkbomb wrote: »

What would that achieve? Why would the tenant care? And are you going to tax and insure a car/van to sit their and advertise, otherwise it will be towed as abandoned and you can be prosecuted.

A car can't be moved if it's in an estate. So no and no your wrong.

stinkbomb

Unless its a fully private road, which is unlikely, it can and it will and you are wrong. If it is a private road, it can be removed by the owners of the road. Either way, you have it wrong.

listermint

stinkbomb wrote: »

Unless its a fully private road, which is unlikely, it can and it will and you are wrong. If it is a private road, it can be removed by the owners of the road. Either way, you have it wrong.

I've yet to see a car moved from anywhere based on complaints I've personally made

So no. You won't get anyone to touch it.

godtabh

listermint wrote: »

I've yet to see a car moved from anywhere based on complaints I've personally made

So no. You won't get anyone to touch it.

Take the reg plate off and the LA has to remove it.

stinkbomb

Anecdotes are not data and your personal experience does not change the law.

If you like anecdotes I have personally seen two cars moved from my last estate, one by the council and one by the management company (was in a car park). The former took quite a while but they did eventually remove it.

It's a silly idea either way though.

listermint

stinkbomb wrote: »

Anecdotes are not data and your personal experience does not change the law.

If you like anecdotes I have personally seen two cars moved from my last estate, one by the council and one by the management company (was in a car park). The former took quite a while but they did eventually remove it.

It's a silly idea either way though.

Yeah and how long did the cars sit there ?

I've seen a vehicle sit for 9 years untaxed and council doing nothing. Nothing whatsoever.

Other vehicles sat for over a year

So ....

I think the point was that shame the tenant. Because it's clear they are shameless.

stinkbomb

Not that long.

How do you shame someone who is shameless? You contradict yourself.

Zulu

stinkbomb wrote: »

Not that long.

How do you shame someone who is shameless? You contradict yourself.

I could be mistaken here, but you seem to be presuming that someone who does something shameful is shameless. This of course isn't necessarily true. Apologies if I've mistaken you.

stinkbomb

Shameless means having no shame. That is literally the point, they do something you consider to be shameful, yet they do not feel any shame for it. They are shame less. It's self explanatory. Hence if they are shameless, they are not going to made to feel shameful by you saying anything about it.

No idea if this is possible/legal/previously discussed, but in situations such as this, could the landlord contact all the utility suppliers, and get everything turned off in the house?
I can't imagine anyone would stay too long with heating/lights/broadband/television

Probably a very daft idea, but there must be someway to deal with tenants who refuse to leave

listermint

[Deleted User] wrote: »

No idea if this is possible/legal/previously discussed, but in situations such as this, could the landlord contact all the utility suppliers, and get everything turned off in the house?
I can't imagine anyone would stay too long with heating/lights/broadband/television

Probably a very daft idea, but there must be someway to deal with tenants who refuse to leave

Unfortunately no.

Zulu

stinkbomb wrote: »

Shameless means having no shame. That is literally the point, they do something you consider to be shameful, yet they do not feel any shame for it. They are shame less. It's self explanatory. Hence if they are shameless, they are not going to made to feel shameful by you saying anything about it.

Congratulations, you've entirely missed the point! Will we bother trying it again? What do you think, is it worth it??


Doing something shameful does not mean a person is shameless.



So a person could do something shameful, and feel shame.



Mind. Blown.

stinkbomb

Deleted User wrote: »

No idea if this is possible/legal/previously discussed, but in situations such as this, could the landlord contact all the utility suppliers, and get everything turned off in the house?
I can't imagine anyone would stay too long with heating/lights/broadband/television

Probably a very daft idea, but there must be someway to deal with tenants who refuse to leave

No, all those utilities will be in the tenants name and they won't even speak to the landlord about the accounts. Even if for some reason they were in the landlords name, switching off essential services would be classed as illegal eviction and harassment.

No, its not fair on landlords that it can come to this. But bear in mind its a very tiny number of tenants that overhold like this, and even of those that do its usually because they literally have nowhere else to go. I imagine the landlords themselves would overhold if they were faced with that or homelessness for their children.

stinkbomb

Zulu wrote: »

Congratulations, you've entirely missed the point! Will we bother trying it again? What do you think, is it worth it??


Doing something shameful does not mean a person is shameless.



So a person could do something shameful, and feel shame.



Mind. Blown.

No, you misunderstood. I said someone who is shameless has no shame, not that anyone who does something shameful is shameless. Thats actually the opposite of what I said.
Unblow that mind and re-read. Ask for help if still struggling

10pennymixup

I genuinely would like to hear how the OP progresses. I really hope that this thread isn't closed just because some posters derailed it over semantics.

It would be a crying shame. and those responsible absolutely shameless.:rolleyes: