Rent Arrears

Eireog1

Hi Looking for some advice. My Tenants decided it was totally acceptable to go off on a 3 month holiday and not pay there rent. I have been in contact with them but I keep getting excuses as to why they aren't paying and promises that it will be paid in a few days. I'm done with the excuses now and want them out. The are only in the property 6 months so I only have to give 28 days notice is this correct? They wont be back fro holidays then so what do I do?


Thanks for all advise?

Baby01032012

Eireog1 wrote: »

Hi Looking for some advice. My Tenants decided it was totally acceptable to go off on a 3 month holiday and not pay there rent. I have been in contact with them but I keep getting excuses as to why they aren't paying and promises that it will be paid in a few days. I'm done with the excuses now and want them out. The are only in the property 6 months so I only have to give 28 days notice is this correct? They wont be back fro holidays then so what do I do?


Thanks for all advise?

Read read read it’s been covered on here so many times

It’s v important are they less than 6 months then you can give 28 days notice in writhing without reason. If 12 month lease what does lease state.

If more than 6 months you’ll have to give 14 days warning followed by 28 days to terminate for non payment. Always give a day or 2 more.

Eireog1

I know the notice period but I'm wondering when the notice period is up they wont be in the country can I go to the property and change the locks with the processions still inside?

K.Flyer

Eireog1 wrote: »

I know the notice period but I'm wondering when the notice period is up they wont be in the country can I go to the property and change the locks with the processions still inside?

Someone will clarify the last bit for you fairly soon, but get the notice issued Immediately, dont leave it any longer, 3 months of not paying any rent is taking the proverbial.
Also, do a search on Airbnb for your property type and area (try a few variations), don't be too surprised if they put it up to generate income while they were away.

Eireog1

I never thought of that. Thanks for the heads up I'll look at it now.

dennyk

You can serve the notice by handing it to them, posting it to them, or by affixing it to the property; since they won't be around to accept registered post, the latter is probably your better option. Take a video of yourself affixing the notice (both notices if you are doing the 14-day + 28-day for arrears) to the front door of the property for evidence of service, and make sure to back it up somewhere safe. After the notice period has elapsed, if they have not challenged the termination or filed a dispute with the RTB and if the property is unoccupied at that time, then the tenancy has ended and you can change the locks. I don't believe you're legally obligated to hold on to any belongings they've left behind once the tenancy is over, but you might want to store them somewhere regardless just to minimize the trouble you'll have to face when your former tenants come looking for it (they'll be much more likely to bring it to court if you've trashed their belongings, which will be a hassle no matter what the law says...).

tvjunki

Eireog1 wrote: »

I know the notice period but I'm wondering when the notice period is up they wont be in the country can I go to the property and change the locks with the processions still inside?

No you cannot do this. You give 14days and a day then 28days notice and a day. Then contact rtb for hearing. If rtb are quick then you go to hearing and tell them you have not been paid rent. If the tenant is not there you will win automatically. Dont worry if they are not in the country. That is ther problem.

THEN you have to ask rtb to bring the tenant to court to be evicted. You then have to pay bailiffs to remove them.
Continue with this even if they are back as they will do the same again.
Tell the tenant you will be giving then notice now.

If less than 6months you can give them 28days notice to leave. If more than 6months then do the above for non payment of rent.

Tell them you are giving them notices for non payment. Use the forms on rtb website. Make sure you do everything by the book. Pay registered without signature to the address. Keep a copy of the receipt. Contact rtb with a heads up of what is happening. Dont let this run on. Tell them the rent has to be paid now what is owed. Keep a log of all the texts and calls to bring to the hearing. Hopefully it will not come to it.

Very bad form of the tenant.You may not get the rent. They must have done this before.
Do check it has not be rented out in the mean time.


Side note:
If they are paying some rent with rent allowance or hap that will be stopped by social because you can only get this if the tenant is in the country. They will have to reapply when they come back. The same applies to social payments. Social have a system that can see withdrawal payments being made aboard and they could be called for an interview.

GGTrek

Eireog1 wrote: »

Hi Looking for some advice. My Tenants decided it was totally acceptable to go off on a 3 month holiday and not pay there rent. I have been in contact with them but I keep getting excuses as to why they aren't paying and promises that it will be paid in a few days. I'm done with the excuses now and want them out. The are only in the property 6 months so I only have to give 28 days notice is this correct? They wont be back fro holidays then so what do I do?


Thanks for all advise?

First question to answer is: have they got a fixed term in their lease?
Second question to answer is: when did they get the keys of the property or the commencement date stated in the lease?
Once you answer these two questions appropriate answers can be given. With respect to serving notices it does not matter if the tenant is inside or outside the country, that he is outside the country is actually a massive advantage for you since he will not be able to mount a defense at the RTB. In my leases if tenant leaves the apartment empty for more than 30 days he is liable to be evicted and for sure if their rent is late by just 5 calendar days they get a written formal warning notice and request to pay admin fees to serve the notice as written in the lease. I only had a smart... trying to play the dumb card and after 45 days from first missed rent he was already at the RTB hearing and then paid religiously and was evicted anyway according to exit plan agreed at the RTB hearing (once a tenant thinks the rent payment is optional the only solution is a rapid eviction since he/she becomes a ticking time bomb). I used to be very flexible on rules (never on rent however) and some people were taking the proverbial like your tenant, nowadays I am brutal with deadlines or breaches of lease like evey professional landlord should be: you are running a business, not a charity (FFS three months without rent, are you crazy?). I learnt a lot from my old evicted bad tenants.
Stick the notice to the main door of the property in a plastic folder with a witness signing it (who will then come to the RTB hearing to testify) and take photos and/or video of it from close up and from far away were the property or the door is clearly recognizable and then send the photos in a nice whatsapp message to the tenant.:D

GGTrek

Forgot to say, check section 37 of the RTA, it might be useful in your case if you have witnesses that can say that the property looks abandoned (otherwise you cannot change the locks until RTB determination order expires and you find the property without the tenant inside):
http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec37

_brendand_

Just curious, not trying to apportion blame or anything - it's not on for people to not pay rent without a very good reason such as becoming unemployed, and even then they should be in communication with you about that. Did you get a reference from a previous landlord?

Eireog1

Yes I got previous landlord references and 1 work reference as the other person was retired and I confirmed that they worked where the said they used. They have sent me a picture of the cheque that they are trying to lodge so that they can transfer the money to me but the weather where they are has prevented them from lodging it as the banks are closed. I have informed them that I understand that but it isn't my concern and that the rent should have been paid on the due date.

_brendand_

Eireog1 wrote: »

Yes I got previous landlord references and 1 work reference as the other person was retired and I confirmed that they worked where the said they used. They have sent me a picture of the cheque that they are trying to lodge so that they can transfer the money to me but the weather where they are has prevented them from lodging it as the banks are closed. I have informed them that I understand that but it isn't my concern and that the rent should have been paid on the due date.

So have they given you any indication of when they will be back? If it's not too far in the future you might wish to let them know that you expect the full arrears to be paid immediately upon their return or you'll initiate eviction proceedings (as much of a faff as that is).

dennyk

The banks have been closed for three months due to weather? Or are they only a day or two in arrears or something? If it's the latter and they've been decent tenants up until now, it might be better to give them a little more time to sort it before going the eviction route. Affix their 14-day notice and let them know you've done it, that might just light a fire under their asses and encourage them to get it figured out ASAP (as if they don't correct within the initial 14 days, you can still end the tenancy with the 28-day notice even if they later pay the arrears during those 28 days...).

.......

How long in arrears are they?

If they are in the path of Florence then the banks may well be closed right now, but that is a temporary situation.

Graces7

....... wrote: »

How long in arrears are they?

If they are in the path of Florence then the banks may well be closed right now, but that is a temporary situation.

Looking at the news, maybe not so temporary. Devastation

the_syco

_brendand_ wrote: »

Did you get a reference from a previous landlord?

If they screwed over the previous LL, the previous LL may have said anything to get them out.

Eireog1 wrote: »

They have sent me a picture of the cheque that they are trying to lodge so that they can transfer the money to me

I don't see how their financial issues are your problem. Have the 14 day warning issued.

handlemaster

_brendand_ wrote: »

Just curious, not trying to apportion blame or anything - it's not on for people to not pay rent without a very good reason such as becoming unemployed, and even then they should be in communication with you about that. Did you get a reference from a previous landlord?

you mean there is no reason not to pay rent

K.Flyer

Eireog1 wrote: »

They have sent me a picture of the cheque that they are trying to lodge so that they can transfer the money to me rent should have been paid on the due date.

Sounds like another fob off excuse, anyone can write a cheque and send a pucture of it to you, without money in your account it is meaningless.
If you have not received any money in the last three months then you need to protect yourself from any more nonsense.
Tell them you giving them notice for all arrears to be brought up to date and if by the end of that notice the arrears are not cleared they will be issued with a termination notice.
Plenty of good tenants out there waiting.

ted1

If you used a generic lease you’ll find a clause about leaving the property empty for more than 30 days.

https://www.let.ie/files/part4.pdf

See 3.6


After that assume that they have moved out. Simple dunk the stuff, keep receipts to use against deposit which is forefeitted and relet