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Tenant refusing to pay

  • 30-04-2020 3:04am
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi,

    I am a landlord with a 2-bed apartment in North-West Dublin. I bought the apartment in 2018 (at age 28, with all my savings and a parental loan too!). Late last year I decided to go travelling with my girlfriend and move to Australia for a year or potentially two, and rented out the apartment.

    The rent is 1,700 Euro per month. The tenant advised that their work has been stopped temporarily due to Covid-19, and is refusing to pay anything. They say when they get the rent supplement, they will give me that (a maximum of 900 Euro). However, they are refusing to contribute a single cent themselves. I've tried to open negotiations to a fair compromised rate during the pandemic but he refuses.

    He only submitted the rent supplement form this week, despite claiming he lost his work 5 weeks ago. I was also conscious of renting for the first time and before signing the agreement had unofficial conversations with them asking about their savings etc., as I didn't want to have to evict a couple with a child. He promised he had savings. I explicitly asked about if he lost his job would he be OK for 3-6 months, and he promised he would be. I appreciate this isn't legally binding but I feel it shows that he is using this situation to take advantage of me.

    Does anyone have any advice as to how I should proceed? I feel I've been fair with my assessment, but the next month's rent is due today and he has paid nothing. My parents suggested contacting a solicitor but they said they wouldn't get involved (I assume they don't want their name attached to any potential issues down the line). All the guidance from the government advises that tenants still have to pay their rent but all those messages are just being ignored.

    I appreciate that there is little sympathy for landlords. However, I put all my savings into buying this apartment, and don't think I should be treated the same as some person who has 5 properties etc. I'm now working in Australia paying living costs, rent and bills for myself and my girlfriend, who is unable to get a job as over 800,000 Australians have been let go and the working holiday visa is quite restrictive for employers. This is on top of my mortgage/management fees etc. for the apartment at home.

    Any advice would be appreciated.

    Thank you.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭James 007


    A non paying tenant you could be looking at 18 months to get this one out & this is without getting back a cent. I'm sure he got some form of letter from his work saying he has been temporarily let go, have you requested a copy. Do you even know where he was working. Do you have someone else on the ground that can do the donkey work for you and talk directly to them.

    Someone else will answer relating to the rent supplement. And yes he is taking advantage of you it looks like, especially when you are not even in the country. Unfortunately laws are on the tenants side & and the law doesn't take sympathy with any pity stories unfortunately.


  • Registered Users, Registered Users 2 Posts: 267 ✭✭overkill602


    https://onestopshop.rtb.ie/covid-19-emergency-legislation-for-rental-sector/ending-a-tenancy-and-notices-of-termination-during-the-emergency-period/#arrears

    it seems your hands are tied for 3 months if they have refused negotiation you need someone to go talk with them but they wont be going anywhere soon

    There are weekly payments made to people who lost there job due to covid 19

    When renting a place I always make sure they the rent is no more than 1/3 of net income by requesting any documents that can support this.

    Ability to pay is a higher risk than before since the new regs came in to only protect tenants

    Not all families are higher risk, but when young children involved your social responsibility is expected to be higher


  • Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    I'm sorry for the situation.

    The covid payment is only 350 per week so any amount the tenant can pay now will be limited anyway. Maybe they had savings and were wiped out since. You will need to cover the rent for the meanwhile or apply to the bank for a deferral but I'd imagine they are unaware the property is rented.

    I would simply explain to the tenant that rent will still be due but simply deferred and ask what arrangements the tenant will make to catch up afterwards? If you can discount once something is paid, that can be used to bargain with the tenant.

    When the emergency legislation expires, you can issue an termination letter if the tenant still refuses to pay arrears (there will likely be some further legislation about arrears not being due immediately) but as always you need to be pragmatic, if you play hardball the tenant may not pay, refuse to move etc and then you will need to take a case to the RTB.


  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Get a solicitor. No proof they even lost their job here. Be prepared to have to go 1 year with rent. The system is all towards the tenant.

    This will not get better. They need to be evicted. Have the letters for over due rent sent etc. Be prepared this tenant will not sign for anything from the post office. . Have the solicitor know this plan accordingly.

    Dont mess around.


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    Honestly, from the get go, you didn’t play your cards right in assessing your tenant. Never never trust tour tenants and their promises.

    How much does he earn - ask for a payslip
    How much saving does he have - ask for a bank statement
    References - look into how long he has worked for existing company and check them on Facebook and LinkedIn
    Ll reference - don’t really amount to much but call them to and try and get his second last ll reference.

    Start the termination the moment this covid legislation is over. He is pushing you around right now and the fact he is not willing to pay you anything speaks volumes. Tell him in no uncertain terms you will be starting the eviction process if he doesn’t pay up. It sounds like he is calling the shots here by tell you he will only pay the rent supplement going forward.

    You will have a lot of Headaches for the next year but there is absolutely nothing you can do. Stay positive, most tenants are not like this so think about it this way - you will learn a lot from this and hopefully you won’t have another one of these tenants for the next 10-20years if you screen them properly. I would recommend using a solicitor for this as if you get the termination wrong. It will start the entire cycle again.


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  • Registered Users, Registered Users 2 Posts: 147 ✭✭Lily_Aldrin7


    I don’t own any property and I obviously don’t know much about the law but from a psychological perspective, if you hire a solicitor and they receive a letter, it might scare them enough to just pay. Or if they are not able to pay, at least to discuss a payment plan that’s fair to you, too.
    I would like to just say, my partner and I are both off work- I’m on unpaid maternity leave so I don’t get anything and he gets 350 a week. We have two children but we pay our rent. We’re spending the little savings we have to pay for it and we only buy necessities even when it comes to food.
    This is very unfair to you


  • Registered Users, Registered Users 2 Posts: 220 ✭✭kevcos


    How is it that tenants can do this with absolute impunity.
    The OP's property has been stolen to all intent and proposes.

    *I'm not a LL


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    You are a victim of the Covid 19 pandemic, like thousands of other businesses.

    However, as landlords are detested in Ireland there is no govt help.

    Lose your part time job and you get 350 a week no questions asked.
    Lose your rental income and you're on your own.

    Theres nothing you can do now except prepare to start the eviction process when the ban on evictions is lifted. No point in engaging a solicitor now.


  • Registered Users, Registered Users 2 Posts: 1,226 ✭✭✭Valhallapt


    Sympathy with OP, I’m in the same boat, tenant hasn’t paid properly since January. I was loosing patience before Covid issues. They tell me they are out of work but refuse to provide a letter from employer and refuse to apply for rent assistance. I’ve offered the tenant to reduce the payment to whatever they can afford until after Covid and to write off the balance, but now it’s clear they are planning to stay as long as possible without paying anything.


  • Registered Users, Registered Users 2 Posts: 177 ✭✭justwhatithink


    Have you contacted your bank to request a payment break? Most banks were offering 3 months from once Covid kicked off, and they are now making plans for extending those payment breaks.While I know this doesn't help the situation of the tenant refusing to pay, it may at least alleviate financial pressure and personal stress.
    And I know you still end up being charged interest over the life of the mortgage on the payment break amount, but sometimes needs must...it could be an option to help take some pressure off while you deal with the tenant at least anyway.


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  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    You're kind of limited in your options but as someone suggested I'd be telling them if they make some sort of effort beyond the bare minimum you'd be prepared to go into arrears only, which they can pay off when they can. But if they make zero effort you'll be terminating the tenancy at first opportunity.

    I think I'd be offering some sort of discount for the next 2 years (or whatever the review period is) if they play along, I'm guessing market rent and demand will be significantly down for a while so without offering that discount it might make more sense for them to cut their losses, pay nothing, and move somewhere else, leaving you with unpaid arrears and no replacement tenant.


  • Registered Users, Registered Users 2 Posts: 1,826 ✭✭✭Truthvader


    The reality is that due to various legislative changes over the last 20 years the payment of rent is effectively a voluntary/ honour system. If you have a crooked tenant it will take about 18 months to get them out (that is assuming all your paperwork is 100% - and the PRTB will allow any technical error to spin it out for longer) Indeed the payment of all debts is now voluntary. Money wasted on solicitors will be wasted. That is simply the way things are now.


  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Truthvader wrote: »
    The reality is that due to various legislative changes over the last 20 years the payment of rent is effectively a voluntary/ honour system.


    I was looking into a property investment a few years ago and that is exactl;y the thinking that I arrived at. So true.
    I really dont get people going into residential property investment in Ireland nowadays. Pure madness.


  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    OP, can you confirm a few facts.

    Does his partner work or is it just him? If it had been just his income which has now stopped it's clear there has been a severe drop in their income but not that this "should" be your problem.

    As you are in Australia, I assume you are tax resident there - has the tenant been paying you the rent directly or to an agent? There is the possibility that they should be deducting 20% from the rent themselves to pay to revenue. This is the tenants responsibility.

    Have you given them a fixed term 1 year lease or is there no fixed term? If no fixed term I would be serving them with a termination once the Pandemic is over but I suspect you have given a one year fixed term? It looks like from your post you entered into the agreement less than 6 months ago.

    You need to check the legislation and clarify whether or not you are allowed to serve 14 day notice of arrears during the pandemic. You need to be on the ball on this one.

    Are you well up on tenancy law and your rights and obligations - if not, use this time to become familiar with it because you'll need to be.

    In the event of an RTB hearing, do you have someone who can attend for you and make your case for you as you're abroad?


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Pkiernan wrote: »

    Theres nothing you can do now except prepare to start the eviction process when the ban on evictions is lifted. No point in engaging a solicitor now.

    This is exactly why the OP should see a solicitor. The OP can issue the 28 day warning letter for rent arrears and stayed in at that but for the emergency legislation the tenancy could be terminated. Even during the emergency, landlords need to keep the paper trail complete so that when the emergency legislation expires there in a position to move immediately. Part of the reason the process takes so long as people realise too late what they should have done.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Mustardson wrote: »
    Hi,


    I appreciate that there is little sympathy for landlords. However, I put all my savings into buying this apartment, and don't think I should be treated the same as some person who has 5 properties etc.

    Thank you.

    You saying there should be one law for the rich and another for the poor? That is not the way it works. You will be treated in exactly the same way as any other landlord. You will have to go through the process, issue notices complaint to the Party be about overhauling and get your determination order. That is the same as anybody else in your position. You had better make sure your tenancy is registered with the Party be and that everything is in order to remove your tenant. As far as the Rent Allowance goes, have you an Irish agent who can sign the necessary documents?


  • Registered Users, Registered Users 2 Posts: 1,226 ✭✭✭Valhallapt


    OP is travelling for a year or maybe two. Revenue would consider him to be ordinarily resident in Ireland so no need for the 20% withholding tax, only if he stays on a bit longer.


  • Posts: 0 [Deleted User]


    We better get used to more threads like this, except for the travelling part. The RTA/RTB is like a golden shield made for times like this. Tenants can effectively ride out the next year rent free without fear of being evicted during it.

    It is possible that in these extraordinary times that when the emergency legislation period ends, forced evictions and a penalty fine followed by reletting may be seen as a better financial option than waiting a year for eviction. This is going to be a legal, financial and societal quagmire which is likely to reduce stock even further.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Valhallapt wrote: »
    OP is travelling for a year or maybe two. Revenue would consider him to be ordinarily resident in Ireland so no need for the 20% withholding tax, only if he stays on a bit longer.

    The rule is once you have been non-resident for >183 in the *previous* tax year, you are not considered to be tax resident in the current tax year. Aka the OP remains tax resident for year one, but if they do not return to Ireland in year 2 and spend at least 183 of year 2 here, they are not considered to be tax resident for year 2, on the basis they exceeded 183 days of non-residence in the previous year......


  • Registered Users, Registered Users 2 Posts: 267 ✭✭overkill602


    Lots of people are responsible when renting out there.
    This is why I and many agencies require prospective tenants bank statements and payslips showing previous history of rent been paid on time as LL refs are not enough.
    This type of activity come at a cost for future renters.
    If these people have no money they can request help from SS
    A database of rent defaulters and early evictions never going to happen, even with no pandemic they could have done the same knowing they can game it for 18 months especially if they take advantage of the LL being out of the country.
    Rtb may want to revise the fine for taking the law into owners hands as it would match the expense and loss of rent.


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  • Registered Users, Registered Users 2 Posts: 42 Maitguel


    If I had a property and my tenant didn’t pay rent and refused to leave I would move into the property too. Just throw an auld mattress on the ground and take what’s in the fridge. I can’t be removed from my own premises so if they want to continue living with me in the property while we sort this out in the TRB that would be fine with me.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Rtb may want to revise the fine for taking the law into owners hands as it would match the expense and loss of rent.

    The RTB doesn't decide the upper limit of the fine. The legislature does.


  • Posts: 0 [Deleted User]


    Maitguel wrote: »
    If I had a property and my tenant didn’t pay rent and refused to leave I would move into the property too. Just throw an auld mattress on the ground and take what’s in the fridge. I can’t be removed from my own premises so if they want to continue living with me in the property while we sort this out in the TRB that would be fine with me.

    If only life was that simple. If they lease the whole property, you are disturbing their peaceful enjoyment and breaking the terms of the tenancy. In this case, the tenant is far better protected than you, even if they stop paying rent.


  • Registered Users, Registered Users 2 Posts: 4,238 ✭✭✭hoodie6029


    Fol20 wrote: »
    Honestly, from the get go, you didn’t play your cards right in assessing your tenant. Never never trust tour tenants and their promises.

    How much does he earn - ask for a payslip
    How much saving does he have - ask for a bank statement
    References - look into how long he has worked for existing company and check them on Facebook and LinkedIn
    Ll reference - don’t really amount to much but call them to and try and get his second last ll reference.

    I wouldn't give a bank statement or payslip to a landlord or agent. You'll get a letter from my employer stating I'm in permanent employment, a Landlord reference and that's it.

    This is water. Inspiring speech by David Foster Wallace https://youtu.be/DCbGM4mqEVw?si=GS5uDvegp6Er1EOG



  • Registered Users, Registered Users 2 Posts: 1,587 ✭✭✭DesperateDan


    No one has suggested the thing that always comes up when I see these threads and what I would unfortunately do in the same situation: Offer the tenant 1 - 2 months rent in cash (low ball with €1700 first) in order for them to leave (then make sure they have done so, new locks, security etc).

    Will save you a lot of money in the long run, and there seems to be a lot more properties on the market right now so you never know. If tenant has truly lost his job and can't afford anything he would be mad to leave though when he has your lovely apt., so 3 or 4 months worth of cash might be required


  • Posts: 0 [Deleted User]


    hoodie6029 wrote: »
    I wouldn't give a bank statement or payslip to a landlord or agent. You'll get a letter from my employer stating I'm in permanent employment, a Landlord reference and that's it.

    Move aside there, next.


  • Registered Users, Registered Users 2 Posts: 2,328 ✭✭✭Mezcita


    No one has suggested the thing that always comes up when I see these threads and what I would unfortunately do in the same situation: Offer the tenant 1 - 2 months rent in cash (low ball with €1700 first) in order for them to leave (then make sure they have done so, new locks, security etc).

    Will save you a lot of money in the long run, and there seems to be a lot more properties on the market right now so you never know. If tenant has truly lost his job and can't afford anything he would be mad to leave though when he has your lovely apt., so 3 or 4 months worth of cash might be required

    Why would the tenant leave if they are in the frame of mind about staying for free? €3,400 cash versus €20,400 worth of free accommodation.

    OP has my sympathies on this.


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Maitguel wrote: »
    If I had a property and my tenant didn’t pay rent and refused to leave I would move into the property too. Just throw an auld mattress on the ground and take what’s in the fridge. I can’t be removed from my own premises so if they want to continue living with me in the property while we sort this out in the TRB that would be fine with me.

    It's probably as well that you don't.

    Harassment and if 'successful', illegal eviction all in one. Your hypothetical tenants bank balance would thank you.

    Mod Note

    Please read the forum charter before posting again. Any further suggestions of the law breaking variety will not be appreciated.

    Do not reply to this post.


  • Registered Users, Registered Users 2 Posts: 4,238 ✭✭✭hoodie6029


    Dav010 wrote: »
    Move aside there, next.

    More than happy to.

    This is water. Inspiring speech by David Foster Wallace https://youtu.be/DCbGM4mqEVw?si=GS5uDvegp6Er1EOG



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  • Registered Users, Registered Users 2 Posts: 614 ✭✭✭tvjunki


    In regards to rental allowance check what is the maximum Rent level is allowed they are allowed. If they are a couple then they may only be allowed 900 or 1000 in total rent for rental allowance. Your rent is above this then the tenants will not get any rental help from the state.


    You can have a family member as an agent then the 20% does not have to be held by the tenant. If the tenant does not pass the 20% to revenue but have stopped paying this to you you will still be liable for the 20% and you will have to sue the tenant to get that back.


  • Closed Accounts Posts: 399 ✭✭lsjmhar


    Mustardson wrote:
    I am a landlord with a 2-bed apartment in North-West Dublin. I bought the apartment in 2018 (at age 28, with all my savings and a parental loan too!). Late last year I decided to go travelling with my girlfriend and move to Australia for a year or potentially two, and rented out the apartment.

    Mustardson wrote:
    The rent is 1,700 Euro per month. The tenant advised that their work has been stopped temporarily due to Covid-19, and is refusing to pay anything. They say when they get the rent supplement, they will give me that (a maximum of 900 Euro). However, they are refusing to contribute a single cent themselves. I've tried to open negotiations to a fair compromised rate during the pandemic but he refuses.

    Mustardson wrote:
    He only submitted the rent supplement form this week, despite claiming he lost his work 5 weeks ago. I was also conscious of renting for the first time and before signing the agreement had unofficial conversations with them asking about their savings etc., as I didn't want to have to evict a couple with a child. He promised he had savings. I explicitly asked about if he lost his job would he be OK for 3-6 months, and he promised he would be. I appreciate this isn't legally binding but I feel it shows that he is using this situation to take advantage of me.

    Mustardson wrote:
    Does anyone have any advice as to how I should proceed? I feel I've been fair with my assessment, but the next month's rent is due today and he has paid nothing. My parents suggested contacting a solicitor but they said they wouldn't get involved (I assume they don't want their name attached to any potential issues down the line). All the guidance from the government advises that tenants still have to pay their rent but all those messages are just being ignored.

    Mustardson wrote:
    I appreciate that there is little sympathy for landlords. However, I put all my savings into buying this apartment, and don't think I should be treated the same as some person who has 5 properties etc. I'm now working in Australia paying living costs, rent and bills for myself and my girlfriend, who is unable to get a job as over 800,000 Australians have been let go and the working holiday visa is quite restrictive for employers. This is on top of my mortgage/management fees etc. for the apartment at home.

    Mustardson wrote:
    Any advice would be appreciated.

    Mustardson wrote:
    Thank you.

    Welcome to the world of the landed class! This is the story of so many people on here unfortunately!!


  • Closed Accounts Posts: 3,292 ✭✭✭TheBoyConor


    Given that by the book eviction is night on impossible these days and that you may have to go a year or 18 months without a cent in rent, one starts to wonder whether it might be more cost effective to just go ahead and evict anyway, and deal with the rtb case and payout .
    It might work out cheaper than the losses arising from a protracted period with no rent.


  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Paulownia


    I n the case of a non paying tenant you must issue a warning and you should do that as soon as possible rather than doing deals, that is the legislation, not easy to get a tenant out at the best of times and impossible during the lockdown but you might as well take the first step, look on the PRTB website and follow the formulas. Many tenants who can afford to pay are presently withholding rent in the hope that the government will make a decision that landlords will have to waive rent but that is unconstitutional


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Mod Note

    Discussion of withholding tax moved to a separate thread.


  • Registered Users, Registered Users 2 Posts: 74 ✭✭Carioco


    I'm pretty sure anyone could open a credit card if they haven't already.

    Unfortunately you are goosed. Your going to be waiting at least 18 months. You'll have to give them an incentive to leave i.e pay them to go.

    After Covid I would serve them the notice and wait the period required. I know people who have gone down the forcible eviction route and although it some cases they went on their way, it went legal and was a nightmare. You'd also be turfing out a couple with a kid so if it did go legal then you'd be hit hard.

    Correct me if I'm wrong but two parents is 2800euros a month, plus child allowance and if they're not married they would get single mother allowance. They could easily afford to pay even 1500euros a month if they had the intention to do so.

    I think you're in for a long ride OP. Take the hit and pay them a few grand to get them out. You'll save money in the long term.


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  • Registered Users, Registered Users 2 Posts: 5,367 ✭✭✭JimmyVik


    Carioco wrote: »
    I'm pretty sure anyone could open a credit card if they haven't already.

    Unfortunately you are goosed. Your going to be waiting at least 18 months. You'll have to give them an incentive to leave i.e pay them to go.

    After Covid I would serve them the notice and wait the period required. I know people who have gone down the forcible eviction route and although it some cases they went on their way, it went legal and was a nightmare. You'd also be turfing out a couple with a kid so if it did go legal then you'd be hit hard.

    Correct me if I'm wrong but two parents is 2800euros a month, plus child allowance and if they're not married they would get single mother allowance. They could easily afford to pay even 1500euros a month if they had the intention to do so.

    I think you're in for a long ride OP. Take the hit and pay them a few grand to get them out. You'll save money in the long term.




    There are already people who hold property and actually ask for money to leave. Do we really want to encourage more people to do that?


  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Paulownia


    JimmyVik wrote: »
    There are already people who hold property and actually ask for money to leave. Do we really want to encourage more people to do that?

    I wouldn’t pay them either, go down the warning route and after those the notice to quit and the PRTB will back you up on getting them out but in my experience expect to have a major cleanup after that


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Given that by the book eviction is night on impossible these days and that you may have to go a year or 18 months without a cent in rent, one starts to wonder whether it might be more cost effective to just go ahead and evict anyway, and deal with the rtb case and payout .
    It might work out cheaper than the losses arising from a protracted period with no rent.

    What if the RTB obtained an injunction forcing you to let the tenant back in? You would have the costs of the injunction plus the lack of rent , plus the fine for an illegal eviction.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Paulownia wrote: »
    I wouldn’t pay them either, go down the warning route and after those the notice to quit and the PRTB will back you up on getting them out but in my experience expect to have a major cleanup after that

    There is no such thing as a notice to quit in residential tenancies. During the emergency notices of termination can't be served. The RTB has a discretion on enforcing its own orders and may or may not back up a landlord.


  • Posts: 0 [Deleted User]


    What if the RTB obtained an injunction forcing you to let the tenant back in? You would have the costs of the injunction plus the lack of rent , plus the fine for an illegal eviction.

    The RTB obtains a high court injunction for an illegal eviction? That would cost a bit when they are all added up. I didn’t think they were that well funded.

    Crazy stuff!.


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  • Registered Users, Registered Users 2 Posts: 590 ✭✭✭Paulownia


    There is no such thing as a notice to quit in residential tenancies. During the emergency notices of termination can't be served. The RTB has a discretion on enforcing its own orders and may or may not back up a landlord.

    In my experience with the PRTB they have been very helpful but in each case I was working through them and not that the tenant used them against me, get to them first!


  • Registered Users, Registered Users 2 Posts: 267 ✭✭overkill602


    What if the RTB obtained an injunction forcing you to let the tenant back in? You would have the costs of the injunction plus the lack of rent , plus the fine for an illegal eviction.


    And what if the place was no longer habitable needed work could they force the LL to make good where would the tenants stay while this is being done
    Any future relationship would be be less than amicable owner may have moved somebody else in or sold the property
    Would want a proven thief back on your property.


  • Registered Users, Registered Users 2 Posts: 74 ✭✭Carioco


    JimmyVik wrote: »
    There are already people who hold property and actually ask for money to leave. Do we really want to encourage more people to do that?

    I detest it but I am just trying to help the OP.

    He can choose 18 months of no rent or pay the tenants a few bob and move them on and get paying tenants in their place.

    18 months x 1700 is 30,600euros. He could probably get them out for 3000 and he would be over half way there on the deposit alone off his new tenants.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Dav010 wrote: »
    The RTB obtains a high court injunction for an illegal eviction? That would cost a bit when they are all added up. I didn’t think they were that well funded.

    Crazy stuff!.

    There is no need to go to the High Court for an injunction. The RTB is in the High Court frequently in any case. In most cases the RTB contacts the landlord and tells the landlord that unless the tenant is let back in straight away the RTB will seek an injunction and the landlord may be made liable for the costs.

    Residential Tenancies Act.

    189.—(1) In this section “dispute” means a dispute falling within the jurisdiction of the Board under Part 6.

    (2) The following provisions have effect if the circumstances giving rise to or involving the dispute are such that, were proceedings in the Circuit Court to be brought in relation to the dispute, it would be appropriate to apply to that court for interim or interlocutory relief in the matter.

    (3) On being requested by the person (the “referrer”) who has referred or is referring a dispute to it to do so, the Board may apply, on the referrer's behalf, to the Circuit Court for such interim or interlocutory relief in the matter as the Board considers appropriate.

    (4) In deciding whether to accede to such a request the Board may have regard to—

    (a) the merits, as they appear to it, of the referrer's contentions that will be dealt with by an adjudicator or the Tribunal,

    (b) the amount of damages the Board is likely to have to pay to the respondent to the application (on foot of an undertaking required of it by the court to pay such damages) in the event such damages have to be paid, but the Board's opinion—

    (i) that those contentions of the referrer are unlikely to be accepted by an adjudicator or the Tribunal, or

    (ii) that the amount of those damages is likely to be substantial,

    shall, in neither case, and without prejudice to subsection (5) be conclusive in favour of the Board's refusing to accede to the request if, in all the circumstances, the Board considers that it ought to accede to it.

    (5) The fact of the Board's being of the opinion referred to in subsection (4)(ii) shall not be taken into account by it in deciding whether to accede to a request under subsection (3) if the referrer undertakes to defray in whole the amount of damages the Board may become liable to pay in the circumstances mentioned in subsection (4) and the Board is satisfied the referrer has the means to be able to comply with that undertaking.

    (6) On application to the Circuit Court by the Board under this section, the Circuit Court may grant such interim or interlocutory relief in the matter as it thinks appropriate.


  • Registered Users, Registered Users 2 Posts: 10,179 ✭✭✭✭Caranica


    Carioco wrote: »
    I detest it but I am just trying to help the OP.

    He can choose 18 months of no rent or pay the tenants a few bob and move them on and get paying tenants in their place.

    18 months x 1700 is 30,600euros. He could probably get them out for 3000 and he would be over half way there on the deposit alone off his new tenants.

    And the tenant could still raise an illegal eviction case.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Caranica wrote: »
    And the tenant could still raise an illegal eviction case.
    If the tenant leaves voluntarily they have no grounds for an eviction case.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Carioco wrote: »
    I detest it but I am just trying to help the OP.

    He can choose 18 months of no rent or pay the tenants a few bob and move them on and get paying tenants in their place.

    18 months x 1700 is 30,600euros. He could probably get them out for 3000 and he would be over half way there on the deposit alone off his new tenants.

    And the new tenants could very well play the same stunt.
    Keep in mind Sinn Féin's Eoin O'Broin is still gunning for a lumpsum payment to all tenants when they vacate a tenancy. The idea is out there- and some people are running with it for all its worth.


  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    And the new tenants could very well play the same stunt.
    Keep in mind Sinn Féin's Eoin O'Broin is still gunning for a lumpsum payment to all tenants when they vacate a tenancy. The idea is out there- and some people are running with it for all its worth.

    Sinn Fein.. when we were all in the trenches not a peep from them now that Leo has given the signal of the road to come out of the lock down you will hear all their brilliant ideas. Clueless they are


  • Registered Users, Registered Users 2 Posts: 2,994 ✭✭✭Taylor365


    The smugness in which people respond to LLs just trying to protect their asset...


    Would swear they weren't offering a non-compulsory service :pac:


  • Banned (with Prison Access) Posts: 352 ✭✭lord quackinton


    Mustardson wrote: »
    Hi,

    I am a landlord with a 2-bed apartment in North-West Dublin. I bought the apartment in 2018 (at age 28, with all my savings and a parental loan too!). Late last year I decided to go travelling with my girlfriend and move to Australia for a year or potentially two, and rented out the apartment.

    The rent is 1,700 Euro per month. The tenant advised that their work has been stopped temporarily due to Covid-19, and is refusing to pay anything. They say when they get the rent supplement, they will give me that (a maximum of 900 Euro). However, they are refusing to contribute a single cent themselves. I've tried to open negotiations to a fair compromised rate during the pandemic but he refuses.

    He only submitted the rent supplement form this week, despite claiming he lost his work 5 weeks ago. I was also conscious of renting for the first time and before signing the agreement had unofficial conversations with them asking about their savings etc., as I didn't want to have to evict a couple with a child. He promised he had savings. I explicitly asked about if he lost his job would he be OK for 3-6 months, and he promised he would be. I appreciate this isn't legally binding but I feel it shows that he is using this situation to take advantage of me.

    Does anyone have any advice as to how I should proceed? I feel I've been fair with my assessment, but the next month's rent is due today and he has paid nothing. My parents suggested contacting a solicitor but they said they wouldn't get involved (I assume they don't want their name attached to any potential issues down the line). All the guidance from the government advises that tenants still have to pay their rent but all those messages are just being ignored.

    I appreciate that there is little sympathy for landlords. However, I put all my savings into buying this apartment, and don't think I should be treated the same as some person who has 5 properties etc. I'm now working in Australia paying living costs, rent and bills for myself and my girlfriend, who is unable to get a job as over 800,000 Australians have been let go and the working holiday visa is quite restrictive for employers. This is on top of my mortgage/management fees etc. for the apartment at home.

    Any advice would be appreciated.

    Thank you.

    I know you do not want hear this but get a good solicitor And sell the property
    It will take time and cost you money but Ireland is no place for small landlords who need the rental income to pay the mortgage
    It’s a mugs game and the landlord is always the mug

    Best now just get the solicitor to deal with it completely and you just try and forget about it and live your life and be happy
    I know it’s hard but you cannot let yourself dwell to much on this or you will go off your head
    Good luck


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