Anyone any experience dealing with RTB?

PSOC_2020

I am a LL of a 2-bed apartment in Dublin city. 2 professionals from abroad started a rental with me from the start of the year and then stopped paying in February without notifying me. I contacted them from March but no reply and have not replied since - they send my number to voicemail and dont repsond to emails. I am now 4 months without rent and would have been prepared to negotiate with them if they had communicated with me but no joy.

Recently, I saw a room in my apartment on Daft as a sub-letting for €950 per month!

I am now going to lodge a dispute with the RTB for unpaid rent - they recommended I do this.
Just wondering has anyone else been in contact with the RTB in similar circumstances? And any joy??

perfectkama

A new tenant has 6 months before the start a part4 you could have issued a 28 day notice without a reason might got out before the new covid legislation now the are on part 4 and are entitled to 6 years.
The law states nobody can be evicted till later this month and that could change.
Given this new layer of tenant protection I would seek legal advise and this will start with an arrears notice 14+1 days the foll on notice to quit is prohibited under the new law so after lodge a complaint with the RTB.
prepare for a long draw out process, the subletting is cheeky

PSOC_2020

perfectkama wrote: »

A new tenant has 6 months before the start a part4 you could have issued a 28 day notice without a reason might got out before the new covid legislation now the are on part 4 and are entitled to 6 years.

Indeed - however, the 6 month period before part 4 is being extended by the emergency period, so at least some benefit there.

brisan

Welcome to the world of landlords
I assume you checked references ,payslips etc before leasing the apartment
You are going to find it very difficult and very expensive to get your property back

PSOC_2020

I got a landlord reference and healthy bank account details. They had a lot saved in Irish bank accounts but I didn't see income statements. They are both managers in the same company - not sure if I can follow up with the company itself ...

AnRothar

PSOC_2020 wrote: »

. They are both managers in the same company - not sure if I can follow up with the company itself ...

The fact that they both are managers in the same company is irrelevant.
Your relationship is with your tenants not anyone else.
Tread wearily before attempting to contact them at their place of employment.

perfectkama

PSOC_2020 wrote: »

Indeed - however, the 6 month period before part 4 is being extended by the emergency period, so at least some benefit there.

Indeed you are correct the 6 month window is frozen and resumes after the emergency legislation for covid19.
So OP you can issue a 28+1 day no reason required notice, download from RTB and issue immediately after the 20th july after that if they don't leave seek a determination from RTB

cruizer101

I'd be inclined to get a new sim card and enquire about the room to rent maybe even offer over the asking and turn up to view it, see how they react when they see you.

perfectkama

Better still get a friend to secure it oh a pleasant guy at first who could act like a tenant from hell on steroids gone within 24hours, maybe on suggesting a three some together

beauf

perfectkama wrote: »

Better still get a friend to secure it oh a pleasant guy at first who could act like a tenant from hell on steroids gone within 24hours, maybe on suggesting a three some together

.. and set up a bed in the living room and sub let it.

PSOC_2020

perfectkama wrote: »

Indeed you are correct the 6 month window is frozen and resumes after the emergency legislation for covid19.
So OP you can issue a 28+1 day no reason required notice, download from RTB and issue immediately after the 20th july after that if they don't leave seek a determination from RTB

Yeah - I may hold off with lodging the dispute for unpaid rent and wait until the eviction ban lifts. If I lodge a dispute, it might just complicate things later and I'll never get rid of them.

arctictree

Are you not the victim of a scam or fraud? I'd get the guards involved.

PSOC_2020

arctictree wrote: »

Are you not the victim of a scam or fraud? I'd get the guards involved.

I was thinking of getting the guards involved but I know they would refer me to the RTB for "dispute resolution". But, yeah, I have been scammed and I have proof with non-payment of rent and the public ads for sub-letting. They had *big* bank accounts in Irish banks, so were well capable of paying the rent.

arctictree

Might be stating the obvious here but have you not called around to them and asked them for their reasons for not paying rent?

PSOC_2020

arctictree wrote: »

Might be stating the obvious here but have you not called around to them and asked them for their reasons for not paying rent?

Interesting, I have considered that but do I not need to agree with them when to come and visit? Given they don't respond to emails and calls, can I just arrive (after letting them know by text/email) and let myself in ...

perfectkama

you should consider they could be reading this thread

beauf

This is basically theft and the law is facilitating it.

Apart from the financial aspect. The stress of dealing with this is not insignificant.

Curious1002

I think visiting the unresponsive tenants is justifiable, you can call it a welfare check as you heard nothing from them in months. Simply text/email them in the morning advising that you are coming over today at 8pm to "check if they are ok or if they need help because you worry about them". This way you will secure all avenues with the RTB in case they claim you just showed up to harass them. Also, make sure you take screen shots of the Daft ads, they would be super helpful at the hearing, otherwise they will say "never happened". From now on all your correspondence with them is via email or text, no more phone calls unless you download an app e.g. Cube ACR that records all your calls automatically to your phone. If a call happens without a recording then send them a quick text afterwards thanking for the call and state in it what you both agreed or chatted about.

I am a tenant myself, not a landlord but hate when tenants take advantage of the other side or cause damages to places. I play fair. You sound like a good and respectful landlord.

iwillhtfu

Sounds like they may well have gone home and are now trying to sub let your apartment. I'd call around or at least arrange a viewing of the room they're trying to sublet. It's utter madness that this can be allowed to go on. The RTB are an absolutely useless organisation.

messrs

iwillhtfu wrote: »

Sounds like they may well have gone home and are now trying to sub let your apartment. I'd call around or at least arrange a viewing of the room they're trying to sublet. It's utter madness that this can be allowed to go on. The RTB are an absolutely useless organisation.

I agree with this, if you dont want to do the viewing yourself, surely you have someone you can ask to go and do it for you and get you back the relevant information

PSOC_2020

iwillhtfu wrote: »

Sounds like they may well have gone home and are now trying to sub let your apartment. I'd call around or at least arrange a viewing of the room they're trying to sublet. It's utter madness that this can be allowed to go on. The RTB are an absolutely useless organisation.

Agree 100%. RTB seem to only represent the interests of tenants - there is no come back for this kind of wrong-doing, excepyt going through a long dispute process with practically 0 chance of resolution.

The RTB confirmed that I cannot approach the tenants under any circumstances until the eviction ban has been lifted, even if they don't respond to requests to inspect the apartment.

They further confirmed that tenants do have the right to sub-let, as long as they inform the landlord (can be after the fact!!)

s1ippy

Curious1002 wrote: »

I think visiting the unresponsive tenants is justifiable, you can call it a welfare check as you heard nothing from them in months. Simply text/email them in the morning advising that you are coming over today at 8pm to "check if they are ok or if they need help because you worry about them". This way you will secure all avenues with the RTB in case they claim you just showed up to harass them. Also, make sure you take screen shots of the Daft ads, they would be super helpful at the hearing, otherwise they will say "never happened". From now on all your correspondence with them is via email or text, no more phone calls unless you download an app e.g. Cube ACR that records all your calls automatically to your phone. If a call happens without a recording then send them a quick text afterwards thanking for the call and state in it what you both agreed or chatted about.

I am a tenant myself, not a landlord but hate when tenants take advantage of the other side or cause damages to places. I play fair. You sound like a good and respectful landlord.

You need to give 24 hours notice.

beauf

PSOC_2020 wrote: »

Agree 100%. RTB seem to only represent the interests of tenants - there is no come back for this kind of wrong-doing, excepyt going through a long dispute process with practically 0 chance of resolution.

The RTB confirmed that I cannot approach the tenants under any circumstances until the eviction ban has been lifted, even if they don't respond to requests to inspect the apartment.

They further confirmed that tenants do have the right to sub-let, as long as they inform the landlord (can be after the fact!!)

...and the RTB is mostly funded by LLs AFAIK.

That said I know LLs who have won their cases with the RTB. Not that winning made any difference.

HillFarmer

PSOC_2020 wrote: »

Agree 100%. RTB seem to only represent the interests of tenants - there is no come back for this kind of wrong-doing, excepyt going through a long dispute process with practically 0 chance of resolution.

The RTB confirmed that I cannot approach the tenants under any circumstances until the eviction ban has been lifted, even if they don't respond to requests to inspect the apartment.

They further confirmed that tenants do have the right to sub-let, as long as they inform the landlord (can be after the fact!!)

Wow!

How unfair is that.

Claw Hammer

PSOC_2020 wrote: »

The RTB confirmed that I cannot approach the tenants under any circumstances until the eviction ban has been lifted, even if they don't respond to requests to inspect the apartment.

They further confirmed that tenants do have the right to sub-let, as long as they inform the landlord (can be after the fact!!)

I don't believe a word of it.

beauf

Claw Hammer wrote: »

I don't believe a word of it.

Awesome song...

https://www.youtube.com/watch?v=W9xyWxXyOOg

When you are dealing with RTB I think you have to have a robust argument. They do tend to side with tenants.

Claw Hammer

beauf wrote: »

Awesome song...

https://www.youtube.com/watch?v=W9xyWxXyOOg

When you are dealing with RTB I think you have to have a robust argument. They do tend to side with tenants.

The RTB tends to follow the law when it is clear and does not give out advice which is absolutely wrong.

TSQ

Are you sure they are even living there themselves? I know of one Brazilian who worked for a language school who rented several apartments under pretext as a couple and then sublet rooms - and even beds - on short lets to his overseas students. He was making a fortune. So the first thing I would do would be to drop round and find out who is actually living there. If not your tenants, then advise the actual residents they will have to start paying you rent.

dennyk

Claw Hammer wrote: »

I don't believe a word of it.

There may be some confusion in terminology at play. Actually subletting (moving out yourself and letting your rented residence out to another full tenant who will live there in your place) requires the permission of the landlord. Letting out a room in your rented property to a licensee while you still live there (which some people also refer to as "subletting", even though it doesn't fall under the legal definition) does not require permission from the landlord; the landlord only need to be informed of the name of the person who the tenant has invited to stay with them. (If said guest violates the lease in some way, e.g. anti-social behaviour, damaging the property, creating an overcrowding situation in violation of local codes, etc., then the landlord may be able to serve the tenant notice on those grounds, though; the tenant is still fully responsible for ensuring the tenancy agreement terms are not violated by any of their guests...)

Claw Hammer

dennyk wrote: »

There may be some confusion in terminology at play. Actually subletting (moving out yourself and letting your rented residence out to another full tenant who will live there in your place) requires the permission of the landlord. Letting out a room in your rented property to a licensee while you still live there (which some people also refer to as "subletting", even though it doesn't fall under the legal definition) does not require permission from the landlord; the landlord only need to be informed of the name of the person who the tenant has invited to stay with them. (If said guest violates the lease in some way, e.g. anti-social behaviour, damaging the property, creating an overcrowding situation in violation of local codes, etc., then the landlord may be able to serve the tenant notice on those grounds, though; the tenant is still fully responsible for ensuring the tenancy agreement terms are not violated by any of their guests...)

The RT certainly know the difference and the poster certainly was up not told what he claims. Most leases will restrict the ability of the tenant to allow anyone else to live in the property without the permission of the landlord. The usual clause is "shall not share, part possession with or allow any other party to be in occupation". If a licensee comes in, the landlord can simply serve a notice for breach of condition and terminate the tenancy on those grounds.

davindub

Claw Hammer wrote: »

The RT certainly know the difference and the poster certainly was up not told what he claims. Most leases will restrict the ability of the tenant to allow anyone else to live in the property without the permission of the landlord. The usual clause is "shall not share, part possession with or allow any other party to be in occupation". If a licensee comes in, the landlord can simply serve a notice for breach of condition and terminate the tenancy on those grounds.

Funnily enough, if the RTB are following your version of the law, you are still incorrect.

If it is only the majority of leases that include this term there is scope for a LL to have no cause of action against the tenant for bringing in a licensee.

Claw Hammer

davindub wrote: »

Funnily enough, if the RTB are following your version of the law, you are still incorrect.

If it is only the majority of leases that include this term there is scope for a LL to have no cause of action against the tenant for bringing in a licensee.

The tenant has to notify the landlord that there is an additional person resident in the property. While the person is still a licensee they've no rights at the landlord may well have a case on grounds of overcrowding.

perfectkama

House insurance requires you to know numbers and whether the are student, working or HAP they are considered different for risk purposes