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Rights that a tenant has if they have rented property for more than 10 years

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    #32
    PetitPois89
    Registered Users Posts: 99 ✭✭PetitPois89


    dcasey73 wrote: »
    Could I threaten them with raising the rent in order to cover the costs? In other words "if you don't pay I will have to raise the rent significantly".

    No you cannot. It is extremely difficult to prove the tenants are at fault here. You would need an engineer/builders report and there would need to be clear and concise evidence of neglect or misuse on the tenants part. It’s their word against yours.

    Take the hit and cover the costs and leave your tenants be. They’ve been no trouble for 10 years and haven’t cost you a penny. Sounds like you’re being very unreasonable here


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    #33
    FishOnABike
    Registered Users Posts: 4,358 ✭✭✭FishOnABike


    dcasey73 wrote: »
    Well that's the thing. I think the timber framing could be significantly rotted. Could I get them to pay for this by threatening to raise the rent in order to cover the costs?

    If the property is in a rent pressure zone you can only increase the rent in line with the residential tenancy board guidelines / legislation.


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    #34
    Caranica
    Registered Users Posts: 10,012 ✭✭✭✭Caranica


    Like another poster I'm intrigued as to how you "let damp in"? I agree that dampness issues are usually caused by lack of ventilation, windows not being opened, vents blocked up etc?


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    #35
    brian_t
    Registered Users Posts: 6,658 ✭✭✭brian_t


    Damaged roof slates can let water in.


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    #36
    Caranica
    Registered Users Posts: 10,012 ✭✭✭✭Caranica


    brian_t wrote: »
    Damaged roof slates can let water in.

    "Let damp into the room via the windows" according to the OP. As opposed to letting water into the room?


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    #37
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    If you want to get rid of the tenant on the basis of this damage you will have to give the tenant the opportunity to repair the damage. The RTB expect an inspection every three months and will only hold the tenant liable for any damage which occurred before the 3 monthly inspection was due.

    The tenant is part 4 protected and you will have trouble getting them out at all. In fact you are in breach of your landlord obligations in failing to provide damp free accommodation. You are unlikely to get the tenant out and may well have to compensate the tenant.
    You are the author of your own misfortune.


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    #38
    gibgodsman
    Registered Users Posts: 563 ✭✭✭gibgodsman


    Sounds to me like you let your property just become an income for the past 10 years without any care to maintain it, then once an issue occurred you blamed the tenant and not yourself for keeping your property maintained, its not their job to maintain your property for 10 years, its yours to do annual checks and make sure everything is ok, not leave it for 3 years and hope they do your job for you.


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    #39
    Screwthebeast
    Registered Users Posts: 16 ✭Screwthebeast


    dcasey73 wrote: »
    To be honest there were no problems in the earlier years of the tenancy so I never really had to carry out any maintenance. I inspected it about three years ago and everything seemed okay.

    Right, this problem is on you then, it's your obligation to maintain the property, the tenant is a tenant not a free surveyor.

    YOU must realise they may have no clue, that's why you inspect.


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    #40
    Discodog
    Registered Users Posts: 15,827 ✭✭✭✭Discodog


    I was talking with a friend who has rented the same house for 20 years, with no written agreement & presumably no RTB. She also pays her rent in cash with no receipts.

    How easy would it be for her to be evicted ?


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    #41
    Dav010
    Registered Users Posts: 14,008 ✭✭✭✭Dav010


    Discodog wrote: »
    I was talking with a friend who has rented the same house for 20 years, with no written agreement & presumably no RTB. She also pays her rent in cash with no receipts.

    How easy would it be for her to be evicted ?

    As easy as any other tenant, which isn’t easy if the tenant doesn’t want to go.


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    #42
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,436 Mod ✭✭✭✭Kimbot


    3 years without an inspection........ the blame of this is on your own shoulders. If you done even a yearly inspection then this would have been picked up before it got bad by you. First thing to do now is get a quote for repair and see how bad the damage is. If its a long time accumulating then take the hit on the chin and make sure you do regular enough inspections to stop things like this happening.


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    #43
    ted1
    Registered Users Posts: 23,270 ✭✭✭✭ted1


    Discodog wrote: »
    I was talking with a friend who has rented the same house for 20 years, with no written agreement & presumably no RTB. She also pays her rent in cash with no receipts.

    How easy would it be for her to be evicted ?

    She’d need a long notice period. (224 days)
    Also depends on where she is currently in her 6 year part 4 tenancy


    Preventing a further Part 4 tenancy

    If your landlord wants to stop a further Part 4 tenancy from coming into existence, they can serve a notice during the original Part 4 tenancy, with the notice period expiring on or after the end of the tenancy. A notice served in this way should provide a reason for termination. The reason does not need to be one of the valid grounds for terminating a Part 4 tenancy.


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    #44
    Discodog
    Registered Users Posts: 15,827 ✭✭✭✭Discodog


    ted1 wrote: »
    She’d need a long notice period. (224 days)
    Also depends on where she is currently in her 6 year part 4 tenancy


    Preventing a further Part 4 tenancy

    If your landlord wants to stop a further Part 4 tenancy from coming into existence, they can serve a notice during the original Part 4 tenancy, with the notice period expiring on or after the end of the tenancy. A notice served in this way should provide a reason for termination. The reason does not need to be one of the valid grounds for terminating a Part 4 tenancy.

    There is no written agreement, no ptb & no proof of paid rent as she pays in cash with no receipts.


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    #45
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Discodog wrote: »
    There is no written agreement, no ptb & no proof of paid rent as she pays in cash with no receipts.

    Your "friend" sounds like a wonderful person.

    I hope they get what's coming to them.


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    #46
    Discodog
    Registered Users Posts: 15,827 ✭✭✭✭Discodog


    [Deleted User] wrote: »
    Your "friend" sounds like a wonderful person.

    I hope they get what's coming to them.

    What have they done wrong?


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    #47
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    Discodog wrote: »
    There is no written agreement, no ptb & no proof of paid rent as she pays in cash with no receipts.

    So what. She will have utility bills and other correspondence to the address. neighbours will be able to say they saw her living there. Do you think the landlord is going to go to the RTB and say she never lived there, or if she did it was on a rent free basis?


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    #48
    Discodog
    Registered Users Posts: 15,827 ✭✭✭✭Discodog


    Claw Hammer wrote: »
    So what. She will have utility bills and other correspondence to the address. neighbours will be able to say they saw her living there. Do you think the landlord is going to go to the RTB and say she never lived there, or if she did it was on a rent free basis?

    She's very happy there & gets on well with the landlord. She was a little concerned about her rights as there's no written agreement. She was also worried that she might have a responsibility to notify the PTB of the tenancy.


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    #49
    Dempo1
    Registered Users Posts: 26,924 ✭✭✭✭Dempo1


    Whilst I sympathise with OP, I got a sense Deliberate damage was caused but have to question how one proves a tenant deliberately and over a very long time allowed dampness cause extensive damage to drywall. With a tenancy stretching 10 years how does one prove such a long standing tenant suddenly becomes irresponsible, it won't make any sense if legal proceedings are issued. The harsh a painful reality (and not knowing the full facts) is OP should follow to the letter any legal notice requirements, document and fix the issues immediately and move on. Blunt yes but I see no easy way to resolve the trust that has broken down.

    Is maith an scáthán súil charad.




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    #50
    Flinty997
    Registered Users Posts: 11,527 ✭✭✭✭Flinty997


    dcasey73 wrote: »
    Hi all,

    So I've rented out an apartment to someone for more than 10 years who I believe is responsible for significant damage caused to the property over the last year.

    I'm wondering if I fix the damage, send a bill to the tenant and discover that the tenant wont pay what can I legally do? I've read that I can give them a 30 days "Notice with cause" to terminate the tenancy.

    However I've also read on Citizen's Information that I need to give the tenant 224 days notice before I can kick them out. This is because they've been living in the accommodation for more than 10 years.

    I'm confused at what I'm legally able to do in order for them to pay for the damage caused. Can I bring them to the small claims court or something along those lines?

    Thanks

    The question really is will the cost of getting a judgment be more than the judgment is worth. Especially if they can't pay it. That's assuming you win. Which is unlikely.


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