tenant Overloading

Seth Brundle

https://www.boards.ie/discussion/comment/119500767#Comment_119500767

FFS. You don't listen. You will only remove her by legal channels via the RTB. Anything else will be deemed as harassment and you will be punished.

Clarionclub

https://www.boards.ie/discussion/comment/119500794#Comment_119500794

Hi. I have have done all that and have a solicitor also👍️. Robert Troy ?

Caranica

https://www.boards.ie/discussion/comment/119500795#Comment_119500795

They can go a TD and local papers. They are living in overcrowded accommodation despite owning a house. They can ask the TD for help to improve their living situation. The papers might be interested in the story too. Neither would count as harassment if they're talking about their own living circumstances.

spakman

Dare I mention Joe Duffy?

Clarionclub

https://www.boards.ie/discussion/comment/119500795#Comment_119500795

Hi , i am listening😢 no need to be rude ,sorry for been annoying , i didn't realise you were been sarcastic about involving td's and local papers. Think i will stop commenting on this site as unfortunately it has just made me feel worse and feel more stupid than i've already been.I'm sure everyone some time has made stupid decisions, i have made a big mistake in which has made me and my family hopeless for the foreseeable future and this is breaking my heart .Thanks anyway for all your comments but not in the right frame for this .Thanks everyone for your replies

The_Conductor

@Clarionclub you need to lodge a case with the RTB for possession of your property. The system is setup to protect the tenant- and you are a landlord to a tenant, whether you like it or not.

There is no other valid advice to give you- other than to go to the RTB and open a case with them ASAP.

Presumably the tenant will play the system (lodging appeals to the various stages etc) which can draw out the process by anything between 12 and 24 months. This is the system in Ireland- and unfortunately- when you bought a house with a sitting tenant- you signed up to this.

The only valid advice on this thread has been to contact the Residential Tenancies Board and initiate a case against the overholding tenant- there is no other course of action open to you.

Ignore any idea of harrassing the tenant- it will backfire badly on you- seriously don't go there.

Mrs OBumble

Even with the RTB process, the tenant is only going to leave when they have somewhere they're willing to go.

The sooner you can help that to happen, the sooner they will go.

Having the council unwilling to help them is not in your favour.

I would be making enquiries in the area about other houses which they might be able to move to.

Also, if you or your kids are at all desirable to the local school, GAA club whatever- let the know how much you want to move in, and why you cannot.

StrawbsM

I feel your pain OP. Lodge the case with the rtb asap.

In the meantime, let her know that you want to do an inspection at the house. The rtb advise that one is done every 3 months. Organise an inspection for as soon as possible and she cannot refuse. Check absolutely everywhere and everything in the house for stuff like leaks including in the attic. Check the lease and what she is responsible for (ie: has she painted and the paint is on the skirting boards?). If she needs to rectify some issues give her 10 days until you re inspect.

If she has a partner there it will be an inconvenience hiding his stuff away.

B.A._Baracus

Not good op. You're in for some sh*t.

My dad's friend was in your boat 10 years ago. She bought a house with a tenant - who was a 'single' mother with kids and on hap. Took two years after sale to finally get rid of her.

You are going to hear all the excuses under the sun as to why she can't vacate the property now.

Ginger83

https://www.boards.ie/discussion/comment/119502233#Comment_119502233

Just on your first point - when the process is exhausted and the sheriff is engaged to evict, the tenant will have to leave willingly or not. She will have to present as homeless to the council who might offer her a solution far less desirable than the one she refused.

For the record, working people can claim HAP.

geniejews

https://www.boards.ie/discussion/2058259602/tenant-overloading

If you are a 100% sure that your served her with a valid NOT and the statutory declaration then you can take her to the RTB for overholding for 15 euro online. Confused with the 192 days, less than 7 years 180 days, 7 to 8 years 196, and over 8 years 224. If you did not serve her with a valid NOT, consult the RTB website and you will have to start again

MakersMark

https://www.boards.ie/discussion/comment/119500662#Comment_119500662

Awful comments from a Mod.

If its a business, then why is the tenant not obligated by the law too?

This deadbeat dole defrauding tenant has already refused a free house from the Council, and you're telling the OP to grow up???

mrslancaster

Just curious about this, but if the OP, husband and two daughters are living in one room in a relatives home since Feb, over seven months now - would they be classed as homeless?

If they are homeless and can't move into a property they own because the tenant will not leave, can they apply to the LA the same as other families?

Flinty997

https://www.boards.ie/discussion/comment/119567603#Comment_119567603

The mod is right though.

You rent a place you follow the system. You can't complain about people not following the system then support people who are suggesting what the OP is. It's hypocritical.

Seth Brundle

https://www.boards.ie/discussion/comment/119567603#Comment_119567603

Awful comments from a Mod.

Im not a mod of this forum but if you have a problem with my comments that report the post rather than whinge like the above.

If its a business, then why is the tenant not obligated by the law too?

The tenant is obliged but the process to prove that the tenant is so biased towards the tenant and takes so long that a landlord needs to be sure that they follow the law absolutely. Otherwise they will have to resubmit and the clock resets.

This deadbeat dole defrauding tenant has already refused a free house from the Council, and you're telling the OP to grow up???

I suspect that you haven't read the thread carefully. The OP was advised and proposed illegal activities such as harassment if the tenant which could backfire spectacularly against the OP. The OP needs to wise up and do things right. Why would you have an issue with that?

And "deadbeat"???

Dav010

https://www.boards.ie/discussion/comment/119567603#Comment_119567603

You may not agree with Seth’s opinion, but it is the legally correct one. The tenant has the protection of the law, and is entitled to peaceful enjoyment. Unfortunately that applies even if they stop paying rent/overhold.

The_Conductor

As the OP has been clearly and unequivocally given information regarding the only viable/valid options open to him/her, I am closing this thread.

If the OP or anyone else feels they have any other valid observations to impart- please feel free to PM me- however, I am not inclined at this point to reopen this discussion.

Regards.