Looking for a solicitor to evict a bad tenant

brianpat73

Hi,

Does anyone recommend any good solicitor who can able to evict a tenant who hasn't paid rents for a year, subletting the house, and owes more than €23000?

Currently I am waiting for outcome of RTB tribunal hearing.

Regards

Claw Hammer

https://www.boards.ie/discussion/2058370394/looking-for-a-solicitor-to-evict-a-bad-tenant

where are you based?

Ivor_Guddon

https://www.boards.ie/discussion/2058370394/looking-for-a-solicitor-to-evict-a-bad-tenant

I'd not be waiting for the doo gooder advice etc

Cousin of mine rocked up one day with 3 pals and they moved into the house again , had loud music on etc parties and the tenants soon got a pain the rear and moved out , he put all bills back in his name , stopped them using the tv , cooking etc

it's not right but it got them out , and tbh i'd do the same if i was in the same position , it's your house and your investment , so by any means neccessary , most tenants know they are in the wrong and wouldnt contest it but a small few would , but if you have all back up and correspondences to verify your claim id take the chance

Sheep Shagger

https://www.boards.ie/discussion/comment/122652651#Comment_122652651

100% agree with you but be very careful, the PRB will come down on you like a tonne of bricks.

This was only this week...

Landlord ordered to pay over €10,000 damages after disconnecting electricity and changing locks during illegal eviction

https://www.irishtimes.com/ireland/housing-planning/2024/09/22/landlord-ordered-to-pay-over-10000-damages-after-disconnecting-electricity-and-changing-locks-during-illegal-eviction/

csirl

Is the original tenant still living in the house or is he gone and has 'sublet' to others?

brianpat73

https://www.boards.ie/discussion/comment/122652613#Comment_122652613

Dublin - 15

brianpat73

Original tenants living in the house and have sublet two rooms to other people.

The Irish law is very soft on the tenants but very hard on landlords. This is the reason why the tenants are taking full advantage of remaining in the house without paying a penny.

Hontou

I assume there was a 'no subletting' line in the tenancy contract? If so, they have not behaved according to the terms of the contract. This also applies if they are not paying rent. The RTB will rule in your favour but that means nothing. Solicitors cannot evict them either. They will advise you to wait for the RTB's decision, which still does not allow you to evict them. State backed theft. If you don't pay for a service/product in any other sector, it is theft. But free accommodation is encouraged in Ireland through the RTB which is paid for by the landlord. I have 2 empty houses that I want to provide to the market place but can't for this reason.

dennyk

I assume there was a 'no subletting' line in the tenancy contract?

It's very important to note that taking in a licensee to live in the property with the tenant is not "subletting" and would not be prohibited by a tenancy agreement term that specifically says "no subletting". If you want to prohibit your tenants from taking in licensees, you must explicitly put that in the tenancy agreement from the start using the correct verbiage. If you just grab some boilerplate lease from the Internet and think the "no subletting without the landlord's permission" bit in that will cover you, you'll be sadly mistaken…

Sheep Shagger

https://www.boards.ie/discussion/comment/122652795#Comment_122652795

Yup the RTB is heavily biased to the tenants, you never hear that in the press though, it's always about the big bad landlord regardless of what a tenant does.

Had two properties and sold them,between being messed around by tenants and the prohibitive tax it was just too much of a ballache.

Good luck.

herbalplants

https://www.boards.ie/discussion/comment/122652651#Comment_122652651

Best advice!

Ivor_Guddon

https://www.boards.ie/discussion/comment/122652757#Comment_122652757

can do what they like , if i have evidence and all correspondences etc i'd see them in court so

i have a house rented out at the min and thankfully tenant is great , been there 12 years now and long may it continue

Sheep Shagger

You can have all the evidence you like but if you make even the smallest mistake trying to get rid of someone and you don't do things by the book, the tenant will win.

Having a sound tenant is worth its weight in gold.

Claw Hammer

https://www.boards.ie/discussion/comment/122652785#Comment_122652785

send a PM.

nearby_cheetah

https://www.boards.ie/discussion/comment/122652757#Comment_122652757

€10k is a cheap price to pay to get his house back.

Sheep Shagger

https://www.boards.ie/discussion/comment/122665838#Comment_122665838

True, still a lot of money when landlord has done nothinhg wrong. The rental market here is fucked.

KeithKelly1992

https://www.boards.ie/discussion/comment/122665838#Comment_122665838

What often happens unfortunately is that the landlord has to pay the tenant the €10K AND they get to remain in the property or return to it.

NEVER and I mean NEVER rent to self employed people, taxi drivers, single mothers, travellers, gypsies, Ukrainians, people from certain socio-economic backgrounds, people on “disability”.

Don’t accept HAP or single mother’s allowance.

ONLY rent to working professionals. Preferably Poles. They are impeccably clean and professional.

Claw Hammer

https://www.boards.ie/discussion/comment/122684514#Comment_122684514

Try that and get take to the WRC for discrimination on socio economic and race grounds.

KeithKelly1992

https://www.boards.ie/discussion/comment/122684534#Comment_122684534

What has the WRC got to do with rentals?

And it’s “taken” btw.

Claw Hammer

https://www.boards.ie/discussion/comment/122684579#Comment_122684579

Alright, be a smart ass.

Sheep Shagger

https://www.boards.ie/discussion/comment/122684534#Comment_122684534

There's discreet ways of doing it, obviously you cant advertise that.

Anyway, **** being a landlord in this country, just not worth it

KeithKelly1992

https://www.boards.ie/discussion/comment/122684651#Comment_122684651

What does the WORKPLACE relations commission have to do with rentals?

Markcheese

Just out of interest , if the tennant has stopped paying rent , and broken the terms of the lease , actually if the PTRB have found that your former tennant has broken their lease, and any notice to quit that you issued is legit , can you legally issue a new lease to a group of "friends " who would then have the protection of the law if they moved in ,in the way that Ivor mentioned above ,?

nearby_cheetah

https://www.boards.ie/discussion/comment/122685164#Comment_122685164

Good idea. Surely the new lease is just as valid and the "new tenants" have just as much right to remain in the house as well.

Is there a restriction on issuing multiple leases at the one time to two separate groups in the one dwelling?

Mrs OBumble

https://www.boards.ie/discussion/comment/122685141#Comment_122685141

It has jurisdiction over equity claims outside workplaces.

KeithKelly1992

https://www.boards.ie/discussion/comment/122685414#Comment_122685414

Every day’s a school day!

Markcheese

https://www.boards.ie/discussion/comment/122685243#Comment_122685243

I assume there'd be a restriction on issuing a second lease while a first is still legally valid , but if the prtb has effectively said the first lease is over ,then who knows ..

Claw Hammer

https://www.boards.ie/discussion/comment/122685243#Comment_122685243

You can't give what you haven't got! If there is a lease in force the landlord has given up exclusive possession of the dwelling. He can't then give exclusive possession of the dwelling to someone else.
If the first lessee in time is unlawfully evicted in favour of another lessee they could get an injunction. If it turns out that there is a connection between the landlord and the new "tenants", things are not likely to go well for the landlord.

If it is found new tenants came in in ignorance of the history between the landlord and the previous tenants the first tenant may be limited to compensation for wrongful eviction.

endofrainbow

https://www.boards.ie/discussion/comment/122684514#Comment_122684514

So a self employed, Ukrainian gypsy, single mother taxi driver wouldn't stand a chance then ? 😂 😂

BlueSkyDreams

https://www.boards.ie/discussion/comment/122665838#Comment_122665838

Was thinking the same.

27cyrix

Get a solicitor. You are unlikely to get your rent back.

Evicting a bad tenant (not following RTB guidelines) can be unlawful but not illegal.

mrslancaster

https://www.boards.ie/discussion/comment/122652651#Comment_122652651

How is it possible to move other people into someone else's home and live there at the same time? That sounds so crazy that it's hard to see how anyone could get away with it. Would the tenants not be onto the gardai immediately to report a break-in and get the intruders removed?

mrslancaster

https://www.boards.ie/discussion/comment/122717132#Comment_122717132

I don't understand this, could you explain please how is it unlawful? Landlords can legally terminate a tenant's lease for many different situations. When a landlord issues a legal notice to quit /vacate the dwelling, tenants have to leave. When they overhold, aren't they the party who is breaking the law?

27cyrix

https://www.boards.ie/discussion/comment/122717988#Comment_122717988

I should use a different word than evict.

When you follow the RTB guidelines to evict a tenant (they may leave or may not leave), you are doing it lawfully.

When they don't leave, they are unlawfully occupying your house, but it is not illegal.

As a landlord, you can do more than RTB. However, forcibly changing locks and removing a tenant's possessions without causing damage is unlawful, but not illegal.

Again check with your solicitor first.

Gamergurll

https://www.boards.ie/discussion/comment/122652757#Comment_122652757

The thing I'm not sure of is, with the high cost of rent in some parts of the country surely a 10k is a lot less to lose than all the lost rent over the 2+ years evicting the tenant? Unless the RTB enforce a tenant moving back in?

felonious_Gru

https://www.boards.ie/discussion/comment/122738739#Comment_122738739

Some landlords take the view that hefty fines are still more palatable than knowing someone who is likely disrespecting the property, nevermind no longer paying rent, continues to remain innsitu

System is an epic ass

mrslancaster

https://www.boards.ie/discussion/comment/122694222#Comment_122694222

How does that work? I can see how a landlord can't wrongfully evict but how is the lease still in existence if a valid and legal NoT has been issued? If tenants are overholding, are they squatters?

Also, if the RTB have a copy of a valid NoT which has ended the tenancy, presumably the landlord is not required to pay a registration fee as the registration is due per S134.1 a) on the commencement of the tenancy, and, S134.1 b) annually during the tenancy. So if the NoT is issued correctly, the tenancy is over, otherwise why would a court order be needed to evict a tenant who overholds. Is that correct?

felonious_Gru

https://www.boards.ie/discussion/comment/122745761#Comment_122745761

Because any official development along the way is ultimately meaningless until either the tenants voluntarily leave following an RTB judgement etc or failing that, an eviction notice is acquired through the real courts ( a successful RTB judgement in favour of the landlord must precede any court of law examination of the case) , this could still be ignored by the tenants until finally the authorities force the eviction

Looking at two years minimum where a rogue tenant knows the law and has the hard neck to see it through

In summary,The landlord is not anymore meaningfully empowered by virtue of the lease no longer being active

mrslancaster

https://www.boards.ie/discussion/comment/122746000#Comment_122746000

Ok thanks. Do you know if the annual registration plus fee is still due after the tenancy is validly terminated ie. does the requirement finish on the vacate date in the NoT.

Claw Hammer

https://www.boards.ie/discussion/comment/122747384#Comment_122747384

Yes. Under the Act the tenancy continues whilst there is a dispute in being between the parties.
See Section 86 of the Act.

Claw Hammer

The tenant never becomes a squatter and only becomes a trespasser after disobeying a court order to vacate. Expiry of the period to vacate under a notice of termination only gives the landlord the right to institute a dispute for overholding and nothing more.