Tenant over-holding

OP - looks like you've been stung.

The chances are your tenant is a pro at working the system. I'd get a solicitor on board to manage the process for you from here. Any issues with written notices etc. could set you back a lot of time. I'd get a solicitor to make sure there are no mistakes.

Good luck. Its shameful that our government supports theft and property damage in this way. Take a loaf of bread from Tesco without paying and you'll be done for shoplifting. Squat in someone's property for months without paying, and there is a whole legal system to protect you.

OP...since you have observed damage to the property, and since the locks are changed, you may be able to enter the property.

You are specifically allowed to do this in the event of an emergency or to determine who is living in the property.

It could well be by that the original tenants have left and someone is squatting.

Call the RTB, and consider a solicitor.

In my mind and since we pay an annual fee to the rtb, they should have some level of liability in the event that tenants take advantage.

OP, Hope they leave.

I know two separate cases ongoing at the moment where tenants havent paid rent in 4 years and the landlords are still trying to get them out so they can sell. One of them even had restructure the mortgage on his own house that he lives in.

As someone said above, hire a professional to help you through it. And even then the tenants will have a whole army of charities and even councils helping them to keep posession of your property.

See the bait before you bite, the clue is in the name.

Im going to estimate between 2 and 4 years if they dig in.

And it sounds like they are digging in.

But you are doing the right thing. Get professionals to do everything for your because a word spelled wrong can even put you back to square one, such is the bias against you from the powers that be.

I have heard of this before - its not uncommon. The tenant is pocketing the social welfare contributions to rent. She's robbing the state as well as you. Free accommodation and extra money from the social to live on, until its time to move on to the next victim.

Its best not to dwell on how bad the system is - just go through the process and buy a bottle of nice wine to open when she finally has to leave.

Pay the tenant to leave.

It sucks, but its the only you'll get the property back this year.

Ah, dont raise OP's hopes - if only! Although that's probably the only way OP can get their property back quickly, the "proper" process will take 2-4 years probably!

Well done, good outcome for you and the neighbours, empty it, paint it and get it on the market as fast as you can. It will slow down over the summer but pick up again in September

It just always does. Slows down in November. Picks up around April or May. Slows down around June for the summer. Then picks up around september/october. Im sure there is a reason for that pattern. Maybe people go on holidays and just give up selling or looking.

Super glad it worked out for you.

Thank God you didn't follow some of the frankly stupid advice offered.

Imagine you had paid these deadbeats cash to leave!

Steal a loaf of bread without paying and you will be done for theft.

Get your loaves of bread delivered by the breadman and then refuse to pay the invoice at the end of the month -> you won't be done for theft

The tenants aren't stealing. They just aren't paying you the rent.

Mr. Trump - I know you are stirring the pot here.

Taking something (goods or services) without the intention to pay for it, is theft.

Getting a delivery of bread from the breadman, with no intention of paying the invoice, is theft. Getting your house painted without any intention to pay the painter, is theft. Renting a property with no intention of paying the rent, is theft as well. Its taking money which rightfully belongs to the landlord - theft.

This is not a business trading in good faith that runs into financial problems and leaves some bad debts (there are laws about reckless trading which is incurring debts knowing it is unlikely they will be paid). This is someone taking something they have no intention of ever paying for. This should be the subject of criminal charges, and should not get the support of the Irish state.

Hi DubCount. I think it is you that is stirring the pot here with your misinformation

It is not theft. Theft is defined under Section 4 of the Criminal Justice Act 2001. There are other offences you could possibly argue (perhaps difficult to prove) but theft is not one of them.

You agreed to let them into your house. That consent means it is not theft.

If I am wrong, feel free to point me ANY examples of an overholding tenant being done for theft due to their overholding. Just one will do. Thanks.

Perhaps, if you can't find any, it might just be that overholding is extremely rare? Either that or you are wrong. Which is it? I don't think it's that rare.