Family member has rented out my house without my permission.

#1 · 02-09-2022 10:26PM #1

Hi all, looking for some help.

I bought a house in late 2015, it was quite cheap and in need of repair. I never had plans to move into this house until I finished Uni and got full time employment.

My grandfather done all the repairs and brought the house up to a liveable standard. I had agreed to rent the house out to tenant for an initial period of 4 years ( turned out to be 6 years) as i was at Uni in the UK. I received HAP for the rent which was paid into my bank account. I gave my grandfather access to this account so he could recover the cost of materials/time he put into the repairs.

The tenant left in January of this year and I ceased the tenancy with RTB. I had no further plans to rent the property and had plans to sell it next year and move closer to my work place.

I have discovered that my grandfather has rented out the property to a new tenant on a two year lease and is getting the rent paid direct into his bank account in northern Ireland. I have only discovered this last week but the tenant has been in the house for over six months.

He has told the tenant that he owns the property and the tenancy is not registered with the RTB.

Any idea the best way to go about getting the tenant out of my house? I do really feel for them as they are unaware of the situation but I would like to sell the house sooner rather than later.

Do they owe the rent for the last six months to me as i have never received it?

P.S my grandfather and my family are now not on speaking terms for a different reason unrelated to this.

Thanks for any input

TFI

bmc58 · 02-09-2022 10:30PM

You can't sort this yourself.A solicitor is your best choice I think.

Graces7 · 03-09-2022 08:37AM

Jaw dropping CHEEK of it.. And yes, see a solicitor asap.

walterking · 03-09-2022 09:02AM

fairly simple, let the tenant know that they are in your house and their lease is invalid and give them 14 days.

Or come to new agreement for 3 months short let to give them time to find a new place. Give them a decent deal if they allow viewings during that time

If they have an issue, its with your grandfather. They only owe you rent from the day you inform them of the situation. For the back rent, you need to get that from your grandfather.

Dempo1 · 03-09-2022 09:42AM

Breathtaking 😳 it may seem straightforward but it's not I'm afraid.

Whilst your Grandfather has caused quite a mess & legal advice urgently required there's not just a sitting Tenant who I presume acted in good faith but a possible criminal element to this. You seem to have lots of Documentary evidence, RTB engagement, Bank records etc which will be crucial.

I'm going to guess your Grandfather may throw a "He was acting as Agent Defence" so whatever previous arrangement you've had with him will need scrutiny. Be very sure to have evidence he was reimbursed for any works carried out at your property.

I'm not a legal expert but this won't be resolved quickly and first priority is to assertain if this new Tenancy is actually registered with RTB, is your Grandfather in receipt of HAP (Another potential serious legal issue) and get a hold of any new tenancy agreement, if one exists.

Good luck but I believe there's potentially both a possible criminal & civil aspect to this matter based on OP'S discription of what has occurred here, which is extraordinary by any measure. This on the surface is not just a matter of informing a Tenant to vacate & I'd thread very carefully as it has to be presumed regardless of how OP feels, the Tenant may be completely oblivious as to what has happened.

TheFrenchInhaler · 03-09-2022 10:38AM

"I'm going to guess your Grandfather may throw a "He was acting as Agent Defence" so whatever previous arrangement you've had with him will need scrutiny. Be very sure to have evidence he was reimbursed for any works carried out at your property."

There is no evidence that he was reimbursed as he was given the bank card for the account. There is also no evidence that he carried out any of the work on the property. Its all very messy in hindsight.

"I'm not a legal expert but this won't be resolved quickly and first priority is to assertain if this new Tenancy is actually registered with RTB, is your Grandfather in receipt of HAP (Another potential serious legal issue) and get a hold of any new tenancy agreement, if one exists."

The tenancy is definitely not registered with RTB, he is not in receipt of HAP. I have a copy of the tenancy agreement which he got a solicitor in NI to draft. The house is not insured for rental at the minute.

"Good luck but I believe there's potentially both a possible criminal & civil aspect to this matter based on OP'S discription of what has occurred here, which is extraordinary by any measure. This on the surface is not just a matter of informing a Tenant to vacate & I'd thread very carefully as it has to be presumed regardless of how OP feels, the Tenant may be completely oblivious as to what has happened".

I feel for the tenant, she has done nothing wrong, i haven't spoke to her yet but will deliver the eviction notice by hand and try and explain the situation to her. I don't really want to go after her for the back rent as she paid it in good faith.

Does the tenant have any more right to stay now as she has been there more than six months, even though the tenancy is probably not legal?

Unfortunately my grandfather believes that he is above the law and the laws of ROI do not apply to him as he lives in NI.

Thanks to all for the help and advice.

TFI

MV33 · 03-09-2022 10:51AM

The tenant has no legal right to be in the house as they have an invalid contract.

Unfortunately for the tenant, they have been scammed.

Do not request the money from your grandad. The tenant could take legal proceedings for fraud against your Grandad.

Contact a solicitor asap as this will get messy.

you have a person trespassing on your property. A person committing fraud.

brokenangel · 03-09-2022 10:54AM

Get a solicitor. Take proper legal advice

You need to make sure you are totally covered because at the moment you could be implicated. It a he says/she says. Especially if you take the rent.

Mrs OBumble · 03-09-2022 11:39AM

Insure the house for rental use.

03-09-2022 11:48AM

Don't forget that as the Landlord (and their Agent) is outside Ireland, the Tennant is required to withhold 20% of the rent and forward it on to the Revenue.

Added link: https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-45/45-01-04.pdf

walterking · 03-09-2022 11:53AM

https://www.boards.ie/discussion/comment/119563869#Comment_119563869

The tenant does have a legal right until they are informed of the issue.

They are not trespassing.

The grandad could claim that he was the defacto manager and acting in best interests (and on behalf) of the owner.

OP does need legal advice. OP does not need to start making unfounded and potentially defamatory allegations of trespass and fraud.

.

Jim2007 · 03-09-2022 12:18PM

https://www.boards.ie/discussion/comment/119563869#Comment_119563869

A good example of why you should seek proper legal advice…..

It’s probably a good idea to expect there will be a counter claim from your grandfather for all the work he put into the house not just the materials etc…. Families at war is often brutal.

MV33 · 03-09-2022 12:23PM

https://www.boards.ie/discussion/comment/119564134#Comment_119564134

How can the grandfather claim he was defacto manager. He would have the same claim as the other 5m people in the country.

The owner could rock up the the property and tell the person who is in the house that they are trespassing and that would be a fact.

They have no contract with the person responsible for the property. All the have is a piece of paper

Family member has rented out my house without my permission.

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