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Tenant who's always late with rent?!

danindublin

Just a quick one to see if anyone has been in the same boat. (possibly in the wrong section also)

I rent a two bed apt in the cc and sublet one of my rooms to a guy who out of the past 6 months he's lived there has only once paid his rent on time. Last month it was 11 days late and this month I still havent seen a penny (rent is due by the first of the month). On top of this I'm still owed for an ESB bill which I paid back in July! Every time I meet him I just seem to get an empty string of promises. At this stage I think its time to tuff him out. Am I a) to relax, sure twill be paid eventually or b) within my right to give him the boot?

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Ste.phen

Doensn't sound like this guy is actually a 'tenant' in the legal sense of the word. The OP can easily turf them out with little or no notice I believe.
As for the OP being turfed out by THEIR landlord, that's a whole other kettle of fish, damn near impossible apart from the reasons mentioned in #30

AARRRGH

danindublin wrote:

I rent a two bed apt in the cc and sublet one of my rooms to a guy...

Ah sorry missed the sublet bit!

Yes, if you sublet then the person is covered by the "rent a room scheme". Basically you just need to give him a months notice.

danindublin

dublindude wrote: »

Ah sorry missed the sublet bit!

Yes, if you sublet then the person is covered by the "rent a room scheme". Basically you just need to give him a months notice.

Just to provide a little update . . . (perhaps a little long)

I gave this guy a letter of notice asking him to leave the apartment at the end of the month. He went a little bananas and avoided me for a few days. Eventially we ended up talking and he asked if he could stay on until the end of the next month i.e. the end of october. He payed all his rent then for the remainer of his stay. He was content to move out on this date.

Yesterday, I contacted him to let him know some people would be coming to view the apartment and would it be ok for us to arrange a time for me to have the apartment. The response I got was that he wasnt sure of his plans at the moment and that he might take the apartment for an additional month. When I informed him that I had people lined up to view the apartment and that I would find it impossible to get people next month, as it would be 3 weeks before xmas, he said tough and that he'd moved out when he wanted. End of

By now he wants the details of the landlord and a copy of the ad which i placed looking for new tennents as he's taking it all to his solicitor as I am apparently harrassing him and unlawfully evicting him. Lets just say the tone has gone downhill and i now feel very uncomfortable having this person in my apartment. Its totally wrecking my head.

(Just to clarify, the apartment is let in my name only. I'm the only person on the lease and i pay the full rent to the landlords bank account.)

chakotha

As long as the month's rent is paid before the next month comes around I don't know why you are turfing him out tbh

Tigger

dose the lease allow subletting

The Corinthian

The guy has been playing the mick and paying only when he really has to. No one wants to spend their lives having to chase after people like this for money owed. Additionally as relations have deteriorated to talk of solicitors, I'd think the time for compromise may be well over.

Contact the landlord and explain the situation - as you've been reliable, they'll take your side any day. If you have an agreement from the landlord to sublet, then you are entitled to act upon his behalf with regard to evictions. Give a written letter of notice of five weeks as required by law. To be on the safe side, contact Threshold and find out what both his any your rights are in this regard.

If he fails to move out change the locks and offer to allow him to collect his things after the notice period. Retain whatever part of his deposit would cover any damage that is above what would be considered natural ware and tare.

Importantly retain bank statements as to his payment delays. The most he may do is bring you to the small claims court where if you have been seen not to have violated his rights and have been as reasonable as possible, he'll lose.

danindublin

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.

If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

Tigger

danindublin wrote: »

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.

If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

so **** in his bed then?

thefinalstage

danindublin wrote: »

This is what threshold just said

"The arrangement you have is one of a licensing arrangement often confused with subletting. The difference is that when the tenant assigns or sublets their rental accommodation, they no longer live in it whereas a licensee shares the accommodation with the tenant.

Licensees are not bound by the tenancy obligations that apply to tenants and equally do not have the rights that apply to tenants. The tenant may take on a licensee to contribute towards the rent with the permission of the landlord; however the tenant remains liable to the landlord for the full rent amount.

If you have given the licensee notice to leave and he has refused to do so you must take alternative legal action to have him removed. "

Yes! Stick it to him! You have already given him the notice needed. Now take all his stuff and put it under a plastic sheet on the street. Tell him when you are half way through so his stuff will be outside by the time he gets back and it won't ruined by rain. He had the opportunity.

Hydroquinone

chakotha wrote: »

As long as the month's rent is paid before the next month comes around I don't know why you are turfing him out tbh

That's a weird attitude.
Would you be as happy to get your wages late, as long as they came in any old time at all before your next wages were due?
I know I wouldn't.

danindublin

Trust me. I've been more than patient with this guy. He's been constantly late with the rent and frequently broken house rules. I would have considered letting him stay on but now he seriously makes me feel unconfortable in my apt.

I pay the rent and all the bills on time and then have to wait around until he feels like paying me. I just want him out at this stage (not in a childish way) but clearly I cant see why he'd want to stay in the apt given all thats going on. And I think he's also about to not pay next months rent and call it his deposit. Ugh!

Terry

danindublin wrote: »

Trust me. I've been more than patient with this guy. He's been constantly late with the rent and frequently broken house rules. I would have considered letting him stay on but now he seriously makes me feel unconfortable in my apt.

I pay the rent and all the bills on time and then have to wait around until he feels like paying me. I just want him out at this stage (not in a childish way) but clearly I cant see why he'd want to stay in the apt given all thats going on. And I think he's also about to not pay next months rent and call it his deposit. Ugh!

I've experienced similar problems twice before.
At the end of the month, you just have to stand up and tell him to get the **** out.
It's the only way.
Do not let him take the piss any longer.

MarkR

Get a anal sex instructional video, some lube and super thick condoms. Leave them on the coffe table. Tell him you feel that this shared experience has brought you closer, then offer him a glass of wine.

Either that or change the locks on the first of november. Your choice really.

danindublin

Well, he's gay so . . . .

humanji

Then say it's a leaving present

6th

You've done everything right OP now you just have to be firm with him.

MarkR

danindublin wrote: »

Well, he's gay so . . . .

Aw crap.

Just change the locks so. He's no rights past that, you've given him notice.

johnp

Chuck him out. Rents are going up, so you'll probably get a better deal with someone else.

smcelhinney

Is it that his work situation is volatile (as in, does he have occasional work, therefore is not always fluid with money) or is it that he's simply pushing you to see how far you'll go?

Have you asked him to maybe pay weekly? That way at least he's contributing and you dont have to chase him for a lump sum.

I understand that you're at the end of your tether, and you just want him out. The problem seems to be that you dont seem inclined to want to seek legal advice, and are hoping that common sense will suddenly strike him. Unfortunately, its my experience that people like this are not rational thinkers, he's probably justifying his behaviour to himself somehow.

What about getting the landlord to intervene? Im sure he would love to know the situation with his own house/apartment, regardless of whether it affects him financially or not. His resell or re-rent value on an apartment that's being mistreated by one party or another will deteriorate. Or you could spin it that way..

Never lie of course, lies make little baby jesus cry..

mathie

I'd a similar kind of gimp living with me under the rent a room scheme.

He said he'd take the room when he saw it but couldnt' pay a deposit for a 'few weeks'.

So I said 'No problem there are plenty of other people interested'
With that he coughed up the deposit staright away!

And for the few months he was there he was permanently late with his rent.

Luckily he left of his own accord.

You meet some gimps in the rental world!

danindublin

smcelhinney wrote: »

Is it that his work situation is volatile (as in, does he have occasional work, therefore is not always fluid with money) or is it that he's simply pushing you to see how far you'll go?

Have you asked him to maybe pay weekly? That way at least he's contributing and you dont have to chase him for a lump sum.

I understand that you're at the end of your tether, and you just want him out. The problem seems to be that you dont seem inclined to want to seek legal advice, and are hoping that common sense will suddenly strike him. Unfortunately, its my experience that people like this are not rational thinkers, he's probably justifying his behaviour to himself somehow.

What about getting the landlord to intervene? Im sure he would love to know the situation with his own house/apartment, regardless of whether it affects him financially or not. His resell or re-rent value on an apartment that's being mistreated by one party or another will deteriorate. Or you could spin it that way..

Never lie of course, lies make little baby jesus cry..

I've been more than honest with him (and of course here

) from the beginning so I'm not worried there. When I took out the apartment (through an agency) I made them aware that there would be someone else living in the apartment but they were happy to have just my name on the lease. So I did not pretend I was going to be living there on my own. Its registered in my name only and landlord is paid from my account by standing order.

I'm not a ba$tard or the likes and if someone came and said they were having genuine issues paying the rent I'd be understanding, but this was a constant fobbing off scenario. When it had gotten over the 2 week period last month (and that was 6 weeks late on bills) I issued him with notice to quit the apartment within 28 days which has now come and gone. I have checked with threshold and a friend who is a bassister has confirmed that its not legally subletting. He has been given statutory notice. He's basically just decided to leave when he wants to and doesnt see what my problem is. He's from the world of the arts and is being very theatrical about the entire thing. He's the victim.

Jumpy

16 days now, and there still isnt a post where you have said you have gained legal advice.
Why is this still in After hours though?

danindublin

Jumpy wrote: »

16 days now, and there still isnt a post where you have said you have gained legal advice.
Why is this still in After hours though?

As I said above, I've checked with Threshold (although I know what they give is advice and not legal positioning) and I've also had it confirmed by a friend who barrister (he has seen my lease).

I dont know why it is still in after hours

martinf

Just to be a little bit off topic you mentioned in one of your posts that the rent you were receiving was under the threshold for declaring it as it was your primary residence. Is this the €635 a month threshold? If so as far as I know that only applies if you own it not if you're renting.

danindublin

Hey Guys,

Just to clarify and perhaps help anyone in the same position as myself . . .

Spoke to a solicitor yesterday and . . .

Because

* The apartment is in my name only on the lease
* The rent is paid in full by me to the landlord

The apartment is mine and anyone else there is technically my licencee not a tenant. Also this does not count as subletting. The 'lodger' living there is a guest of mine and can be asked to leave with reasonable notice e.g. 10 days, 14 days and is not entitled to statutory notice because he/she is no way covered by accommodation legislation. This also means you don’t have to give a reason which would be required if he/she was letting the room. Beyond the notice period the person is legally trespassing on your property! :eek:

FunkyChicken

Have you made him leave yet? What other "legal methods" are there to get rid of the guy?

danindublin

FunkyChicken wrote: »

Have you made him leave yet? What other "legal methods" are there to get rid of the guy?

Well all the above are legal. But if you wanted to fully cover yourself you could get a letter from the apts landlord stating that he is transferring the power to request an eviction to you.

Degsy

Get a couple of big lugs to help you throw his gear out on the street,change the lock on the apartment door and tell him if he doesnt dissapear pronto you'll turn the big lugs loose on him.Its your property,he has no rights at all.As for all that bollocks about him having a solicitor..if he has no money for rent you may be sure he has no money for legal fees..let him go to hell.

AARRRGH

danindublin wrote: »

Hey Guys,

Just to clarify and perhaps help anyone in the same position as myself . . .

Spoke to a solicitor yesterday and . . .

Because

* The apartment is in my name only on the lease
* The rent is paid in full by me to the landlord

The apartment is mine and anyone else there is technically my licencee not a tenant. Also this does not count as subletting. The 'lodger' living there is a guest of mine and can be asked to leave with reasonable notice e.g. 10 days, 14 days and is not entitled to statutory notice because he/she is no way covered by accommodation legislation. This also means you don’t have to give a reason which would be required if he/she was letting the room. Beyond the notice period the person is legally trespassing on your property! :eek:

Fantastic. I've often wanted to have a solicitor clarify what the definite situation is.

I've been in your situation a few times (I also rent out a room in the apartment I rent) and it sucks.

Best of luck.

PS On my adverts in daft I now specifically mention if you cannot afford 600 per month, if you cannot afford a deposit of 600, if you will have difficulty paying your rent on time, don't come visit the room... It seems to keep the total losers away...

radioactiveman

let the cnut get a solicitor. Repeatedly fobbing off is just not on.
You could change the lock on the door (with the help of your landlord?) You are 100% ok legally so just ignore him.
if you weigh up the 'terrible inconvenience' for him to simply get another room.... vs the shíte situation he's caused-it's just nonsense on his part