Evict tenant

The Irish Riddler · 18-10-2012 7:09pm #1

If a tenant is given proper written notice to leave a house to allow repair work to be carried out but refuses to go what is the next step?

Is the only option a court order? How do I go about getting one? How long does it take? How much will it cost?

Once I have the court order and the tenant still won't go what happens?

Thanks.

Milk & Honey · 18-10-2012 9:15pm

The Irish Riddler wrote: »

If a tenant is given proper written notice to leave a house to allow repair work to be carried out but refuses to go what is the next step?

Is the only option a court order? How do I go about getting one? How long does it take? How much will it cost?

Once I have the court order and the tenant still won't go what happens?

Thanks.

Go to the PRTB. Chances are you haven't given proper written notice though.

odds_on · 18-10-2012 11:58pm

What type of lease do you have with the tenant? Fixed term or Part 4/periodic?

How long has the tenant been in occupation of the dwelling?

Victor · 19-10-2012 1:58am

What is the nature / scale of the works?

The Irish Riddler · 21-10-2012 2:38pm

Tenant in the house for 8 months, no fixed lease.

Written notice give in accordance with Threashold and PRTB requirements.

Major plumbing work and repair work to roof.

How do I get him out?

Milk & Honey · 21-10-2012 3:25pm

The Irish Riddler wrote: »

Tenant in the house for 8 months, no fixed lease.

Written notice give in accordance with Threashold and PRTB requirements.

Major plumbing work and repair work to roof.

How do I get him out?

Neither Threshold nor the PRTB have requirements have requirements for written notice.
The requirements for written notice are set out in the Residential Tenancies Act 2004, which you have obviously not looked at. I very much doubt that the notice you gave meets the requirements.

The Irish Riddler · 21-10-2012 3:59pm

Milk & Honey wrote: »

Neither Threshold nor the PRTB have requirements have requirements for written notice.
The requirements for written notice are set out in the Residential Tenancies Act 2004, which you have obviously not looked at. I very much doubt that the notice you gave meets the requirements.

Which I got on the threshold website. Can we move past this? The correct notice was given.

Milk & Honey · 21-10-2012 4:24pm

The Irish Riddler wrote: »

Which I got on the threshold website. Can we move past this? The correct notice was given.

You went to the website of the body who only represents tenants to obtain the requirements for a valid termination notice. Enough said.

djimi · 21-10-2012 6:58pm

Milk & Honey wrote: »

You went to the website of the body who only represents tenants to obtain the requirements for a valid termination notice. Enough said.

Why are you persisting with this? What makes you think that the OP does not know what they are at and that they didnt give the correct notice?

odds_on · 21-10-2012 7:14pm

Suggest that you download, read and fully understand the Residential Tenancies Act 2004 from the PRTB website, paying special attention to sections 34, Grounds for termination by landlord: Section 62, What a valid notice of termination must contain; and section 65 & 66, Period of notice to be given.

Milk & Honey · 21-10-2012 10:27pm

djimi wrote: »

Why are you persisting with this? What makes you think that the OP does not know what they are at and that they didnt give the correct notice?

The questions the o/p asked at the beginning shows a complete lack of understanding and knowledge of the legislation in this area.
He baldly asserts that he gave proper notice. It then turns out that he discovered how to give notice from the Threshold website.
Given how complex a Notice of Termination is, and the myriad of requirements required of it, I regard it as virtually certain that the o/p has made at least one mistake. I have seen solicitors get them wrong. He hasn't put up the wording of his notice of termination so it can't be checked out. If the notice is invalid he will not get possession. He won't find this out for quite some time and will then have to serve another notice.

The Irish Riddler · 21-10-2012 10:40pm

For the sake of argument lets all assume the notice was served, worded correctly and covered all the necessary points.

The notice period has expired and the tenant won't vacate.

Whats my next move?

odds_on · 22-10-2012 7:32am

Make a claim with the PRTB against the tenant for overholding and wait, wait, wait .........

The Irish Riddler · 22-10-2012 11:23am

Wait for what? What can the PRTB actually do bar send letters?

I need a more proactive approach with this particular tenant.

He has exhibited serious antisocial behaviour (anger issues) to 7 previous tenants and I cant rent out rooms while he remains in the house.

mdebets · 22-10-2012 12:05pm

Do you want him out because of anti-social behaviour, or because you want to perform repair work?
Don't try to use the repair angle, to get a anti-social tenant out, because you have to offer him a new tenancy agreement, once the repair work is completed.

djimi · 22-10-2012 12:19pm

mdebets wrote: »

you have to offer him a new tenancy agreement, once the repair work is completed.

Do you?

djimi · 22-10-2012 12:20pm

I agree with the above though; if you want him out for antisocial reasons then follow that path and evict on that basis. Just make sure that you have done everything correctly and follow the procedure to the letter.

mdebets · 22-10-2012 12:31pm

djimi wrote: »

Do you?

Residential Tenancies Act 2004 wrote:

34.—A Part 4 tenancy may be terminated by the landlord—
(a) on one or more of the grounds specified in the Table to this section if—
....
TABLE Grounds for termination
...
5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the ‘‘notice’’) contains or is accompanied, in writing, by a statement—
(a) specifying the nature of the intended works, and
(b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—
(i) the dwelling becomes available for re-
letting, and
(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

The highlighted part clearly shows, if you throw a tenant out for repair works (and no other reasons), you have to offer him a new contract, once the repair is finished, unless you don't re-let the apartment.
There might also be scope for discussion, if the repair work requires the tenant to move out, or if this could be handled in any other way.

djimi · 22-10-2012 12:43pm

The wording of that seems confusing to me. If you are required to offer the tenant a new tenancy then you are not terminating the tenancy; you are merely suspending it for the duration of the work.

Ill take your word for it though; I was not aware that you must offer the tenant a new tenancy once the repair work is finished but that does seem to be the case!

mdebets · 22-10-2012 12:45pm

One other thing.
If you have already given a notice of termination, you should have very good proof for the anti-social behaviour (report to guards, etc.) and a good reason why you didn't evict the tenant earlier for this reason and it only just now has become a problem.

mdebets · 22-10-2012 12:48pm

djimi wrote: »

The wording of that seems confusing to me. If you are required to offer the tenant a new tenancy then you are not terminating the tenancy; you are merely suspending it for the duration of the work.

Ill take your word for it though; I was not aware that you must offer the tenant a new tenancy once the repair work is finished but that does seem to be the case!

I think the termination is formally needed, as otherwise, the landlord would have the obligation to provide another apartment for the tenant during the time of the repair.

djimi · 22-10-2012 12:54pm

mdebets wrote: »

I think the termination is formally needed, as otherwise, the landlord would have the obligation to provide another apartment for the tenant during the time of the repair.

True. Its just seems odd the way it is legislated though. Either you terminate the lease or you dont. Terminating a lease to me suggests that you are ending all ties with the tenant.

As is stands it doesnt make a whole lot of sense; it is saying that you are sort of responsible for them in so far as you must offer them the place once it has been done up, but what happens to them during the repairs/renovations is not your problem.

The Irish Riddler · 22-10-2012 4:20pm

Does nobody here know what to do when the tenant flat out refuses to move?

If you want someone out of your house who does not have a lease what do you do?

eyescreamcone · 22-10-2012 4:39pm

Just get it done.
Get the person out and let them sue you for illegal eviction afterwards.
My fav is put the elec/gas in your own name and get it turned off.
They usually don't last too long after that.

mdebets · 22-10-2012 4:42pm

The Irish Riddler wrote: »

Does nobody here know what to do when the tenant flat out refuses to move?

If you want someone out of your house who does not have a lease what do you do?

If by not having a lease, you mean they just moved into the house without your consent and are squatting there, you can get the Gards to throw them out for trespass.

If however you mean that you served a notice of termination, and your tenant is not moving out, you have to apply to the PRTB. They will check that your notice is legal and all conditions are met. If they then don't comply it's up to the Circuit Court and then off to the sheriff.
If your notice is however not legal or you missed some conditions, you have to start from the beginning.

djimi · 22-10-2012 4:44pm

eyescreamcone wrote: »

Just get it done.
Get the person out and let them sue you for illegal eviction afterwards.
My fav is put the elec/gas in your own name and get it turned off.
They usually don't last too long after that.

Youre aware that the PRTB have been known to award settlements in the tens of thousands to tenants following illegal evictions, right?

nibtrix · 22-10-2012 4:45pm

The Irish Riddler wrote: »

Does nobody here know what to do when the tenant flat out refuses to move?

If you want someone out of your house who does not have a lease what do you do?

You've already been told several times what to do. You must go through the PRTB.

It's going to take time. People are just trying to help you give the correct notice for the correct reasons so that you don't end up wasting months of your time.

eyescreamcone · 22-10-2012 4:48pm

djimi wrote: »

Youre aware that the PRTB have been known to award settlements in the tens of thousands to tenants following illegal evictions, right?

€5 a week should sort it out shouldn't it

mdebets · 22-10-2012 4:53pm

djimi wrote: »

Youre aware that the PRTB have been known to award settlements in the tens of thousands to tenants following illegal evictions, right?

Not only that, but it's also very easy to get reconnected or back into the house.
It makes it on the other hand harder for the landlord to get rid of the tenant afterwards legally.

BostonB · 22-10-2012 4:53pm

Milk & Honey wrote: »

.....Given how complex a Notice of Termination is, and the myriad of requirements required of it, I regard it as virtually certain that the o/p has made at least one mistake. I have seen solicitors get them wrong....

Dunno to laugh or cry at that. That its so complex, or that even the professionals can't get it right.

BostonB · 22-10-2012 5:01pm

The Irish Riddler wrote: »

If a tenant is given proper written notice to leave a house to allow repair work to be carried....

Does the act cover termination for repairs. Refurbishing yes. But repairs?

Evict tenant

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