Advice on SW tenant issue.

The_Conductor · 07-01-2014 1:53pm

Yes- include the spreadsheet (as an appendix to the main letter).
Its nice, to the point, business like, no bullsheet- and not open to misinterpretation.

I'd suggest leaving out the line about discussing it with them- altogether. Its not a discussion document- its a statement of affairs- its not open to discussion.

Go for it.

yankinlk · 07-01-2014 2:00pm

The_Conductor wrote: »

Yes- include the spreadsheet (as an appendix to the main letter).
Its nice, to the point, business like, no bullsheet- and not open to misinterpretation.

I'd suggest leaving out the line about discussing it with them- altogether. Its not a discussion document- its a statement of affairs- its not open to discussion.

Go for it.

Totally agree. You probably think it will help matters to discuss - and that you owe them an explanation in person. you are being too nice. Tenants have needs , landlords have needs, and when the needs differ, its time to look for a new arrangement. There are plenty of good tenants out there that will suit them to rent your house in full. If you aren't sure of that - try putting up an ad now and find out what your property is worth. If you are under selling it - that should focus your mind quickly.

TRS30 · 07-01-2014 2:23pm

The_Conductor wrote: »

Yes- include the spreadsheet (as an appendix to the main letter).
Its nice, to the point, business like, no bullsheet- and not open to misinterpretation.

I'd suggest leaving out the line about discussing it with them- altogether. Its not a discussion document- its a statement of affairs- its not open to discussion.

Go for it.

Thanks.

Should I include all the rent details since the start of the tenancy (4 years) or just 2013 as this is the relevant period re arrears?

yankinlk wrote: »

Totally agree. You probably think it will help matters to discuss - and that you owe them an explanation in person. you are being too nice. Tenants have needs , landlords have needs, and when the needs differ, its time to look for a new arrangement. There are plenty of good tenants out there that will suit them to rent your house in full. If you aren't sure of that - try putting up an ad now and find out what your property is worth. If you are under selling it - that should focus your mind quickly.

The property has always let easily and I would have a pretty good idea of rent levels for similar properties in the area.

Rosier · 07-01-2014 2:23pm

Shocked and disgusted at how these tenants are behaving. , and I hope op that all gets sorted and settled soon for you

whatever else I go without ( and I am on rent allowance and deeply grateful for it ) the rent is sacred and always paid on time.

shocked to my core..

The_Conductor · 07-01-2014 2:48pm

I'd be inclined to put the whole lot in.
I'm not sure how far back you can go to claim arrears- I know the standard rule for Revenue and Banks- is 4 years.
At very least I'd claim the last year (to date)- but she does owe you the whole lot- come what may. For the purposes of simplifying this- and not giving her something to argue about- perhaps only chasing year to date might be the better way to chase it, though I would reserve the right to pursue her for the arrears in full.

Remember- this is a business arrangement- you don't need to explain it in baby language to her- she made an agreement, and has not kept her side of the agreement.

TRS30 · 07-01-2014 8:19pm

The_Conductor wrote: »

I'd be inclined to put the whole lot in.
I'm not sure how far back you can go to claim arrears- I know the standard rule for Revenue and Banks- is 4 years.
At very least I'd claim the last year (to date)- but she does owe you the whole lot- come what may. For the purposes of simplifying this- and not giving her something to argue about- perhaps only chasing year to date might be the better way to chase it, though I would reserve the right to pursue her for the arrears in full.

Remember- this is a business arrangement- you don't need to explain it in baby language to her- she made an agreement, and has not kept her side of the agreement.

Thanks again.

I have been thinking about this some more. I know that they have been paying less that the lease amount for the previous number of years however this has only become an issue since May last year when the amount from Welfare dropped significantly.

If I include previous years, it might be an issue that I never highlighted this to them previously and why did I wait so long to address it with them?

If I just include last years rent details and not previous years could this make the termination process invalid?

The_Conductor · 07-01-2014 9:21pm

To be honest- I think you need to get some advice on this.
Personally I think the whole lot from the get-go should be documented, in a spreadsheet style- and the running deficit accumulated on a week-by-week basis over the entire course of the tenancy- but I think you need to get some advice on this.

Also- without diluting your rights in any way- you need to give her an incentive to leave- aka her deposit back, and you're not going to chase the accumulated deficit- providing she meets certain criteria (aka the property is left in good condition and vacated finally for once and for all, by a certain date).

In all of this- I would ensure that I didn't dilute my rights- the entire accumulated amount outstanding- is outstanding. That this commenced pretty much from the start of the tenancy is neither here nor there.

You signing off on the form for Social Welfare was a mistake- and helped her shirk her duties.

I think you need to get some proper advice on this- and make 100% certain you do absolutely everything by the book.

yankinlk · 08-01-2014 8:08am

You are overthinking this. You can only claim for the exisiting lease - not a previous arrangement. Give them incentive to leave and they will. Let them pick the leaving date - at which time, IF they clean the house and nothings broken, they get the deposit back in full - no rent reducted.

TRS30 · 08-01-2014 8:53am

The_Conductor wrote: »

To be honest- I think you need to get some advice on this.
Personally I think the whole lot from the get-go should be documented, in a spreadsheet style- and the running deficit accumulated on a week-by-week basis over the entire course of the tenancy- but I think you need to get some advice on this.

Also- without diluting your rights in any way- you need to give her an incentive to leave- aka her deposit back, and you're not going to chase the accumulated deficit- providing she meets certain criteria (aka the property is left in good condition and vacated finally for once and for all, by a certain date).

In all of this- I would ensure that I didn't dilute my rights- the entire accumulated amount outstanding- is outstanding. That this commenced pretty much from the start of the tenancy is neither here nor there.

You signing off on the form for Social Welfare was a mistake- and helped her shirk her duties.

I think you need to get some proper advice on this- and make 100% certain you do absolutely everything by the book.

Are you talking about legal advice? I was hoping if at all possible to avoid having to get solicitors involved due to the cost.

yankinlk wrote: »

You are overthinking this. You can only claim for the exisiting lease - not a previous arrangement. Give them incentive to leave and they will. Let them pick the leaving date - at which time, IF they clean the house and nothings broken, they get the deposit back in full - no rent reducted.

I'm a little confused about this advice.

One hand it seems that I should do everything by the book, issue termination letters etc and then it seems that I should use the deposit as a way to bribe them to leave.

Sorry maybe I'm not picking it up right.

McDook · 08-01-2014 10:13am

TRS30 wrote: »

Are you talking about legal advice? I was hoping if at all possible to avoid having to get solicitors involved due to the cost.

I'm a little confused about this advice.

One hand it seems that I should do everything by the book, issue termination letters etc and then it seems that I should use the deposit as a way to bribe them to leave.

Sorry maybe I'm not picking it up right.

A solicitor wont cost you as much as you think. Maybe even a visit for just a chat will give you all the info you need.

And you can ask your tennant for everything thats owed to you no matter which lease it was on and. You are owed what you are owed. end of.

But like every rat, the best way is to leave it a gap and let run away through it. If you trap it its a much dirtier fighter than you are and it may do even more damage.

yankinlk · 08-01-2014 1:45pm

TRS30 wrote: »

I'm a little confused about this advice.

One hand it seems that I should do everything by the book, issue termination letters etc and then it seems that I should use the deposit as a way to bribe them to leave.

Sorry maybe I'm not picking it up right.

I am making an assumption (call t an educated guess based on previous experience) that there is zero chance of the tenant making good the outstanding rent. Given enough notice to leave - it should be easy enough for them to find alternative accommodation. If you retain the deposit, this could make it difficult for them to secure new accommodation. Just being practical.

My advice is geared towards ending this tenancy quickly - so that you may get a higher paying tenant in place.

TRS30 · 08-01-2014 1:50pm

McDook wrote: »

A solicitor wont cost you as much as you think. Maybe even a visit for just a chat will give you all the info you need.

And you can ask your tennant for everything thats owed to you no matter which lease it was on and. You are owed what you are owed. end of.

But like every rat, the best way is to leave it a gap and let run away through it. If you trap it its a much dirtier fighter than you are and it may do even more damage.

How much roughly would it cost to chat with a solicitor? Do you need one who specifies in this type of thing? Any recommendations?

yankinlk wrote: »

I am making an assumption (call t an educated guess based on previous experience) that there is zero chance of the tenant making good the outstanding rent. Given enough notice to leave - it should be easy enough for them to find alternative accommodation. If you retain the deposit, this could make it difficult for them to secure new accommodation. Just being practical.

My advice is geared towards ending this tenancy quickly - so that you may get a higher paying tenant in place.

Thanks- ideally that is what I want at this stage. I'm happy to write off the rent owed and give them back the deposit if they leave quickly.

McDook · 08-01-2014 3:08pm

TRS30 wrote: »

How much roughly would it cost to chat with a solicitor? Do you need one who specifies in this type of thing? Any recommendations?

Thanks- ideally that is what I want at this stage. I'm pay to write off the rent owed and give them back the deposit if they leave quickly.

Try posting something on AAM looking for a number and you might even get someone who will talk to you for free.

Id say 50 - €100 would get you sorted. Ask on the phone how much they are charging first for the initial consultation. Dont forget to offset it for tax.
You only want someone to tell you what your options are and if its worth following through on any of them, so you wont need any follow up unless you want to retain their srvices for your next move.

Im sure you will be told just best to suck it up and get rid. But you will get options from someone whos job it is to know what they are talking about and not the likes of us on the interwebs who can say anything we want and pretend we are experts in something we're not. Might as well go down the pub and ask

TRS30 · 08-01-2014 3:26pm

McDook wrote: »

Try posting something on AAM looking for a number and you might even get someone who will talk to you for free.

Id say 50 - €100 would get you sorted. Ask on the phone how much they are charging first for the initial consultation. Dont forget to offset it for tax.
You only want someone to tell you what your options are and if its worth following through on any of them, so you wont need any follow up unless you want to retain their srvices for your next move.

Im sure you will be told just best to suck it up and get rid. But you will get options from someone whos job it is to know what they are talking about and not the likes of us on the interwebs who can say anything we want and pretend we are experts in something we're not. Might as well go down the pub and ask

Thanks- I would have thought it would be a lot more than that so good to know.

Have posted on AAM so hopefully between here and there I will get some recommendations.

McDook · 08-01-2014 3:27pm

TRS30 wrote: »

Thanks- I would have thought it would be a lot more than that so good to know.

Have posted on AAM so hopefully between here and there I will get some recommendations.

MAke sure you get a recommendation now because as with everything some of them WILL see you as a cash cow. And you dont want them.

TRS30 · 09-01-2014 9:13am

McDook wrote: »

MAke sure you get a recommendation now because as with everything some of them WILL see you as a cash cow. And you dont want them.

Yes would very much like a recommendation.

Nothing on here or AAM so far!

Anyone got a recommendation of a good solicitor? PM me is necessary.

Thanks.

the_syco · 09-01-2014 9:19am

TRS30 wrote: »

Anyone got a recommendation of a good solicitor? PM me is necessary.

As always, be wary of the one post wonders offering the number of a solicitor after they helped them with (ZOMGs!) the same issue as you have.

McDook · 09-01-2014 9:46am

TRS30 wrote: »

Yes would very much like a recommendation.

Nothing on here or AAM so far!

Anyone got a recommendation of a good solicitor? PM me is necessary.

Thanks.

Im afraid I cant recommend one. Since I said to get one I wouldnt want to come across as trying to push someone on you.
You should get one at AAM. If you post in the right thread there you might even get one who can advise you for nothing, just to help you. As long as you know he is a solicitor and not a keyboard expert then you are ok.

TRS30 · 09-01-2014 12:39pm

Has anyone used or heard of Hayes Solicitors?

http://www.hayes-solicitors.ie/propertynews.htm

Thanks.

TRS30 · 10-01-2014 10:39am

TRS30 wrote: »

Has anyone used or heard of Hayes Solicitors?

http://www.hayes-solicitors.ie/propertynews.htm

Thanks.

€300 for an hours consultation.

Waiting on a smaller local solicitor to get back to me.

McDook · 10-01-2014 11:10am

TRS30 wrote: »

€300 for an hours consultation.

Waiting on a smaller local solicitor to get back to me.

Ask for a half hour chat over the phone. They can do it in the car on their way home. Should be much cheaper.

I think they'll tell you that you are best letting the rat run anyway.

TRS30 · 10-01-2014 1:19pm

McDook wrote: »

Ask for a half hour chat over the phone. They can do it in the car on their way home. Should be much cheaper.

I think they'll tell you that you are best letting the rat run anyway.

Ideally would like them to look at the documentation I have so a face to face meeting is probably more suitable. As you said it might not take an hour and they will only charge me for the amount of time it takes not the full hour.

I will wait till the other solicitor gets back to me and then make a decision.

TRS30 · 18-01-2014 2:07pm

Just an update.

Meeting local solicitor on Monday, €125 for an hour.

Will let you know the outcome.

Advice on SW tenant issue.

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