Landlords rights

itsthisyear · 03-12-2019 7:44pm #1

Quick question as I’m not getting clear answers from RTB.
Is there a register for someone that does not pay rent?

Dav010 · 03-12-2019 7:49pm

You can search through RTB site for a prospective tenants name, if it’s there, error on the side of caution.

jimwallace197 · 03-12-2019 7:53pm

Welcome to Ireland 2019, good luck:)

itsthisyear · 03-12-2019 8:09pm

Dav010 wrote: »

You can search through RTB site for a prospective tenants name, if it’s there, error on the side of caution.

Thanks for that. Someone renting a room in a house and 2nd month in decides not paying rent.

The_Conductor · 03-12-2019 8:09pm

Nope- apparently a register of non-paying tenants breaches their rights to data protection- go figure.
Letting in Ireland is a game of roulette- you probably will have good tenants, but you might not- its a roll of the dice.

itsthisyear · 03-12-2019 8:14pm

The_Conductor wrote: »

Nope- apparently a register of non-paying tenants breaches their rights to data protection- go figure.
Letting in Ireland is a game of roulette- you probably will have good tenants, but you might not- its a roll of the dice.

The adjudication list has the names published. It should be publicised more. All non paying tenants and landlords who refuse to refund deposits should have a case taken against them and listed here. It might Highlight the landlords to avoid and the tenants to avoid!

Dav010 · 03-12-2019 8:14pm

itsthisyear wrote: »

Thanks for that. Someone renting a room in a house and 2nd month in decides not paying rent.

Check if he/she is a licensee rather than a tenant if renting a room, who does he/she pay rent to, the lead tenant or the Landlord?

The_Conductor · 03-12-2019 8:16pm

itsthisyear wrote: »

Thanks for that. Someone renting a room in a house and 2nd month in decides not paying rent.

Do you live in the house?
If not- are you letting the rooms separately- or the property to a group of people- if its the latter- they are jointly and severally liable for the full rent. If not- immediate case with the RTB- you can be certain that if they're not paying the rent, they're probably stiffing the other tenants too for other stuff- you don't want them all to up sticks and leave.........

If you live in the house- they're a licensee, not a tenant- and can be requested to leave with immediate effect.

Either way- count your luck that they pulled this stunt in month 2 and not month 6...........

itsthisyear · 03-12-2019 8:16pm

Dav010 wrote: »

Check if he/she is a licensee rather than a tenant if renting a room, who does he/she pay rent to, the lead tenant or the Landlord?

Lead tenant who sublet without informing us. Registered tenant has fuc*ed off to Canada!

Dav010 · 03-12-2019 8:19pm

itsthisyear wrote: »

Lead tenant who sublet without informing us. Registered tenant has fuc*ed off to Canada!

If the tenant who isn’t paying, is paying rent to lead tenant on sublet basis, he/she may well be a licensee so you you could throw him/her out on their arse, but if the tenancy lease was assigned and the new non-paying tenant pays rent to landlord, then it is the landlords problem.

The_Conductor · 03-12-2019 8:20pm

itsthisyear wrote: »

Lead tenant who sublet without informing us. Registered tenant has fuc*ed off to Canada!

In which case they're neither tenant nor licensee.
They are trespassers and you can ask them to leave with immediate effect.

In practice- the lead tenant remains a tenant- irrespective of the fact that he/she has fecked off to Canada- and a case should be lodged against them.

They cannot sublet without permission.

Samuel T. Cogley · 03-12-2019 8:22pm

Take legal advice and if it is as the Conductor says it is (FWIW I believe him to be correct) get them out ASAP.

The_Conductor · 03-12-2019 8:22pm

itsthisyear wrote: »

The adjudication list has the names published. It should be publicised more. All non paying tenants and landlords who refuse to refund deposits should have a case taken against them and listed here. It might Highlight the landlords to avoid and the tenants to avoid!

The adjudication list is meaningless- tenants who loose cases can, and do, ask the RTB to remove their details- and I'm not aware of the RTB ever refusing to remove their details. Plenty of tenants don't bother asking- as they're not aware of how the RTB operate- but in practice, the lack of a name on their database does not mean they haven't been in front of a string of tribunals..........

itsthisyear · 03-12-2019 8:27pm

The_Conductor wrote: »

In which case they're neither tenant nor licensee.
They are trespassers and you can ask them to leave with immediate effect.

In practice- the lead tenant remains a tenant- irrespective of the fact that he/she has fecked off to Canada- and a case should be lodged against them.

They cannot sublet without permission.

I am in agreement but RTB say 28days notice and hope they leave. I didn’t think I’d need to give him notice. The place is a pigsty and all I want to do is get him out and sort it out.

The_Conductor · 03-12-2019 8:29pm

itsthisyear wrote: »

I am in agreement but RTB say 28days notice and hope they leave. I didn’t think I’d need to give him notice. The place is a pigsty and all I want to do is get him out and sort it out.

If the RTB have advised this- do not go against their advice, as if it ever ends up in front of them, it'll go against you. Even if its a month or two without rent- its worth it to get shot of the messy pig.

Samuel T. Cogley · 03-12-2019 8:29pm

itsthisyear wrote: »

I am in agreement but RTB say 28days notice and hope they leave. I didn’t think I’d need to give him notice. The place is a pigsty and all I want to do is get him out and sort it out.

Ignore what some Clerical Officer at the RTB is telling you and speak to a solicitor that knows this area.

itsthisyear · 03-12-2019 8:32pm

The_Conductor wrote: »

If the RTB have advised this- do not go against their advice, as if it ever ends up in front of them, it'll go against you. Even if its a month or two without rent- its worth it to get shot of the messy pig.

True. It’s just frustrating. I walk into a shop and take €600 telly - what happens? I’m arrested. I go and move into a house and refuse to pay rent - what happens? SFA ðŸ˜¡

_Brian · 03-12-2019 8:33pm

Does the tenancy agreement mention subletting ??

itsthisyear · 03-12-2019 8:43pm

_Brian wrote: »

Does the tenancy agreement mention subletting ??

Yes, subletting is not permitted. Doesn’t seem to be worth the paper it’s written on.

Browney7 · 03-12-2019 9:29pm

Does person there at the minute have your bank details or are they refusing contact or are they paying the lead tenant in Canada? Get a solicitor as already advised. Messy situation.

Also, are you renting entire property or room by room basis?

itsthisyear · 04-12-2019 12:03am

Browney7 wrote: »

Does person there at the minute have your bank details or are they refusing contact or are they paying the lead tenant in Canada? Get a solicitor as already advised. Messy situation.

Also, are you renting entire property or room by room basis?

No, no bank details. They only rented the room.

Claw Hammer · 04-12-2019 12:43pm

Are there other tenants in the house?

itsthisyear · 04-12-2019 1:44pm

Claw Hammer wrote: »

Are there other tenants in the house?

Nope. Just the lonely sole!

Claw Hammer · 04-12-2019 2:31pm

itsthisyear wrote: »

Nope. Just the lonely sole!

Was it a subletting or an assignment? Did you take rent from the person after the previous tenant had gone?

itsthisyear · 04-12-2019 2:38pm

Claw Hammer wrote: »

Was it a subletting or an assignment? Did you take rent from the person after the previous tenant had gone?

Subletting I think! No money has changed hands. The apt was rented as a unit to the original tenant and I want to now let it again as a unit but because of this situation I can’t.

Dav010 · 04-12-2019 2:44pm

I don’t know about others, but I’m struggling to follow what you are posting op.

How many tenants are in the apartment now? How many rooms/tenants are there? You said non paying tenant was paying rent to lead tenant, who sub let to this person, but you now seem to be saying that the non paying person is the only person there. What is the situation? Did the original lead tenant assign the lease to the new guy, or did he sub let and is continuing to pay his rent?

Claw Hammer · 04-12-2019 2:50pm

itsthisyear wrote: »

Subletting I think! No money has changed hands. The apt was rented as a unit to the original tenant and I want to now let it again as a unit but because of this situation I can’t.

Were the two people ever there simultaneously?

The_Conductor · 04-12-2019 3:17pm

How are you renting the unit by bedroom if the previous tenant was the only occupant?
I mean, you could do it- it just wouldn't make any sense to do so- as you're forfeiting the opportunity to let the unit as a whole...…….?

Either way- money has not changed hands- you need to advise the guy (or girl) that they are trespassing and have to vacate the premises.

I would also strongly advocate taking a case against the tenant who was legitimately there and gave this person the keys to the place.

You *need* to notify them immediately, in writing, to vacate the unit.

They are neither tenant nor licensee- and have not paid any rent (whatsoever) so they are trespassing. Don't get mixed up on 'giving them notice' etc- they have no rights whatsoever, including no right of notice- and need to be gotten out of there.

The tenant who gave them the key was a right stronzo for doing so- and should have a case taken against them.

itsthisyear · 04-12-2019 10:03pm

Dav010 wrote: »

I don’t know about others, but I’m struggling to follow what you are posting op.

How many tenants are in the apartment now? How many rooms/tenants are there? You said non paying tenant was paying rent to lead tenant, who sub let to this person, but you now seem to be saying that the non paying person is the only person there. What is the situation? Did the original lead tenant assign the lease to the new guy, or did he sub let and is continuing to pay his rent?

There was a lot of questions that I was answering. I really just wanted to know if someone refused to pay for their accommodation can they be identified somewhere. It went off into a saga :-) I’ve got my answer anyway and engaged with a solicitor today. The joys of being an accidental landlord! Thanks all for guidance.

mollycasey · 09-12-2019 2:35pm

Hi All,

I am hoping you might be able to help me.

I recently let out my house as i was purchasing a new property, however the sale has fallen thru and i have no alternative. Myself, my husband and our daughter are now living with my parents which is not idea. Because we need the property back for our own use can i issue notice to them now?

The lease in place is for 12 months from the beginning of November but it is only signed by one of the tenants and they only sent me back a picture of the signed page, not the full lease. Will this matter?

Thanks for reading.

Dav010 · 09-12-2019 2:43pm

mollycasey wrote: »

Hi All,

I am hoping you might be able to help me.

I recently let out my house as i was purchasing a new property, however the sale has fallen thru and i have no alternative. Myself, my husband and our daughter are now living with my parents which is not idea. Because we need the property back for our own use can i issue notice to them now?

The lease in place is for 12 months from the beginning of November but it is only signed by one of the tenants and they only sent me back a picture of the signed page, not the full lease. Will this matter?

Thanks for reading.

Once they signed the lease you sent to them, the term contract is formed. Unfortunately, as it is a 12 month contract, you have no right to evict them before the term of the lease has expired, even if you need the house.

You may have to consider paying them to leave early.

Landlords rights

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