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Tenant can't pay rent due to Covid

  • 20-10-2020 1:34pm
    #1
    Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭


    I'm assuming many others are in this situation so just wondering how it's going for everyone. I have a small apartment and the guy renting it is only new since the the end of last year, was working in a pub so he's been out of work and unable to pay his rent for quite some time. He's about 3 months behind at the moment but I assume that is going to get worse. Thankfully I have been able to get a payment break from the bank but that's now coming to an end.

    I have no desire to throw the guy out he's in a bad enough situation as it is, I believe he has to pay for his wife's place too so the money he gets from the government is not enough. My agent is managing it and asking him to pay whatever little he can.

    I'm just worried the build-up will gett o much for him to ever repay and he'll do a runner.

    Anyone else in this situation and what's the latest on what the government are trying to do to help?


«13

Comments

  • Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Under the emergency measures that were there until August and will be again and even now once he is at risk you can’t evict him. However he needs to apply for HAP, I’m surprised you or agent have let him go that long without asking him.


  • Registered Users Posts: 715 ✭✭✭Stihl waters


    Why is he paying for his wife's place also


  • Registered Users Posts: 1,622 ✭✭✭Baby01032012


    Why is he paying for his wife's place also

    I’d imagine tenant is separated and she remains in the family home hence why tenant is renting and needs to also pay his share of mortgage/maintenance as part of separation agreement.


  • Registered Users Posts: 703 ✭✭✭Iscreamkone


    Why is he paying for his wife's place also

    I had a tenant who said that she couldn't pay me on time because her car needed fixing and it cost €500. I asked her what would the mechanic say if you said you couldn't pay him on time?


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Yes that is correct as far as my understanding.

    My agent mentioned HAP but I will have to chase. Does it work retrospectively?


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  • Moderators, Society & Culture Moderators Posts: 38,359 Mod ✭✭✭✭Gumbo


    The RTB sent out guidance on this exact measure last week to all registered landlords. Did you get it?


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    The tenant needs to be a bit more proactive he needs to be looking into hap not yourself ,
    I know it's more complicated with an ex to support but he has to be able to support himself ie pay rent or find some kind of support ,


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Gumbo wrote: »
    The RTB sent out guidance on this exact measure last week to all registered landlords. Did you get it?

    This? https://www.rtb.ie/images/uploads/general/RTB_RVTA_leaflet_ENGLISH.pdf


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    So apparently he can't apply for hap as he has another mortgage.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Zascar wrote: »
    So apparently he can't apply for hap as he has another mortgage.

    He can ask for his maintenance order to be changed considering He's not paying rent ,
    Has he actually spoke to you about how he's planning to catch up on arrears.

    Actually I believe he actually might be entitled to hap


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  • Moderators, Society & Culture Moderators Posts: 38,359 Mod ✭✭✭✭Gumbo




  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    See here

    In relation to previously owned homes or existing co-owned properties, under Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and Regulation 22(1) of the Social Housing Assessment Regulations 2011, a household shall be ineligible for social housing support if it has alternative accommodation that the household could reasonably be expected to use to meet its housing need, either by occupying it or by selling the accommodation and using the proceeds to secure suitable accommodation suitable for the household’s adequate housing. However, Regulation 22(2) of the 2011 Regulations provides that this ineligibility does not apply where an applicant for social housing support owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced. Under the enactment, a deed of separation is sufficient to set aside this ineligibility ground and it is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases.




    https://www.oireachtas.ie/en/debates/question/2019-05-28/505/


  • Registered Users Posts: 443 ✭✭TP_CM


    I had a tenant who said that she couldn't pay me on time because her car needed fixing and it cost €500. I asked her what would the mechanic say if you said you couldn't pay him on time?

    You pay the mechanic before they hand back the keys so I suppose they wouldn't have a car that way. Whereas with landlords you have legal protection against evictions in the event you don't pay the rent. I'm not saying it's fair, but your question implies the customer is in just as much difficulty either way.


  • Registered Users Posts: 5,368 ✭✭✭JimmyVik


    Why is he paying for his wife's place also


    He is not.

    The OP is :)


  • Banned (with Prison Access) Posts: 2,980 ✭✭✭s1ippy


    This is a terrible situation.

    Sorry OP. Both of you are having a hard time but you're bearing the brunt of it.

    Hope his HAP application goes through.


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 13,981 Mod ✭✭✭✭pc7


    Gumbo wrote: »
    The RTB sent out guidance on this exact measure last week to all registered landlords. Did you get it?


    I didn't receive any guidance from them and I'm registered


  • Registered Users Posts: 349 ✭✭Aye Bosun


    Found ourselves in the situation too but back during the first lockdown. Also identical in that he is paying for the ex and kids place too. He was honest and upfront from the start. Paid his months rent as due and call the next day to discuss moving forward as he’d lost his job. We agreed a 3 month 50% debt forgiven to get him back on his feet and insisted at that point he apply for Hap. He had to apply for social housing first and once on that list got approved for HAP but not for the full rent. Where we differ is we had build up a relationship over 3 years not a new tenant. In the current situation we decided it’s better to work with what we have, better the devil you know! especially as you’ll have a very hard time evicting anyone at the moment. So we’re not getting full rent for place but we have a happy tenant, looking after the place and some rent each month. Better than having the place empty and kids breaking in for a party or likes.


  • Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 13,981 Mod ✭✭✭✭pc7


    Awful situation OP, it really is, hopefully you can get hap or something to help.


  • Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Remember that people who lose their PAYE income will get the PUP, employers will get wage subsidies, restaurants and cultural venues will get up to 5k per week free money.

    But Evil Landlords will get nothing!


  • Registered Users Posts: 3,961 ✭✭✭spaceHopper


    I had tenants apply for rent allowance (it still exists) and they paid out.


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  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    I had tenants apply for rent allowance (it still exists) and they paid out.

    Can you tell me more please? Thanks.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    Gatling wrote: »
    See here

    In relation to previously owned homes or existing co-owned properties, under Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and Regulation 22(1) of the Social Housing Assessment Regulations 2011, a household shall be ineligible for social housing support if it has alternative accommodation that the household could reasonably be expected to use to meet its housing need, either by occupying it or by selling the accommodation and using the proceeds to secure suitable accommodation suitable for the household’s adequate housing. However, Regulation 22(2) of the 2011 Regulations provides that this ineligibility does not apply where an applicant for social housing support owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced. Under the enactment, a deed of separation is sufficient to set aside this ineligibility ground and it is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases.




    https://www.oireachtas.ie/en/debates/question/2019-05-28/505/

    Thanks this is very useful. I'm not sure if the guy is "Formerly separated" but I'll find out. I wonder if they would even check or ask for proof he could probably just say he is...


  • Registered Users Posts: 6,003 ✭✭✭handlemaster


    The whole tenant situation and the OP trying to sort the welfare out for him. If the guy isn't working has an ex wife etc he's a big boy if he can't be bother putting time into getting this sorted its questionable the OP is doing himself credit working on this. Harsh but OP should give him notice ,his friends or family aren't paying his rent why should the landlord.


  • Moderators, Motoring & Transport Moderators, Music Moderators Posts: 12,778 Mod ✭✭✭✭Zascar


    The laws are pretty strict on this at the moment, you can't evict someone - and certainly not for the next 6 weeks during lockdown. I'm sure there are loads of people in a similar situation.

    The other thing is if I evict him, there's my money down the drain. I'd rather give him the chance to catch up when back working.


  • Registered Users Posts: 28,783 ✭✭✭✭Wanderer78


    Jesus Christ, businesses are seriously being hung out here, what protection are you folks getting!!!!


  • Registered Users Posts: 643 ✭✭✭maryk123


    He can apply for Covid rent supplement from his local community welfare officer


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Zascar wrote: »
    ....
    I'm just worried the build-up will gett o much for him to ever repay and he'll do a runner...

    He'll probably never have the means to pay the arrears. Pubs are unlikely to open for a very long time. He should be looking for alternative work. Best you can hope is token payment and he keeps the place well, until he gets back on his feet.


  • Registered Users Posts: 13,982 ✭✭✭✭Dav010


    As harsh as it sounds, you should issue written notice of arrears and open a dispute with the RTB.


  • Registered Users Posts: 2,186 ✭✭✭mel123


    OP your going to not going to get your rent arrears and while you have a good heart, you need to protect your property and your own credit rating and get it sorted. You need to put a business head on. This guy and his ex-wife are getting two houses for the price of one here.


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  • Registered Users Posts: 4,716 ✭✭✭Xterminator


    Pkiernan wrote: »
    Remember that people who lose their PAYE income will get the PUP, employers will get wage subsidies, restaurants and cultural venues will get up to 5k per week free money.

    But Evil Landlords will get nothing!


    these are not mutually exclusive groups of people. plenty of landlords are PAYE workers etc. Plenty of landlords will benefit from Covid targeted state assistance.

    Plenty of businesses are feeling the pain. Many cannot trade.

    Most landlords will be lucky and tenants will continue to pay, but some will be in the unfortunate position of being unable to move to evict.

    The effect is being felt in all strands of society. Putting on the poor mouth and begrudging those individuals and businesses who get state assistance hardly reflects well on you.


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