Tenant Refusing To Pay Rent * MOD WARNING IN POST #1 *

Mad_maxx · 14-01-2021 11:34pm

Zamboni wrote: »

Offer him a big envelope of cash in exchange for a signature to voluntarily end the lease, all his stuff out and the return of keys.
Meet him in a public spot with cctv.

The cash offer should be big enough that he cannot refuse and it will be still smaller then what this will eventually cost you in lost rent and legal fees anyway.

Then go and change the locks, suck it up and get on with your life.

probably needs to considering paying a bribe of at least 5 k and possibly 10 k , eviction process will cost most landlords the guts of 20 k in lost income so 10 k would be relatively cheap

Mrs OBumble · 15-01-2021 1:54am

dalyboy wrote: »

If landlords make a habit of paying off non-paying tenants it’ll create one hell of a bad precedence. Shake downs will become common place

It already happens. Nothing new. Professional landlord know what they have to do to get their properties back in good shape.

Spanish Eyes · 15-01-2021 2:03am

If agents/landlords had an insurance scheme where if a tenant doesn’t pay, the landlord is reimbursed... it might help matters.

It is in place in France for example. Landlord pays the premium, but gives peace of mind.

The eviction process carries on in parallel.

B.A._Baracus · 15-01-2021 2:51am

DubCount wrote: »

OP. Sadly there is not a lot you can do. If you evict the tenant illegally, you face a massive fine from the RTB, and the tenancy being re-instated. Your only legal option is to seek a legal eviction via the RTB (and then the courts when that is finished). Maybe speak to a solicitor to make sure you cant start the RTB process immediately. When you finally manage to evict this tenant (and eventually you will), you can bring them to court for the amount they owe you, and the court order will be so meaningless it wont be worth your while. One possibility might be to negotiate an exit with your tenant where you pay them to leave - though that is a dangerous track to take - again talk to a solicitor.

Anyone wondering why Landlords are selling up while rents are at record high levels - read this thread.

Anyone considering being a landlord - read this thread.

Anyone seeking a ban on evictions..... you get the idea.

Actually on that subject, am curious... If a landlord sold up wouldn't the new buyer have the same issue of trying to get the tennant out because of covid?
Of course not that the landlord would care.

beauf · 15-01-2021 3:21am

B.A._Baracus wrote: »

Actually on that subject, am curious... If a landlord sold up wouldn't the new buyer have the same issue of trying to get the tennant out because of covid?

Yes. But it wouldn't be the original LL problem anymore.

[Deleted User] · 15-01-2021 4:07am

beauf wrote: »

if you "care" why not offer to pay this tenants rent for them. Indefinitely.

I don't think B.A means it the way you took it up. I think he means the landlord wouldn't care once the property had been sold (ie; not his issue anymore).

OP I don't know how much truth there is to this, or where you stand legally, but I know a landlord to make small talk with, and he said he had a non-paying tenant before. When I asked what he did to deal with the situation, he told me that the front door got damaged, so he took it away to be repaired.

y0ssar1an22 · 15-01-2021 4:11am

change the wifi password if in your name.

is the landlord required to cut the grass and tend the hedges? if so, and if there is a garden, tend away to your garden early on a sat or sunday. although, maybe dont do that. if they dont pay, they will happily not not ruin.

aside from that; OP, i can only sympathise.

give notice in line with the current guidance. keep a track of everything. possibly down the line the gov might make good on your lost money (i think they will), cos someone will take a case eventually.

****ing disgraceful that this is even a topic.

beauf · 15-01-2021 4:15am

Maybe. My bad if so.

These days. There is nothing a LL can do except follow the legal process. All these half baked "solutions" will just get you a large fine and you have to put the tenant back in.

whippet · 15-01-2021 12:40pm

I was that hero 10 years ago and quickly realised that I didn’t have any options apart from the long drawn out RTB process all the while I wasn’t getting a penny in rent and my house was getting destroyed.

I considered all of the half baked ideas that people are mentioning - but the realisation that the tenants were being supported by ‘activists’ who were waiting for me to make one wrong move that would give them a payday.

Fortunately as one of the people living in the house was a distributor of pharmaceutical products that were not on the HSE approved list .. the heat on the property became a little hot to handle and they disappeared one weekend - leaving behind a shell of a destroyed property - about €5k of my money was needed to make it habitual again.

They owed about €6k in rent on top of that.

At one stage they wanted €10k to leave - but would take €7.5k if I paid in cash.

The house was promptly sold and I’d never ever consider being a landlord again

tommyombomb · 15-01-2021 12:42pm

Could you contact their employer to look for payment directly.

Claw Hammer · 15-01-2021 1:51pm

Spanish Eyes wrote: »

If agents/landlords had an insurance scheme where if a tenant doesn’t pay, the landlord is reimbursed... it might help matters.

It is in place in France for example. Landlord pays the premium, but gives peace of mind.

The eviction process carries on in parallel.

That would be ok if defaulting tenants could be removed reasonably efficiently. A well-informed tenant could keep the matter going for years.

Claw Hammer · 15-01-2021 1:52pm

tommyombomb wrote: »

Could you contact their employer to look for payment directly.

What has the employer got to do with it? The employer can't deduct anything from the salary without the written consent of the employee.

djr15 · 15-01-2021 2:10pm

Arrange to pay him to leave.

Once all his stuff is out, meet, don't pay and have the locks changed.

Fight fire with fire.

jetfiremuck · 15-01-2021 2:10pm

The well nourished minister for Housing as usual is not living in the real world. Im betting that the eviction ban will continue until after after paddys day. The Rtb etc are backed up and with the current state of affairs evictions will be another RTE ,PBP,Sf wolf whistle.

PO!NT · 15-01-2021 2:12pm

What is the responsibility of the Agent when SHTF.

Mrs OBumble · 15-01-2021 2:21pm

Claw Hammer wrote: »

What has the employer got to do with it? The employer can't deduct anything from the salary without the written consent of the employee.

And unless you thought to put this into your original tenancy agreement, the tenant can also do you for a GDPR breach.

Mrs OBumble · 15-01-2021 2:22pm

djr15 wrote: »

Arrange to pay him to leave.

Once all his stuff is out, meet, don't pay and have the locks changed.

Fight fire with fire.

Unfortunately type of tenant who would do this in the first place is likely to fight back with fire - literally.

beauf · 15-01-2021 2:23pm

PO!NT wrote: »

What is the responsibility of the Agent when SHTF.

Depends on the agent.

djr15 · 15-01-2021 2:28pm

Mrs OBumble wrote: »

Unfortunately type of tenant who would do this in the first place is likely to fight back with fire - literally.

In that case best do nothing about it and just bust out crying....?!?!

Seriously though, it seems this "tenant" has no intention of paying.

many ppl saying to pay him to leave...
Ye must be having a laugh.

As long as you do nothing illegal he has no comback, cutting your losses is one thing but making them worse by paying him to go is another...

L1011 · 15-01-2021 2:34pm

djr15 wrote: »

Arrange to pay him to leave.

Once all his stuff is out, meet, don't pay and have the locks changed.

Fight fire with fire.

This would be considered an illegal eviction

This thread has multiple posters suggesting various levels of illegal approaches and there have already been warnings.

The next person to suggest something illegal is going to get a ban

[Deleted User] · 15-01-2021 4:49pm

As someone above suggests you need to follow the new 10 step process while emergency periods (5km restrictions) are in place.

1. First of all you need to send a 28 day warning letter to the tenant and also send a copy to the RTB. The 28 days will not begin till the tenant and the RTB both receive a copy.

2. After this is dependent on the actions of you and the tenant. There are options for you both to send in self declarations due to hardship. The tenant is also required to engage with the RTB, MABS and the landlord.

3. If the tenant does not engage a 28 day termination notice can be issued once the initial 28 days are up. If they do engage and provide a self declaration the termination notice must be 90 days. Again the RTB must be forwarded any notices or else they become invalid.

In theory with a non engaging tenant you are looking at 56 days notice. In reality it's very different.

Claw Hammer · 15-01-2021 4:55pm

PO!NT wrote: »

What is the responsibility of the Agent when SHTF.

Unless the agent was negligent in checking references at he outset, he cannot be responsible for the failure of the tenant to pay rent. He is paid to introduce a tenant and possible mange the tenancy, not guarantee the rent.

Claw Hammer · 15-01-2021 4:59pm

B.A._Baracus wrote: »

Actually on that subject, am curious... If a landlord sold up wouldn't the new buyer have the same issue of trying to get the tennant out because of covid?
Of course not that the landlord would care.

The landlord would not achieve anything like full market value for a house occupied by a non-performing tenant. He would be unable to give vacant possession, thus nobody could get a mortgage on the property. Any intending purchaser will only pay a very reduced price to allow for the inevitable costs of removing the tenant, repairing any damage done and are finding a new, paying, tenant.

Patrick2010 · 15-01-2021 5:22pm

costacorta wrote: »

Contact all the SF and PBP TDs , They are the ones who encourage non payments of rent as according to them nobody should be evicted from a property.

Are you not aware that all property is theft from the proleteriat and also that its the duty of the government to provide housing for everyone?

mrslancaster · 15-01-2021 5:29pm

What do posters here think about a landlord asking for a Guarantor when tenants are signing a new lease? One of my friends just told me her son and his girlfriend have been asked by the Estate Agent to get a guarantor to co-sign the lease with them. The EA said its because of all the new regulations and if they default on the rent then the guarantor will also be responsible to pay the rent. Is that a new thing?

handlemaster · 15-01-2021 5:46pm

mrslancaster wrote: »

What do posters here think about a landlord asking for a Guarantor when tenants are signing a new lease? One of my friends just told me her son and his girlfriend have been asked by the Estate Agent to get a guarantor to co-sign the lease with them. The EA said its because of all the new regulations and if they default on the rent then the guarantor will also be responsible to pay the rent. Is that a new thing?

normal in other countries. all for it.

road_high · 15-01-2021 8:32pm

mrslancaster wrote: »

What do posters here think about a landlord asking for a Guarantor when tenants are signing a new lease? One of my friends just told me her son and his girlfriend have been asked by the Estate Agent to get a guarantor to co-sign the lease with them. The EA said its because of all the new regulations and if they default on the rent then the guarantor will also be responsible to pay the rent. Is that a new thing?

Probably because stories like the OP are so widespread now that they’ll just have to try other means of protection. This carry on is untenable and it’s little wonder supply is such a problem now.

DubCount · 15-01-2021 10:22pm

mrslancaster wrote: »

What do posters here think about a landlord asking for a Guarantor when tenants are signing a new lease? One of my friends just told me her son and his girlfriend have been asked by the Estate Agent to get a guarantor to co-sign the lease with them. The EA said its because of all the new regulations and if they default on the rent then the guarantor will also be responsible to pay the rent. Is that a new thing?

I'm not sure the guarantee is even legally enforceable. A contract usually requires consideration on all sides - everyone gives something and takes something. In this case the guarantor is giving something, but receiving nothing.

handlemaster · 16-01-2021 8:39am

DubCount wrote: »

I'm not sure the guarantee is even legally enforceable. A contract usually requires consideration on all sides - everyone gives something and takes something. In this case the guarantor is giving something, but receiving nothing.

He /She guarantees they will pay the rent of the tenant doesn't. Simple. Fully enforceable.

dublin49 · 16-01-2021 12:06pm

mrslancaster wrote: »

What do posters here think about a landlord asking for a Guarantor when tenants are signing a new lease? One of my friends just told me her son and his girlfriend have been asked by the Estate Agent to get a guarantor to co-sign the lease with them. The EA said its because of all the new regulations and if they default on the rent then the guarantor will also be responsible to pay the rent. Is that a new thing?

It would make it practically impossible for potential renters who dont have access too an Irish property owning guarantor to rent.This would preclude most non nationals so dont see that coming any time soon.

Tenant Refusing To Pay Rent * MOD WARNING IN POST #1 *

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