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Landlords rights

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Comments

  • #52
    mollycasey
    Registered Users Posts: 74 ✭✭mollycasey


    The_Conductor wrote: »
    You have it in writing.
    Keep everything in writing.
    If they say they're going legal- thats fine too.
    It was stupidity giving them a 1 year lease, however, that is in the past.
    They vacated the property, satisfied with the terms under which they were doing so.
    You have this in black and white.
    In your position I'd be suggesting that you lodge a case for the damage they caused- and make sure you have it detailed (pictures of the mould, the holes in the wall etc)- or at least threaten to do so.

    They are chancing their arm- completely chancing their arm- however, you need to protect yourself at the same time.

    Yes it was very stupid giving a 12 month lease but our situation drastically changed and we needed the house back. I have everything in writing and have pictures taken of the mould and wall damage. To be honest I think they are using threshold and the rtb to see if we will back off. We will see where this goes and I will keep ye updated.


  • #53
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    Maia Ashy Windsock wrote: »
    Im afraid the mistake you made was ever paying them a cent, I see that suggested on here and it really is a really bad idea.



    They what? Why on earth would anyone be entitled to have rent retuned. Insane to even suggest it.

    Unless the op specifically made mention that any overpaid rent was included the compensation it has left ambiguity, that will mostly go the tenants way, the op should have had legal advice and a proper drafting of the agreement by a legal professional to avoid this.


  • #54
    mollycasey
    Registered Users Posts: 74 ✭✭mollycasey


    davindub wrote: »
    Unless the op specifically made mention that any overpaid rent was included the compensation it has left ambiguity, that will mostly go the tenants way, the op should have had legal advice and a proper drafting of the agreement by a legal professional to avoid this.

    I am not keeping overpaid rent I am keeping the rent for the days that they lived in the house and returning the balance, the issue is they want the full amount returned and that would mean they lived in the house for 20 days free. I cannot see how anyone would agree to this.


  • #55
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    mollycasey wrote: »
    Yes it was very stupid giving a 12 month lease but our situation drastically changed and we needed the house back. I have everything in writing and have pictures taken of the mould and wall damage. To be honest I think they are using threshold and the rtb to see if we will back off. We will see where this goes and I will keep ye updated.

    Mould is subjective, did you have terms in the lease to cover opening windows etc?

    But in any case, the compensation included the deposit, which is what covered any damages, I'm afraid that may be interpreted as including taking into consideration any issues with the house.

    Maybe get a solicitor yourself op? May cost more than the rent though...


  • #56
    davindub
    Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    mollycasey wrote: »
    I am not keeping overpaid rent I am keeping the rent for the days that they lived in the house and returning the balance, the issue is they want the full amount returned and that would mean they lived in the house for 20 days free. I cannot see how anyone would agree to this.

    I wouldn't return rent for the time they lived there either. Just make sure you have everything to back it up.


  • #57
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    If I was you I open a case with the PRTB yourself, you will probably win. Or at least have 3rd party mediate. You'd be following the rules.


  • #58
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,441 ✭✭✭✭Marcusm


    mollycasey wrote: »
    I am not keeping overpaid rent I am keeping the rent for the days that they lived in the house and returning the balance, the issue is they want the full amount returned and that would mean they lived in the house for 20 days free. I cannot see how anyone would agree to this.

    More importantly, if this had been part of the agreement it would have been insisted upon by them prior to moving when you were coming out the rest of the cash. It could hardly be inferred that any further funds would be advanced.


  • #59
    MacDanger
    Registered Users, Registered Users 2 Posts: 2,802 ✭✭✭MacDanger


    I wouldn't give them a cent, they made an agreement (which they seem to have done pretty well out of) and are now looking for extra. I'd rather spend more than the rent on a solicitor than give them anything extra


  • #60
    [Deleted User]
    Posts: 7,712 ✭✭✭ [Deleted User]


    Tell them you’ve got excellent legal advice but they’re free to waste their money on a solicitor if they like.


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  • #61
    mollycasey
    Registered Users Posts: 74 ✭✭mollycasey


    So I gave them what they were owed minus the deductions and I then found out yesterday that they never paid an electricity bill for the time they were in the house. Any ideas how I can get this back?


  • #62
    martinr5232
    Registered Users, Registered Users 2 Posts: 2,298 ✭✭✭martinr5232


    mollycasey wrote:
    So I gave them what they were owed minus the deductions and I then found out yesterday that they never paid an electricity bill for the time they were in the house. Any ideas how I can get this back?


    If its in their name its nothing to do with you its between them and the company.


  • #63
    mollycasey
    Registered Users Posts: 74 ✭✭mollycasey


    martinr5232 wrote: »
    If its in their name its nothing to do with you its between them and the company.

    They never transferred the account over. Electric Ireland have it on their system the date I closed the account and when I spoke to them yesterday they advised the tenants never contacted them or another supplier to take the account. I have no idea why they didn’t cut it off.


  • #64
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    mollycasey wrote: »
    They never transferred the account over. Electric Ireland have it on their system the date I closed the account and when I spoke to them yesterday they advised the tenants never contacted them or another supplier to take the account. I have no idea why they didn’t cut it off.

    Did you receive the final bill when you closed the account? Give EI their new address, I’m sure you had it on your lease agreement that they were responsible for utilities.

    I know you are getting advice here to give them nothing/you owe them nothing. But you and the posters should bare in mind, they had no obligation to move, you had no right to make them move during their term lease. So they have been discommoded in order that you move back in. They deserve the money you are giving them, they could have exercised their rights, that could have cost you a lot more.


  • #65
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    I'd make a complaint about the supplier also.


  • #66
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    beauf wrote: »
    I'd make a complaint about the supplier also.

    Look at the bigger picture, how much electricity can be used in the period of time they were there? Draw a line under it. If the tenant dug their heals in and stopped paying because the owner was trying to force them out, a small electricity bill would be inconsequential.


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  • #67
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    mollycasey wrote: »
    They never transferred the account over. Electric Ireland have it on their system the date I closed the account and when I spoke to them yesterday they advised the tenants never contacted them or another supplier to take the account. I have no idea why they didn’t cut it off.

    Seriously- clock it down to experience, you're unlikely to get satisfaction if you go chasing them. Its not worth the headwreck. If they do play silly buggers with you- its simply another item in your arsenal to use against them- however, for now, I'd park it, take the pain of the bill and move on- a little wiser.

    Sometimes you have to choose your battles- and I'd suggest that this simply isn't one of them.


  • #68
    [Deleted User]
    Posts: 24,714 ✭ [Deleted User]


    Personally I don't know how people are so fast to let things slide. That's why this goes on as people like these know they won't be followed up for it, if everyone followed up all the time then people would think twice about it.

    Even if you don't want to put too much effort into it just make up a few things to try scare them. Tell them you are in contact with the RTB in relation to the house who fell its a clear cut case in your favour and are in contact the guards in relation to not paying the ESB as that's theft and they are very interested in following it up. Offer to drop the cases if they pay up for the bill and pay over x amount of money to tidy up the house.


  • #69
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Dav010 wrote: »
    Look at the bigger picture, how much electricity can be used in the period of time they were there? Draw a line under it. If the tenant dug their heals in and stopped paying because the owner was trying to force them out, a small electricity bill would be inconsequential.

    Making a complaint cost nothing.

    Suppliers have a habit of doing this. Transferring a tenants debt to the LL, and as in this case allowing a tenant to rack up bills.


  • #70
    mrslancaster
    Registered Users, Registered Users 2 Posts: 1,875 ✭✭✭mrslancaster


    Maia Ashy Windsock wrote: »
    Personally I don't know how people are so fast to let things slide. That's why this goes on as people like these know they won't be followed up for it, if everyone followed up all the time then people would think twice about it.

    Even if you don't want to put too much effort into it just make up a few things to try scare them. Tell them you are in contact with the RTB in relation to the house who fell its a clear cut case in your favour and are in contact the guards in relation to not paying the ESB as that's theft and they are very interested in following it up. Offer to drop the cases if they pay up for the bill and pay over x amount of money to tidy up the house.

    Maybe the OP should let it go on this occasion. The tenants had a 1 year lease & could have insisted on staying put & the op would have had the hassle of finding somewhere else to live plus all the costs of that. A small electricity bill plus the cost of buying out the tenants interest in the lease...OP was lucky to get this sorted so quickly imo.


  • #71
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    You have to look at as a business and certain amount bad debts are inevitable.


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  • #72
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    mollycasey wrote: »
    They never transferred the account over. Electric Ireland have it on their system the date I closed the account and when I spoke to them yesterday they advised the tenants never contacted them or another supplier to take the account. I have no idea why they didn’t cut it off.

    I believe once you furnish the letting contract to the electrical supply company... as far as I know it's not your problem..


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