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termination notice

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  • #32
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    GGTrek wrote: »
    OP start your battle now. Make the calculations of exactly how much rent is due and issue the termination notice for rent arrears (calculate 29 days, not 28). At the same time immediately prepare also the own use termination notice, prepare the statutory declaration and make it sign by a solicitor on oath and serve it. In 28 days take the matter to RTB for overholding and ask to confirm validity of both notices. If your rent missing calculation are right you will get a determination order published in around 2-3 months from now with an order to vacate (worst case in early 2019) and then you take it from there or you can reach an agreement for their exit at the RTB adjudication hearing (always be prepared to negotiate).

    I am always very willing to help other landlord that have been gamed by tenants with the help of Threshold, I hate the organization and its people, if you need any practical suggestion please PM me and I shall try to answer before Sunday. Best of luck, may I suggest you to take legal advice before serving the termination notices?

    Long term terminate was served along with 14 day notice and a cover note. I will try to contact them again but yes I may need to get 28 day notice sooner rather than later. Will keep post updated on progress


  • #33
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    rightmove wrote: »
    I will try to contact them again but yes I may need to get 28 day notice sooner rather than later. Will keep post updated on progress
    Contacting them again will show your hand. If you say that you'll be back with the 28 day notice, they may never answer the door again.


  • #34
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    the_syco wrote: »
    Contacting them again will show your hand. If you say that you'll be back with the 28 day notice, they may never answer the door again.

    Good point. I would go registered letter again and hope it would be best for a record


  • #35
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    ok need to give update here.

    I didnt pursue them for the late rent. I honestly didnt trust the prtb process esp after reading the stuff in this site.

    I decided to let the termination process run its (very long) course (i.e. termination notice rather then pursue the eviction based on late rent).

    On the rent side of things they continued to pay rent and then stopped paying owing 2 months rent in the end.

    Offset against the original deposit I was stiffed by around a month and a half

    house itself was left clean but the garden and the attic is stuffed to the gills with all sorts and junk furniture left everywhere.

    The clean up job will be big and I needed to fix some window locks etc. They changed the electricity to a PAYG without permission.

    They also overstaying but only by 4 days. The taxpayer got them a new place apparently.

    So SW pay them, they stiff me and we pay again for them after that (we truely are the land of the welcome to ireland)

    not sure what to do about thsi PAYG thing. Might just leave it but need to find out more. They wouldnt give me a fwding address for the final gas bill either.

    I can give to one of the neightbours who know them. They left a scatter of full bins also. They were supposed to call and collect more stuff but I doubt they will as they ignored the calls to arrange.

    not sure I how long I should give them but I want to get on with clearing it.

    Honestly its been extremely stressful and I will never rent again and the gov are pushing ppl into the hands of pbp and loony left parties by there so called tenant friendly legislation.

    Its not good for tenants to be denied housing because of concerted campaign against LLs. Pure stupid! the left know the legislation is working in their favour as they can exploit it in the form of spin and the media play the pipe for them.

    My advice to anyone is get out now as there is a conspiracy to hand over all rental property to the REITs etc. small and accidental LL are being royaly screwed. The 4% is unconstitutional and no one took as case (unlike 81)- nobody!!!

    as it affects the value of your property going forward.


  • #36
    airy fairy
    Registered Users Posts: 1,083 ✭✭✭airy fairy


    I hate saying it, but sounds like you got away lightly.
    The ESB/gas will have to look for the tenant, not your issue, although we had to prove we owned the property by a solicitor before they switched names back.
    Our tenant owes us €15k, we are persuing him. Also gas/ESB are after him as we get his debt collector letters, €3k owing to them.
    You are dead right getting out, we are for sale now.
    Government and all the rest complain of no rentals available, they'd be plenty if the LL was treated properly.


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  • #37
    tvjunki
    Registered Users Posts: 601 ✭✭✭tvjunki


    Most importantly send a text to then that you will give them 5days to remove their possessions and property and they will be charged removal. You don't want they to claim for their rubbish they left behind. Take photos of what was left with a news paper in the foreground. Put everything on a text or email. Get receipts for skips labour and other costs incase they come back to you for compensation.

    Regards the gas if it is their name then put it back in your name with a meter reading. They will find your x tenant when they run out of service providers.

    With the electric key meter if it is Electric ireland contact them and tell them you want it removed. There will be no charge.
    In prepay power ring them and tell them it was put in without your consent and you want it removed. It will take a few calls and there should be no charge. They are charging such high rates prepay power will not chase the tenan for arrears.
    If they put key meters in they definately could not manage.

    Remember you might get a call in the future for reference. Some of the bad tenants are really stupid. G d p r restricts what you can say.

    Just had the same issue with tenant. Your lovely when they are nearly in a hostel but when you give notice they then speak badly and think you should clean up their mess. Furniture left in the house and rubbish in the house and bin shelter.
    I did not get a call from their new landlord so the new landlord just has not got a clue. Spotless house handed back in bits.


    Government should get a grip and stop worrying about headlines and suing landlords. Set a law so landlords can get money back from non paying overholding tenants will little legal fees.


  • #38
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    Also looking at the new legislation. If they extend the rpz, and 4% they can't claim it's temporary so it De facto unconstitutional based on early 80s case???????


  • #39
    Claw Hammer
    Registered Users Posts: 6,149 ✭✭✭Claw Hammer


    rightmove wrote: »
    De facto unconstitutional ?

    What does this mean?


  • #40
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    rightmove wrote: »
    The clean up job will be big and I needed to fix some window locks etc. They changed the electricity to a PAYG without permission.
    rightmove wrote: »
    not sure what to do about thsi PAYG thing. Might just leave it but need to find out more.
    Ring the provider, and demand that they remove it, as you never authorised it to be put there.
    rightmove wrote: »
    They wouldnt give me a fwding address for the final gas bill either.
    If it's in their name, change the gas to your name, and the bill will follow them. If the bill is in your name, why?

    =-=

    Take note of this post. If they ask if they can use you as a reference, tell them yes, and tell any LL that rings you;
    late rent
    stopped paying owing 2 months rent in the end
    They changed the electricity to a PAYG without permission
    They also overstaying
    But nothing else. Nothing personal. Just the facts. If there was a PTRB eviction notice, keep note of the PTRB case number.

    If nothing else, it'll stop them effing someone else over.


  • #41
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    the_syco wrote: »
    Ring the provider, and demand that they remove it, as you never authorised it to be put there.


    If it's in their name, change the gas to your name, and the bill will follow them. If the bill is in your name, why?

    =-=

    Take note of this post. If they ask if they can use you as a reference, tell them yes, and tell any LL that rings you;




    But nothing else. Nothing personal. Just the facts. If there was a PTRB eviction notice, keep note of the PTRB case number.

    If nothing else, it'll stop them effing someone else over.

    They have been provided for by the council. But yes I would never let someone else be gimped.


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  • #42
    airy fairy
    Registered Users Posts: 1,083 ✭✭✭airy fairy


    See the issue is, well, one of them, is the social gives rent allowances directly to the tenant. It's up to the tenant to pass it on to the LL.
    We were not allowed ask social how much, how often, report it, find info on past payments of rent, because of FO I.
    We eventually got payments stopped from social to tenant. It wasn't easy though.
    Fast forward, he's now living it up in another county, and rent is once more being paid to the tenant from social. It's only a matter of time where he'll refuse to pass on his rent to the new LL, if it's not happening already.
    No database to check or take note of tenants history, not even rtb have a clue or keep record.


  • #43
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    airy fairy wrote: »
    See the issue is, well, one of them, is the social gives rent allowances directly to the tenant. It's up to the tenant to pass it on to the LL.
    We were not allowed ask social how much, how often, report it, find info on past payments of rent, because of FO I.
    We eventually got payments stopped from social to tenant. It wasn't easy though.
    Fast forward, he's now living it up in another county, and rent is once more being paid to the tenant from social. It's only a matter of time where he'll refuse to pass on his rent to the new LL, if it's not happening already.
    No database to check or take note of tenants history, not even rtb have a clue or keep record.

    Great system. Unfortunately those in power don't care it seems. I will let them know the I am going to dispose of items left and then do exactly that. Idea of billing them is a non runner as suggested. Will take photos first for evidence


  • #44
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    rightmove wrote: »
    Great system. Unfortunately those in power don't care it seems. I will let them know the I am going to dispose of items left and then do exactly that. Idea of billing them is a non runner as suggested. Will take photos first for evidence
    Check with a solicitor how much time you must give them to have them remove their stuff.


  • #45
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    the_syco wrote: »
    Check with a solicitor how much time you must give them to have them remove their stuff.
    More costs if I go legal. They said they would collect stuff Monday or Tuesday. I said Tuesday and the never turned up or replied. Will get a skip and let them know that they will need to arrange collection or we will dispose of it. There must 6 mattress in the house without all the crap outside incl a bed in the yard etc etc...you get the pic. They don't the stuff and I am not keeping it. Thanks for the advice though


  • #46
    Cuddlesworth
    Registered Users Posts: 13,980 ✭✭✭✭Cuddlesworth


    rightmove wrote: »
    More costs if I go legal. They said they would collect stuff Monday or Tuesday. I said Tuesday and the never turned up or replied. Will get a skip and let them know that they will need to arrange collection or we will dispose of it. There must 6 mattress in the house without all the crap outside incl a bed in the yard etc etc...you get the pic. They don't the stuff and I am not keeping it. Thanks for the advice though

    Just document everything. Pictures, videos, invoices, attempts to contact them. At any point they could lodge a RTB case and it will be on you to show justification for any actions.


  • #47
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    rightmove wrote: »
    More costs if I go legal. They said they would collect stuff Monday or Tuesday. I said Tuesday and the never turned up or replied.
    They can wait until you clear the place, and then ask you for their stuff.

    Then give some cock & bull story to the PTRB about you not giving them any time to get their stuff back after eviction, and get more money off you via the PTRB.


  • #48
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    It will be 2 weeks when I get rid of their stuff. Also how did others de register from rtb. Want to get away from them also...🙂


  • #49
    airy fairy
    Registered Users Posts: 1,083 ✭✭✭airy fairy


    rightmove wrote: »
    It will be 2 weeks when I get rid of their stuff. Also how did others de register from rtb. Want to get away from them also...🙂

    I think, could be wrong now, but once a tenant leaves your property, then the prtb membership stops.
    So basically every time you get a new tenant you have to re-register and pay.
    I assume tenant gone=no prtb


  • #50
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    From the RTB
    What do I do if the dwelling ceases to be let?
    If the tenancy ends and the dwelling is no longer available for rent then the RTB should be notified so that the record can be removed from the active registrations on the Register. This may only be done by written notification by the landlord or his or her authorised agent. In certain instances written authorisation to show that an agent is authorised to act in behalf of a landlord must be provided to the RTB. No refund of the registration fee is payable in such circumstances.
    https://www.rtb.ie/landlords/helpful-info-documents


  • #51
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    Graham wrote: »
    From the RTB


    https://www.rtb.ie/landlords/helpful-info-documents

    Thanks I would have thought you could login tho the website and Dereg from there. I would most ppl forget to do it


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  • #52
    Claw Hammer
    Registered Users Posts: 6,149 ✭✭✭Claw Hammer


    I haven't heard of the RTB pursuing anybody who did not de-register. there is nothing they can do after 1 year anyway.


  • #53
    rightmove
    Registered Users Posts: 992 ✭✭✭rightmove


    Claw Hammer wrote: »
    I haven't heard of the RTB pursuing anybody who did not de-register. there is nothing they can do after 1 year anyway.

    Amazing they have a template for every termination notice but nada for dereging


  • #54
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    rightmove wrote: »
    Amazing they have a template for every termination notice but nada for dereging

    Very easy to close online:
    https://portal.rtb.ie
    Login, go to manage tenancies, select and close tenancy. More or less two minutes work. I manage all my tenancy registrations online. Much more time is spent on collecting all the data for first registration.


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