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Auctioneer won't give me my rent?

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  • 22-03-2015 8:18am
    #1
    Hannaho
    Registered Users Posts: 722 ✭✭✭


    Hi! I have a S.27 property let for e400 per month in Longford. It is let for six months. My letting agent took the e400 deposit and e400 rent. She took e200 of this rent for letting the property. She was supposed to collect the rest of the money for the property - it's four months into the tenancy now - bud she didn't collect it, and the tenant is refusing to give it to me - what are my rights? I have threatened to write to the Property Services Authority, but this doesn't seem to bother the letting agent. The letting agent is belong to one of the well-known auctioneering franchises - don't know if this means anything or not - can I terminate the tenant's lease for non-payment of rent. I registered the tenancy with the PRTB?


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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    Certainly you can terminate the tenancy for non-payment of rent- and I would do so promptly- before 6 months are up- aka before the tenant tries to claim they have rights under the 2004 Act (which they obviously don't).

    I would also lodge two separate complaints- one with the PRTB- against the tenant- and a second complaint with the Property Services Regulators Authority- concerning the agent (who really seems to be wholly incompetent and to have totally taken their eye off the ball on this).

    You would appear to have a legitimate case against both parties- however- I would be lodge a PRTB case first and as fast as possible- you need the tenant out ASAP.


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    #3
    Hannaho
    Registered Users Posts: 722 ✭✭✭Hannaho


    Hi! Conductor, thanks for your reply.

    I have just checked the register in the Property Services Authority and the letting agent isn't on it - what does this mean?

    Also I have checked the XXXXX XXXX list of offices around the country, and though this person is using their name, they are not listed on it - though the house is in Longford I didn't use a letting agent in Longford. There are two XXXXXX XXXX agents in Longford, wished I had used them now. What does this mean?


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    I am editing your post to remove details of who they are- but it sounds like they are an unlicensed operator piggybacking on the good name of the national brand.

    I'd contact the head office of the national chain of estate agents- too- but first on my hit list would be the PRTB- then the PSRA- then the headoffice of the national chain of estate agents........

    First things first- you want the tenant out of there. Secondly you need to try to get the money you're owed- and after that- a little bit of retribution for the estate agent is on the cards...........


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    #5
    Hannaho
    Registered Users Posts: 722 ✭✭✭Hannaho


    Hi! Conductor, thanks for editing my post. I will try the PSRA and PRTB and see where I get with it - hopefully that will start things moving - maybe it's lack of staff/changes of staff that's affected things - I will choose someone much more local next time.


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    #6
    matrim
    Registered Users Posts: 7,515 ✭✭✭matrim


    Is the tenant refusing to pay any rent or just give it to you? Are they still giving to the agent?


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    #7
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    Does the tenant even know you?

    They had been paying rent to the agent. If a stranger showed up on the doorstep and claimed he was the owner and from now on all rent goes to him I'd refuse too.


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    #8
    SteM
    Registered Users Posts: 6,543 ✭✭✭SteM


    mikemac1 wrote: »
    Does the tenant even know you?

    They had been paying rent to the agent. If a stranger showed up on the doorstep and claimed he was the owner and from now on all rent goes to him I'd refuse too.

    The OP said that the agent hasn't been collecting the rent.


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    #9
    Uno my Uno.
    Registered Users Posts: 905 ✭✭✭Uno my Uno.


    Hannaho wrote: »
    Hi! I have a S.27 property let for e400 per month in Longford. It is let for six months. My letting agent took the e400 deposit and e400 rent. She took e200 of this rent for letting the property. She was supposed to collect the rest of the money for the property - it's four months into the tenancy now - bud she didn't collect it, and the tenant is refusing to give it to me - what are my rights? I have threatened to write to the Property Services Authority, but this doesn't seem to bother the letting agent. The letting agent is belong to one of the well-known auctioneering franchises - don't know if this means anything or not - can I terminate the tenant's lease for non-payment of rent. I registered the tenancy with the PRTB?

    You need to see a solicitor straight away, time is of the essence in respect of the tenant and the procedures must be followed exactly.


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    #10
    BeatNikDub
    Closed Accounts Posts: 603 ✭✭✭BeatNikDub


    Hannaho wrote: »
    Hi! Conductor, thanks for your reply.

    I have just checked the register in the Property Services Authority and the letting agent isn't on it - what does this mean?

    Also I have checked the XXXXX XXXX list of offices around the country, and though this person is using their name, they are not listed on it - though the house is in Longford I didn't use a letting agent in Longford. There are two XXXXXX XXXX agents in Longford, wished I had used them now. What does this mean?

    This means they are providing a property service without a licence which is completely illegal.
    Go to PSRA immediately, they really dont look fondly on this especially. Also report to the head office of the brand they are claiming to be working under. Make a big fuss, this is pretty serious.

    Best of luck, hope this is resolved hastily and satisfactorily!


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    #11
    Hannaho
    Registered Users Posts: 722 ✭✭✭Hannaho


    If tenant is consistently late with rent in first six months of tenancy - can I ask them to leave? Tenancy registered with PRTB. How long do I have to wait to ask them to leave? What notice do I need to give them?


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    #12
    gaius c
    Registered Users Posts: 3,528 ✭✭✭gaius c


    What's the method of payment?


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