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Tenant pocketed rent allowance

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Comments

  • #52
    ILoveYourVibes
    Registered Users, Registered Users 2 Posts: 15,202 ✭✭✭✭ILoveYourVibes


    Gooseygoo wrote: »
    This forum is such an eye opener. When I found out she was pocketing the rent allowance yesterday, I immediately thought ‘now I’ve got her’ when in fact it makes no difference. At least I know not to waste time on that. I have heard of gardai chasing rent arrears after landlords winning court cases and tenants on welfare trying to do a runner(even if it’s just 20/week). Wishful thinking??? What can I say to make her leave? How can I make her see it’s the best option for her. RTB tribunal will take months and even at that she’ll suit herself. And no, she has no assets.
    Threatening court? Does all this affect her on the housing list? She is known to gardai so is any of this criminal? What can I say to make her leave my life?!!!!!

    What about the rent book? Who was signing it to record payment of said rent allowance for you? An agent?

    Ask for the rent book back.

    Op if you ask for the rent book ...which you are allowed to see....you should have proof of fraud..


  • #53
    GGTrek
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭GGTrek


    Ray Palmer wrote: »
    The only quick eviction notice is the anti-social notice which is 7 days. The problem is they warn you that a high burden of proof is required. If neighbours make complaints about her then you have to act on them. Really feels like a trap. Neighbour complains you act on it and then the neighbour won't go to court if they claim illegal/unfounded eviction.
    I am sorry Ray, but this is bad advice from a legal point of view. The 7 days notice requires criminal standard proof for what are essentially criminal offences committed at the property (in order to shorten a multi month process by just a max of 5 weeks). The OP is very unlikely to be able to provide such standard of evidence and RTB case will fail and will waste even (much) more time. Proof of non payment of rent is instead very easy to show and even though it takes 5 weeks more to take to RTB there is no escape for the wayward tenant.


    Should the OP have solid proof of serious criminal offences committed by the tenant at the property it would be much more efficient to report the tenant to Garda, the tenant would be arrested and kicked out of the property by police force, after 28 days of property "vacated"(reason does not matter:D) and no payment of rent, the owner can enter the property (with witness) without RTB process, change the locks and take back possession:
    http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec37


    This is a very extreme case and I do not think it applies to the OP, which at maximum could prove a breach of the peace (which requires same timeline of an arrears notice but with huge evidence effort).


  • #54
    ILoveYourVibes
    Registered Users, Registered Users 2 Posts: 15,202 ✭✭✭✭ILoveYourVibes


    Gooseygoo wrote: »
    Thanks. Any tips on getting her out? She’s twice the size of me, history of violence and instability, so incredibly rough and knows how to play the system. Eviction date is 1st March....repeated phone calls? Threaten her with court for rent arrears and solicitors fees(I would go all the way if it resulted in causing her even just a morsel of pain) . I’m really on my own with this. My solicitor has wasted 2 months before sending out notices, thought he’d help fight my battle but it really is every man for himself. Worst experience of my life.

    RTB circuit court and possession /determination orders ....nightmare

    How long is the lease (as in when is she due a renewal?) and when are you due a rent hike?

    Offering cash for keys is an option ....although you could get done over there by her too.


  • #55
    Gasherbraun
    Registered Users, Registered Users 2 Posts: 312 ✭✭Gasherbraun


    spaceHopper wrote: »
    You do know that you can evict a tenant quicker on grounds of anti social behavior can you document this and go that route. Wound the neighbor help out, you would need strong evidence though. Can you get a security company to come with you while you serve notice

    The safer route is non payment since this is very clearly supported by evidence.

    Also if the OP is already into the process of terminating for rent arrears this would still remain the quicker route. With tenants like these you are almost certain to go down the tribunal / court enforcement route and the main challenge is getting there as quickly as possible to mitigate your losses.


  • #56
    Gooseygoo
    Registered Users Posts: 13 ✭Gooseygoo


    Gasherbraun wrote: »
    The safer route is non payment since this is very clearly supported by evidence.

    Also if the OP is already into the process of terminating for rent arrears this would still remain the quicker route. With tenants like these you are almost certain to go down the tribunal / court enforcement route and the main challenge is getting there as quickly as possible to mitigate your losses.
    With eviction date 1st March, any advice on whether or not to make contact with the tenant before this....regarding what her intentions are, (will she vacate?) and should I be present to take the keys from her or ask her to just close out the door....or should I lie low and see if she leaves?


  • #57
    handlemaster
    Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Gooseygoo wrote: »
    With eviction date 1st March, any advice on whether or not to make contact with the tenant before this....regarding what her intentions are, (will she vacate?) and should I be present to take the keys from her or ask her to just close out the door....or should I lie low and see if she leaves?


    I wouldn't. The tenants intentions have already been made clear.


  • #58
    the_syco
    Registered Users, Registered Users 2 Posts: 37,305 ✭✭✭✭the_syco


    Gooseygoo wrote: »
    With eviction date 1st March, any advice on whether or not to make contact with the tenant before this....regarding what her intentions are, (will she vacate?) and should I be present to take the keys from her or ask her to just close out the door....or should I lie low and see if she leaves?
    Continue the process as if she hasn't left.


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