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Nightmare Tenants

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    #32
    AWKYBAWK1
    Registered Users Posts: 11 ✭AWKYBAWK1


    beauf wrote: »
    How long did it take the last time on the ptrb records

    Unfortunately it does not give that kind of information it just says the names and what the judgement against them was for


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    #33
    Gmaximum
    Registered Users Posts: 373 ✭✭Gmaximum


    AWKYBAWK1 wrote: »
    Hi I really appreciate your input . Can I not go for all with PRTB as in anti social rent arrears overholding and breaking of tenant obligations once I have submitted notice on all. How long did the process take from start to finish. I just found out my pair have a previous judgement agsinst them on PRTB website for all of the above

    No reason you can’t but it’s potentially going to result on a longer hearing with more evidence etc than a simple arrears issue. As a previous poster siad it’s unlikely you’ll get witnesses for the anti social behavior


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    #34
    AWKYBAWK1
    Registered Users Posts: 11 ✭AWKYBAWK1


    GGTrek wrote: »
    Only raise RTB dispute now if either your neighbour or the garda (or better both) are willing to come as witnesses to the hearing. If both are willing to give you asap a sworn statement of facts you can still raise the dispute. If they chicken out, as most do when they have to put their neck out, then serve all the warnings and notices I told you and wait for the 28 days. You have to understand that by the time of the hearing all the termination notices will be served and the 28 days no part 4 notice will have expired already. If you manage to prove anti social behaviour, the adjudicator will give the criminal just 7 days to leave, otherwise with the other notices he/she will probably give another 28-42 days to leave.

    Most important: have you served the notices in the correct format, in person and with a witness countersigning willing to come to the RTB hearing? DO you have any photographic evidence of service of the notices? Like gluing it at the front door and taking photos?

    I have had two inherited anti social tenants (long gone) but your level is much worse, but on the other side your tenant is also very stupid because he stopped paying rent and he performed his antics in the first 6 months. Neighbours complain but when you ask for help to solve the problem they say they do not want hassle! If your neighbour is of this kind then don't stress out too much for him/her: just another coward hypocrite (plenty in life).

    For all the other info you are asking, please PM me.

    Hi you are a mine of information and I am grateful. I did hand deliver the notices and my brother came with me and took a photo of me putting them through the letterbox he did not however countersign them but would of course be willing to go to the hearing. I did also express deliver and register both and have receipts which when tracked say delivered.

    Just to clarify on the notices:

    1. I have put in anti social notice and they have refused to leave on that
    2. I have put in 28 day notice which will expire on 15 April and after that date I will register dispute and submit 14 day notice to get rent up to date
    3. After 14 days are up I issue 28 day notice to quit based on non payment of rent
    4. I then request that I be able to go in and inspect property and when they don't give me access I then put in 28 day notice for tenant not fulfilling obligation
    5. I then put in enormous detail about all of the above on the PRTB portal and hope I can prove anti social as well as all others so they will be given less time.

    Just to clarify they have never paid any of their part of the rent to me or to haps so I am now getting absolutely nothing. The council had categorically told me that their haps payment was being taken at source so that they could not get into arrears on hap which you guessed it turned out to be untrue as they only had to change the name of the person in receipt of the social welfare from her name to his for that to be void


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    #35
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    AWKYBAWK1 wrote: »
    Hi you are a mine of information and I am grateful. I did hand deliver the notices and my brother came with me and took a photo of me putting them through the letterbox he did not however countersign them but would of course be willing to go to the hearing. I did also express deliver and register both and have receipts which when tracked say delivered.
    You are fine if An Post says it has been delivered, you should put this evidence in the submission.

    AWKYBAWK1 wrote: »
    Just to clarify on the notices:

    1. I have put in anti social notice and they have refused to leave on that
    2. I have put in 28 day notice which will expire on 15 April and after that date I will register dispute and submit 14 day notice to get rent up to date
    3. After 14 days are up I issue 28 day notice to quit based on non payment of rent
    4. I then request that I be able to go in and inspect property and when they don't give me access I then put in 28 day notice for tenant not fulfilling obligation
    5. I then put in enormous detail about all of the above on the PRTB portal and hope I can prove anti social as well as all others so they will be given less time.
    Point 2, you submit 14 days notice to get rent up to date NOW (with witness). This the warning notice, together with the termination notice from RTB:
    https://onestopshop.rtb.ie/images/uploads/general/Sample_Notice_of_Termination_-_rent-arrears-not_(Nov_2017).docx
    After 15 days you serve the termination notice for rent arrears. Leave one or two days more always, same with the termination notices, you have to be careful on how you calculate since the notice period calculation always starts from the day after you serve the notice. For a 28 days notice you should leave 29 or 30 days.
    Point 3 is fine subject to revised point 2
    Point 4, you submit 14 days warning notice of inspection NOW (with witness). This the warning notice for refusal of inspection, together with the termination notice from RTB:
    https://onestopshop.rtb.ie/images/uploads/Disputes/Sample%20Notice%20of%20Termination%20-%20breach-of-tenant-obligations.docx
    Point 5 is fine


    You will have to be very methodical and brutal (this is what the Irish law pretends from the landlord) if you want to get the criminal out. With the kind of tenant you have I fear you will have no space for agreements or mediations, you will have to stick strictly to the timeframes of the law and slowly grind it through.


    AWKYBAWK1 wrote: »
    Just to clarify they have never paid any of their part of the rent to me or to haps so I am now getting absolutely nothing. The council had categorically told me that their haps payment was being taken at source so that they could not get into arrears on hap which you guessed it turned out to be untrue as they only had to change the name of the person in receipt of the social welfare from her name to his for that to be void
    Please put your experience with the council in reply to the do-gooders (or worse interested parties) in the threads about HAP that seem to spring up so frequently lately in this forum. I am always suspicious of the left(now they called themselves "progressives":D) interference in this forum to further their ideological goals.


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    #36
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    As above, anti social behaviour is not the easiest way to go. Hard to prove, even with the ARU.

    I had a lovely couple who started having domestic violence problems a few months in. I gave notice, and also gave them a damages bill and started aggressively pursuing them for it with solicitor. (They tore doors down, smashed appliances through the walls etc). If they understand you know your own rights as well as they know theirs, they are more likely to go.


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    #37
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Gmaximum wrote: »
    Absolutely engage with them down the line for hearings appeals etc, the guidance is pretty clear for beach of obligations around non payment of rent and the sample notices are freely a available

    People make mistakes, even solicitors and it can be costly. I have seen people make mistakes with calculating the number of days, proof of service etc. For a first-timer in a sticky situation, upset by the whole process, there is a significant chance of a mistake.


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    #38
    [Deleted User]
    Posts: 2,799 ✭✭✭ [Deleted User]


    <SNIP>


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    #39
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Keep the suggestions legal.


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    #40
    airy fairy
    Registered Users Posts: 1,101 ✭✭✭airy fairy


    You have my sympathies.
    Do everything by the law, with a solicitor.
    Prepare for a wait.
    You will eventually get your house back, but less possibly a year of no rent and a solicitor and a barrister bill to boot.
    But you will have your house back, eventually.
    As I said, do EVERYTHING through a solicitor.
    Don't deliver any more letters or make calls or texts. Let the solicitor do everything.


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