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03-12-2019, 19:29   #16
The_Conductor
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I am in agreement but RTB say 28days notice and hope they leave. I didn’t think I’d need to give him notice. The place is a pigsty and all I want to do is get him out and sort it out.
If the RTB have advised this- do not go against their advice, as if it ever ends up in front of them, it'll go against you. Even if its a month or two without rent- its worth it to get shot of the messy pig.
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03-12-2019, 19:29   #17
Samuel T. Cogley
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I am in agreement but RTB say 28days notice and hope they leave. I didn’t think I’d need to give him notice. The place is a pigsty and all I want to do is get him out and sort it out.

Ignore what some Clerical Officer at the RTB is telling you and speak to a solicitor that knows this area.
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03-12-2019, 19:32   #18
itsthisyear
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If the RTB have advised this- do not go against their advice, as if it ever ends up in front of them, it'll go against you. Even if its a month or two without rent- its worth it to get shot of the messy pig.
True. It’s just frustrating. I walk into a shop and take €600 telly - what happens? I’m arrested. I go and move into a house and refuse to pay rent - what happens? SFA 😡
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03-12-2019, 19:33   #19
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Does the tenancy agreement mention subletting ??
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03-12-2019, 19:43   #20
itsthisyear
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Does the tenancy agreement mention subletting ??
Yes, subletting is not permitted. Doesn’t seem to be worth the paper it’s written on.
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03-12-2019, 20:29   #21
Browney7
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Does person there at the minute have your bank details or are they refusing contact or are they paying the lead tenant in Canada? Get a solicitor as already advised. Messy situation.

Also, are you renting entire property or room by room basis?
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03-12-2019, 23:03   #22
itsthisyear
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Does person there at the minute have your bank details or are they refusing contact or are they paying the lead tenant in Canada? Get a solicitor as already advised. Messy situation.

Also, are you renting entire property or room by room basis?
No, no bank details. They only rented the room.
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04-12-2019, 11:43   #23
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Are there other tenants in the house?
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04-12-2019, 12:44   #24
itsthisyear
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Are there other tenants in the house?
Nope. Just the lonely sole!
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04-12-2019, 13:31   #25
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Nope. Just the lonely sole!
Was it a subletting or an assignment? Did you take rent from the person after the previous tenant had gone?
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04-12-2019, 13:38   #26
itsthisyear
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Was it a subletting or an assignment? Did you take rent from the person after the previous tenant had gone?
Subletting I think! No money has changed hands. The apt was rented as a unit to the original tenant and I want to now let it again as a unit but because of this situation I can’t.
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04-12-2019, 13:44   #27
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I don’t know about others, but I’m struggling to follow what you are posting op.

How many tenants are in the apartment now? How many rooms/tenants are there? You said non paying tenant was paying rent to lead tenant, who sub let to this person, but you now seem to be saying that the non paying person is the only person there. What is the situation? Did the original lead tenant assign the lease to the new guy, or did he sub let and is continuing to pay his rent?
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04-12-2019, 13:50   #28
Claw Hammer
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Subletting I think! No money has changed hands. The apt was rented as a unit to the original tenant and I want to now let it again as a unit but because of this situation I can’t.
Were the two people ever there simultaneously?
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04-12-2019, 14:17   #29
The_Conductor
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How are you renting the unit by bedroom if the previous tenant was the only occupant?
I mean, you could do it- it just wouldn't make any sense to do so- as you're forfeiting the opportunity to let the unit as a whole...…….?

Either way- money has not changed hands- you need to advise the guy (or girl) that they are trespassing and have to vacate the premises.

I would also strongly advocate taking a case against the tenant who was legitimately there and gave this person the keys to the place.

You *need* to notify them immediately, in writing, to vacate the unit.

They are neither tenant nor licensee- and have not paid any rent (whatsoever) so they are trespassing. Don't get mixed up on 'giving them notice' etc- they have no rights whatsoever, including no right of notice- and need to be gotten out of there.

The tenant who gave them the key was a right stronzo for doing so- and should have a case taken against them.
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04-12-2019, 21:03   #30
itsthisyear
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I don’t know about others, but I’m struggling to follow what you are posting op.

How many tenants are in the apartment now? How many rooms/tenants are there? You said non paying tenant was paying rent to lead tenant, who sub let to this person, but you now seem to be saying that the non paying person is the only person there. What is the situation? Did the original lead tenant assign the lease to the new guy, or did he sub let and is continuing to pay his rent?
There was a lot of questions that I was answering. I really just wanted to know if someone refused to pay for their accommodation can they be identified somewhere. It went off into a saga :-) I’ve got my answer anyway and engaged with a solicitor today. The joys of being an accidental landlord! Thanks all for guidance.
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