Tenant won't move out

Whats the best coarse of action when you serve notice on tenant for non payment of rent and after 28 days they T still refuses to move out 'because they cant find anywhere else'. Call guards, move in yourself, contact solicitor, prtb?

take a day off work and change the locks?

Is that lawfull? What do you do with his contents-arrange a meeting for him to collect them?Im tempted to give a couple of more weeks cause I think there might be a newly born baby in the house, irrelevant I know but only if arrears are paid.

Well I think it might be up to you. If you want to show compassion for a new born baby then fair play but you may want to back date all of this unpaid rent. Ask him his situation instead of just assuming there is a baby.

Estate agent called him again seems bit cheeky saying I can sue him if he likes etc and that he has squatters rights. Id have no guarentees that he will move out the end of Sep.He siad I can keep entire security desposit if I let him stay.Confused. Im gona think about it and call him myself later.

How often has he missed rent? if your losing money then its not a good deal for you. I'm sure he does have squatters rights but you have rights too. He only has squatters rights when he's in the house....

Go across and meet them yourself - don't arrange an appointment just arrive - easy be brave & mouthy on a phone - different face to face - and you will know exactly what is really going on (whether you like it or not).

I don't trust estate agents - they don't really care who they let into properties as long as they get their fee! I have a few rental properties and thankfully have no problems because as soon as one arises I sort it out immediately.

They might even turn out to be the best tennants you will ever have - have an open mind going to meet them. Be firm in whatever you decide to do. Remember we all go through tough patches at times.

Best of Luck.

He isn't paying rent and you're not a registered charity.

Evict him.

Go and see a solicitor.

rkeane said:

I'm sure he does have squatters rights but you have rights too. He only has squatters rights when he's in the house....

Click to expand...

as far as i know you cannot claim squatters rights if you have ever paid rents, if you pay rent even once it voids your entitlements to squatters rights

Whatever you do, do not "move in yourself" or change the locks, or it may be an expensive lesson in how to illegally evict someone.

Have you approached the PRTB about this matter?

You definitely need to contact the PRTB, it would have been a good idea when you served the 28 days notice on the tenant.

You cannot 'evict' him physically yourself either by changing the locks or ejecting him. Read some of the disputes on the PRTB website - this will give you some idea of the penalties involved should a landlord act illegally.

The Gardai will not get involved as it's a civil matter unless there is a risk of personal injury to you, i.e. the tenant attacks you when you arrive at the property.

Agree with NHG - go an talk to the tenant in a calm manner and find out first hand what the problem is. If you're afraid of him, take someone with you. Talk to the PRTB first to find out where you stand legally.

He has no squatters rights and if he's in trouble and can't pay the rent, perhaps he should seek assistance from Social Welfare.

Thank you all for your helpfull advise. He is already being assisted by Social Welfare and its the difference he is not paying. I contacted him this am and listened to what he said. He said he has secured a place for the end of Sep. and practically begged me to let him stay,different tune than what he had yesterday with Estate A.I agreed to save me legal and financial hassle. Im writting up another agreement he has to sign to say I am extendening his notice. I contacted the Social W they confirmed that he was in contact about another address so at least I know he wasnt telling fibs about another residence.Lesson learnt here agian.
Thanks all again.

Depending on the length of time that he has been in the house, 28 days may not have been enough notice:

Less than 6 months 28 days

6 or more months 35 days
but less than 1 year

1 year or more 42 days
but less than 2 years

2 years or more 56 days
but less than 3 years

3 years or more 84 days
but less than 4 years

4 or more years 112 days

Click to expand...

Just to point out that your full obligations under the law may not have been met and he may have a case against you if it were to go to court

gearoidmm said:

Just to point out that your full obligations under the law may not have been met and he may have a case against you if it were to go to court

Click to expand...

If the tenant breaches the tenancy agreement, by non-payment of rent in this case, the following applies:

"Shorter notice periods apply where termination for noncompliance with tenancy obligations (7 days for serious anti-social behaviour, 28 days for other breaches)".

Therefore the 28 day notice was correct.

Sorry - completely right

hmmm said:

Whatever you do, do not "move in yourself" or change the locks, or it may be an expensive lesson in how to illegally evict someone.

Click to expand...

I would have. Get 3 mates and show him and his stuff the door. Do you really think he would have taken you to court?

liamwoods said:

I would have. Get 3 mates and show him and his stuff the door. Do you really think he would have taken you to court?

Click to expand...

All he would have to do is call the gardai. Social Welfare would probably be involved too as they'd have nowhere to go.

liamwoods said:

I would have. Get 3 mates and show him and his stuff the door. Do you really think he would have taken you to court?

Click to expand...

This is a totally irresponsible piece of advice.

The tenant doesn't have to take the landlord to court - all he has to do is lodge a complaint with the PRTB and, if the above mentioned method of removal was used, they will duly rule in his favour.

The landlord will have to pay damages for emotional distress etc. and the cost of alternative rental accommodation for the tenant.

[broken link removed] - it's a very expensive, never mind illegal, course of action to take.

I had the same situation earlier this week. If the tenant moved in before September 2004, they have the right to 56 days notice in writing.
If you wrote them re. non-payment of rent and they still have not paid after a period of 14 days, this changes things.

I spoke to Threshold. They gave me very sound advice. I would advise that you give them a shout.

Cheers,
PK.