Evicting tenants

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lyonsa3

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I was looking for some advise on my current suitation.

Tenants currently in my property for 6 months. Rent has stopped been paid and I can't get in contact with them (mobile switched off). I plan to serve them with a termination of contract notice over the weekend. What i'd like to know is what happend to the months rent deposit I recieved from them at the beginning of the lease? I legally have to give them 35 days notice for vacation of the property. Can I use this months deposit to cover that extra 35 days they are in my property? Or are they entitled to get this back (less of course and damage or outstanding bills)?

Also, can the tenants agree with myself a lesser term for vacation, say 7 days?
 
You can agree a term of one day if it suits both parties, the notice is onlt there to protect them even though they don't seem to need any protection!.

If they have reneged on their rent and there is a good chance they won't pay it when they get their notice then you are entitled to keep the deposit as that is what it's for. You may find that it won't cover all costs but at least its something and I would set a date for them to leave straight away.

I would send a letter to them stating that you will be there in person at a specific time and date tomeet them and hand them the notice in person. Do make contact with them.
 
The notice must be in writing and in the form prescribed by law, or it will be invalid.

See the PRTB website: www.prtb.ie
 
With regard mobiles switched off - Have you called around and knocked on the door? Entered for an inspection?

You can send notice if you want. But, if the rent is 28 days in arrears, they can't be contacted and have perhaps vacated? No notice is required. Tenancy is deemed terminated. Take back the house.

PRTB don't give legal advice, but your solicitor will confirm this.
 
How long does rent overdue have to be before a termination of contract notice can be issued? Is it anytime after the due date or is there a length of time it has to exceed?
 
Depends on the terms that are in the lease agreement. It is worth stipulating in tenants covenants that late payments will not be tolerated and payments over one week late will result in breach of contract and may result in termination of tennacy or something like that. The more cover you give yourself in the lease as long as its reasonable the better you can resolve problems
 
As far as I know you can't impose these conditions retrospectively - i.e. if that wasn't in the tenancy agreement you both signed you might be in breach yourself if you try to impose it now. Perhaps they're away on holiday and there is some perfectly reasonable explanation for the delay.
 
Marie said:
As far as I know you can't impose these conditions retrospectively - i.e. if that wasn't in the tenancy agreement you both signed you might be in breach yourself if you try to impose it now. Perhaps they're away on holiday and there is some perfectly reasonable explanation for the delay.
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If they are away on holiday then that is not a perfectly reasonable explanation given that they didn't inform the land lord that the rent would be delayed etc. As a tenent myself in the past I would never be so reckless and I have absolutely no respect for those that are.
 
The PRTB are worse than useless! The landlord seems to have no rights anymore once a tennant in living in a property for more than a day over six months.

If I was back again I would not be joining the PRTB.
 
You have to be registered with the PRTB in order to be allowed by revenue to claim back expenses on rental income. This is from 2006 onwards. No matter how useless you think the PRTB are it's better to have everything correct if going down the route of evicting a tenant or it could cost you dearly.
 
Anyone been through the adjudication process here. Have a hearing coming up hopefully in the not too distant future.
 
Can I use this months deposit to cover that extra 35 days they are in my property? Or are they entitled to get this back (less of course and damage or outstanding bills)?
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I assume you have a lease ? Most standard leases allow the landlord to keep the deposit to cover outstanding rent but ideally you should do you best to get the outstanding rent (you can still serve notice). The deposit is ment for ensuring the property is left in good repair: if they have nothing left to get back, they won't be concerned with the state of the property and the chances are if they weren't paying your rent they probably didn't look after the property too well. So you may need to keep some of the deposit anyway.

If I were you I would call to the house every day looking for the rent.

Good luck!!
 
NHG said:
The PRTB are worse than useless! The landlord seems to have no rights anymore once a tennant in living in a property for more than a day over six months.

If I was back again I would not be joining the PRTB.
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So given the choice you'd rather break the law?
 
Changing the locks will cost you 20k but waiting for a case will take at least 12 months to eviction. So it becomes a cost/benefit thing. Will it cost you more than 20k while you wait a year with no rent? That's the way I see it anyway. PRTB is fine in theory but when there is such a logjam of cases that's where the system falls down and fails the landlord and rewards bad tenants.

Be very careful who you rent to.

Get a good agent or check yourself bank statements and references. Don't rent to anyone unless you see standing orders going out monthly to previous landlord. I'm not racist either but I definitely do discriminate.
 
In the preamble to the PRTB Act it says the intention of the Act was to speed up the resolution process between landlords and tenants, i have a client down over 25k, lodge dan application in Nov 2006. Hearing next week.

I'd love to challenge it.
 
Stifster said:
In the preamble to the PRTB Act it says the intention of the Act was to speed up the resolution process between landlords and tenants, i have a client down over 25k, lodge dan application in Nov 2006. Hearing next week.

I'd love to challenge it.
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Here's a case detailed in an Irish Property Owner's Association newsletter earlier this year, which shows clearly the PRTB system is broken and unfit for purpose ():

REF TR24DR272/2006
The tenant on being served a notice of termination in June 2005 for non-payment of rent applied for the dispute resolution services of the Board on the 20th June 2005.
The landlord after issuing a 14 day letter to bring the rent arrears up to date and a 28 day notice of termination, when the tenant refused to leave and refused to pay any rent at all, applied for the dispute resolution services of the Board on the 6th July 2005.
An adjudication hearing was held for both cases jointly on the 7th November 2005. The adjudicator sent in his report on the 16th November 2005.
On the 9th January 2006 the adjudicator’s determination -was sent to both parties allowing 21 days to appeal the decision.
On the 18th January 2006 the same adjudicator’s determination was again issued allowing 21 days to appeal the decision.
The tenant appealed the decision on the 10th February which was outside the 21 day period allowed from the second letter.
This was considered a valid appeal by the Board on the 19th April 2006. (The Residential Tenancies Act states that an appeal can be made within 21 days so it was not within the Private Residential Tenancies Board’s jurisdiction to accept this appeal).
A tribunal hearing was held on the 19th July 2006 where both sides of the case were heard and the barrister informed the tribunal that it should not have accepted the appeal.
A determination order was issued on the 11th October 2006 twelve weeks later, stating that the tenant should vacate the property within 21 days and pay the rent owing, ignoring the late notification of appeal. The tenant did not pay any rent and has not vacated the premises.
The Board sanctioned the taking of a civil case against the tenant on 17th January and informed the landlord by telephone on the 26th but they are not enforcing their determination order.
No rent has been paid by the tenant since the 18th March 2005 and the tenant is still living in the property.
This case is tremendously worrying because it demonstrates that a tenant can live in a property for two years without paying any rent and a landlord can do nothing about it. A property owner could lose their own home because of this and it does not inspire confidence in the law. It demonstrates that the Residential Tenancies Act 2004 is ineffective and slower than the courts were previously.​
 
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