Rent arrears letter

[BrianA]

Hi All,

My tenants fell behind with rent and asked for time to pay in full, which I agreed too.
Time went on but no payment arrived, lots of promises made, lots of emails, text etc discussing payment.

I fell For their BS so now I’m starting the eviction process.

Do I still have to sever them with an arrears warning letter with the 28 days notice even though we have been in contact, came up with payment plans over the past 4 months?

Or can I go straight to the eviction notice ?

Also when they say a letter must be sent not email, can I send a letter as an attachment as I would to RTB?

Thanks in advance.

 

[DannyBoyD]

Serve formal arrears warning now by recorded delivery.
Then follow the defined process.
Do everything formally by hard copy and post; you can email as well if you wish, but the formal record is the important one.
Brace yourself for a protracted process to regain your property and make sure to do frequent inspections, giving the proper notice each time.

 

[BrianA]

Serve formal arrears warning now by recorded delivery.
Then follow the defined process.
Do everything formally by hard copy and post; you can email as well if you wish, but the formal record is the important one.
Brace yourself for a protracted process to regain your property and make sure to do frequent inspections, giving the proper notice each time.

Thanks for the feedback, will get onto that.

 

[Dr Strangelove]

I’ll be frank and recommend you engage a solicitor to guide you through this. The law is very complicated now and designed to trip landlords up. Judging by what you’ve written you are not familiar with the detail of the law and there is a big risk you get this wrong. One mistake and the whole process is invalid and you have to start again.

I know tenancy law quite well but was still happy to pay a solicitor to help me with a very simple termination of tenancy last year.

A solicitor will cost you a few hundred euros but could save you multiples of that down the road if an error means your notice of termination is invalid.

 

[time to plan]

Serve formal arrears warning now by recorded delivery.
Then follow the defined process.
Do everything formally by hard copy and post; you can email as well if you wish, but the formal record is the important one.
Brace yourself for a protracted process to regain your property and make sure to do frequent inspections, giving the proper notice each time.

You can' just give notice to inspect a property, you have to agree it with the tenant. If they ar not going to cooperate, not much you can do if you've already served notice. You can't just inspect without their agreement unless there is an emergency.

Accessing the Property for Inspection

Landlords may feel as if they are bothering the tenant when they want to do an inspection. However, it is important to point out this is your right to do so.

You have the right to carry out inspections of your property, however, you must get the tenants consent to carry out the inspection and you should give them reasonable notice. You cannot let yourself into the property without the tenant’s permission or without the tenant knowing about the visit in advance. While the landlord owns the property, tenants have rights to fair and quiet use of the property. That prevents the landlord from being able to enter at any time they want to.

You must agree a time and date with the tenant. We suggest that you do this in writing. Inspections can be done with or without the tenant at home – again by agreement.

Landlords can let themselves into a property but only in an emergency, such as if a fire breaks out.


Can a tenant refuse the inspection?

While a tenant is allowed to request a different date and time than what was originally scheduled for the inspection, they cannot outright refuse to let you inspect your property.

If the tenant continually refuses access to the property or does not respond to requests, they are in breach of their obligations.

In such instances, you should first write to the tenant, outlining the breach of their responsibility (in this case, not allowing an inspection), outlining the consequences if the breach continues. Offer some possible dates to carry out the inspection, if these dates are not agreeable ask them to confirm a suitable date and time within a reasonable time frame. If no date for access is given within the reasonable period given – a 28-day notice of termination for breach of tenant responsibilities can be issued.

It is recommended that all correspondence, including texts, between you and the tenant, are retained as a record.

https://ipoa.ie/mid-tenancy-periodi... have the right to,about the visit in advance.

 

[DannyBoyD]

When disputes such as rent arrears happen, human nature is to avoid conflict & property owners shy away from inspections. However, this is precisely the time you need to step up on your inspections.

No one suggested accessing the property without consent.

Such consent cannot reasonably be withheld; as per your copy and paste above, if necessary it can be another ground for eviction.

 

[BrianA]

When disputes such as rent arrears happen, human nature is to avoid conflict & property owners shy away from inspections. However, this is precisely the time you need to step up on your inspections.

No one suggested accessing the property without consent.

Such consent cannot reasonably be withheld; as per your copy and paste above, if necessary it can be another ground for eviction.

I’ll be frank and recommend you engage a solicitor to guide you through this. The law is very complicated now and designed to trip landlords up. Judging by what you’ve written you are not familiar with the detail of the law and there is a big risk you get this wrong. One mistake and the whole process is invalid and you have to start again.

I know tenancy law quite well but was still happy to pay a solicitor to help me with a very simple termination of tenancy last year.

A solicitor will cost you a few hundred euros but could save you multiples of that down the road if an error means your notice of termination is invalid.

I’ll be frank and recommend you engage a solicitor to guide you through this. The law is very complicated now and designed to trip landlords up. Judging by what you’ve written you are not familiar with the detail of the law and there is a big risk you get this wrong. One mistake and the whole process is invalid and you have to start again.

I know tenancy law quite well but was still happy to pay a solicitor to help me with a very simple termination of tenancy last year.

A solicitor will cost you a few hundred euros but could save you multiples of that down the road if an error means your notice of termination is invalid.

Any solicitors in this area you would recommend?

 

[BrianA]

When disputes such as rent arrears happen, human nature is to avoid conflict & property owners shy away from inspections. However, this is precisely the time you need to step up on your inspections.

No one suggested accessing the property without consent.

Such consent cannot reasonably be withheld; as per your copy and paste above, if necessary it can be another ground for eviction.

I’m trying to get an inspection but they never seem to be there and don’t reply to any emails etc.
My next step is looking into emergency inspection and what can be done.