How to (legally) enter a rented house where theres no sign of tenant

S

sam h

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Hi,

We have a rented house & the tenant has fallen behind in rent by 1.5 months at this stage. They are foreign (hold up, relevance below) & the guys work in the construction industry.

My last correspondance was over a week ago via text where she promised they would sort out the rent in the next day or two. Since then, I have heard nothing. I have called to the house several times and never anyone there (there used to be almost always someone there as there is a baby in the house). I decided yesterdayu to serve them notice & again nobody there. I've noticed in the last few days that the curtains & blinds seem to be in the same position. Called again today & post not collected from yesterday. There is no answer to my texts or calls (she always got back to me same day).

I worried they have gone back home to their own country or to somewhere else there is work. I would obviously prefer to get the property back on the market if this is the case & write off the rent due. I don't want to have to sit back for the next 42 days with a vacant property, so hence my question.....is there a way to legally enter the property?

Could I send a text and leave a letter to say I need to admit myself to the property at a certain time & day. I don't want to risk affecting the legal notice period. I can't even see in the window as the blind is down.
 
Yes I do.

I know I can entry, with notice, for essential repairs, but there is nothing that needs to be done.
 
sam h said:
Hi,

We have a rented house & the tenant has fallen behind in rent by 1.5 months at this stage. They are foreign (hold up, relevance below) & the guys work in the construction industry.

My last correspondance was over a week ago via text where she promised they would sort out the rent in the next day or two. Since then, I have heard nothing. I have called to the house several times and never anyone there (there used to be almost always someone there as there is a baby in the house). I decided yesterdayu to serve them notice & again nobody there. I've noticed in the last few days that the curtains & blinds seem to be in the same position. Called again today & post not collected from yesterday. There is no answer to my texts or calls (she always got back to me same day).

I worried they have gone back home to their own country or to somewhere else there is work. I would obviously prefer to get the property back on the market if this is the case & write off the rent due. I don't want to have to sit back for the next 42 days with a vacant property, so hence my question.....is there a way to legally enter the property?

Could I send a text and leave a letter to say I need to admit myself to the property at a certain time & day. I don't want to risk affecting the legal notice period. I can't even see in the window as the blind is down.
Click to expand...

Hi, it seems you have made reasonable attempts to contact them, and if it were my property i would enter the property regardless of the legalities.
 
Write again, giving 48 hours written notice of your intention to enter the property and the reason, be specific about the time and date. Tell them the boiler is due it's annual check or something. I sometimes include the line "there is no need for you to be present as we have a key but should you wish to reschedule for a time of your convenience do call me on the number below to arrange".
 
OH called down this evening & had a look at the back....notice a window wide open so had a look in the window. Place cleared out !!

Decided to let ourselves in (well, it might have been a break in) & they are definately gone....nothing in the wardrobes, beds stripped etc.

Anyone know where I stand....am I legally allowed go ahead & clear out the place, change the locks etc? Don't want to call the PRTB as they tend to be so coy, they'd probably tell me I have to wait for the full 42 days to laspe before I do anything !!!
 
Change locks immediately and clear the place out.

If they are definitely gone you need to claim back possession.

You have lost enough in 1.5 months rent already.
 
sam h said:
OH called down this evening & had a look at the back....notice a window wide open so had a look in the window. Place cleared out !!

Decided to let ourselves in (well, it might have been a break in) & they are definately gone....nothing in the wardrobes, beds stripped etc.

Anyone know where I stand....am I legally allowed go ahead & clear out the place, change the locks etc? Don't want to call the PRTB as they tend to be so coy, they'd probably tell me I have to wait for the full 42 days to laspe before I do anything !!!
Click to expand...

if you suspect a brak in, suggest you tell the gardaí and they might advise you to change the locks anyway,
 
Caution. In somewhat similar circs (belongings left in house though tenant appeared to have left) an acquaintance went in and changed the locks.
The next thing the tenant reappeared - letters to landlord from Threshold, SVDP, PRTB. Followed by a call to a PRTB hearing to face a massive claim for damages, removal of allegedly very valuable goods etc etc. When we read previous PRTB cases it followed a pattern of other cases exactly and in these other cases the tenant had got significant damages against the landlord. I don't know how the case finished.

All I would say is that the odds seem to be stacked against the landlord - what you suggest seems to be the only practical solution but the PRTB don't seem to be reasonable.

I would suggest that you take photos of the house and interior - get an independent 3rd party to give an objective statement - maybe even inquire with the gardai. All this might help if you eventually find out that you are being set up for a claim for unlawful eviction.
 
Any use ? I underlined the relevant piece.

http://www.prtb.ie/act.htm states;

Sections 37 and 194 - Deemed Termination of Tenancies
The following is a general note for guidance only and individual circumstances of particular cases may vary.
If the tenant serves notice of intention to terminate that is not the required amount in the required manner and moves out at a time when the rent has run out, the tenancy is deemed terminated. If the tenant does not serve any notice of intention to terminate but moves out, then, at a time when the rent is 28 days in arrears, the tenancy is deemed terminated. In these circumstances the landlord is entitled to recover possession of the dwelling even if the tenant has left some belongings behind. However, the tenant remains liable to pay rent for the correct period of notice that should have been given.
 
Thanks for all of the above.

Twofor1 - my problem is how we are ment to "know" they have moved out. Maybe I'll go in tomorrow with a friend & take laods of photos....I really don;t think I should waste Gardai time with something like this.

Putsch - this is my nightmare, but I do think it's different. They have pretty much cleared the place.....no food, clothes, toiletries etc. Few odd bits about like photoalbum, jewellery (looks cheap), broken toys; but the house is 99% empty. Will hold onto the stuff for a few weeks while I fix it up.....didn't look for damage - just wanted to see if it was vacant or not.

Will live with the lose of rent (not worth chasing...have the deposit so loss not to substansial). Just want to make sure we don;t end up in an "ex-tenants from hell" situation. Pre PRTB, I would have reckoned I was fine to change locks, clear out etc....you just never know these days !!

Camera & marigolds at the ready!
 
In case it's a scam (as Putch said), take pictures and you take a case against the tenants to the PRTB so you get in first. Just to be sure........
 
For future reference give written warnings about rent. You can also inspect the property without the need of repairs and you should write it in to your contracts that they can take place with 24 hours notice. You don't have to do inspections but it provides you with a reason for entry.
 
twofor1 said:
Sections 37 and 194 - Deemed Termination of Tenancies
The following is a general note for guidance only and individual circumstances of particular cases may vary.
If the tenant serves notice of intention to terminate that is not the required amount in the required manner and moves out at a time when the rent has run out, the tenancy is deemed terminated. If the tenant does not serve any notice of intention to terminate but moves out, then, at a time when the rent is 28 days in arrears, the tenancy is deemed terminated. In these circumstances the landlord is entitled to recover possession of the dwelling even if the tenant has left some belongings behind. .
Click to expand...


What can be done with the belongings left behind? Do you have to hold them for a specific time period or can they be sold immediately to repay the rent arrears?
 
I sent a text to say they could collect items left at the house (mostly junk), but they never replied (I did this to make sure I'd be covered & not seen to be holding their property in lieu of rent, which I understand is not legal). I waited about 2 weeks (was busy doing things in the house) but I have to get the property back on the market so I've dumped the stuff (at my own cost!!) Found out that they had taken the ESB out of their name last November.

I didn't try to sell anything as it all appeared to be junk & wasn't worth the hassle of the few quid I'd have gotten. But I did hear that some of them had been around the house last week but the locks have been changed.

Stacks of mail coming in that I reckon are bills. Most of the names aren't even one that were on the tenancy!! My arm is sore from doing "No longer at this address"
I also emailed the PRTB to get my side on record.
 
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