Advice on tenant issues

flattea2

Registered User
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Hi

Appreciate some advice. First time landlord due to needing to move for family reasons (negative equity means selling is not an option).

A girl has moved in since about March. Situation so far:

• She has made some alterations to the apartment. Although minor I asked her to stop but she has continued with one or two.
• She has a small dog in the apartment (only found out today). This was forbidden on the lease and I am not happy due to the apartment having hardwood floors and tiles elsewhere throughout.
• She has been consistently late with the rent (by a couple days) and I need to remind her almost every month. Otherwise all rent and a deposit has been paid.
• She did not pay the esb the first month and they cut her off. This resulted in a broken water pump which we repaired at our own cost.
• A neighbour has complained to the management company about late night noise. It appears she talks loudly on the balcony into her phone at night, and there is occasional music playing. It does not appear that she has house parties per se. The mgmt company have written to her, I am going to hold fire on speaking to her for the moment to see if she reacts positively to it. I have my doubts about this neighbour though – I know from experience that he is very fussy.
• Her English is not good and just about passable. But I feel it’s particularly not good when it suits her.

The apt was given to her in excellent condition, painted, cleaned etc. It’s furnished to a high spec. There would be good rental demand in the area although the area is not ‘salubrious’. We could afford to leave it empty but not for long.

My style is generally lassiez faire. She pays the rent and she is entitled to peaceful enjoyment of the place. I am concerned though that the above is displaying a trend of increasingly ‘downwards’ behaviour.

I have asked her for an apartment inspection next week. I feel it will not go well because I am not happy at all with this dog and I dread to think what else she has altered in the apartment. I am concerned as well that she may decide to have company with her for the inspection. This is intimidating for me.

Can anyone just give your opinion if you’ve had any similar experiences and how you would deal with it.
 
So have company with you then! If you wanted her out and she had breached the terms of the lease surely there would be no problem with this. After all the management company probably doesn't allow dogs either and they "may" have been complaining to you as the owner.
 
So have company with you then! If you wanted her out and she had breached the terms of the lease surely there would be no problem with this. After all the management company probably doesn't allow dogs either and they "may" have been complaining to you as the owner.

Yeah I'll have company with me.

Pets etc are allowed in the complex, just forbidden on the lease we signed with her.

I am trying to balance the hassle of throwing her out against the risk/reward for letting her finish the lease.
 
You have 6 weeks before she acquires a whole load of rights under Part IV tenancy law. You need to get her out fast. If someone will breach a lease so readily and so early it is a really bad sign of trouble to come. Short term pain for you but ultimately long term gain.
 
As a landlord, I'd advise that you get her out legally asap.
I've learned to act hard and fast in these circumstances.

Loss of rent must be considered but I guarantee she will cost you more if she remains, especially when you reach the point that you have to redecorate the appartment.

Bring male company with you for the inspection.
 
have you wriiten into the lease that she cannot alter anything without your permission or have a pets?

Are u registered with the the PRTB?
 
have you wriiten into the lease that she cannot alter anything without your permission or have a pets?

Are u registered with the the PRTB?

Yes and yes.

I spoke to her. She said she wasn't making noise so its one persons word against the other. I am not overly concerned about this aspect to it all for the moment.

I am meeting her next week and I am going to tell her the pet needs to go. If she leaves she leaves.

And I will never let it through a letting agency again. That's been the biggest lesson of all.
 
Just serve her with a Notice of termination as she has broken the terms of the lease by having a pet in the property. The notice period is 28 days. You need to do this before she acquires Part 4 rights (which come into effect once she has been in occupation for six months.

As it is a fixed term agreement and part 4 rights have not commenced, you do not need to give her any pre-advice (i.e. no warning letter required) as is required in the case of rent arrears.
 
Just serve her with a Notice of termination as she has broken the terms of the lease by having a pet in the property. The notice period is 28 days. You need to do this before she acquires Part 4 rights (which come into effect once she has been in occupation for six months.

As it is a fixed term agreement and part 4 rights have not commenced, you do not need to give her any pre-advice (i.e. no warning letter required) as is required in the case of rent arrears.

I agree 100%. OP do not let this tenant acquire Part IV rights, you will regret it. Act now, short term pain but definitely long term gain. I say this as a landlord.
 
Of course, giving 28 days notice doesn't mean you'll get vacant possession for months to come - nor compensation for the many months lost rent.
 
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