advice re tenant not paying rent

B

Blarney

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I entered into a 1 year term with my tenant in March of this year. All was fine until 4 weeks ago when he texted me to see could he break the lease as he had got another house from a friend. I agreed to this but subject to him staying a few weeks to show potantial new tenants the property to which he agreed. However he then stopped paying the rent. I managed to get him the second week or non payment and he made an excuse and said the 2 weeks would be paid together. Following that I could no longer get an answer from any other his phone no's. 3 weeks have gone by without payment of rent and I got a text from him last Thursday to say I could take the rent out of the deposit and he would move out today. I have rang his phone umpteen times, left messages e.t.c. but no reply. I am going to the house tomorrow to see if he is there or gone. If there is no sign of life and it looks like he has moved can I go into the house? If I go in and find damage of whatever description do I take photos or report it to the Gardai or what would u suggest? From the PRTB website it looks like if there is damage and he is gone it has to be a claim thru the small claims court.
The deposit will cover the rent but not any damage if any is done. Is there a risk that if I go in and their is damage that he could claim I did it by going in there?
Can I go in there since he has said he has moved out?

Any advice or suggestion welcome.

Thanks
 
First off, don't be worrying about damage that may not (and probably does not) even existent.

If you have texts from him to prove he said he'd be leaving on a certain day and there's no sign of life, then go ahead and check the place over.

If he's gone, count your lucky stars and move on.
 
You should also visit your property regularly to see that a tenant is causing no damage, with the tenant's permission.
 
Hi Murphaph and Bronte
Got access to the property today and there is damage done alright. One of the toilets has a crack in it, dont know what they did. A new matress I got in March of this year is destroyed. Their are dirty nappies thrown under the bed. The walls have been half painted. A load of rubbish has been thrown at the side of the house. The oil tank lid was off so water is in it now and I have no idea what damage that will cause. And I'm sure their is more I havent found yet.

I'm really angry about it so I am going to go legal tomorrow, possibly thru the small claims court. Only thrum card I have at the moment is I know where he works and its in the public sector so i reckon it wouldnt look good for him to be going to court.

Any suggestions or advice would be really welcome.
Thanks
blarney
 
Sorry for your troubles.

The small claims court is not available to you as it is for disputes between consumers and suppliers.

The oil will not mix with the water. The water should sink leaving the kerosene on top. It is (presumably) red if it's kerosene so just open the bottom drain valve on the tank until it runs red ;-) that's your water out.

As for painting, repainting is par for the course in house rentals so it's not soooo bad.

The rubbish at the side is going to cost maybe 150 quid for a skip plus your time and the mattress another hundred (don't spend any more than that on a mattress for a rental) so you're gonna be down 250 quid in real money. Pick up a used white toilet from Dublin Waste foc.

It's not what you want to hear Blarney but suck it up, shell out the cash and get the property let again asap. Don't waste your money going legal-it's good money after bad tbh and for what is a relatively small sum it's just not worth it mate. Let it go and put it down to experience.

Some people find their house with hammer holes in every wall and with broken windows etc. (thousands) so put it in perspective and be glad these filthy scumbags are gone from your life.
 
+1 great advice!

We spent thousands out of anger and frustration at the system pursuing a tenant who didn't pay rent for months and trashed the house when he left. All we were able to recover was the court costs for the eviction order and bailiff costs.

IMHO it's not worth pursuing, but there should be something akin to a credit rating agency where landlords can get information on prospective tenants who have clearly defaulted on rental payments and caused damage in the past.

If you default on credit card payments or mortgage payments, the credit card company or bank will register the late or non-payment with the various credit rating agencies, making it more difficult to obtain credit in the future. Would a landlord, as a small business, also be able to report non-payment of rent to these agencies and to ask for credit rating information on an individual?
 
You should take a case against your tenant to the PRTB. I assume the tenancy was registered with them.
 
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