Agent illegally evicted tenant in my apartment.

[anntionette]

Hi just got a shock today. I have an apartment in Dublin. And as I am resident outside of Ireland, have a property manager (not a company just a guy who manages property for landlords) he has managed it for about 3 years now. Usually he finds the tenants, collects the rents and deals completely with the tenants and any problems. This tenant is on the HAP scheme, so i spoke to him over the phone and email as i needed to fill in a part of the form but we've never met. The HAP paid a deposit for him and 2 months rent but no lease was signed. Tenancy had as yet not been registered with RTB (so still in previous tenants name) So HAP tenant in occupancy for 3/4 months.

But the Hap team couldn't move forward with the scheme as he wouldn't or couldn't pass on the full required paperwork they needed. So no further rent has been paid nor will there be.

SO property manager gave him the required days notice and then on the notice date or day after turned up to escort him out, packed his belongings and dropped them to an address the tenant gave him and immediately moved a family in! So obviously tenant emails me very upset and tells me what happened. He said hes going to threshold, (i sent him my number for threshold to call me), and says he can sue me for distress and anxiety. I'm now terrified if this goes to RTB that i will have go to court, have a massive penalty bill to pay or worse go to prison! Im not so much worried about him not being registered at time of eviction as I always been Tax and RTB compliant but with the pandemic I let lots of paperwork slide as i have small children. And now with them back at school this week i was picking it up.

How do I resolve this bar kicking a family out and putting an nonpaying tenant back in?. Will i be summoned back to Ireland for a case? how soon might that be? The manager will be useless. He said he'll take all the flack. But will he? I'm pretty sure the landlords the one who will get punished not their agent. Am I right? I want to offer the tenant money for the distress caused but everyone is saying thats admitting fault. But i do feel sorry for him. He is now in a hostel. He has a job or had one a few months ago.

Does anyone have any experience of this? Are there grounds for a landlord not being held responsible for an agents actions? Thanks in advance for any help or advice... Im getting more depressed by the minute.

 

[Thirsty]

IANAL

Do I have this right?

1 You have a new tenant who took up occupancy in May 2020
2 Tenant has not paid rent for the last two months.
3 Your agent gave him the correct notice for non-payment of rent and ensured tenant left the property.
4 Your agent re-let the property.

 

[Páid]

SO property manager gave him the required days notice and then on the notice date or day after turned up to escort him out, packed his belongings and dropped them to an address the tenant gave him and immediately moved a family in!

The agent is not required to drop the tenant anywhere but it seems to me that the tenant left of their own free will. They were given correct notice and had an opportunity to find a new place.

I would not be offering them money. The tenant should be paying you the rent owed to you.

 

[EO2020]

Left of their own free will?
OP says "then on the notice date or day after turned up to escort him out, packed his belongings and dropped them to an address the tenant gave him and immediately moved a family in! "

If the agent entered the property, packed the belongings of the tenant and physically took them away from the property, that hardly seems like thgeir own free will?
Also, given that OP says that HAP paid the deposit and 2 months rent, that indicates that the tenant must have been registered as homeless, as only homeless HAP provides for that. Which also changes the picture somewhat.....

 

[Thirsty]

Perhaps the OP could confirm if my summary is correct.

We'd have a better chance of advising if we have facts straight.