bad tenants

[Ravima]

A friend of mine has had a house let for the past few years. She has had several tenants and lucky enough never to have had a void period. She now has a problem and has asked me for advice, but not being a landlord, I am at a loss. She is a poster on this board, but is too embarrassed to pose the question herself.

The last tenant was receiving rent allowance. The Dept SW paid the rent direct to landlord's account and the tenant paid the balance, also direct to bank, both payments were on a weekly basis.

The tenant advised landlord that she had to leave. Lease was for 12 months and tenant pleaded for return of deposit. Landlord agreed, on condition that there would be no void period between tenant 1 leaving and new tenant arriving. An advertisment was duly placed in paper by landlord. Meanwhile, on inspection of house it was apparant that house would need to be repainted and redecorated before a new letting. This was as a result of gradual wear and tear, not the fault of the sitting tenant. Siting tenant was fearful of losing the deposit and arranged for a new tenant to take house immediately.

A deposit was collected from new tenant, who also said she was on rent allowance. A new lease was signed up at the same weekly rent as before. Being rent allowance, landlord did NOT collect any rent in advance, only the deposit.

New tenant is now in for three weeks and yes, you have guessed it, norent has been paid. landlord has called a few times and each time she was told that the matter would be sorted out the following day and that tenant would phone her. She never phoned.

Looking at the lease, there is a condition that says that in the event of rent being in default for more than 10 days, landlord is entitled to give 10 days notice to quit.

Tenancy is not registered with PRTB for two reasons. The first is that tenant did not have her PPS no handy when lease was being signed and landlord is now reluctant to ask her for it. The second reason, is that PRTB give a month to register and the month is not yet up.

Will landlord have to register to avail of PRTB and can they assist her?
If she does not register, but trys to get tenant to quit, will she get into trouble with PRTB?
What does she do if tenant will not go?

Helpful suggestions only please. landlord is already aware that she was plain stupid and tanek for a ride!

 

[Budgie]

I have total sympathy. This is down to back luck and can happen to anyone.

I would get signed up with PRTB in any case (even if no PPS) and start the ball rolling. Has the landlord received the DSW portion of the rent? If so, what proportion does that make up of the total rent?

 

[delgirl]

Sorry to hear about your friend's problems Ravima - agree with Budgie, she should register the new tenancy with PRTB asap, citing the fact that she was waiting for the tenant to provide her PPS number as the reason for her tardiness. If the previous tenancy was registered, she shouldn't have any problems.

I would visit the property asap and take a 10 day notice letter with me - if she didn't come up with the rent there and then, I'd serve the notice and tell her she has to be out within 10 days. Sounds harsh, but she obviiously knew when she moved in that she couldn't / wouldn't pay and that's not fair on the landlord.

I also wouldn't take back the notice if the tenant calls a day or two later to say she can now pay the rent as if this problem has occurred so early on, it's likely to happen again.

Sounds from your post that the previous tenant found/chose the current tenant - wouldn't allow that at all. I'd rather have the property empty for a month until someone suitable could be found.

 

[Ravima]

Thanks delgirl.

No social welfare payments made to landlord's account and previous tenant found the current tenant.

After posting today, I went instead of landlord to house and delvered a letter pointing out that tenant was in default of rent and unless all rents were received by next friday, they had 10 days to get out.

Further hiccup at that stage, when tenant told me that she felt that the rent would be paid on a monthly basis, not weekly. this surprised landlord, when I told her, as all prevous SW tenants paid weekly and said that SW insisted on this. Tenant told me also that RA would be paid to her and she would lodge all to landlords a/c. Landlord was concerned at this as if tenant refuses to pay, tenant gets the RA to spend as she sees fit!

In any event, letter has been given, but landlord feels that if all rent is paid up next week and that the future rent is paid on time on a monthly basis, she is happy enough to leave tenant sit. (I would not be so accomadating).

Thanks for you help though.

 

[delgirl]

In any event, letter has been given, but landlord feels that if all rent is paid up next week and that the future rent is paid on time on a monthly basis, she is happy enough to leave tenant sit. (I would not be so accommodating).

Agree with you there Ravima, but it's her decision.

Rent is always payable in advance, so by the end of this month she should be producing 2 months rent!

I know quite a few landlords and none of them, including myself, would ever accept rent paid in arrears unless perhaps it was a family member.

My tenancy agreements state the amount of rent payable and the due date - does her lease not state weekly payments? Did you see the lease? Did you think the tenant was genuine or is this perhaps a stalling tactic?

The rent book and the PRTB tenancy registration form also require the entry of the amount and whether the rent is due weekly/monthly etc.

I would insist that she signs a waiver for the SW portion of the rent to be paid directly to the landlord and if she refuses, would insist that she leaves.

According to this link http://www.welfare.ie/publications/sw58.html#6 social welfare rent allowance is paid on a weekly basis and there is no reason why this cannot be paid to directly to the landlord.