Commercial tenant not paid rent since January

Yes, I'm aware of it, 'peaceable re-entry' clause.
We are seving a section 14 Section 14(1) of the Conveyancing Act 1881, hopefully today on his solicitors.
Peaceable Re-entry:
If the landlord serves a forfeiture notice on the tenant at the leased premises and at the tenant's registered office (if it has one), and the breach is not remedied within the time specified in the notice, then the landlord is entitled to take possession of the premises. If the landlord is entitled to do this, re-entry must be affected peaceably. To effect peaceable re-entry, regard must be had to such issues as timing (e.g. whether it should be by day or by night), whether keys are available and so on. In the event that the landlord encounters resistance by the tenant during an attempt to re-enter, the attempt must be abandoned.
If the landlord's re-entry is successful, it is likely that the tenant's possessions/stock will remain on the premises. In this event, it is vital importance that a detailed inventory of all remaining items on the premises be prepared and a letter written to the tenant advising it that its belongings will be held for a specified period and stating the action which the landlord will take should they not be collected within the specified timeframe.Peaceable Re-entry
If the landlord serves a forfeiture notice on the tenant at the leased premises and at the tenant's registered office (if it has one), and the breach is not remedied within the time specified in the notice, then the landlord is entitled to take possession of the premises. If the landlord is entitled to do this, re-entry must be affected peaceably. To effect peaceable re-entry, regard must be had to such issues as timing (e.g. whether it should be by day or by night), whether keys are available and so on. In the event that the landlord encounters resistance by the tenant during an attempt to re-enter, the attempt must be abandoned.
If the landlord's re-entry is successful, it is likely that the tenant's possessions/stock will remain on the premises. In this event, it is vital importance that a detailed inventory of all remaining items on the premises be prepared and a letter written to the tenant advising it that its belongings will be held for a specified period and stating the action which the landlord will take should they not be collected within the specified timeframe.
 
Well, all I might say on the information offered, is go for it. Tenants nowadays feel that they can abuse landlords at their best efforts. Throw them out, sort out the property and depending where it is, you might be able to relet the property. What you are going through is no different from what all landlords are gpoing through at the moment. Unfortunately you seem to have become involved with a lkoad of chancers who know the law better then the law itself. If reentering the property, make sure the Gardai are been kept aware of your ongoings and bring a decent locksmith with you.
 
ok legal papers were served on my (foreign national) sub-tenant solicitors yesterday, giving them till end of July to vacate.
Will be interesting to see what he decides to do, he may very well stay till he we get a court appointment, and as he knows the courts are closed for the summer that facilitates racking up more unpaid rent.
From what I've been told thses guys are very well versed in this, and know all the system inside out.
They likely will trade right up to the night before the court date, then vanish and start again with another premises and landlord.
We are now left with unpaid rent, ground rates, and building service charges, plus legal costs.
So much for our legal system and us playing by the book, and doing every thing legal.
 
Brumel said:
ok legal papers were served on my (foreign national) sub-tenant solicitors yesterday, giving them till end of July to vacate.
Will be interesting to see what he decides to do, he may very well stay till he we get a court appointment, and as he knows the courts are closed for the summer that facilitates racking up more unpaid rent.
From what I've been told thses guys are very well versed in this, and know all the system inside out.
They likely will trade right up to the night before the court date, then vanish and start again with another premises and landlord.
We are now left with unpaid rent, ground rates, and building service charges, plus legal costs.
So much for our legal system and us playing by the book, and doing every thing legal.
Click to expand...

Hi Brumel
Just wanted to check if you got sorted on this and have your premises back. I have been following this thread with interest. Also can you subsequently sue for the money you are owed once you regain possession or do you feel there is any point?
 
Hi Clonasss,
Here is the update, tenant was served with paper to vacate my premises by end of July, these were all ignored.
He has not paid rent since Jan 2012, also owes building service charges, rates, water etc... and has stung several food suppliers for money.
Recently he was shut down by the Food Safety Authority of Ireland (FSAI), but is still holding possession of my unit, and is trying to illegally sub-let it.
We are hitting him and property web-sites with a legal injunction to stop him/them from advertising my unit.
This guy uses various names - a total fraudster, I now had to engage a solicitor and Barrister with intent on filing for the circuit court in Oct, and will also be following up with Dublin City Sheriff for re-possession and eviction.
In the mean time I am liable for his outstanding rates, water, building service charges etc... and unlikely will recover any money back etc...
He no doubt is very well versed in this, and has plenty of experience playing the system, likely he has any assets of value in his partners name.
He lives with his girlfriend and her child, mean while she claims the dole for lone parent and housing, all courtesy of social welfare, sure its a great little country we live in....
Never never again would I rent out to a foreign national, better working with the devil you know.
 
In fairness we have home grown fraudsters just as experienced in working the system.

The problem is the system is very unbalanced against Landlords these days.
 
That a fair comment... and you are right there are plenty here milking the system.
At least though from a landlords perspective it might be easier to check an Irish nationals references, credit history, business history and with the country being so small you are bound to encounter someone who knows them.
 
Just finished a meeting with Social Welfare fraud investigators they are taking a interests in this guy and his partner. Social Welfare fraud investigators work closely with Revenue, GNIB gardai unit which deals with foreign nationals.
All I will say is there is more than one way to skin a cat....
 
I think you'll find someone practised as fraud will be able to easily fake all the references, and persuade gullible people to give them references. They spend all their time trying to do this, where as everyone else spends a fraction of that trying to avoid/catch them.
 
Hi Brumel and tks for the update. I was hoping you had managed to get the matter resolved by now but it does sound like the law is inadquate in this regard. Did you try to gain peaceful possession and change the locks after serving notice?

I hope you get this resolved soon as it must be causing you untold stress and grief.
 
OP, this episode is now going on for one year. Why don't you take possession of the property and show these kind of time wasters who owns the property and who is boss !!
 
Brumel said:
Never never again would I rent out to a foreign national, better working with the devil you know.
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The case I mentioned earlier the tenant was Irish, is still in business and the landlord was a foreign national, Indian if I remember correctly.

Brumel, it would be interesting to know how much you are out of pocket and compare that to how much it would have cost you if you'd illegally evicted them?

Also how come you didn't do the 'peaceable re-entry' route?
 
Hi I'm out of pocket 15k and rising daily, that does not include my legal fees.
On legal advise I was told under no circumstances follow the 'peaceable re-entry' route, my solicitor specialises in tenant/landlord law, I must ask him why not.
My tenant (by default) is now trying to sub-let my premises on some of the web-based property sites, this guy is a total fraudster.
I've established he uses 5 different names on accounts ie. water, rates, gas, electricity etc..
Now he is under investigation by Social Welfare, GNIB (Gardai), Revenue, and has a pending court case with me.
 
What have other commercial landlords done in relation to recovering debt, and pursuing these type of tenants.
Are there any state bodies you can contact to register these fraud tenants?
I'm now like a dog with a bone, have already been in contact with SW, Gardai, Revenue, have I missing any?
This guy have already told me he plans to open another cafe, and will likely do the same to another landlord.
 
Brumel said:
This guy have already told me he plans to open another cafe, and will likely do the same to another landlord.
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All you will be able to do is keep track on him carefully, advise a future landlord and his suppliers. Otherwise walk away and be more careful that any new tenant conforms to the terms of the lease. I've given you the best opinion I could as a landlord. I really would love to know the reason why your own brief says NO to re-entering your own property. It looks like you are not going to get a cent from your tenant so ask your brief for a definite reason. Remember you're paying him and he should be able to offer you an opinion as to why he said NO.
 
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