Delay of sale , options .

mikeyny

Frequent Poster
Messages
97
i have my rental property on the market and have issued the correct notice period , watitig out the clock on the Eviction ban .
i intend to pay off my current mortgage on my primary residence with the proceeds of the sale after fees and CGT etc
My tenant says he will overhold and drag me through the courts .
if my tenant overholds can I take him to court to get the extra mortgage payments I have to pay out ?
It would amount to around 1200 per month and given that the RTB could take 4 or 5 months and the Courts about the same time ,
i could be looking at 10k to 12k of extra payments .
In addition the house value could drop in that time , is that also actionable .

The time has come where actions should have consequences.
 

DeeKie

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664
You can sue someone for anything but the first question to ask is can he pay?
 

Leo

Moderator
Messages
11,866
The best you are likely to get from the RTB is an order for the tenants to leave, and pay all rent due for the period they remain in the property. You will also be ordered to return their deposit in full. You can search the dispute database here and review the orders granted.

After the 6-12 months that might take, there's then a good chance the tenant will refuse to pay even if they do vacate. At that point you'll have to engage a solicitor to take legal proceedings that will cost thousands with no guarantee of success.
 

mikeyny

Frequent Poster
Messages
97
I know you can’t get blood out of a stone , it also appears that now you can’t get tenants out of your house also . It looks as if the eviction ban is set to be extended .
The saga continues .
 

Sarenco

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Messages
6,479
You will also be ordered to return their deposit in full.
Not if there's rent outstanding - that can be deducted from the deposit.
if my tenant overholds can I take him to court to get the extra mortgage payments I have to pay out ?
No. You can sue for outstanding rent but not for extra mortgage payments.

I personally know of a case where it took a landlord two years after getting a positive RTB determination to successfully evict an over holding tenant.

I'm afraid all the cards are stacked against landlords in our system. If your tenant really wants to drag things out, you could be in for a very long wait to (legally) regain control of your property.
 

Leo

Moderator
Messages
11,866
Not if there's rent outstanding - that can be deducted from the deposit.
Probably true alright. Their decisions will include orders to both tenant (that the rent due is a paid) and landlord (that the deposit is returned), but I doubt they'd pursue a landlord for failing to comply with returning the deposit if the tenant hasn't complied with their obligation to pay outstanding rent.
 

Tadaima

Registered User
Messages
16
Mikeyny. Can you sell the house with the tenant in it at a reduced sale price? As they are not overholding yet, would you lose less in the long run by selling below market value? Some investors are happy to buy a property with a long term tenant, if the price is right. I'm hoping to do this myself within the next 6 to 9 months rather than put up a fight against an unfair system.
 

Baby boomer

Registered User
Messages
257
i have my rental property on the market and have issued the correct notice period , watitig out the clock on the Eviction ban .
i intend to pay off my current mortgage on my primary residence with the proceeds of the sale after fees and CGT etc
My tenant says he will overhold and drag me through the courts .
if my tenant overholds can I take him to court to get the extra mortgage payments I have to pay out ?
It would amount to around 1200 per month and given that the RTB could take 4 or 5 months and the Courts about the same time ,
i could be looking at 10k to 12k of extra payments .
In addition the house value could drop in that time , is that also actionable .

The time has come where actions should have consequences.
You could sue - with the consequences outlined in previous replies.

Or, you could offer him an incentive to leave promptly. Might be cheapest option by far.
 

mikeyny

Frequent Poster
Messages
97
I think I’m going to go through the long process with the RTB determination process .
Selling with a sitting tenant is diminishing the pool of potential buyers .
The house is paid for and I’m looking to cash out as I have to either refurbish another house I own or pay off my PPR.
My only mortgage is on my PPR so I’m not under any pressure at this time .
His rent is well below market and I am inclined to raise this at the first possible chance I can get , it will also make the property more marketable as the rent hopefully will be close to market .
I have reached out to a lawyer to assist with this and Of course he is on holidays and will get back to me when he returns .
With the uncertainty of COVID at least the tenant has paid on time so far .

i did offer an incentive last year and it was thrown back in my face .
 

Tadaima

Registered User
Messages
16
What’s to stop the tenant over-holding after he receives the incentive?
I agree with this. "Incentives" could be viewed as ongoing income for the unethical tenant. Maybe I'm naive but I think it is better to stay above board even though that process is anti-landlord.
 

Baby boomer

Registered User
Messages
257
What’s to stop the tenant over-holding after he receives the incentive?
I agree with this. "Incentives" could be viewed as ongoing income for the unethical tenant. Maybe I'm naive but I think it is better to stay above board even though that process is anti-landlord.
Ah, here now! You don't part with the incentive until you've got possession of the property! And a written confirmation from the tenant that he is giving up the tenancy.
You can get a solicitor to structure an agreement and hold the incentive in trust for the tenant until the deal is done, but there's no absolute need to do so.
 

mikeyny

Frequent Poster
Messages
97
I had an envelope with his incentive to leave 5k in cash that I was prepaired to give over to a lawyer of his choice , I was told that all the lawyers in the town were “in cahoots”, I then said i would pay it over to any lawyer in another town . I was told to go to hell and he would drag me all the way to the circuit court and the sherrif would have to remove him . Here we are a year later and the notice is to expire next month . Let’s see .
 

Baby boomer

Registered User
Messages
257
Fair enough if he's like that. You have my sympathies for all it's worth.
He's had the benefit of below market rent for a year. For most people, 5k in cash would be a better option.
 
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