Estate Agents Responsibility: Tenant has not paid rent in 3mo.

K

KAZZA

Registered User
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82
Hi,

Have rented out my apartment and having problems with my tenant.

She has broken contract as she has failed to pay rent on time for 3 months and this month has failed to pay at all and is now refusing to leave the apartment.

I originally paid the estate agent €1000 to look after the property and now when I need them to do something they are telling me there is nothing they can do to get her out of the apartment. They told me if she didn't leave one week after i served her with an eviction order that the guards would be called and would act as baliffs.

The guards were called and the tenant told them she would leave when she had somewhere else to live!! ( she hasn't paid any rent this month!! )

The guards said it was up to the estate agent to get rid of her but when I ring them they say there is nothing they can do and are not doing anything to help me.

Would appreciate if anybody can help me?
 
Re: Estate Agents Responsibility

are you registered with the prtb?
 
Re: Estate Agents Responsibility

Unfortunately not. Do you know what I can do next?
 
Re: Estate Agents Responsibility

What is the nature of the contract with the EA? What specific services are they supposed to provide for the fee paid? The Gardai will not intervene in a civil matter like this. You may need professional legal advice.

You are presumably in breach of the law in not being registered with the PRTB. This also means that you cannot claim certain tax relief (setting interest against rental income).
 
Re: Estate Agents Responsibility

The guards told me the EA are responsible for evicting the tenent. They were paid the fee so I would presume they were responsible for the tenent. They found the tenent so would they not be responsible for getting rid of the tenent. They also wrote to the tenent telling them if they hadn't paid the rent in full they had to leave the apartment so they have done that much but now that the tenent is not paying they seem to be walking away from the situation.
 
Re: Estate Agents Responsibility

How long is the tenant in the property?

Ultimately, a long way down the line, the gardai might be involved if the sheriff couldn't get her out.

The EA should be doing the paperwork on your behalf subject to the terms of any contract you signed with them.

and register with the prtb immediately.
 
Re: Estate Agents Responsibility

KAZZA said:
Unfortunately not. Do you know what I can do next?
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Not too late to register with PRTB.. Any particular reason why you did not register tennacy at the first place?

I think you may be on your own now, and your only route seems to be a costly legal one...
I doubt very much that EA could be liable for unpaid rent. TBH, it would be daft of them not to include a clause to that effect in their contract.
 
Re: Estate Agents Responsibility

Neither the Guards, your presumptions or our speculation here can clarify who is responsible for what. As previous poster has asked, what is the nature of your contract with the EA? This, combined with the letting agreement, defines the roles and responsibilities of the various parties. Ultimately as has been already said, in the absence of a court order, the Guards have no role to play.
 
Re: Estate Agents Responsibility

HI,

Dont think it will help to join the prtb now, I dont think a letting agent is suppose to help out and get rid of a tenant.They will get you a tenant and if the tenant rings about things such as bins, looking for hoover etc they will in turn ring you.That is the way i have found it and i have a few let out.maybe ring the prtb explain your case.Unfortunately there are people out there who dont care that you a mortgage to pay.I hope you can sort it out.An extreme measure is to wait change the locks and move yourself in!!
 
Re: Estate Agents Responsibility

the Guards have no role to play.
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Tresspass is now a criminal offence, and so is the responsibility of the Gardai.

However, as previous posters have said, without knowing what is contained in the lease and the roles of the various parties, it is difficult to determine who's responsible for the eviction, what the lease says regards eviction/non payemtn of rent etc, as without a legal eviction, you cannot claim that the person is tresspassing (which is why the Gardai probably didnt want to get involved at this stage).
 
Re: Estate Agents Responsibility

The EA got involved to the point of sending out an eviction notice and then told me if the tenent didn't move out the guards would be called and would evict her and would be baliffs. Am I to assume that the EA doesn't know what she is talking about or just doesn't want to be involved anymore as its too much hassle for them. A contract was drawn up between all the parties and as far as I am concerned they should have to take some responsibility as they have already been paid.
 
Re: Estate Agents Responsibility

I can understand your frustration but i can see how the estate agents are to blame.They got you a tenant who unfortunately has decided for some reason not to pay the rent.Have you tried ringing the tenant or even sending a registered letter?. i would seek legal advice as you are not covered by the prtb.
 
Re: Estate Agents Responsibility

Its not easy to get someone out, even if they're not paying rent. It can take alot more than a letter from an EA.

Someone I know has had a non paying tenant for the last 10 months and has been waiting months for the PRTB to hear the case. He's still waiting for a date while paying the mortgage of the rental and his own place.

I think once the PRTB hears the case and assuming the decision is his favour, if the tenant doesn't comply at that stage a court eviction order can be requested and the sheriff can become involved, but that could be months from now for him.

Get on to your solicitor for advise asap
 
Re: Estate Agents Responsibility

ClubMan said:
The landlord in this case did not comply with the law by registering with the PRTB!
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Neither did the person I was on about. They subsequently registered and the PRTB will handle their case (possibly why they're waiting so long!).
 
Re: Estate Agents Responsibility

Has the tenant given any reasons as to why they have not paid the rent? If I was in that situation I would consider entering the premises while vacant and changing the locks. It's obviously illegal but would certainly force the tenant to have to take some steps rather than simply do nothing.
 
Re: Estate Agents Responsibility

I'd imagine most PRTB cases involve tenants who have been in situ a while.

http://www.prtb.ie/act.htm

There are some information leaflets on the PRTB that may help the OP.
 
Re: Estate Agents Responsibility

Failure to register with the PRTB doesn't cancel out the breach by the tenant and can be remedied (whatever about the tenants right to claim tax relief for the unregistered period.)

Registering late shouldn't affect the time it takes to get a hearing, they are just really, really, REALLY slow.

Changing the locks is a very risky, if seemingly attractive alternative. It tends to used in commercial cases and even then the right of the landlord to do so is limited.
 
Re: Estate Agents Responsibility

Stifster said:
Failure to register with the PRTB doesn't cancel out the breach by the tenant and can be remedied (whatever about the tenants right to claim tax relief for the unregistered period.)
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I didn't think that the landlord's failure to register with the PRTB impacted the tenant's ability to claim the rented accommodation tax credit whatever about the landlord's ability to write off mortgage interest against rental income?
 
Re: Estate Agents Responsibility

Thanks for all the replies and information. I am going up to meet her tonight and see if i can reason with her. Social welfare is supposed to be paying her rent and she is obviously not using the money to pay the rent so I dont know if I can go down that road or not.
Been on to the solicitor and I can either go down the legal route which will be costly and could take up to months or just wait on her to go when ever she feels like it!! They said the EA or the guards can do nothing.
This country and the law is a complete joke!!
 
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