HAP Tenant has taken in Refugees.

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Sunny1977

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I have a HAP Tenant , a lady in her 40s with 2 late teen/ early adult children in a 3 bed house. Over the last year her daughter had a baby and moved out, and her son moved over to the UK recently to family. (From what I heard it seems he is in hiding from criminal elements ) She was having issues coming up with her "portion" of the rent and owed me over 1k in arrears, her Hap was stopped and re-instated recently at a lower amount. In arrears already, again.

I was over by the house yesterday afternoon chatting to one of my old neighbours, and found out that she took in 3 Ukrainian Refugees last week, a woman and 2 children! I knocked on the door and a child of about 10 answered, and his mother came to the door to tell me that the tenant was not there.
I got a call from her the early today, offering me my arrears. I asked about the refugees, and she said she didn't think I'd mind, and isn't Putin terrible, and the poor children etc.

She is only my 2nd tenant in the house, and in the 3 years she's been there Gardai have been called over fighting and the front window broken, she took on a dog thinking I'd not find out (she was made re-home it) and being honest I'd like to be rid of her altogether. I am in complete shock that she thought she could just invite a family of 3 into the house. I think she did it as she knows how hard accomodation is to find for herself and is using these refugees as an excuse to not be evicted. I am just in the humour to sell the house as it's in Dublin, but I would prefer vacant possession. My partner says she's very devious, and that we'll look like the bad b's "throwing refugee children onto the street". I'm guessing that she either lied or forged my signature if these people are going to be getting welfare from my house.

Have you guys got any advice for me on how to deal with this situation asap, before that family get settled? I honestly feel bad for them, but I'm extremely annoyed at my tenant for pulling this on me. My partner wants me to sell it and get a holiday home in Galway for our own use mainly , and I'm starting to agree. I'm not exactly raking in the cash here, it's not worth the hassle , and the whole situation is giving me grey hairs!
 
If you had no problem with the tenant’s two children and baby, then why would you have a problem with the refugees? They may even be in a position to allow your tenant to discharge the arrears and keep the rent up to date?

But I do sympathise. You need to look at the Lease you entered into and examine the provisions concerning additional tenants or subletting. It’s usually a condition that a sitting tenant taking on additional tenants or subletting is prohibited unless the landlord consents. So you likely have a breach of condition of the lease which when combined with arrears, can allow you to sever the lease and terminate it by giving notice to the tenant. But in reality the courts and rtb tend to side with the tenant in such instances.

If you’re going to sell, just sell. Give the tenants the requisite notice and hope for the best. Again, it could take years to achieve vacant possession if the tenants decide to dig their heels in.

(I’m an accidental landlord myself and have been through the mill with squatters/over-holding tenants. In one instance I just allowed the tenant have his girlfriend effectively live there with him gratis as he was a good quiet tenant. In another instance I served Notice to Quit as I was selling. When the tenant threatened to overhold, I went legal and thankfully he moved on eventually).
 
The exact limits of what your tenant is allowed to do concerning sub letting ( if this even is what your tenant is doing) depends on your previous agreements with her and what lease may exist. So you could start there.
But your opinions in the rest of your post lead me to think that you do not really understand how a landlord/tenant relationship works.
Her life is .her life and not yours to 'control'. You have remedies you can use under law to deal with anti social behaviour, or if you do not want her as a tenant
 
Sunny1977 said:
I have a HAP Tenant , a lady in her 40s with 2 late teen/ early adult children in a 3 bed house. Over the last year her daughter had a baby and moved out, and her son moved over to the UK recently to family. (From what I heard it seems he is in hiding from criminal elements ) She was having issues coming up with her "portion" of the rent and owed me over 1k in arrears, her Hap was stopped and re-instated recently at a lower amount. In arrears already, again.

I was over by the house yesterday afternoon chatting to one of my old neighbours, and found out that she took in 3 Ukrainian Refugees last week, a woman and 2 children! I knocked on the door and a child of about 10 answered, and his mother came to the door to tell me that the tenant was not there.
I got a call from her the early today, offering me my arrears. I asked about the refugees, and she said she didn't think I'd mind, and isn't Putin terrible, and the poor children etc.

She is only my 2nd tenant in the house, and in the 3 years she's been there Gardai have been called over fighting and the front window broken, she took on a dog thinking I'd not find out (she was made re-home it) and being honest I'd like to be rid of her altogether. I am in complete shock that she thought she could just invite a family of 3 into the house. I think she did it as she knows how hard accomodation is to find for herself and is using these refugees as an excuse to not be evicted. I am just in the humour to sell the house as it's in Dublin, but I would prefer vacant possession. My partner says she's very devious, and that we'll look like the bad b's "throwing refugee children onto the street". I'm guessing that she either lied or forged my signature if these people are going to be getting welfare from my house.

Have you guys got any advice for me on how to deal with this situation asap, before that family get settled? I honestly feel bad for them, but I'm extremely annoyed at my tenant for pulling this on me. My partner wants me to sell it and get a holiday home in Galway for our own use mainly , and I'm starting to agree. I'm not exactly raking in the cash here, it's not worth the hassle , and the whole situation is giving me grey hairs!
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Sorry for you going through this, and the one thing that jumped into my mind is that the house would have to be inspected by the Red Cross for the Ukrainians to be assigned to the property.

If she did you heard nothing I assume, if she didn't she shouldn't be housing them, either way it's your right to find out, it's your property not hers.

She's taking liberties and she has no legal right to do this, if the Ukrainians aren't there legitimately they will be re-housed by the appropriate organisations it's not your issue.
 
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Sue Ellen said:
As she has suddenly offered to clear the arrears could she be receiving payment from somewhere for these poor Ukrainian people?
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My thoughts too, and it might affect her HAP, another thing aren't people who take in these people meant to garda vetted? .
 
Johnno75 said:
If you had no problem with the tenant’s two children and baby, then why would you have a problem with the refugees? They may even be in a position to allow your tenant to discharge the arrears and keep the rent up to date?

But I do sympathise. You need to look at the Lease you entered into and examine the provisions concerning additional tenants or subletting. It’s usually a condition that a sitting tenant taking on additional tenants or subletting is prohibited unless the landlord consents. So you likely have a breach of condition of the lease which when combined with arrears, can allow you to sever the lease and terminate it by giving notice to the tenant. But in reality the courts and rtb tend to side with the tenant in such instances.

If you’re going to sell, just sell. Give the tenants the requisite notice and hope for the best. Again, it could take years to achieve vacant possession if the tenants decide to dig their heels in.

(I’m an accidental landlord myself and have been through the mill with squatters/over-holding tenants. In one instance I just allowed the tenant have his girlfriend effectively live there with him gratis as he was a good quiet tenant. In another instance I served Notice to Quit as I was selling. When the tenant threatened to overhold, I went legal and thankfully he moved on eventually).
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I did/ do have a problem with the original family, isn't it spelt out in the post, with their anti-social behaviour, noise complaints and late rent, I was very sorry to have chosen her as a tenant, she told me she was working (3 hours a week I find out later) and her kids were in education which was why she wanted to stay in Dublin- all lies.
Yes, the lease prohibits subletting, sorry I should have mentioned that. Also the house is let at approx 1k below market value, my 1st tenant was a good friend and his gf moved in also and I charged "mates rates" but due to legislation I became "locked in" to that. I have 2 nephews (one Godchild) starting Uni this year in Dublin and it would be great to be able to offer them the house.
I found out she got the refugee family on facebook, after peeking at her Social Media. She's come into money somehow as the arrears were transferred over today. She also bought 2 new beds!
 
Sounds like a tenant we had a good few years ago.
Your tenant thinks she can do what she wishes and there is nothing you can do about it. She has caused problems during her tenancy. It is great that you have a neighbour letting you know what’s is going on.

Your tenant must think they can get up to €14000 per year in rent from her Ukrainian family as well as her SW. I don’t think this is in law yet. I think this for tenants in council properties but I could be wrong.

I wonder has she informed HAP of her lodgers and that you have not given her permission to do so?
Go onto Rtb website and give your tenant notice.
You have had some issues in the past but you cannot bring this up now as she resolved the issue.

You have a choice breach of obligations or family moving in.

Put everything in writing and if you want to get rid of your tenant you have to decide on what grounds.
You have a note in the contract saying no subletting then she is in breach of her obligations.
You also have a choice to give notice for your family member but I think there are limitations on who can move in.
Red Cross could have given her the money for the beds but that is not your concern. I would not worry about the Ukrainian lodgers. From what you have written between the lines the Ukrainian family will not stay too long as she could be hard to live with.
Do not let her know you are watching her Facebook page. Keep that under your belt. Good Luck.
 
If your tenant is in breach of the tenancy agreement and is notified of the breach, she would be allowed a reasonable time to 'fix' it so if she told the refugees or other sub-lets to leave, she would be ok.

The section about termination for family occupation is...
4) In paragraph 4 of the Table the reference to a member of the landlord's family is a reference to any spouse, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.

Did you issue any notices for rent arrears or the anti-social behaviour? The forms are available on the rtb website and its a good idea to keep copies of all kinds of correspondence, incl texts, in case of a dispute.
 
I would issue a termination notice. You appear to be letting your tenant call the shots. (This is the impression I get from your posts and apologies if I am incorrect).

If you are not happy with the business relationship (that's all it is) then issue the relevant paperwork.

You mention you want the property for your family, remember it's your property and your first responsibility is to your family as opposed to a stranger.
 
The Horseman said:
I would issue a termination notice. You appear to be letting your tenant call the shots. (This is the impression I get from your posts and apologies if I am incorrect).

If you are not happy with the business relationship (that's all it is) then issue the relevant paperwork.

You mention you want the property for your family, remember it's your property and your first responsibility is to your family as opposed to a stranger.
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Great points and I know a lot of people who have troublesome tenants and feel that they are helpless, some think that it would be morally wrong to " throw them on the street ".
 
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