I have a tenant renting for 2 and 1/2 years. She has not paid for July or August.

A

Aoife34

Guest
I have a tenant renting for 2 and 1/2 years. She has not paid for July or August. She refused to answer the door when i called up and did not answer the phone either. I posted a letter just over two weeks ago and when i went back up after the two weeks, she still has no intentions of moving out, where do i go from here? Do i have the right to enter the house and remove her things?
 
Re: Tenant not paying rent

Ensure absolutely everything is sent to her in writing.

If you haven't done so already give her written notice that she must vacate the premises in the correct notice period.

Check threshold and prtb websites to ensure that you follow everything to the letter of the law.

Unfortunately this is a grey area that tenants can abuse and you are doomed to suffer at least another 6 weeks of lost rent.
 
Re: Tenant not paying rent

Your tenant has broken the contract. Also by their refusal to reply to your contact attempt then you then have to act as the reasonable person within the rules of the law. A reasonable person would not be acting wrongly to enter the premises. How else are you to know whether the premises have not been vacated considering the tenant is not paying rent and refusing to communicate with you.
 
Re: Tenant not paying rent

Whatever you do, don't waste any time. Get moving on the legals right away and get her out as fast as you can. Even if she subsequently comes up with the rent, lose her -- she'll be nothing but trouble in the long run.
Do you have a deposit and/or a guarantor for outstanding bills?
 
Re: Tenant not paying rent

She provided a deposit upfront, so that will cover july, i have had to pay the August rent and will have to pay the September one too!! She is claiming rent allowance but i am not seeing any of it. She has informed me she is on a list for a house and she will be moving out, but i don't know when and she wont pay what she owes.
 
Re: Tenant not paying rent

I am a landlord. The tenant phone me and called me racist after i issued her the lnotification letter, and told me she was getting a house soon anyway and wasn't going to be around much longer
 
Re: Tenant not paying rent

I remember reading in the Sunday Indo earlier this year, about one of our former Ministers who was having problems with a tenant who, for some reason stopped paying him rent. (The story wasn't available online)

As far as I remember, he went round and evicted her.

She sued him through the PRTB. They found in her favour and was she awarded damages. However, the damages she was awarded were less than the amount of rent owing, and as she owed him back rent, he was entitled to deduct from her damages the back rent due, so the Minister in fact didn't have to pay her anything.

So it seems that while his actions may have been illegal, our former Minister managed to keep his losses to a minimum.



Murt


Murt
 
You are getting messed around here big time. To stop the rent and try to avoid you is taking the mick and then to call you what I would consider to be a very offensive name like a racist is just taking the biscuit.
Get into your house and move her out straight away. If she takes legal action then you will on what you have said already be in a very good position. This is obviously causing you stress so get to your GP and have it documented. Then make sure you have everything else documented also. Things like when she stopped paying, her lack of communication, her name calling and exactly what she said on occasions (like I will be out of here soon once I get another house). Who does she think she is kidding??

Where in the country are you?? How many in the house with her?? I might have spare time to assist you.
 
Re: Tenant not paying rent

Aoife34 said:
She provided a deposit upfront, so that will cover july, i have had to pay the August rent and will have to pay the September one too!!
Click to expand...

You say that you had to pay the August and Sept rent...who to? If you are the landlord, I do not understand this statement unless you have rented this property and are now sub-letting it to this tenant.
 
Re: Tenant not paying rent

Steve D said:
You say that you had to pay the August and Sept rent...who to? If you are the landlord, I do not understand this statement unless you have rented this property and are now sub-letting it to this tenant.
Click to expand...
ditto
 
I think she means because she had to cover the mortgage herself she feels she's actually paying the rent.

I did find it strange that a tenant would suddenly decide not to pay rent after 2 and 1/2 years.

Makes me glad to be a renter rather then a landlord.

I really am a dream tenant I see rent as one of the first things I have to pay.
 
Re: Tenant not paying rent

Steve D said:
You say that you had to pay the August and Sept rent...who to? If you are the landlord, I do not understand this statement unless you have rented this property and are now sub-letting it to this tenant.
Click to expand...

Are you being pedantic or can you not grasp what she is saying?
 
Re: Tenant not paying rent

MrMan said:
Are you being pedantic or can you not grasp what she is saying?
Click to expand...

Neither!

She said
"i have had to pay the August rent and will have to pay the September one too!!"

If she says that she paid "rent" then who has she paid it to? She could be sub-letting.

If she says that she has paid "rent" but actually means something else, then who knows what she is talking about? We are not mind readers!

Perhaps she may have intended to say that she had to cover the mortgage but she did not say that. It is always best not to make assumptions when details are not precise like this because assumptions are often wrong.


If you were a financial advisor, an accountant or a lawyer, you would want to know all the facts and you would not give any advice based on wild assumptions about a client's circumstances.
 
Some very dodgy advice being given here. If you go into the house and throw her stuff out or change the locks, they may take a PRTB case against you. And they will win, as it will be deemed an illegal eviction.

The PRTB apparently fast-tracks (which still probably isn't that fast) cases involving illegal eviction.

I vaguely recall the case mentioned above about an ex-minister, but didn't note the settlement. It doesn't seem to me that any fine against a Landlord for illegal eviction could be so small to allow it to be worthwhile, otherwise illegal evictions would become a viable method for landlords. It seems to me the PRTB would want to discourage this practice.

I'd serve written notice of eviction and then hopefully she will go. But before you do anything hands on as some are suggesting think very, very carefully. It's an unfortunate situation for you and the PRTB are too slow, but you may end up worse off in the long run.
 
Last edited:
jep give her a written notice, make sure you state 56 days on it (as this is the termination time you have to give her by law) and make sure you send it by registered post.
 
Re: Tenant not paying rent

Steve D said:
Neither!

She said
"i have had to pay the August rent and will have to pay the September one too!!"

If she says that she paid "rent" then who has she paid it to? She could be sub-letting.

If she says that she has paid "rent" but actually means something else, then who knows what she is talking about? We are not mind readers!

Perhaps she may have intended to say that she had to cover the mortgage but she did not say that. It is always best not to make assumptions when details are not precise like this because assumptions are often wrong.


If you were a financial advisor, an accountant or a lawyer, you would want to know all the facts and you would not give any advice based on wild assumptions about a client's circumstances.
Click to expand...

Wild assumption taken from post #7
I am a landlord.
Click to expand...
 
bugler said:
Some very dodgy advice being given here. If you go into the house and throw her stuff out or change the locks, they may take a PRTB case against you. And they will win, as it will be deemed an illegal eviction.

The PRTB apparently fast-tracks (which still probably isn't that fast) cases involving illegal eviction.

I vaguely recall the case mentioned above about an ex-minister, but didn't note the settlement. It doesn't seem to me that any fine against a Landlord for illegal eviction could be so small to allow it to be worthwhile, otherwise illegal evictions would become a viable method for landlords. It seems to me the PRTB would want to discourage this practice.
Click to expand...



Here are the details of the case in qyestion from the PRTB website





Murt
 
As the tenant is claiming rent allowance can anything be gained from contacting the Local Authority? This money is given to her as rent and she is clearly using it for something else so shouldn't "that line of credit" be stopped immediately?
 
DeeFox said:
As the tenant is claiming rent allowance can anything be gained from contacting the Local Authority? This money is given to her as rent and she is clearly using it for something else so shouldn't "that line of credit" be stopped immediately?
Click to expand...

You can demand that the cheque be made out to you when you contact the local authority. i would send the her a letter telling her that unless your rent is paid you will go to the local authority who will most likely then remove her from the housing list as an unacceptable risk :) see what she thinks of that.
 
You must log in or register to reply here.
Back
Top