Landlord rep at PRTB

G

Greeneye

Registered User
Messages
76
Hi,

I rented my house last year and the tenants were dreadful. I gave them notice to leave as I was selling property due to their behaviour I couldn't see myself continuing to be a landlord, however my ex ( co-owner of house) initially agreed to sell house but then he refused to sell house, this would be typical behaviour by him. I relet house to new people but previous tenants are now looking for money for breach of contract as I didn't sell house.
Before they left house, I was unable to set up time with them to view house, they kept saying it was not convenient for them. Anyhow when I did see house I found they had ruined it, holes in walls, all the furniture was thrashed and shed roof was even gone. I am now bringing them to court and PRTB have decided to hear our cases together. I have been told that it's pretty unlikely I will get anything as tenants do this kinda thing and get away with it and PRTB is biased in favour of tenants.
My biggest concern is actually seeing these people at the hearing and feel I won't represent myself well, I know I will get upset, these people, who I treated really well and then ruined my home basically and are looking for money off me and PRTB will allow them to get it. Is there any body who advocates or can represent me, other than an expensive solicitor.??
Additionally how is a fine recouped, can it be done in installments, I really don't money to pay a lump-sum.
Any advice would be welcome. Thank you.
 
I hope you have a video of the thrashed house and also pictures of same. I don't know anyone who specialises on representing the owners of houses that are let (hate the word Landlord) but I really do wish you the best of luck. I'm always amazed with our national television, ie, RTE who, as far as I know have never done programmes on the wanton destruction caused by tenants to other peoples properties. It's widespread and i've witnessed it first hand, many, many, times.
 
Hi noproblem.

I agree about the landlord title the very name I think creates subconscious prejudice.
I have photographs but I think if tenants blew the house up they still can get away with it.
I got notice from PRTB to attend court nxt fridFr, I received it yesterday but they had attached my details instead of tenants details onto the notice. So itsi only today I am seeing the tenants full claim...prtb is an absolute joke.
 
If the house was in the state you say it was, It would not fit to sell or in a condition to be offered back to tennants,
 
Retired, would you like photographs?
It took me around three weeks to fix up luckily my partner was a builder and was able to repair the damage, I couldn't afford to pay tradesmen. It was not fit for sale or rent when I got the house back. My ex partner refused to agree to sell or let house because he blamed me for getting the tenants, but meanwhile I was left to pay the mortgage and my own rent and fix up house, I was basically forced into letting house out again although I absolutely hate doing that, to see stuff you have worked hard for to be destroyed in such a casual manner by tenants was almost hearbreaheart.
 
Greeneye said:
Retired, would you like photographs?
It took me around three weeks to fix up luckily my partner was a builder and was able to repair the damage, I couldn't afford to pay tradesmen. It was not fit for sale or rent when I got the house back. My ex partner refused to agree to sell or let house because he blamed me for getting the tenants, but meanwhile I was left to pay the mortgage and my own rent and fix up house, I was basically forced into letting house out again although I absolutely hate doing that, to see stuff you have worked hard for to be destroyed in such a casual manner by tenants was almost hearbreaheart.
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I think we are getting crossed wires ,What i am saying is When you rented it out it was fit for sale when you gave notice you expected normal ware and tare but you were expecting it to be handed back in a such condition to be in a position to put it up for sale straight away,I am on your side on this,
 
Sorry retired, yes good point and you are right.
I apologize it's just anytime I have discussed this issue with people who don't know me it can get very negative and only on tenants side like I am an evil overlord or something, sorry I was bit defensive.
 
Yes I'd like to see photographs. You need to make a file. It's a pity that your ex did the repairs with zero payment. But I assume you have purchased materials from the likes of Woodies etc. Get out your bank statements and show if the rents were being paid on time or not.

I'm not fully understanding how you evicted them in order to sell and then didn't sell. The PRTB are rightly not going to like that. So you're going to have to explain it a lot better than you did on here.
 
Hi Brontë, thanks for response. It wasn't my ex who fixed up house after the tenants, that actually gave me a laugh!!
Myself and my partner did the work. My partner is ex builder etc so he is great doing things like that. I did not have the money to employ people to fix up the mess.
As for sale of house. My ex partner, he is co-owner of house, put pressure on me to sell house a month before I even gave tenants their notice. The tenants at same time were extra obnoxious so combining the two situations made up my mind to agree to sell.
I have evidence of my ex's pressure and the refusals of tenants at same time to get rid of a dog in house etc, so hopefully thats some support for me. I also had house valued too after tenants left to give my ex so we could move on selling but the ex refused to co operate because he saw the house after tenants and blamed me for what they did.
The intention was to sell, I wanted it gone, but my hands were tied.
 
Did you include a sworn statutory declaration of your intention to sell with the notice of termination?

As others have said, you really need to start building a file of paperwork to show exactly what happened.
 
I did, I am not the only one who owns the house. The other owner wanted the house the house sold, I have evidence of this.
The tenants at same time my ex was hassling me to sell house were refusing to remove a dog from the house and other things.
Combining the ex's demands together with the behaviour of tenants I thought yup let me out of this situation. So house was going for sale.
It didn't happen my ex stopped communicating so it's impossible to sell in those circumstances.
I couldn't pay mortgage on the house and pay my own rent so I did what I had to do.
I had every intention of selling the house.
 
I'm not doubting that you intended to sell the property.

But you had to include a statutory declaration - sworn by both property owners - with the notice of termination to this effect. If you didn't, then the notice of termination would be invalid and your former tenants would have a cross-claim against you.
 
But the other property owner is a hostile party, he wouldn't agree to anything which is why I had to leave the property and let house out.
As the landlord who signed lease with tenants surely then my notice was only needed to terminate lease with only my statutory declaration?
Also the notice states I 'INTEND' selling house. I did intend as I swore but it just didn't work out that way.
 
If the joint-owner of the property didn’t swear the statutory declaration, I don’t see how it could possibly be valid - you couldn’t sell the property on your own, whatever your intent.

It’s a pity you didn’t seek to terminate the tenancy for breach of your tenant’s obligations.
 
I wasn't going to sell the house on my own. Before I issued termination notice or signed declaration the other owner of house was demanding I sold house and I agreed with him to sell house. I have the texts to these conversations copied and submitted to prtb.
At the time it was agreed between him and I to sell house. I then got the house valued, which I also have documented.
The fact that my ex did not sign the lease or have any landlord duties and both tenants and I agreed that I was landlord led me to believe that he wasn't a party to terminating the agreement.
 
I agree with you. I don't think they will either. It's all documented the intention to sell so I think that proves my case. I could have had them out for breach of obligations I am aware of that, I have plenty of proof for that. However i took this route because that's what I was doing.
Maybe I won't need luck at the adjudication, maybe I will just get fairness. I doubt it though.
 
But the co-owner of the property didn’t swear a declaration of his intention to sell. That’s your problem.
 
@Sarenco - Greeneye could be selling his/her interest in the house. From the RTB;

Landlord intends to sell the dwelling

A Landlord is entitled to terminate a Part 4 tenancy where they intend, within three months after the termination date, to enter into a binding contract for the transfer to another for full consideration of his or her interest in the dwelling or property containing the dwelling. The notice of termination must be accompanied by a statutory declaration which includes a declaration that:-

(a) The landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, the whole of his or her interest in the dwelling or the property containing the dwelling, and

(b) where the landlord intends to sell 10 or more dwellings (the Tyrellstown amendment), a declaration that the restriction on the sale of 10 or more dwellings (see section 35A) does not apply to the said notice as the price to be obtained by selling at market value the dwelling that is subject to a Part 4 tenancy is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of the restriction on such a sale would, having regard to all the circumstances of the case be unduly onerous on or would cause undue hardship on the landlord.
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Do they need the other owner to make a declaration in this case?
 
Thanks Paid, that was discussed between myself and ex, for him to buy me out or vice versa. I have this conversation documented too.
Sarenco the other owner had no agreement with tenants he said so himself it was up to me to deal with them.
 
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