Dublin Looking for pro-landlord proactive solicitor

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drunat

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As the title states looking for solicitor to represent landlord with potential dispute with tenant and overstaying in the property. Looking for somone who is proactive and can give advice based on experience. Background info: Notice of tenancy termination was served well in advance (nearly a year ago, RTB confirmatio received, not officially challenged) for termination in September 26. HAP tenant said - does not want to move (can't find alternative accomodation, HAP advising to hoard) and is likely to overstay in spite of long given notice. Need solicitor to send reminder of notice of termination, outline repercussions for non compliance, based on tenancy contract, take over all communication with tenant, and prepare for action once tenant overstays so no time is wasted to legally remove the tenant. Looking for recommendation from landlords preferably someone you've personally dealt with.
 
I have previous first hand experience when tenant couldn't find alternative accomodation by termination date and was advised by HAP not to move out to avoid becoming homeless. HAP continued to pay for that tenant until they were able to vacate. This was a different situation because I knew tenant was making genuine efforts to find alternative accomodation. My current situation is different - tenant isn't actively looking and told me straight off he doesn't want to move and will not... Tenant not cooperative hence terminating when I can on part 4 ending basis and want him out without much delay post termination date
 
Still not following what you mean by this?
DannyBoyD said:
"HAP advising to hoard"
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Unless you mean something else, HAP in my understanding stands for Housing Assistance Payment.

Its not an organisation, so I don't understand where this "advice" is coming from, or what you mean by "hoard"?

I would expect rent / HAP to continue to be paid even when overholding, you'd be in a much worse position if it wasn't.

I take it this is the second property you are looking to get vacant possession; out of interest, have you now sold the first?
 
DannyBoyD said:
Its not an organisation, so I don't understand where this "advice" is coming from, or what you mean by "hoard"?
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Yes, we speak of the same HAP I think I was clear in my response to you and I clearly explained that they continued to pay, while gave that advise ti my tenant of overstaying instead of leaving on time and risking becoming homeless. I am here to get recommendations. Your last question has no relevancy to this post
 
I was in similar situation recently.
Took close on 2years to finally vacate. I had to pay cash for tenant to leave. They stopped paying thier Hap contribution of 40 odd euro a week. So I was on emergency hap which only lasts a year. After that id get no rent. So was getting close. I also learned after that tenant wasn't actually living there and was subletting property.!
In hindsight I would 100% take matters into my own hands and not rely on agents or solicitors. ( interpret that how you like. So i dont get blocked from forum im not saying break the law etc! just be proactive) Would be cheaper and less stress.
Rtb imo did there upmost to 'protect' tenant from being evicted despite tenant not engaging. My reason for notice was to run as fast as I could from the market and sell up.
So out of pocket and place thrashed. I was just happy to have property back.
 
I had an estate agent manage the property. Inspections were done every 6months.
Its heart breaking to see your property thrashed in those Inspection pics. Knowing there is literally nothing you can do. Except chill and wait till you finally get property back.
There was also anti social issues. Guards calling on the regular. Again I was told its very hard to prove and get an eviction on that. So I put in several reasons for eviction. Selling. Non payment of rent.
I finanlly went over agents head and dealt direct with tenant to achieve an agreement. Rtb process was an absolute waste of time imo.
So even with a solicitor imo you'll get so wound up and take it upon yourself to deal direct with the problem out of sheer frustration.
Just like the infamous terry gorry video!
 
Luternau said:
I too am unclear what you are referring to when you say HAP advised tenant to hoard. HAP is not an organisation, it's a rental payment scheme.
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HAP is an organization dealing with tenants and they advise them on their circumstances. In my case, the tenant went to HAP to get an advise on the course of action they should take after receiving notice of termination (different case - not the one in my original post). hAP put them on Homeless HAP list (potentially giving them bigger limit to find alternative accommodation), when the time came closer to lease termination and tenant couldn't secure alternative accommodation and went back to HAP for support, HAP staff advised (U imagine off record, personal advice) to not move out of my property until they secure another accommodation. This is why I said "HAP advised to hoard..
 
DannyBoyD said:
You have prior experience of evicting overholding tenants, it would be useful to know how that turned out.
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As I already said that tenant was genuinely making effort to find alternative accommodation and while he did overstayed by about 3 months, he did eventually move out. I did lodge a dispute with RTB once the deadline was passed but RTB didn't manage to deal with it before the tenant moved out so the matter was closed eventually. I needed the property for myself and I moved in once it was vocated.
 
drunat said:
tenant couldn't secure alternative accommodation and went back to HAP for support, HAP staff advised (U imagine off record, personal advice) to not move out of my property
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Was this said to you or your tenant? I think the word "hoard" was also throwing us off. I think perhaps you meant overhold?
 
Monsterxyz123 said:
I was in similar situation recently.
Took close on 2years to finally vacate. I had to pay cash for tenant to leave. They stopped paying thier Hap contribution of 40 odd euro a week. So I was on emergency hap which only lasts a year. After that id get no rent. So was getting close. I also learned after that tenant wasn't actually living there and was subletting property.!
In hindsight I would 100% take matters into my own hands and not rely on agents or solicitors. ( interpret that how you like. So i dont get blocked from forum im not saying break the law etc! just be proactive) Would be cheaper and less stress.
Rtb imo did there upmost to 'protect' tenant from being evicted despite tenant not engaging. My reason for notice was to run as fast as I could from the market and sell up.
So out of pocket and place thrashed. I was just happy to have property back.
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I am sorry you had to go through this hell and this is exactly the situation I am trying to avoid now. The tenant already indicated he doesn't want to move out and hence I doubt he is looking for another place. I am well aware RTB is useless in defending landlord's rights and so was hoping to find a proactive solicitor who would take matters in their hands, because truthfully I do not want to deal with the tenant directly. If anyone can recommend someone based on personal experince please do so. I do not have an estate agent and so far dealt directly with the tenant.
 
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