Non payment of rent- ending of lease

H

Haille

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I have property let since November 22nd.I registered the tenant with PTRB.The tenant has only paid me one weeks rent pending the back payment of rent allowance arrears owed to her.This has been processed but she has nt forwarded payment to me.Some back payments were promised this week.
My question is do I still have to give her 30 days notice to quit even though rent is outstanding? I am waiting until Friday to see if payment reaches me if not I plan to give notice to her. Can I give less than 30 days notice? Should I recontact community welfare officer informing him that rent allowance has nt been forwarded to me.If I give notice to quit will I be able to recoup rent outstanding via PTRB resolution? Any advice please.
 
Haille said:
IMy question is do I still have to give her 30 days notice to quit even though rent is outstanding?
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Have a look at Terminating a Tenancy below. I think in this case you need to give 28 days, but first you must give her 14 days to pay what's due.

4. Lesser Notice Periods by Landlords and Tenants


‘’ Where the breach of the tenant’s obligations is a failure to pay the amount of rent due, a termination notice may only be served following the written notification by the landlord to the tenant of the amount owing and the rent still being owed 14 days after that notification is received’’


http://public.prtb.ie/DownloadDocs/Terminating_Tenancy.doc
 
You should tell the tenant that if she doesn't pay you this week that you will be contacting social welfare to inform them that you have not been receiving rent. She could be genuine (not sure of how long the delay in rent allowance is) but she could also be playing you.

In any case if genuine she should have been paying you the difference between the actual rent and the rental allowance. I hope you have all utilities in her name, I'd double check on this with the utility companies.

In any case if she is playing you she'll know all the rules so you need to make sure you follow the rules on notice correctly.
 
Many thanks Bronte .I am meeting tenant tomorrow.I have been in touch with community welfare officer over 10 days ago and he told me there was no delay on his side.
While I can tell tenant if welfare officer finds out that she is not forwarding rent they will stop payment.I am slow to contact welfare officer as it is not in my interest that her payments stop even though she might start paying me with threat.
I am presently owed €910. Will I be able to recoup this via PTRB in a worst case scenario.? I have to wait another 6 weeks, 2 weeks for back payment and 4 weeks notice to quit.
 
If a tenant doesn't want to pay,(from what I can see and I'm open to correction) there is no legal way (that works)to get them to pay. You can only take them to the PRTB, if you win that, then YOU have to take the tenant to court (you pay those costs) and they won't send someone to jail who has no money. Once you get a court judgement the tenant will probably leave before the bailiffs arrive. That could take 6 months or even a year going by the decisions on the PRTB site. Which you should read. Illegal evictions and over staying/non payment of rent are the ones to read. You as the landlord can have to follow the law exactly or you can be fined heavily. So you need to give the correct notice and then not invalidate it, for example by excepting part payments afterwards.Things like that. I don't know the details, but you'd wise to check them out.

All that considered you would be wise to strike some deal to get them to leave. IMO. Of course by suggesting it, they may see you as a soft touch and dig their heels in. Catch 22.


Maybe theres some honest mistake, and they pay up and you'll have no further problems.
 
Haille said:
I am presently owed €910. Will I be able to recoup this via PRTB in a worst case scenario?
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No you will not. According to the law you can but in reality you will not get one penny and only incur most costs. PRTB has no teeth for landlords who have tenant's who won't pay. I bet there is not one landlord who has an order against a tenant for non payment of rent who actually got the rent.
 
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