Someone still has to evict the tenant, and technically it should be the vendor. A buyers solicitor probably won't sign the documentation if there is a tenant in situ who isn't indicating a willingness to move out.I posted in June about a problem tenant and was advised that it's almost impossible to have a tenant evicted on the grounds of "anti-social behaviour". I sent a warning letter last year and am ready to proceed with an eviction notice. I feel I have to assume the tenant will take the case to the PRTB, drag it out etc. The management agent is telling me that the people living around the property believe there is drug dealing going on there, that there is constant partying and constant disturbance of the neighbours' "peaceful enjoyment" of their homes - and I keep asking for something more concrete that I can quote as I am really wary of proceeding with something that will fall apart when it hits the PRTB. I am working on getting that concrete info from one of the neighbours this week. This tenant was placed by DCC, who pay the rent to me directly - but who wash their hands of any involvement in a resolution. It's between me, the tenant, and the PRTB.
An alternative way forward would be to put the property up for sale. There is about 200K left on the mortgage and I think I'd get between 290 and 300K for it. I have to pay about 3K in tax and about 2.5K in management fees. However, selling would require 6 months notice as tenant has been there for almost 6 years. 6 months of torturing the neighbours. It would be a definite end though - and I wouldn't have to worry about going to court etc. I feel awful that I am responsible for the other residents suffering. On the one hand, I am tired of it all - tired of how DCC has zero standards or accountability for social tenants and think I just want rid. On the other hand, I don't want to let their behavior dictate such a huge financial decision. Having guaranteed rent gives great peace of mind. I had planned to hold onto it for another 2 years before this came to a head. I am in contract with DCC for another 2 years. I could get the tenant out, and they could place a new set of degenerates there, or I could be lucky.
What would you do?
Thanks in advance,
Pearl
I think it's the opposite.You're quickest route is eviction based on anti social activity.
Tell the agent that any suspicion of illegal activity should be reported to the Gardai. Evidence of such reports and follow up may assist.The management agent is telling me that the people living around the property believe there is drug dealing going on there, that there is constant partying and constant disturbance of the neighbours' "peaceful enjoyment" of their homes
Is there any way to break the contract with DCC - i.e would they let you break it for a set penalty fee maybe, given the circumstances ?I am in contract with DCC for another 2 years.
You might be able to find out (by now) if the tenant has a criminal conviction relating to sale of drugs. That would bolster your case for ending tenancy on ASB grounds. Try and find out who the investigating guard is and see if you can speak to them. You will get nothing via FoI, they were only putting you off.I phoned the local Gardai station who told me I could get the details via e-mail under the freedom of information act.
When the DCC contract ends in 2 years - just say the tenant refuses to go then - who is responsible then for ensuring the tenant leaves at that stage? Is this contingency set out in the contract you entered into?
Yes, my gut feeling is telling me the same thing. Alas, I could never afford a hit of 12 months rent. The rent is what pays the mortgage on it.You might be able to find out (by now) if the tenant has a criminal conviction relating to sale of drugs. That would bolster your case for ending tenancy on ASB grounds. Try and find out who the investigating guard is and see if you can speak to them. You will get nothing via FoI, they were only putting you off.
But if tenants fight it with the RTB on ASB grounds it could take 6-9 months if they take it to adjudication. I am not sure if you can initiate notice on other grounds while they are fighting it on ASB grounds.
If you really want to be rid of her just claim you need it back for own use. This is impossible to fight at the RTB. Once you have gained occupancy put bills in your name. You would take a hit of 12 months rent before you can let it again, or you could sell.
My gut feeling is that trying to end this on ASB grounds is going to be very difficult for you.
Yes, I did think of selling to DCC, but I think it would be kinder to the neighbours to sell privately. DCC are so clueless when it comes to multi-unit developments. If they charged some sort of nominal management fee, there might be some respect for common areas - but they don't.Could you approach dcc and offer to sell to them with tenant Insitu?
You have to make a statutory declaration that you intend to sell and then put it on the market.What are your thoughts on me putting it up for sale and then the sale falling through and me renting it again? That would still result in a hit of 2 to 3 months rent minimum though. In terms of rent, I'd lose less money via the ASB route as DCC will continue to pay as long as the tenant is present.
is obliged to offer the tenant an opportunity to re-let the property if they do not sell it within 9 months
the tenant has provided their contact details in writing to the landlord within 28 days of receipt of the notice of termination.
I think it's the opposite.
Anti-social behaviour (ASB) is vague and it is very hard to find an example where the RTB accepts a landlord's claims of anti-social activity (I looked once). A tenant could fight this at the RTB which could drag on.
You can end a tenancy clearly and unambiguously if you intend to sell the property. A tenant could overhold of course, but this could happen if you try the ASB route too.
@Pearl - if you want to go the ASB route you will probably need written, detailed evidence from neighbours outlining the ASB. The simpler option would be to sell up of course.
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