Problem Tenant

K

Kiernp

Registered User
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12
Hi,

I would be interested in other people's opinions on my situation.

I have been renting a house to a seperated father of two, on social welfare, for about six months. The contract is for a year. Under the terms of the contract he was required to set up a direct debit for the rent. This he never did, despite being asked on any number of occasions.

Around the time he moved in, I spent over 5k on the property, some of it at his request, on new floors, tiled kitchen floor, new furniture etc.

The thing is, although he is on rent allowance, getting the rent from him is a battle every week. He is always a week or two behind and frankly I am sick of having to make multiple phone calls every week and have to listen to his lies, evasiveness, whining and shouting to get the rent. When I am trying to get the rent he tells me to get off his back etc.

In the new year, I am thinking of giving him notice. Does anyone have an opinion on the strength of my case or on how best to handle him?

On a cautionary note I'd say to people considering buy to rent that it is certainly not all a bed of roses and that I have had plenty of problems with tenants.

Regards,
Kiernp.
 
Hi Kiernp, if he's on rent allowance, why don't you ask him to sign a waiver which will allow the rent to be paid directly to you by the Health Board.

I don't have any rent allowance tenants myself, but a friend has. I understand they pay in arrears and she has no problem with receipt of rent, although she insists that the tenants sign the waiver before they move in.

Perhaps you could visit him with the waiver and explain to him that it would be better for both of you if he would agree to have the rent allowance paid directly to you. I can imagine with 2 children and on welfare, it would be a temptation to spend the rent allowance, particularly coming up to Christmas.

My friend gave me a copy of the waiver she uses (in case I ever get rent allowance tenants, it's key to get them to sign before they move in) - if you'd like a copy, just PM me your e-mail address and I'll send it to you.
 
I would go to solicitor first and have contract assessed and let solicitor take it from there if deemed appropriate.
 
try your local citizens information bureau, they offer free, impartial and confidential advice on what your rights are legally etc. Also try Threshold they are also an advice centre, I think they only give advice to tenants but I am not absolutely sure...........maybe worth checking out ?
 
..are your registered with the PRTB...you could advise them of what you are doing also & they might guide.

ninsaga
 
Kiernp,

Get rid of that guy. He has no respect for you and I very much believe the situation will probably get worse going forward.

As suggested above I would seek legal/professional advice if you are not sure yourself.

Did you get this tenant through a letting agency? If so I would complain to them. If they are any good they should also be able to assist.
 
Fair play to the Securitate but at the end of the day.........!!!
Sorry could not resist.....coming from a die hard Liverpool fan.
Clubman to be serious I think the fact that tenant is separated etc could be a factor in a court case if it gets this far....mitigating circumstances and all that.
It could be very easy for the tenant with good legal advice to turn this potential case against the landlord from the point of view of personal problems and alleged harassment from the landlord.
Which is why one needs to tread carefully and get good legal help.
 
markowitzman said:
Clubman to be serious I think the fact that tenant is separated etc could be a factor in a court case if it gets this far....mitigating circumstances and all that.It could be very easy for the tenant with good legal advice to turn this potential case against the landlord from the point of view of personal problems and alleged harassment from the landlord.
Click to expand...
I don't see that as very likely myself to be honest.
Which is why one needs to tread carefully and get good legal help.
Click to expand...
I agree with you there.
 
God, how i wish you were my Landlord KIERNP!!

I too live in rented accomodation and also recieve a small amount of rent allowance.

I set up a direct debit from the time i came in and every month put the rent allowance in together with my own.

My point being, you sound like a very decent landlord hence having spent over 5k on your house, Ive being trying to get my landlord out to fix a kitchen light and a couple of sockets in the kids room for 3 months now!!!! It took me over a year to get a new washing machine!

Maybe your tenants reluctance to set up the direct debit could be the fact that he doesnt have a bank account? Could you maybe give him details of your bank account so he could simply walk into the bank and deposit your rent there every month?

BTW when he moves out can I move in instead!!!!
 
Hi,
Thanks to everyone that posted.
I have informally spoken to a solicitor who tells me that I have a strong case for breach of contract but that it could take six months to get him out.
I mentioned the children in my original post because I have been more tolerant of the tenant's behaviour because of his children, especially coming up to Christmas.
He has now paid me 1/2 of his arrears but I am sick of dealing with his lies, evasions and aggression. I don't have the time or the inclination to spend several hours a week chasing this guy, checking the bank for rent, making unanswered phone calls, calling to the property for rent that is permanently in arrears etc.
I am going to write to him, explaining my position, which I have done verbally many times, and informing him I will be terminating the lease if there is not an immediate improvement. This will probably cost me but I have had enough.
In the four or five years since I have been a landlord, I have had two tenants that had to be chased on a regular basis for rent, one of whom went eyeball to eyeball with me to try and intimidate me, I have also had several tenants who have left the place in a filty, condition. And I mean filty, including faeces liberally dropped all over the carpet in one room, not untidy. I'm not sure if I am a bad judge of potential tenants or if it is the area or if I have been unlucky or a combination of all three.
I think that there should be a register of problem tenants but I'm sure that would be contentious.
Regards,
Kiernp
 
Kiernp said:
I think that there should be a register of problem tenants but I'm sure that would be contentious.
Click to expand...
You'd support a register for problem landlords too - right? Ratemylandlord.ie perhaps?
 
Kiernp,

Would you not consider using a letting agent to find a tenant in the future. When I first rented a property I was given that advice from a seasoned landlord.

If you use a reputable agent, then he should be able to advise and assist if there is a problem with the tenant he sourced for you. I know you might say he's not contractually required to do anything, but I think if it's a reputable agency, then they should help, particularly if they know that they will get another fee when they source another tenant for you.

I also feel a rogue tenant may respond better to a no nonsense experienced letting agent rather than a landlord who they feel they can pull the wool over their eyes.

It genarally costs one months rent, which isn't alot considering you don't have the hassle of interviewing and showing people around etc.
 
Agree with Don. Letting agent would help.
Also a large deposit might weed out the potential problem tenants.
I think the book RENTING OUT PROPERTY FOR DUMMIES is a fantastic reference to help in all aspects of buy to let.
It is slanted towards the english market but it has been a huge help to me over the past few years.
Highly recommended!
 
markowitzman said:
Agree with Don. Letting agent would help.
Also a large deposit might weed out the potential problem tenants.
I think the book RENTING OUT PROPERTY FOR DUMMIES is a fantastic reference to help in all aspects of buy to let.
It is slanted towards the english market but it has been a huge help to me over the past few years.
Highly recommended!
Click to expand...

Have to say I would much rather find my own tenants - the trick is to get a large(ish) deposit, make sure if something goes wrong you get it fixed quick and let them and in general treat them like adults not serfs.... Too many landlords f**k around with penny pinching ("should I get the hoover fixed etc") when they can claim this stuff on their tax. This sends out completely the wrong signal to tenants, after all it IS THEIR HOME and it's just an investment property for the landlord.

Roy
 
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