Problem tenant

M

Melvis

Registered User
Messages
4
I have a tenant for the last 3 years and in April of this year he decided to use my bank details to setup a monthly direct debit to pay his car insurance. I only discovered this last Monday. Does this constitute an act of “serious anti-social behaviour” as in can I issue a “7 days notice of termination” as I no longer can trust him.
 
This is an issue for you, the bank, him and the Gardai. Firstly to set up a DD he would have to falsify something. So the bank is at fault for letting him do this. Very odd story. How did he get your banking details to do a DD?

Are you living in the same property?
 
Im assuming he has you bank details to pay rent to you?
It's a matter for Gardai.

I assume you've recalled the DD payment through your bank?
 
Step 1 - visit the gardai and report it. It's fraud and theft
Step 2 - Call your bank and cancel the DD and insist they repay all payments to that DD
Step 3 - Contact the PRB. Make sure you do everything by the book in terms of evicting the tenant.
 
Thanks for all the answers. I have not informed the gardai yet as I am trying to get a copy of the mandate from AA insurance. The account used is the one he pays rent into. I have been onto AIB and cancelled the DD. They will refund the last 2 DD today or tomorrow but will need more time to return the 1st one as it is over 8 weeks ago.

Is telephone or email the best way to contact PRB in such cases?
 
Reporting to the Garda can wait, speak to the tenant, bet he claims a genuine mistake, tell him he needs to move out quietly but soon and ensure your rent is paid up and the property left in good shape, then you can decide what you want to do but secure your property and get rid of that tenant Asap
 
On what grounds are posters suggesting he can evict the tenant?

What is written on the mandate, surely the account name has to match the account number so this is fraud clear and simple unless he used the wrong account number by accident.
 
Bronte said:
What is written on the mandate, surely the account name has to match the account number so this is fraud clear and simple unless he used the wrong account number by accident.
Click to expand...

SEPA Direct Debit Mandates don't require a signature. They can be set up over the phone.

For the record, I think the best advice given here has been Seagull in post #7.
 
Melvis, do you have evidence that it was definitely your tenant who did this?

I would be very surprised if the insurance company gave you this information without the gardai being involved.
 
It is not established that the tenant has done anything deliberately and with intent, honestly it looks like a daft thing to do as it would be spotted.

If the tenant is involved I am saying use this as leverage to get him to move out, the OP will know more after a face to face conversation, my priority would be to get the property back in good shape as trust will have broken down.

As for rushing to report it to the Garda, not the priority right now for the owner of the property, anyway, there will be no blues and twos in terms of an urgent investigation post reporting, this is not the biggest crime the Garda have to contend with, getting the Garda involved will entrench your tenant and you will ultimately pay for that.

Do your own investigation and get the tenant to move using the information you will gain from your discussion to your advantage, the tenant can break their lease without a great deal of palava involving the RTB
 
Update

I called into the local Garda station today. He seemed to think that I was not the injured party anymore since the bank has refunded the money to me. However, he took the details and said he would call the tenant to see what he had to say. He called me back later to say that the tenant said that the bank had made the mistake and when the insurance company phoned him last Monday, that he lodged one months insurance money to my account. I checked this and indeed the tenant did lodge it last Monday (so now I have €110 belonging to him).

The tenant then called me and said that he did not know how my account had been used. He told me that he had lodged one insurance payment to my account. I asked him if he found it strange that his monthly insurance payments were not being taken from his account for April, May and June and he said that he didn’t notice.

I find the whole thing very strange. The tenant did not contact me all week. Within an hour of receiving the Garda phone call he then phoned me, pleading his case. Why didn’t he contact me when the insurance company contacted him last Monday. I’ll email the RTB and see what options are open to me and if the worst comes to the worst, then it will have to be "terminating a tenancy before a Further Part 4 tenancy commences", next year.
 
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