Removal of Aggressive Tenant

Mark this is a horrific scenario to have to pay someone to leave like that . poor you
 
To be honest, the stress relief having this guy out of my life is worth it. He is a psycho!! Life is short!!! Interesting question regarding revenue but I can't be bothered. I have washed my hands of him!
 
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Interesting idea. Certainly, it would appear justified and I do have a signed receipt from the recipient.
 
Wow, that is a ridiculous amount of money to give him, but I can see that it is a huge stress relief to have this guy gone, plus it saved you another year at least of torture. It's obvious the man has no morals or even an ounce of shame judging by his carry on. I'm a tenant but I always find it is better to work with the 'landlord' rather than against them. But seems some tenants will go to any lengths. Shame on them (and vice versa in some cases).
 
Would the €10,000 be considered as earnings by Revenue?

And can OP use it as a tax deductible expense ? Think I would put it in anyway and let Revenue challenge it if they want.

Interesting idea. Certainly, it would appear justified and I do have a signed receipt from the recipient.

Sounds a bit hairy putting it in as an expense, but no harm trying. However, I'd say the ex-tenant fully deserves to be shopped to the Revenue about his unconventional "income". The signed receipt is a bit of a smoking gun. I presume you don't have his new address, but is there any chance you have his PPS number on anything?
 
My great fear is that within a few years tenants will have so much power that eviction in some cases will be impossible and the tenant will actually gain adversarial possession of the dwelling. Whats if some day, Ireland voted in a very left wing government. I do understand the need for protection from poverty legislation and being honest I have some sympathy with such policies but I guess one wants to maintain ones hard earned wealth as well. http://www.irishtimes.com/news/poli...e-into-homelessness-committee-hears-1.2661655
 
Can't have evictions in Ireland. The Brits evicted some of our forefathers during the famine so it's now a no-go
 
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I have over last few years made numerous phone calls to the prtb regarding legal tenant evictions and other related issues and I have recorded the their answers in no particular order. I hope this is a useful resource for other landlords. Some of it is minutia but still useful to know.


LANDLORDS MUST REMEMBER THAT NOTICES MUST CONTAIN DETAILED LEGAL CONTENT. EVEN THE MOST DILIGENT LANDLORD MAY MAKE ERRORS. IN ALL HONESTLY – ISSUING A NOTICE WITHOUT HAVING A SOLICITOR REVIEWING IT IS VERY UNWISE!!!!!


What if landlord issues “intention to sell” notice but then decides to move into house himself and let to a licensee / lodger. Does he have to offer this tenancy to evicted tenants? The act only mentions taking in a new tenant but does not cover licensees which would indicate that one is free to proceed.


During adjudication –do parties get a chance to present submissions privately to adjudicator. No – all public


How long after adjudication hearing does one hear result. 2/3 weeks


How long after dispute is submitted is other party notified. 1/2 weeks


Does tenant have access to full tenancy registration form or just the tenancy database? He gets letter confirming his registration but not full details.


Can I be asked in an overholding dispute why I want to sell the house? Possibly


Mediation – does it happen over an hour – a day – a week etc..... 2 - 4 days but this be approx


Is the waiting period for mediation less than adjudication? Mediation - 9 weeks // – adjudication 3/4 months


Can a tenant sue a landlord for allegations made at hearing that landlord cannot prove? Better to have evidential back up


My phone number is private but it must be included in the dispute form. Tenant receives copy of this form but I do not want tenant to have my number. How do I resolve this? Attach a note to dispute form requesting number be kept private


Also, can tenant access my mobile number by looking at registration on PRTB website? No


In a dispute hearing, is either party obliged to submit the questions they intend asking prior to the dispute hearing? No – only copies of documents intended to be used at hearing must be shared.


If landlord issues notice as he intends to move into house, what period must expire before he can let house again. One year lapse and one can do as one pleases.


Is it ok if landlord want to offer tenant payment to leave or could this be interpreted as intimidation? Not prohibited


If a tenant is evicted with an “”intention to sell”” notice and the landlord afterwards changes his mind and decides to move permanently into house – can landlord be sued? Landlord would be in breach but can inform tenant and appeal to PRTB and request permission from PRTB


Does PRTB get involved if tenant does not pay utility bills? Tenant obliged to pay bills and dispute can be launched.


Does failure to stipulate “”3 month requirement”” on intention to sell notice render it invalid? Most likely not omission might not invalidate notice. Sometimes notices with just one simple error are validated and sometimes not.


Is it a requirement on eviction notices that the landlord states that should the “”intention to sell”” not be followed through with that the current tenants have first option should house become available again or is this just presumed? Yes must be included but omission might not invalidate notice. Sometimes notices with just one simple error are validated and sometimes not.


If I issue notice because selling dwelling and then tenant refuses to pay rent – can I issue 2nd notice for rent arrears – does this effect original day notice? Yes – notices can run concurrently

What happens if tenant denies receiving notice letter? Bring witness, deliver in person, take video of delivery

Can I have a solicitor issue the 14 day notice letters to ensure tenant cannot deny receipt. Unusual but can be done

Please clarify meaning of “require house for own use” does it mean that I must have no other place to live or that I simply want to move in myself? New legislation tightening up this issue and declaration document proposed. One PRTB Rep says legally ambiguous and one says “wants” is sufficient.

If dispute opened by landlord – how does PRTB communicate with tenant re dispute? Phone or letter.

Is it advisable to notify PRTB when notice has been issued? Can do so if I wish.

Should I put tenancy registration number on the notice. Can do but don’t have to.

Should I stipulate eviction date exactly on the required number of day expiration or should I choose a date 2 or 3 day after. Better to choose a date 2 or 3 days after to avoid any ambiguity.

If I need to remove multiple tenants in one dwelling for overholding – do I (or PRTB) – take one case against all tenants or a case against each individually? One case against all.

Regarding commitment to sell notice – must I sell within 3 months or just show evidence of intention to sell. Show evidence

What if rent is paid after 28 day non payment notice is issued – does landlord have to withdraw notice? No – landlord does not have to withdraw

Can solicitor represent landlord at adjudication hearing or mediation process? Yes

Having issued 14 day warning for non payment of rent and tenant addresses arrears on last day of month but then fails to pay following months rent by 14th day, must I go through whole procedure again? Yes, procedure must be started again.

If tenant does not leave at expiry of notice – does continued acceptance of rent into my account deactivate notice? Continued receipt of rent by landlord does not deactivate notice or constitute a recognition by landlord of an ongoing tenancy.

If tenant overholds – does this deactivate commitment to sell? No it doesn’t – if house becomes available to let again – tenant must be given first refusal.

If notice is issued on commitment to sell but after tenant leaves the landlord decides to live in the house. Can landlord appeal to have PRTB permit this? There may be some flexibility here?

In a house sharing scenario, does period of notice depend on when each individual entered the house or is each individual entitled to period that earliest tenant entitled to? Each tenant only entitled to period relating to their individual entry date..

Bacause each tenant is only entitled to a period relating to their time in the house – the intention to sell cannot be implemented until longest tenant leaves so the “3 month intention to sell” commitment cannot be met. How does this effect things? Doesn’t effect things as long as I don’t re let the house at any stage. 3 months after last tenant departs is fine.
 
Hey Mark, thanks for the above, very interesting.

Would you be interested in writing up a summary of your experiences we could put up as a Key Post on the topic?
 
If landlord issues notice as he intends to move into house, what period must expire before he can let house again. One year lapse and one can do as one pleases.
The RTA 2004 states:
(i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, ...

So who does one believe?

Thanks for a very informative post, Mark.