Did your sister contact the CWO to ask if the RA will now be trasferred to her instead of the tenant as this person is still occupying the property?
She should also send the CWO a copy of the PRTB judgement against the tenant to prove that she is in breach of her tenancy agreement.
Has she contacted the PRTB to inform them that the situation has now escalated? It is the PRTB’s policy to prioritise cases where tenants are not complying with valid notices of termination and are in significant rent arrears. Assuming she is successful at the PRTB adjudication hearing, the PRTB will issue a binding Determination Order. If the tenant does not comply with it, she should contact the PRTB and request that they enforce the Determination Order.
I assume they would cut off the RA and the another DSP payments. In my experience the tenant may move to another area to get this turned back on. Also be aware they may transfer any services like ESB, GAS back to the LL and continue to use it, leaving the LL with a bill. You might want to flag this to the companies involved.
Unfortunately I think the tenant knows what they are doing and stringing the LL along.
Your sister should
- pay the blackmailer and end the saga.
OR
-refuse and suffer further loss and stress whilst the tenant stays in situ for ages.
OR
- take the risk of getting someone to put the tenant's stuff outside and change the locks when the tenant is out.
The first option would be the obvious one for your sister who is pregnant and obviously in a distressed state.
Is it rude of me to ask why don't you go round and give the nasty person the deposit back and get her out ?
My wife was horrified but it was necessary to show the non-paying damage-causing tenants that they would be advised not to take revenge - and that is something that you should take into consideration. If the tenant is a nasty crazy person with connections then it may not be the legal consequnces that should worry you.
At the same time a solicitors letter went to the CWO one went to the PRTB to inform them of the situation but no response as yet....
!
I assume they would cut off the RA and the another DSP payments. In my experience the tenant may move to another area to get this turned back on. Also be aware they may transfer any services like ESB, GAS back to the LL and continue to use it, leaving the LL with a bill. You might want to flag this to the companies involved.
Unfortunately I think the tenant knows what they are doing and stringing the LL along.
Can the landlord ring the companies involved and maybe ask them to cut off the services for the time being. A tenant without electricity or heating may leave sooner than they hoped to?
I wouldn't be a bit surprised if the tenant hasn't already transferred those accounts into the landlords name.
Considering that this tenant seems to know / be playing the system, this could prove to be a very costly course of action for the landlord.Can the landlord ring the companies involved and maybe ask them to cut off the services for the time being. A tenant without electricity or heating may leave sooner than they hoped to?
Slightly off-topic but what kind of action can the tenant take if they are owed money from the landlord after a PRTB ruling and the landlord simply refuses to pay ?The landlord had to pay in the region of €10,000 in damages to the ex-tenants and they still owed him money for unpaid rent etc.
Considering that this tenant seems to know / be playing the system, this could prove to be a very costly course of action for the landlord.
There are numerous dispute decisions on the [broken link removed], which have gone against landlords changing locks or cutting off uitlities. I can recall one dispute I read on their website, unfortunately I don't have time to dig it out today, where the landlord evicted non-paying tenants by moving their belongings from the house while they were out and changing the locks.
The landlord had to pay in the region of €10,000 in damages to the ex-tenants and they still owed him money for unpaid rent etc. [broken link removed]
Whatever your sister does, she should record all contact with the tenant - smartphones have this facility and I used it with my troublesome tenant earlier this year.
There's some advice on how to proceed on [broken link removed] And here's the legal standpoint on [broken link removed].
....In the meantime the hope is to get the RA cheque paid directly - no response on that one yet but it would certainly help whilst this mess is being sorted......
Can the landlord ring the companies involved and maybe ask them to cut off the services for the time being. A tenant without electricity or heating may leave sooner than they hoped to?
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