Tenant has not paid rent since March 2020

lostman

New Member
Messages
1
Hi all

My tenant has not paid rent since March 2020 and I am paying my mortgage so I am in financial stress. She is from Poland and works in a local supermarket. She travelled to Poland before the lockdown and she is not able to come back to Ireland as there is no flights available.

I am worried that rent is piling up and I might not get paid so can somebody please help me guide what should I do?

thanks
Gaurav
 

cmalone

Frequent Poster
Messages
409
Well it’s likely that tenants all over have possible issues - have you engaged- what is she saying ?
 

Brendan Burgess

Founder
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40,245
I don't think that there is anything you can do except ask her nicely to pay.

I think that the legislation put a ban on court action for rent arrears?

Does that apply to the RTB?

Brendan
 

NoRegretsCoyote

Frequent Poster
Messages
1,308
I think @lostman should talk to his bank about his options.

This is what Department of Housing said in March.

Moratoriums on evictions and rent increases are being introduced for the duration of the Covid 19 emergency, to ensure people can stay in their homes during this period
 

dereko1969

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2,721
OP should get a moratorium from their bank. Then talk to tenant to see if they intend coming back or not.
 

NoRegretsCoyote

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She is from Poland and works in a local supermarket. She travelled to Poland before the lockdown and she is not able to come back to Ireland as there is no flights available.
Her story is dubious.

She could travel via a UK airport if she really wanted to.

Likewise, if she has a job in a supermarket they would be throwing hours at her.
 

cmalone

Frequent Poster
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409
Be mindful that lady could have ‘caring ‘ responsibilities in her home country - it’s a scary time for people everywhere.. . Landlord should engage with her directly
 

Baby boomer

Registered User
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205
The worst of all worlds for the OP is to do nothing and let time to by. The arrears will build up and the tenant can't be evicted. When "normality" returns, the RTB will be overwhelmed with a backlog of cases and there will be huge delays. The tenant may take a view that she can over hold as long as possible, and this will cost the landlord dearly. The OP needs to make contact ASAP with the tenant and ask her what are her intentions. She may want to come back or she may not. If she doesn't want to come back, she will probably agree to terminate the lease.

Realistically, the rent arrears are unlikely to be recovered, but at least the property is available to re-let. If she does want to come back, then a discussion needs to happen about when, rent arrears, and how this might be paid or forgiven. If the tenant is serious about returning, she should be willing to make even a token payment. Because of the moratorium, it is worth the landlords while to make a deal of some sort. A bad deal is better than no deal, but if they tenant can't be contacted or won't engage, then the OP needs to send a notice of default and start preparing a case for eviction proceedings at the RTB when the moratorium is lifted.

It is of utmost importance that the OP document each contact or effort to make contact. All ducks will need to be lined up in a row for the RTB.
 

fidelcastro

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111
Flights landed in London today from Poland and others took off for Dublin.

I am not advocating travel but she isn't trapped.
You don't know the circumstances. She could be CV positive, recovering, be in quarantine or looking after a vulnerable person.
Travel is for essential purposes , travelling cross Continent to stack tins of beans in an Irish store isn't essential, at this moment of global pandemic, or has this small fact been forgotten
 
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Gordon Gekko

Frequent Poster
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4,136
Perspective required.

A landlord needs to have dialogue with his or her tenant.

A landlord needs to hit his or her bank up for a moratorium.

In this Covid-19 world, it is silly to make assumptions regarding people’s circumstances.
 

Bronte

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13,811
We've employees stuck in Poland where I work. They can't get back, via the UK or otherwise.
I know of people who have been moving around in different countries. Plus, there are exceptions, reasons to move. A job would be an exception. And anyone who really wants to can get back.
 

Saavy99

Frequent Poster
Messages
390
Hi all

My tenant has not paid rent since March 2020 and I am paying my mortgage so I am in financial stress. She is from Poland and works in a local supermarket. She travelled to Poland before the lockdown and she is not able to come back to Ireland as there is no flights available.

I am worried that rent is piling up and I might not get paid so can somebody please help me guide what should I do?

thanks
Gaurav
It's very unfair on you and the law is against you. Try to make contact with the person concerned see if something can be sorted. No rent since March and now Mid May, I do sympathise with your position. Had this person paid a deposit?.
 

Sarenco

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6,094
If I was in the OP's shoes, I would change the locks and try to re-let the property.

The property has been vacated, with rent outstanding, so this is perfectly legitimate.

Section 37(2) of the Residential Tenancies Act 2004 provides that a tenancy will be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if -

(a) whether before or after the end of that period, the tenant has vacated the dwelling; and
(b) no notice of termination has been served by the tenant in respect of the tenancy.

That provision has not been impacted by The Emergency Measures in the Public Interest (COVID-19) Act 2020.

The OP can obviously retain part or all of the deposit to cover the rent arrears. I would write off any arrears over and above that amount.

It probably makes sense to advise the tenant of this course of action as a matter of courtesy.
 

fidelcastro

Frequent Poster
Messages
111
If I was in the OP's shoes, I would change the locks and try to re-let the property.

The property has been vacated, with rent outstanding, so this is perfectly legitimate.

It probably makes sense to advise the tenant of this course of action as a matter of courtesy.
Charming..
 

fidelcastro

Frequent Poster
Messages
111
I know of people who have been moving around in different countries. Plus, there are exceptions, reasons to move. A job would be an exception. And anyone who really wants to can get back.
We dont know the circumstances. With this approach, we might as well call it a day and open up 100%. What was the point of last 2 months of lockdown and massive financial expense locally of tens of billions - ah grand.?
 
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