tenant has paid no rent this month

feelinglow

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i have issued my tenants with a 14 days notice to pay their rent, if not i will issue them a 28 day notice of termination. my question is can i legally enter my property on the 29th day even if the have not moved out. I have also sent them a 7 day notice of inspection which i am due to carry out tomorrow, they have just texted me now at 7pm to say this does not suit them which to me is too late to cancel at this stage. I have decided to carry out inspection but i know they will be there and may refuse to let me in. I am in fear of these two guys as the have verbally abused me before and the also have a huge german shepard in the house. Having this dog in the house is another breach of lease plus it is a non smoking house and one of them is smoking inside. please please help
 
Re: tenant has payed no rent this month

Consult a solicitor as any false move on your part could mean you being out of pocket for a considerable sum of money if you violate the tenants rights.
 
Re: tenant has payed no rent this month

I contacted the PRTB board so the told me to send notices i4 days to pay or if the don't pay give 28 days termination. I really need entery to my property as i believe they are up to something so i sent 7 days notice of inspection but they are refusing me entery with one days notice, can i just let myself in even if they are at home as i'm doing everything by the book
 
Re: tenant has payed no rent this month

Hi,

Welcome to AAM.

This previous thread might help.

You may find something useful on www.prtb.ie

If you run the search option in this forum you may find some other relevant threads.

[broken link removed] on the Threshold site might offer advice also especially the Landlord's Rights section.

If I was as frightened as you I would also ask the Gardai for advice especially in light of the dog.
 
Re: tenant has payed no rent this month

Thanks Sue
checked This it states landlord is only allowed enter with tenants permission. I can't see this as been right as i had to give them 7 days notice by law. Tommorrow is day i inspect and the only texted me this eve and cancelled. Can i not inspect my own property if the are out. Took your advice called Gardai and the will come out if i need back up but the state it is a civil matter
 
Re: tenant has payed no rent this month

yes i gave 7 days notice i posted one and hand delivered the other so they couldn't state the did'nt receive them. Heard nothing till this eve when the texted to cancel.
 
Re: tenant has payed no rent this month

You do not have the right to inspect the property and you do not have the right to take back the property no matter how correct the notices you have sent are. I recommend you contact a solicitor (who has done this before) to ensure that you do everything legally as these people clearly know what they are at (dog, smoking, refusing entry, refusing to leave) but I could be wrong. Not sure that hand delivery would be accepted as legal, registered post is more correct. There is one organisation that can help you on the right road and that is the Irish property owners association (you'll have to google).

Just curious what has the PRTB told you to do when the notice period is up?
 
Re: tenant has payed no rent this month

hi feeling low,
This might not be the pc way of doing it but i will tell you my experience. Had a tenant who stopped paying rent. I gave a notice of inspection and then a termination to no avail. It went to enter the house but the locks were changed. Me not happy. I got 2 of my larger friends to stand by while i took a sledgehammer to the door. The Gardai were called to this "breaking and entering" and after explaining and proof of being the landlord they left saying it was a civil matter.
After i left all their stuff outside under cover and screwd thr doors shut. I havent heard a thing from the tenants since.
Sometimes it is all these people understand. I heard later that they do this the whole time move from house to house until they get thrown out
 
Re: tenant has payed no rent this month

hi feeling low,
This might not be the pc way of doing it but i will tell you my experience. Had a tenant who stopped paying rent. I gave a notice of inspection and then a termination to no avail. It went to enter the house but the locks were changed. Me not happy. I got 2 of my larger friends to stand by while i took a sledgehammer to the door. The Gardai were called to this "breaking and entering" and after explaining and proof of being the landlord they left saying it was a civil matter.
After i left all their stuff outside under cover and screwd thr doors shut. I havent heard a thing from the tenants since.
Sometimes it is all these people understand. I heard later that they do this the whole time move from house to house until they get thrown out

Worst advise I have ever seen on this site.

Op, don't do anything as suggested here.
 
Re: tenant has payed no rent this month

Nediaa's advice may not be the worst advice from a financial standpoint. The OP will discover that the PRTB is useless if the tenant so decides, he could be without rent for a year or more, incurring mortgage costs meantime and legal costs to get them out. The PRTB may order against the tenant and for the landlord but the tenant may not pay up. Basically the tenant can quite easily ignore any orders the PRTB issue.

If he illegally evicts them he may be fined by the PRTB, I read one case of where the order was for 20K but this should be priced against a year of no rent etc.

There was a person from Threshold on the radio a few weeks ago and that person made the point that all a landlord had to do in a case such as the OP outlined was serve notice and the tenant would be out in a month. Well I don't know what planet he is on but this doesn't work with people who don't want to work by the rules.

My worst tenant ever I gave the deposit back to, despite the damage they had done, just to get rid of them. They also were physically threatening and called in relations as heavies for my agent and spouse, two well mannered people in their 50's. Much good the PRTB would have been to me or them.

I would have no problem if the PRTB had teeth. We've seen it time and again here on AAM.
 
Re: tenant has payed no rent this month

the tenants have not directly connacted me to cancel inspection, the have informed my agent whom i hired to deal with them. She told them that i do have right to inspect as i wrote in my notice that i was taking a workman with me to inspect the windows that they complained were drafty. I also called PRTB what a joke, she said if the don't give me permission to enter i cant enter, i have to send in a disputes form to deal with this whole sorry account. she couldn't tell me how long that would take,it seems to me the landlord has no rights. I'm going down to the house tonight and if i get abuse i have the gardai on standby as the also can't believe that i have no rights to kick them out
 
Re: tenant has payed no rent this month

OP, if you're in a position to lose 12 months ( min ) rent go with the PRTB, if not, follow Nediaaa advice.

People who tell you that's it the worst advice ever posted arn't about to lose a shed load of money.
 
Re: tenant has payed no rent this month

thanks all, they cancalled but have agreed to meet me tomorrow night instesd plus the said the would move out on the 18th of sept, my agent is drafting papers up now for them to sign, just wondering now should i send them the 28 day notice when the 14 day notice is up. They have agreed to pay the rent weekly till they move
 
Re: tenant has payed no rent this month

With troublesome people, I sometimes get some big guys to knock on the door and ask them when they are moving out. They get the message.


If they are only canceling your inspection appointment by text, then who is to say you got or read the text. The appointment still stands.
 
Re: tenant has payed no rent this month

Unfortunately the law is such a joke it's the only way. The law is quite simply biased and unfair. It's even worse with commercial tenants who don't play fair.
 
Re: tenant has payed no rent this month

With troublesome people, I sometimes get some big guys to knock on the door and ask them when they are moving out. They get the message.

Not everybody has access to "big guys" or even wants to go down that route.

I think the way the OP is trying to sort this problem out is the right and legit way to go. He should carry on as he is and ignore some of the crazy "advice" he's been given.
 
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