Tenant may have moved out without letting me know

Ger1966

Registered User
Messages
40
HI all,

I own a property about 100K from where I live. It's been let out to a family (husband, wife and 1 child) for the past 9 years. The rent is due on the 1st of the month and, more or less, it was always paid on time.

The June rent was due on the 1st, but as this was over the bank holiday weekend, I was expecting to see it arriving on Tuesday 4th. I didn't check my account to see if it was lodged and only checked it last Wednesday and noticed it wasn't there. I tried calling the tenant but there was no reply; I sent a WhatsApp message but it hasn't been read yet and I also sent a text message, but didn't get a response.

I called one of the neighbours who lives close to my property to see if the tenants are still around. He hadn't seen them but he told me that my tenant told another neighbour that he was going "back" to his home country. I asked if he knew if this was just for a holiday or if it was a permanent move. Unfortunately, he didn't know.

I'd like to get access to the house, but I want to make sure that I'm following the correct procedure. The lease is registered with the RTB, so should I contact them to see what I should do? Or should I go to the local gardai and explain the situation to them and see what they suggest?

Any suggestions / advise on what I should do next?
 

Sconeandjam

Registered User
Messages
34
Don't do anything hasty. This time of year many eastern Europeans go home from 2 to 4weeks. Ring the number you have and message again. Tell them there is no rent paid in the account and when will it be paid? They might only put the mobile on certain times of the day.

They have been with you for many years and have never done this before. They are in the final year of a 6yearlytenancy. You have to give them 14days notice of non payment of rent in writing. Template on the rtb website. Give them 14days plus a day and then send the second notice of non payment and then notice to quit which is on rtb website also.

They could have said they are going home(holiday) not actually relocating home. If they gave been renting from you they more than likely would have told you they were leaving.

You cannot open the door of the property as they are entitled to peaceful enjoyment. If you are near you can message them with 24hours notice that you will be calling over to the property. You can knock at the door and see if they are here.

You have a months deposit as well sitting there so they have rights.
 

NoRegretsCoyote

Frequent Poster
Messages
792
This is a civil matter so the Gardaí will have no interest.

The RTB will not be interested either as the rent arrears are very recent.

I think you need to drive there and knock on the door.
 

Ger1966

Registered User
Messages
40
Thanks, @Sconeandjam. I'll download that template now and fill it in and post it. If they're not in the house at the moment - be that on holiday or completely moved out - do I need proof of delivery? Same question for the second notice (if it comes to that)?

As I said previously, I called, texted and WhatsApp'd to inquire about the late rent, but didn't get any response. If I call / send a text or WhatsApp and ask them if I can view the house on a certain day and they don't reply, what happens then?

@NoRegretsCoyote I only mentioned the RTB in relation to asking for advice and not to initiate anything. SconeandJam has provided the info, so no need to contact them now.
 

NoRegretsCoyote

Frequent Poster
Messages
792
@Ger1966

Registered post costs €8 in any post office and it will tell you online as to whether they've received it, probably as soon as the next day. It's probably cheaper than driving to hand deliver it.

You may end up with the RTB, and a paper trail from the very start proving how you've sought payment will be useful to you.
 

Ger1966

Registered User
Messages
40
Thanks @NoRegretsCoyote. Doesn't a registered letter need to be signed for though by the person it's addressed to? If the tenants have permanently moved back, there won't be anybody there to sign for it, and the letter will just be returned to me.

I should mention also that the neighbour down there is keeping in contact with me and there's no sign of anybody coming in our out of the house.
 

NoRegretsCoyote

Frequent Poster
Messages
792
Thanks @NoRegretsCoyote. Doesn't a registered letter need to be signed for though by the person it's addressed to? If the tenants have permanently moved back, there won't be anybody there to sign for it, and the letter will just be returned to me.
Well that might give you a clue as to whether they've permanently moved out or not.

If they have, to legally take back possession of the property you will have to demonstrate best efforts to seek rent, contact tenants, etc. So a registered letter is good evidence and is pretty cheap in the scheme of things.
 

Nutso

Frequent Poster
Messages
508
Another option that someone mentioned here before is to have it delivered swiftpost rather than registered. Swiftpost doesn't require a signature but has a record of delivery.
 

NoRegretsCoyote

Frequent Poster
Messages
792
@Nutso

This doesn't seem to exist anymore.

From what I can tell An Post just give the options of regular post (no proof of postage or delivery) or registered post (proof of postage and delivery).
 

Palerider

Frequent Poster
Messages
1,406
You had them a long time yet they left with no notice which is disappointing and happens all too often, at least you were on it quickly.
 

Ger1966

Registered User
Messages
40
It's disappointing alright @Palerider.

I'm heading down at the weekend and am not looking forward to seeing what greets me beyond the font door :confused:
 

elcato

Moderator
Messages
3,174
To be fair, the tenant was there 9 years. A lot of wear and tear and assuming not much has gone into it in that time, I would imagine it will be OK. I'd say they were just worried you might hit them with all sorts of bills so they took a chance and just moved on. It may well be a case that there was some repairs necessary over the nine years but they didn't want to say anything for fear the rent may rise. Hopefully worst case scenario is that an esb bill is due.
 

AlbacoreA

Frequent Poster
Messages
3,261
Sadly, this is why three months' deposit should be standard, not one.
I don't disagree but the reality is, they'll just stop paying 3 months earlier. Without a 3rd party bond system deposits are of limited use.

Gives you 3 months notice I guess, when the rent stops.
 
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