Tenant refuses to leave

D

DOR64

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Since 2009, a childhood friend of my husbands has rented a mobile home from us. Last year he got into arrears with rent, claiming he was waiting for social welfare payments to arrive. After many excuses and promises he eventually admitted to not having even made a claim with SW. I helped him out with application for claim, medical cards etc and once sw money came through he started to pay rent again, but not arrears. Six weeks ago he stopped paying rent again, claiming his sw was stopped, he lost his card etc etc. We have asked him to move out but he refuses to go....
Help !. All agreements were verbal . All rent was declared for tax purposes however I have only discovered the existence of PRTB this morning ! Any advice ?
 
As he's still living there you can still register with the PRTB. Not that that will be much good, but you have to go down the legal route of sending him notice and you don't want him making a claim against you via the PRTB.

Presumable as it's a mobile home you do not have a mortgage and therefore won't get caught out by revenue on this. Not sure about the NPPR for mobile homes.

Alternatively you can appeal to his better nature, help him to claim rent allowance and get him to agree to have it paid directly to you. Otherwise he could stay there rent free for years.
 
If there is no written rental agreement in place, does he have the same rights as if there were?
 
He has statutory rights (and obligations). Really, the lack of a written lease is not a problem here. But as Bronte says, get registered with the PRTB as a precursor to any further moves.


Termination for breach of tenancy obligations (see section 67 of the act)
If a tenant breaches his or her obligations under the Act, then 28 days’ notice needs only be given, regardless of the duration of the tenancy. This should be preceded by a warning notice, allowing a reasonable opportunity to remedy the breach if it is a tenancy of 6 months or over.
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Write to the tenant via registered post requesting they remedy the rent arrears immediately. Follow this up with another registered letter serving notice of termination on grounds of non-payment of rent (assuming he doesn't pay). Then hope that he leaves.

It may be worth a solicitor's letter and advice. The best hope is that he can be scared off. If he's stubborn, or just aware of the impotency of Irish Tenant and Landlord law, then it may take a very long time to remove him by legal means.
 
If the OP and husband wanted to sell the mobile home would they have any extra leeway in removing the tenant?
It doesn't sound like they are likely to recover any rent at this point and are just hoping that the tenant leaves. Given that it seems this might be a somewhat lengthy process during which they would be receiving no rent it might be better to sell it if this enabled them to remove the tenant quicker.
 
badbrian said:
If the OP and husband wanted to sell the mobile home would they have any extra leeway in removing the tenant?
It doesn't sound like they are likely to recover any rent at this point and are just hoping that the tenant leaves. Given that it seems this might be a somewhat lengthy process during which they would be receiving no rent it might be better to sell it if this enabled them to remove the tenant quicker.
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It doesn't. The legislation is quite clear on this matter - if a tenant isn't paying rent then they are in breach of their obligations and can be served notice to quit. You don't need to be selling, renovating or burning the place to the ground. They should leave.

The trouble starts when they don't leave. If the tenant refuses to leave, it matters not a bit (that I am aware of) what the landlord's intention for the property/dwelling is. The tenant isn't meant to be in there full stop. But they are. And there is no adequate, legal, prompt measure available to remove them.

Perhaps the OP could make the home "mobile" again and drop the tenant off to a less pleasant location.
 
Bronte, mobile homes aren't liable to NPPR charge, so fortunately, OP won't be hit with a huge bill for that.
 
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