Tenant refusing to move

I am trying to sell my rental property . The house is currently rented . The tenant was provided with 9 months notice., the property is managed by an estate agent who charges me a monthly fee. The same agent will be selling the property for me . The agent is advising me the tenant can’t find accommodation elsewhere and they are trying to find them a place . I believe thd issue here is the rent is was charging was below market rates and they now can’t afford the current rates . The tenant is on HAP. Bar sit and wait for the tenant to find a place is there anything I can do ? I am dissatisfied given the lengthy notice period provided . They have had enough time to find a solution and I want to sell up .,

I feel your pain.

I’m afraid this is one of the negative consequences of rent controls - tenants that benefit from below market rents are hugely incentivised to overhold.

The first step in the process is to look for a determination order from the RTB. You need to be sure that you have fulfilled all statutory requirements in framing your termination notice.

Then you can go to Court to enforce the RTB determination order and ultimately move to evict your tenant. The RTB may assist with the enforcement process but that’s at their discretion.

I’m afraid you will need to be patient - the whole process can take over two years to complete.

Alternatively, you could try bribing the tenant to leave. That may or may not be successful.

Sarenco said:

I feel your pain.

I’m afraid this is one of the negative consequences of rent controls - tenants that benefit from below market rents are hugely incentivised to overhold.

The first step in the process is to look for a determination order from the RTB. You need to be sure that you have fulfilled all statutory requirements in framing your termination notice.

Then you can go to Court to enforce the RTB determination order and ultimately move to evict your tenant. The RTB may assist with the enforcement process but that’s at their discretion.

I’m afraid you will need to be patient - the whole process can take over two years to complete.

Alternatively, you could try bribing the tenant to leave. That may or may not be successful.

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Offering the tenant a cash incentive to leave is a perfectly legitimate and legal option. It might well be a pragmatic solution that works to the advantage of all.

"Bribe" could imply some level of illegality. This isn't the case here.

Baby boomer said:

"Bribe" could imply some level of illegality. This isn't the case here.

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Fair enough - I didn’t mean to imply that the payment would be illegal.

Mind you, calling it a cash incentive doesn’t sound right either - after all, the tenant is defaulting on their contractual obligation to quit the property.

Sarenco said:

Fair enough - I didn’t mean to imply that the payment would be illegal.

Mind you, calling it a cash incentive doesn’t sound right either - after all, the tenant is defaulting on their contractual obligation to quit the property.

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Very true. Although there's a complex interaction between the contractual rights and obligations of the parties and the statutory rights and obligations created by the Residential Tenancies Act. The latter sometimes override the former.

Baby boomer said:

Very true. Although there's a complex interaction between the contractual rights and obligations of the parties and the statutory rights and obligations created by the Residential Tenancies Act. The latter sometimes override the former.

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It does indeed but the OP is still legally entitled to the return of his property with vacant possession.

The problem, of course, is that the process for enforcing that entitlement is wholly inadequate.

Sarenco said:

It does indeed but the OP is still legally entitled to the return of his property with vacant possession.

The problem, of course, is that the process for enforcing that entitlement is wholly inadequate.

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If the law does not allow a process to enforce a right, does the right exist.

Not a philosophical question.

If the tenant is overloading is the landlord obliged to provide electricity, water, broadband etc. to the premises?

Is there any reason why the landlord cannot paint/redecorate his property?

Is there any reason why the landlord cannot sell their property which is on the premises, cooker, beds, TV etc?

cremeegg said:

...why the landlord cannot sell their property which is on the premises, cooker, beds, TV etc

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I am reasonably certain this would be construed as harrassment and would put you on the back foot, at best; or subject to proceedings at worst.

Taking the law into your own hands rarely ends well.

cremeegg said:

If the law does not allow a process to enforce a right, does the right exist.

Not a philosophical question.

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Well, the law does allow for the enforcement of rights so it’s a moot question.

The fact that the process takes far too long to complete is the problem.

cremeegg said:

If the tenant is overloading is the landlord obliged to provide electricity, water, broadband etc. to the premises?

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Electricity bills, etc., would generally be in the name of the tenant.

cremeegg said:

Is there any reason why the landlord cannot paint/redecorate his property?

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No but what would that achieve?

cremeegg said:

Is there any reason why the landlord cannot sell their property which is on the premises, cooker, beds, TV etc?

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Yes, assuming they formed part of the let property.

Tenant still in the property. Dispute lodged with rtb. Lease is now well expired. Hap portion of rent stopped . I need the tenant gone so I can sell . Any advise ? With no rent now being received I need a resolution and fast

Introuble83 said:

Any advise ? With no rent now being received I need a resolution and fast

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Offer them a cash inducement.

Something like deposit on new place and first month's rent.

It's a disgrace that landlords' rights are so difficult to enforce. But in the scheme of things it'll be worth your while.

NoRegretsCoyote said:

Offer them a cash inducement.

Something like deposit on new place and first month's rent.

It's a disgrace that landlords' rights are so difficult to enforce. But in the scheme of things it'll be worth your while.

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Seems to be the most feasible option but the idea of having to do this is very upsetting and frustrating. Terrible that this seems to be my only option. The longer it drags on the more money I’m losing .

Why has the HAP portion of the rent been stopped. Will the tenant receive HAP support in a new property.

With HAP support the tenant pays very little from their income toward the rent. If HAP have withdrawn from supporting the tenant, it would at the least involve a process for that to be reinstated. What prospect does the tenant have of getting new accommodation without HAP support.

A few months rents is no incentive for them to move.

cremeegg said:

Why has the HAP portion of the rent been stopped. Will the tenant receive HAP support in a new property.

With HAP support the tenant pays very little from their income toward the rent. If HAP have withdrawn from supporting the tenant, it would at the least involve a process for that to be reinstated. What prospect does the tenant have of getting new accommodation without HAP support.

A few months rents is no incentive for them to move.

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cremeegg said:

Why has the HAP portion of the rent been stopped. Will the tenant receive HAP support in a new property.

With HAP support the tenant pays very little from their income toward the rent. If HAP have withdrawn from supporting the tenant, it would at the least involve a process for that to be reinstated. What prospect does the tenant have of getting new accommodation without HAP support.

A few months rents is no incentive for them to move.

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According to the agent the tenant advised the social welfare she was leaving 31/12 when the lease expired and they therefore cancelled . Perhaps a HAP requirement is an up to date lease . She is now saying she cannot find anywhere which may well be true. Nonetheless, she needs to move on so I can sell

Forget selling, your problem is getting vacant possession of your property. Only when you have that done can you even think about selling.

The fact that the HAP stopped because she gave notice, rather than stopped paying them her share is good news, she is not in default with them so they should support her in a new lease without too much trouble.

As HAP are no longer paying she will have to pay the full amount of the lease herself directly now. While this may seem unrealistic I would demand the rent regularly, see RTB website for sample letters.

I would also tell the tenant that unless she moves out you will report to HAP that she is overholding. HAP can be slow to support tenants who have breached leases in the past. She will understand that you will eventually get possession and if she can no longer rely on HAP she will be in a worse situation. I would be slow to actually do this however.

If you increase the pressure slowly like this, demanding rent due, talking about reporting for overholding etc. she will eventually find a solution. You hope!

Who needs to be demanding and threatening to simply get what you are legally and morally entitled to. This is why I never rent to families.

cremeegg said:

A few months rents is no incentive for them to move.

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Everyone has a price.

For the OP is may be more cost effective to go the bureaucratic route, they know what makes sense economically for them. But it strikes me they are in a hurry.

I wouldn't rule out a cash incentive if it gets them to the same place quicker.

Regarding rent arrears, you should serve a notice on the tenant if the arrears situation is not resolved.

I'm hoping I don't find myself in a situation like this later this year.
I contacted the local council to see would they be interested in buying my property and keeping the current tenants on.
They didn't say no, they said it can be done in certain circumstances.
I was supposed to contact them in January to see if they had funding for 2022.... forgot about it, must get moving as its quite possible I'll end up in a situation like yours.