Tenant stopped paying rent: what can I do

bacchus

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ssiaman,
Would it be an option for you to temporarily moved back into your rented property? it may be the "easiest" way to get your tenants out. I think this is one of the valid reason to cease tenancy while still complying with PRTB...assuming you register first.
 

murphaph

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I think the reason some people advocate moving back in to the house is because the fines for illegal eviction are very high and the PRTB give these cases priority (upto seeking injunctions on behalf of non-paying tenants: very costly business for the landlord even if he were to somehow win the court's favour!). Moving in is clearly a breach of contract but I don't believe the PRTB fasttrack such issues nor seek injunctions, because nobody is on the street.

The advice to follow the system is easy to give when it's someone else who has a property in neg equity, with mounting mortgage arrears and no way of paying them unless their tenant does the decent thing, pays the rent or leaves. A person could quite easily see their house lost due to a bad tenant, the question at this stage is what risk is bigger etc. and it has to be looked at.

Even if the OP follows the procedures to the letter and the PRTB finds in his favour, and then he can go to court (because the PRTB won't do that for you unless you are a tenant) and then eventually gets an order for possession, he will NEVER get any money back from this period, which could easily add up to 20 or 30 anyway.

I see moving back in as a middle ground tbh.
 

sadie

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Did you contact her Community Welfare Officer at the local Social Welfare office?
Do you know for certain they have cut off her Rent Allowance?

If she is in your house then they should be paying the Rent Allowance directly to you.

Tell them unless they pay you directly, she will be evicted from the property.
 

elcato

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I have read this thread today and I see one thing missing. You didn't register with the PRTB and you have the bills in your own name. Why ? Tax evasion is the only conclusion I can come to. Perhaps you can explain ?
 

murphaph

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I have read this thread today and I see one thing missing. You didn't register with the PRTB and you have the bills in your own name. Why ? Tax evasion is the only conclusion I can come to. Perhaps you can explain ?
Bit of a stretch there. If I was a tax evading landlord I wouldn't touch tenants on rent supplement with a barge pole.
 
M

mercman

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or go on a forum where the Revenue could obtain a Court order to obtain details
 
Z

z104

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If you have a tennant "living with you" then no need to register with the PRTB
 

AlbacoreA

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Seems like no matter what a landlord does, hes the only one out of pocket here.

No the tenant because they have no money, and not the HSE.
 

murphaph

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With all due respect, it really doesn't matter how you see it. What matters is how the courts would see it. Have you checked this out before you give the advice?
Then pray tell: What would you advise and please put an approximate cost on your advised course of action (asuming say the rent is 1k per month)....

My family has seen this before: a sitting tenant (commercial this time) taking full advantage of the painfully slow legal system and ratcheting up TENS OF THOUSANDS of Euro in unpaid rent which will never be recovered. There comes a point when a landlord has to weigh up the likelihood of being sued by the tenant/PRTB (and the costs associated with that) and the likely lost rent he will endure while the legal system ponders his case.

It's easy to give advice, when one has never been in that position I suppose.
 

Complainer

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Then pray tell: What would you advise and please put an approximate cost on your advised course of action (asuming say the rent is 1k per month)....
I would advise going to a solicitor, and taking their professional, legal advice on how to solve the problem.
 

AlbacoreA

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That highlights the problem with the current system. The numbers don't add up for landlords. Its a business after all.
 

murphaph

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I would advise going to a solicitor, and taking their professional, legal advice on how to solve the problem.
I know what their professional legal advice will be. It will be to register a complaint with the PRTB and sit it out and wait for that agency to get to you. Then when the PRTB rule in your favour and the tenant refuses to leave, you can then treat yourself to the expense of taking a case against them in the district court. The tenant can of course just ignore it and then when the district court rules against them in absentia they can fire in an appeal to the circuit court and wait for them to make a ruling. When they eventually rule against the tenant the tenant will give up as the costs of the high court are too high and they'll need cash up front for that. But only after the circuit court orders an order for possession will you be able to call the Sherriff and actually get them out. This will all take its sweet time.

You could easily be looking at a couple of years of lost rent (perhaps 24k) and your legal fees on top of that (easily another 5k). So, you could be looking at a good 30k without breaking a sweat. I know, we have our circuit court date in December (applied for it in March). I'm not sure if you're a member of the legal profession, but I can tell you from bitter experience, the law is an ass!
 

Complainer

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I'm not sure if you're a member of the legal profession, but I can tell you from bitter experience, the law is an ass!
You may well be right, and I don't have direct personal experience of these matters to draw from. However, any advice to take the law into their own hands is pretty asinine too.
That highlights the problem with the current system. The numbers don't add up for landlords. Its a business after all.


Just wait until they lose the state subsidy to their business via uncapped mortgage interest tax relief in the budget!
 

4th estate

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Given the amount the landlord in this case might lose, has s/he considered making a pay off to the tenant to get out?

I know someone who did this, and it worked within 2 days of the offer!

This sort of caper is a business to some tenants. Then they go home to their country of birth (not Ireland obviously). That was the case, not being racist either with that comment, but that was the situation.

Cut your losses and try it at least.
 

AlbacoreA

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...Just wait until they lose the state subsidy to their business via uncapped mortgage interest tax relief in the budget!
Why is that something to be excited about, and what relevance has it got to this thread, and helping the OP?
 

murphaph

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Why is that something to be excited about, and what relevance has it got to this thread, and helping the OP?
Indeed. SFA tbh.

Many landlords would prefer to go back to the days before the PRTB. They are just a useful delaying tactic for rogue tenants at this stage.
 
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