Tenant late with rent numerous times.

Can i get a bit of advise here please?

Married family moved into my house mid Aug 07. They have been late a few times with rent. I allowed R/A and i signed their FIS forms etc. not sure what to do here now... she text me this morning stating her husband is now fully out of work and that i need to call to them to sign more forms for the social welfare officer. i live just over an hour from them so i said it would be the weekend or they could post up today for me to review (and sign) and i`d post it straight back. She got a bit snotty with my txt and said well the rent is gona be late so!

I informed her under no circumstances can rent be late AGAIN! and that i would write to her giving her notice of termination if it wasnt in the bank next monday.

Can i just add - Im a very good landlady to her... I bought her a brand new washing machine because the old one was a bit crappy but in working order. Her son tore down a glass cabinet in the hall which i said nothing about and i had to drive down to her to take it away!!! Her rent has been late now 3 times and shes only in the house since aug. I also cut the lawn for her every 2 weeks at the beginning because she said she didnt have the money for a lawnmower. (not too sure what she plans on doing next summer)

So, if her rent is late next monday do i serve her notice or am i being a bit cranky? In the least its states she can be served with 5 days notice. She signed this with no problem...

Please advise

Thanks

SS.

What does the lease agreement (if any) say about this? What do the PRTB allow?

ClubMan said:

What does the lease agreement (if any) say about this? What do the PRTB allow?

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It states i can serve them 5 days notice. I havent called the PRTB yet... Should i?

i need my rent the same way the mortgage co need my mortgage repayments each month.

What should i do?

If it were my house I would serve her with notice. Not sure that 5 days is sufficient even if it is in your lease agreement though. The norm is 30 days as per guildlines from PTRB or Threshold.

It is your house, you paid the stamp duty, paid your tax on the rental income and paid the PTRB to register the tenancy. Too often landlords are taken for a ride with absolutely no come back.

SS - I think you have to allow both time and cost for managing the situation. If you can't afford the time, then maybe use a courier or taxi to tranport the documents up and down the same day. If she has not agreed in the lease to cut the lawn, then it's up to you if you want to maintain the property. If she's regularly late with the rent, then set up direct debit, or call around for the cash on a weekly basis. Any which which way, there can be a lot of unanticipated time and cost involved in managing residential lettings.

Bob

from a personal opinion I would serve them with notice, as they are only there since aug 07 and have been late with the rent the last 3 times (its only been 3 months so 100% late). Serve them with notice, as they are there such a short time 28 days in enough, or have them agree that all cheques issued will be directly to you. The whole thing sounds like a nightmare, good luck with it.

Length of tenancy Notice by landlordLess than 6 months 4 weeks (28 days) 6 months to a year 5 weeks (35 days)1 – 2 years 6 weeks (42 days) 2 – 3 years 8 weeks (56 days)3 – 4 years 12 weeks (84 days)4 years or more 16 weeks (112 days)

Where they just a few days late or how late were they?
If they were just a few days late, I wouldn't throw them out, at least they are paying.
If you throw them out, you have to find new tenants, which will cost money and you are not sure if you'll find new ones without a break in occupation, which also means no rent for this time.

thanks for all opinions.. i do appreciate it

Bob tg - i think u need to go back and read my post again. You may have misread a few things there.




As for them being late with rent, it was only a few days to be fair. but has happened a few times. If i decide to go ahead i`ll certainly give them more than 5 days notice, they have 4 young kids in the house with them.

Another Q - Is the deposit for breakages only or can i use it for rent? I`d be against using it for rent as i`d have no come back when they move out etc. (as in theres no money to allow for any damages and they`ll simply move on allowing me to pick up the tab).

just to note - they pay by DD every Monday. I asked for it to be paid monthly but she wanted weekly. I agreed to this. Rent has gone in each monday but its bounced again a few days later because of insufficient funds in her account.

(im not bumping up posts - i forgot to add this in my previous post)

GET RID ASAP - once they are in the house six months its nearly impossible to get them out. If you have problems now what chance will you have once they are in the house six months.

PRTB is a laugh - only another money making machine. The landlord seems to have no rights anymore.

NHG said:

The landlord seems to have no rights anymore.

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Not true:

[broken link removed]
PRTB - Tenants Rights & Obligations
[broken link removed]

I sought advise only an hour ago from my solicitor. Hes going to write to them for me (FOC) informing them that although we accept they are in a sticky situation they have until the 12th Nov to pay up in full or they will be served with 5 days notice.

I do feel a bit sick doing this...

shootingstar said:

I do feel a bit sick doing this...

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ShootingStar you have absolutely nothing to be sick about. You have every right to expect to be paid on time. The fact that she'e getting snotty with you on the phone and says "well the rent will be late" says alot about her. I would get rid of her myself and you need to do it quickly.

The reality is, if they stop paying the rent, it could take you many months to get them out. The prtb, health boards, gards etc. won't be rushing to help you get them out.

I wouldn't accept a RA tenant again. I think you have a higher chance of getting tenants who couldn't give a damn about you, your rent or your property. My prefernece would be for European Non Nationals.

just to note - they pay by DD every Monday. I asked for it to be paid monthly but she wanted weekly. I agreed to this.

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That's your mistake there.

She's obviously lodging the social welfare cheque into her account. You should ensure that she gives this directly to you each month, and signs the back of it.

leghorn said:

That's your mistake there.

She's obviously lodging the social welfare cheque into her account. You should ensure that she gives this directly to you each month, and signs the back of it.

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Leghorn.... Your post has knocked me off my feet. Do you mean to tell me that the R/A cheque should be paid directly to me??? I was NEVER aware of this!!! Holy Sh...

shootingstar said:

I do feel a bit sick doing this...

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Dont feel a bit sick - this is a business agreement. If you were selling a car and someone wouldnt hand over the cash when they said so you wouldnt feel bad for not selling it to them.

You have a tenant who made an agreement with you to rent your property for a set price and pay the money on a set day each week. The tenant is not upholding their side of the arrangement. So you get rid of them and get a new tenant. Sure - there may be valid reasons why the tenant has money troubles, but in the relationship you have with the tenant this is not your concern. Youre not running a charity here.

Good luck to you with it - you sound like a very reasonable landlord, I hope you get some better tenants.

Totally agree with NHG, get rid of them, its too early for any rubbish to occur, you have obligations to the bank and the PRTB are way too slow. Get them out now, dont listen to people about goin without rent and having to replace people.. thats just crap.. you need control of the situation even if cost you... wondering if you will get rent is in my opinion while someone avails of the facilities is a worse situation than knowing you wont. Throw then out

Thanks so much. Ive had a few sleepless nights over this, this week. My solicitor drafted a letter for me... see below....

.......
With reference to the letting herein I cannot relax the terms of rent payment as you request. If you make arrangements to forward forms to me for signature I will of course review them and sign and return them if appropriate. I expect that if you are now applying for further/full rent allowance that arrangements will be made for the relevant cheques to be forwarded directly to me from the HSE.

You signed a letting agreement however and I expect the terms of it to be met one way or the other. You have been late twice with rent payments (24th Sept 07 & 10th Oct 07).Your suggestion that you expect rent to be late next Monday is not welcome as I have mortgage payments to make without any concessions.




Yours faithfully
.......


I posted this letter yesterday to them. Actually my morning was going ok until i logged in here and had to think about it all over again. I wish this wasnt happening to me. I dont think im cut out ot be a stern L.Lord. Im hoping it`ll quietly go away i suppose.... I know there gonig to get the letter today so she`ll be ringing me later this morning. Theres no way i can pick up the call to her. What will i say????

SS

Maybe easier said than done SS, but I would remain (or at least attempt to reamin) dispassionate about the whole thing - don't engage with her on argumentative tangents (which will arise).

She probably won't like the tone of the letter but there's absolutely nothing confrontational in the contents.

If she gets all annoyed simply and quietly ask her exactly what her problems are with the letter - her problem will probably just turn out to be that she recieved a letter at all. She will sound incredulous as to why you have engaged a solicitor - I would simply state that you wish to keep things "business-like and official".

Good luck - and keep calm!

I have a couple of social welfare tennants. The social welfare payment comes in every thursday directly into my bank account and the tennant then lodges the top-up amount in weekly (1 lady monthly as she has a pension coming in from the states monthly).

Like you I would prefer my rent monthly, but the social welfare will only do it weekly - but no problem its there every thursday morning when I log into my a/c. Even at christmas the double amount will be paid in before the holidays, its sure'r than a regular tennant. Social Welfare also pay part of the deposit for the tennant.

Why should you go down to sign papers (yes, we all do it for an easy life and to make sure we get paid) - but its up to her to get the paperwork to you. Don't be under any complement.

Make sure that all utility bill's are in her name and not yours or you could be left with a nice little tail there as well.