Estate Agents Responsibility: Tenant has not paid rent in 3mo.

Re: Estate Agents Responsibility

"This country and the law is a complete joke!!"

Ah now, I don't think thats very fair. Property ownership is just like business - there are up sides and down sides and you need to weigh that up when deciding to be a landlord. Some landlords are lucky and never have any problems and some just have loads of problems because dealing with the public ( i.e. tenants) brings all kind of problems.

mf
 
Re: Estate Agents Responsibility

Thanks for all the replies and information. I am going up to meet her tonight and see if i can reason with her. Social welfare is supposed to be paying her rent and she is obviously not using the money to pay the rent so I dont know if I can go down that road or not.
Been on to the solicitor and I can either go down the legal route which will be costly and could take up to months or just wait on her to go when ever she feels like it!! They said the EA or the guards can do nothing.
This country and the law is a complete joke!!
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The fact she is on welfare is a bonus. Contact her welfare officer and inform them of your circumstances. Get your EA to detail everything that has happened in writing and send it to the welfare officer and cc a copy to your local representative, highlighting the waste of public money etc. Make sure you see a copy first. If your agent is on a managed contract then they should be dealing with it, but for your own sake I would follow everything up. I would also phone your most pro active representative and make a big fuss about public spending yadda yadda
 
Re: Estate Agents Responsibility

mf1 said:
"This country and the law is a complete joke!!"

Ah now, I don't think thats very fair. Property ownership is just like business - there are up sides and down sides and you need to weigh that up when deciding to be a landlord. Some landlords are lucky and never have any problems and some just have loads of problems because dealing with the public ( i.e. tenants) brings all kind of problems.

mf
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[SIZE=-1]"Let him who is without sin cast the first stone"

It's hard to have much sympathy when you too are a law breaker. [/SIZE]
 
Re: Estate Agents Responsibility

KAZZA said:
...This country and the law is a complete joke!!
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:eek:

What's that Your Honour? The law is it Your Honour? Ah shure isn't the law a grand thing for them as can afford it or need it Your Honour and shure where would a poor creature like myself be going with the law Your Honour, begging Your Honour's pardon, Your Honour.

The law, Your Honour is for them that's lucky enough to be gentrified Your Honour, much like Your Honour's good self, if I may be so bold as to suggest it Your Honour.

Until I have great need of it, Your Honour, God between us and all harm, I'd be thinking meself and the law would not be bosom companions, in this life at any rate, Your Honour. :D
 
Re: Estate Agents Responsibility

Kazza

How about moving back into the apartment yourself into the spare room, (or the living room), which you would surely be entitled to do, or get a mate to do so. Living with a stranger might drive her out quickly.

Also you could bring the Estate Agents to the Small Claims Court for repayment of any fees you've paid them as they obviously have not fulfilled their part of the contract.
 
Again the issue here is whether you paid for a letting service or a letting and management service. For the fee you paid I'd guess it was letting only - and I'm surprised you ended up with a SW tenant if you did use an agency, although for them it's probably the easiest option to recommend.

It's really important to read the details of the agreement with the agent, you don't always get what you think you're paying for.
 
Also you could bring the Estate Agents to the Small Claims Court for repayment of any fees you've paid them as they obviously have not fulfilled their part of the contract.
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That judgement can't be made until we know what actual contract existed.

and I'm surprised you ended up with a SW tenant if you did use an agency, although for them it's probably the easiest option to recommend.
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An SW tenant isn't necessarily worse than any other. Regarding the easy option it depends on the area being rented, it may have been the only option.
 
Mf.

How can you say that? At the end of the day I own the property, Im paying a mortgage on it so surely what i say goes. Her contract is up, she breeched her contract, yet she is still living in my property. That also means the rent she is supposed to be paying me from the social welfare is being used for her own personal use!!
Thats what your tax money is being spent on!! U happy with that? We would all love not to have to pay our mortgage but unfortunetly we dont have that luxury. Its bad enough the government is paying most of the mortgage... I dont get any help like that from the government but I still have to manage!!:mad:
 
I think mf was just saying business is business and this is a hiccup that was unforunate to befall you. I wouldn't start preaching about taxes considering the 3 month lapse without registering with the prtb.
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Re: Estate Agents Responsibility

stifster said:
(whatever about the tenants right to claim tax relief for the unregistered period.)
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ClubMan said:
I didn't think that the landlord's failure to register with the PRTB impacted the tenant's ability to claim the rented accommodation tax credit whatever about the landlord's ability to write off mortgage interest against rental income?
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My typo...should have been "landlords".
 
Mrman,

Dont need a lecture. Its information Im looking for! Even if i was registered if doesnt seem that they would be much help to me either.
The bottom line in all of this is if this happens to you.... you are on your own!! You have been warned....
 
Dont need a lecture. Its information Im looking for! Even if i was registered if doesnt seem that they would be much help to me either.
The bottom line in all of this is if this happens to you.... you are on your own!! You have been warned....
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Wasn't a lecture but something you might want to pay heed to if you intend on staying on the right side of the law. The prtb isn't simply there to help you when the cash has stopped flowing, your obligation is to pay your taxes like the rest of us. And as alot of posts have pointed out you are not on your own there are remedies to this situation so hopefully you can resolve it. Just don't sit back and hope someone will do it for you.
 
Kazza - not going to pass judgement one way or another just relate facts to you.

A number of years ago a friend of mine was in the same situation as you. Tenants wouldnt pay rent, wouldnt leave, letting agency not interested, friend was not registered landlord.

Tenants ignored eviction notices. My friend ended up calling up to property to speak to tenant and got nowhere - also felt intimidated by tenants large 19 yr old son standing behind mammy glowering.

She went to guards and said 'i own a house in xxx. i am moving into it this weekend. tenants are refusing to leave and i feel intimidated.'
Guards said it was a civil matter but that they would call to property and ask tenants to leave.
Couple of hours later guards phoned my friend - said for her to go and get ready to move in and if tenants not out by 5pm friday they would help.
5pm friday tenants still there, guards arrive, tell them they have to leave. Some calls made, some cars show up, throws the belongings in and off they go - left the house in bits, was some cost on clean up and repairs -but they were out.

turned out neighbours had complained to guards on numerous occasions about noise, domestics, anti social behaviour etc from tenants so guards were happy to see back of the family off their watch as it were.
 
Im not expecting people to do this for me. Im well aware of the fact that I have to do this myself. All I was saying was I have paid an EA €1000 and I would of assumed the responsibility was with them until my contract was up with them and not for them to pick and choose what they want to do. By the way I do and have always paid my taxes and have never looked for handouts by the government like a lot of people do. Whether I am registered is not the issue here!
Thanks truthseeker. Looks like thats whats going to happen.
 
By the way I do and have always paid my taxes and have never looked for handouts by the government like a lot of people do. Whether I am registered is not the issue here!
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I'm not trying to rile you but you are missing the point. anyways is the EA being paid a managed fee. Even if they are not they should be making some financial returns to you and I wouldn't let that go either, €500 return would be reasonable.
 
KAZZA said:
By the way I do and have always paid my taxes and have never looked for handouts by the government like a lot of people do. Whether I am registered is not the issue here!
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My understanding was that in order to claim mortgage interest relief against rental income you hade to be registered with the PRTB. Maybe you're not aware of this but that is why everyone assumes you're not tax compliant when you say you haven't registered the tenancy.
 
KAZZA said:
...All I was saying was I have paid an EA €1000 and I would of assumed the responsibility was with them until my contract was up with them and not for them to pick and choose what they want to do...
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kazza, you are assuming again. It's been asked a few times in this thread, but here goes again; what does your contract with the EA state?
 
You should be able to get the social welfare to pay the rent directly into your bank account bypassing the tenant completely.

From what its worth as my experience of a landlord(admittedly in the UK), is that social welfare tenants should be avoided.
 
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