Thinking of selling a rental property? You should probably get a move on...

Silvius said:
Still stuck, my tenants say they have nowhere to go. I've given them all the help I can, advised them to apply to estate agents directly as many properties are not advertised now and gave them a good reference. I checked with the estate agents I recommended and my tenants never even applied. They know they have a sweet deal where they are and have no interest in moving. I'm now trying to find a place for them to rent, actually spent this morning on it! It's a real headache which I don't need as dealing with health problems myself and really just want to get the place sold. Should have got out sooner!
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Our tenant have left and moved back to their home country. I think they were waiting to get their Irish pension before they left the country. They are now very Well financially due to the Irish pension they are bringing back with them.

Have you made sure your notice to leave was in order? If all is good go to Rtb. I think if they have stayed passed their move out date you have no choice but do go the rtb route.
What was said to me(citizens information)if you delay the process then rtb may think you are happy for them to stay. It is not your responsibility to find them a place. As you say they have a sweet deal. Why would they move? Pay more than what they are paying now. Get the wheels in motion, organise your paperwork, nppr, and put a for sale sign in the garden. They should get a move on then. Good luck.
 
Yes, I got a solicitor to check my notice to leave before I issued it just to be sure. It's all in order. I know it's not my responsibility to find them a place but it might be the easiest way out of this. I'll go to the RTB if needed but that process could take ages - what I really want is to sell the property asap.
 
Just keep sending them links for rental properties you source for them.
Keep asking them ' have they found a place yet?'
And simultaneously go the rtb route, as it's your only last option really. Good luck.
 
Silvius said:
Yes, I got a solicitor to check my notice to leave before I issued it just to be sure. It's all in order. I know it's not my responsibility to find them a place but it might be the easiest way out of this. I'll go to the RTB if needed but that process could take ages - what I really want is to sell the property asap.
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those tenants sound like beauties
 
Daithi7 said:
Just keep sending them links for rental properties you source for them.
Keep asking them ' have they found a place yet?'
And simultaneously go the rtb route, as it's your only last option really. Good luck.
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That is a good idea but going by their tenants behaviour so far they may make a claim that it is harassment.
 
Silvius said:
Yes, I got a solicitor to check my notice to leave before I issued it just to be sure. It's all in order. I know it's not my responsibility to find them a place but it might be the easiest way out of this. I'll go to the RTB if needed but that process could take ages - what I really want is to sell the property asap.
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Put your sign in the garden a few days after the move out date if they have not moved out. If you need to do up the house that may only take a few weeks. The auctioneer can do this knowing you may have to do some work to it. Hopefully they will get the message.
 
Silvius said:
Yes, I got a solicitor to check my notice to leave before I issued it just to be sure. It's all in order. I know it's not my responsibility to find them a place but it might be the easiest way out of this. I'll go to the RTB if needed but that process could take ages - what I really want is to sell the property asap.
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You might be better off in the long run going the RTB route now, especially if the tenant is already being difficult.
 
Update to the posts above in case it's of interest to anyone in a similar situation. The tenant left, thankfully. They also left a lot of damage behind but are claiming that they received the house in that condition and are demanding the full deposit back. They're not willing to discuss the damage or the fact that they've been illegally subletting to up to 8 (yes, 8!) tenants at a time, as I recently discovered from the neighbours. If they don't get the full deposit back they're going to the RTB. Legal advice and advice from other property owners with experience of the RTB is to just give them the full deposit back as it's so hard to prove these things and it's best to just get them out of my life and count myself lucky they're gone. Their deposit was €1000, I've already spent €3,000 putting the house right. The house was in perfect condition when they received it but without enough before and after photos it's hard to prove that. Counting myself lucky it's over, just want to move on and don't need the stress of the RTB.
 
I disagree. Represent yourself at RTB so you don't incur costs. At least force them down the route of "working" for the deposit if the RTB wants to award it back to them. At that stage, the time it'll take, they may not turn up, move on etc, or things (environment) may have moved in the landlords favour. And pigs might fly.

I certainly wouldn't give them back the deposit as easily as you are suggesting.
 
I've always won (or they've not turned up) my few disputes with tenants over deposits (actually all disputes) at the RTB. But its a business decision not to waste time and thus money on the RTB vs focusing on getting it back rented as soon as possible. A delay of a month costs far more than the deposit. There is the moral hazard aspect, but I think this futile crusade while the legislation encourages this behavior.

If you are selling it, then you might decide its worth trying the RTB. Because thats what the tenants do change their arm. You're funding it anyway.

From what I see sales have slowed. Might be while selling it.
 
Silvius said:
Update to the posts above in case it's of interest to anyone in a similar situation. The tenant left, thankfully. They also left a lot of damage behind but are claiming that they received the house in that condition and are demanding the full deposit back. They're not willing to discuss the damage or the fact that they've been illegally subletting to up to 8 (yes, 8!) tenants at a time, as I recently discovered from the neighbours. If they don't get the full deposit back they're going to the RTB. Legal advice and advice from other property owners with experience of the RTB is to just give them the full deposit back as it's so hard to prove these things and it's best to just get them out of my life and count myself lucky they're gone. Their deposit was €1000, I've already spent €3,000 putting the house right. The house was in perfect condition when they received it but without enough before and after photos it's hard to prove that. Counting myself lucky it's over, just want to move on and don't need the stress of the RTB.
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Great to hear your news. Did you take pictures of the property as they left? Also do you have the €3k in bills to show what had to be done? Skips, cleaning, repairs etc. That will cover you. Did you have any pictures of the property before they moved in? Definately worth looking for them.

Let them threaten you with RTB and you an say to them their names will appear on the website showing how the left the property. The risk of not be able the rent with a record on RTB site might stop them.
I had a tenant a while back threaten me they would go to RTB. I said work away and your future landlords will see how you leave a house once you move on. I had pictures and bills for the damage she had caused. I write a letter to her with all the details of the damage. I put down my time not charged for cleaning her mess. You do not necessary need to have pictures of what the house was like before but if you have pictures of after the RTB would see the mess. She even went to the local TD first to stop me giving her notice and then she told me she brought my letter to them asking for help. They said to her she got off lightly!!

Odd that your neighbours did not contact you to tell you. I know of a landlord that had a 2bed house and there where 4 generations is the house totalling 15 persons. No wonder the house had to be stripped back after taking nearly 2years to get them out. That was using RTB and then having to go to court.
 
AlbacoreA said:
I've always won (or they've not turned up) my few disputes with tenants over deposits (actually all disputes) at the RTB. But its a business decision not to waste time and thus money on the RTB vs focusing on getting it back rented as soon as possible. A delay of a month costs far more than the deposit. There is the moral hazard aspect, but I think this futile crusade while the legislation encourages this behavior.

If you are selling it, then you might decide its worth trying the RTB. Because thats what the tenants do change their arm. You're funding it anyway.

From what I see sales have slowed. Might be while selling it.
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If they did not turn up would it go in your favour?

It is still holiday period so there may be a delay is sales. Auctioneer said that often they start back up in September. We have a house for sale since July and had a few viewings and a few offers so there is still movement.
 
Silvius said:
Legal advice and advice from other property owners with experience of the RTB is to just give them the full deposit back as it's so hard to prove these things and it's best to just get them out of my life and count myself lucky they're gone.
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I disagree. Tenant may not appeal to the RTB. If they do, tenant may make make a poor case for themselves.

The worst case is you have to give them back your deposit which you seem happy to do anyway. Where's the downside?
 
Sconeandjam said:
Great to hear your news. Did you take pictures of the property as they left? Also do you have the €3k in bills to show what had to be done? Skips, cleaning, repairs etc. That will cover you. Did you have any pictures of the property before they moved in? Definately worth looking for them.

Let them threaten you with RTB and you an say to them their names will appear on the website showing how the left the property. The risk of not be able the rent with a record on RTB site might stop them.
I had a tenant a while back threaten me they would go to RTB. I said work away and your future landlords will see how you leave a house once you move on. I had pictures and bills for the damage she had caused. I write a letter to her with all the details of the damage. I put down my time not charged for cleaning her mess. You do not necessary need to have pictures of what the house was like before but if you have pictures of after the RTB would see the mess. She even went to the local TD first to stop me giving her notice and then she told me she brought my letter to them asking for help. They said to her she got off lightly!!

Odd that your neighbours did not contact you to tell you. I know of a landlord that had a 2bed house and there where 4 generations is the house totalling 15 persons. No wonder the house had to be stripped back after taking nearly 2years to get them out. That was using RTB and then having to go to court.
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Yeah, I don't know the neighbours that well as I live in a different area. It was a mistake not keeping in closer contact with them. That said, they were happy enough to ring me and talk about it and how bad it was once the tenants were gone, but not while they were still there. They said everyone knew and so they all assumed I knew too...I guess nobody wanted to be the one to ring me. It's a bit Irish!
 
NoRegretsCoyote said:
I disagree. Tenant may not appeal to the RTB. If they do, tenant may make make a poor case for themselves.

The worst case is you have to give them back your deposit which you seem happy to do anyway. Where's the downside?
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True, but the downside is the hassle of the RTB and having it hanging over me. I have photos of the house beforehand but not of some of the specific things/areas they damaged. For example I flipped the mattresses while trying to find the source of a bad smell and discovered the undersides were aboslutely destroyed and will all have to be thrown out. The tenants say they were like that since the beginning. I can't prove otherwise! I'm not happy to give them back the deposit but it's a case of what's expedient rather than what's right or fair. If I go to the RTB and lose my case because I can't prove it, it will all have been for nothing. Not sure what I'll do.
 
Sconeandjam said:
If they did not turn up would it go in your favour?

It is still holiday period so there may be a delay is sales. Auctioneer said that often they start back up in September. We have a house for sale since July and had a few viewings and a few offers so there is still movement.
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Yes, I'm selling it, absolutely no question of renting again! Yeah, that's a possiblility, as far as I know they've left the country.
 
give them back the deposit. You seem to be resigned to doing it as opposed to making them fight/earn the deposit back. Even though they clearly do not deserve it back.
 
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