# Tenant moving out after 10 weeks claiming he didn't get RA



## mark71 (25 Jul 2009)

It looks like I'm being left high and dry by my tenant. After constantly telling me the RA would be through he has decided to move out citing he didn't receive it. Is there any way of getting this money back? Or finding out if he was receiving it? The HSE don't seem to want to give me any info and from reading posts on here the PRTB just seems to be a way of collecting another tax. It seems like he has had a free hotel for 10 weeks.


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## JoeB (25 Jul 2009)

You didn't let him move in with no deposit or no months rent in advance did you?

if so there's probably little you can do... if not just keep the deposit if possible.. (but  some people say if it's a security deposit you cannot hold it for missed rent, I'd keep it anyway to be honest and let him chase you for it)


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## mark71 (26 Jul 2009)

I did get a deposit and will be keeping it but no month in advance. As the RA was meant to be backdated. More fool me.                                                                                It's got to the stage now where I've put the house on the local Rent Allowance Scheme list. Just sick of the whole landlord thing. Between not getting paid and repairing the house after previous tenants the whole thing is a royal pain in the ****.


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## tweety76 (27 Jul 2009)

Ring the Irish Property Owner's Association for advice. I had to look for advice last week and PTRB were completely useless but Rang the IPOA and they gave me fantastic advice. Hope you get it sorted.


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## mark71 (27 Jul 2009)

tweety76 said:


> Ring the Irish Property Owner's Association for advice. I had to look for advice last week and PTRB were completely useless but Rang the IPOA and they gave me fantastic advice. Hope you get it sorted.


Thanks for that. I'll try them tomorrow. In the mean time I've changed the locks and bagged up his belongings telling him to cough up what he owes himself, if he wants the stuff back.


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## JoeB (27 Jul 2009)

Well I think that's a big mistake... regardless of the rent situation you will find yourself in big trouble if you steal his stuff and lock him out.. while you are frustrated doing that will cause problems for you. 

What's the point in keeping his stuff?

Are you prepared for a war?, if he now smashes up your car will you take it to the next level? If he turns up with five of his mates what will you do?

I'd suggest chalking it up to experience and letting him get his stuff?


If you're trying to do things legally then that's all you can do.. you shouldn't try illegal methods unless you're prepared for a war, and you're not concerned about potential consequences...


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## mark71 (27 Jul 2009)

When I say what he owes I mean his weekly contribution which hasn't been paid for the last 4 weeks not the RA. I've spoken to him on the phone and he's agreed  to pay this Thursday and collect his belongings. Considering the mess left behind, bags of rubbish in the backyard,chest of draws smashed plus leaving the central heating running with no oil and lights left on for days on end. I think I'm being rather lenient.


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## DeeFox (28 Jul 2009)

Can you contact the Community Welfare Officer in the area who dealt with him?
He has almost certainly pocketed the rent allowance - make sure that he is not still claiming it for your property.
Don't give up hope on being a landlord - there are plenty of excellent tenants out there.  just always get and check references - interview the tenants at length and go with your gut feeling.  If ever accepting rent allowance again then insist that it gets sent directly to you and not to the tenant.


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## mark71 (28 Jul 2009)

DeeFox said:


> Can you contact the Community Welfare Officer in the area who dealt with him?
> He has almost certainly pocketed the rent allowance - make sure that he is not still claiming it for your property.
> Don't give up hope on being a landlord - there are plenty of excellent tenants out there.  just always get and check references - interview the tenants at length and go with your gut feeling.  If ever accepting rent allowance again then insist that it gets sent directly to you and not to the tenant.


Just spoke with the CWO and apparently all the back dated money was paid only he didn't bother to collect it. Now that he has left my property the CWO has told me the matter is between the ex-tenant and myself.


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## Gloriosa (28 Jul 2009)

I feel your pain, I've just gone through it myself, filled in the RAS form for Dublin City Council about a week ago, got a call yesterday confirming 25% allocation of social housing was already achieved in estate so couldn't approve me, but very impressed with their efficiency, 

back to my management agent now to get new tenants, no more Ms Nice Lady Landlord from me, once bitten etc


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## mark71 (11 Aug 2009)

Just found out today from the CWO that my ex tenants RA was re issued and he collected it 10 days ago! Of coarse I've seen none of it, what a great system. After speaking to the Guards they've told me it's a civil matter and to contact my solicitor. Question is, am I wasting my time and move on or pursue the matter? Talking about 1300 euro .


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## Bronte (12 Aug 2009)

Mark71 you need to reread JoeBallantin's advice again.  

Next time big deposit, month in advance and check out the tenant's references properly.  In relation to you giving out about the rent scheme, it's nothing to do with them.  Your contract is with the tenant not the CWO.  If you are not up to being a landlord than you shouldn't rent.


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## mark71 (12 Aug 2009)

Bronte said:


> Mark71 you need to reread JoeBallantin's advice again.
> 
> Next time big deposit, month in advance and check out the tenant's references properly.  In relation to you giving out about the rent scheme, it's nothing to do with them.  Your contract is with the tenant not the CWO.  If you are not up to being a landlord than you shouldn't rent.


Believe me if I had a choice I wouldn't be in this game at all. Like so many bought and tried to sell at the complete wrong time just as the bubble burst. Now stuck with a house plunging into negative equity that I can't sell. As regards the CWO don't you agree it would make more sense to pay the landlord direct and avoid potential hassle?


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## shootingstar (12 Aug 2009)

is it not the case that Landlords can request that RA is paid directly to them & not the tenant? Am I wrong?


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## samanthajane (12 Aug 2009)

Only if the tennent agrees. 

Even thought the tennent is getting this money to go towrds their rent, it is in fact their money and not the landlords. Tennents will pay to have a roof over their heads others will scam it on purpose or as i think is what happened in this situation, is that the tennent didn't know it was their for him for collect and when he did know he has already moved out and then decided to keep it all for himself. I dont think he counted on you finding out he had been awarded it, not that it makes much difference as he's moved out now. 

If a tennent refused to do this then it would make me worry from the start. 

I think mark71 that you just have to put this down to experience, and learn from it. Next time you get a tennent that is recieving rent allowance you know to ask for them to agree that the money be sent directly to you. And from this experience you will know to contact them sooner to find out what the delay is. It was a very simple thing that stopped you from recieving your money and keeping a tennent. Now you have to go through it all again, only this time a little wiser.


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## mark71 (12 Aug 2009)

It seems to differ from region to region. My last tenants was paid direct to my account.Now my area pay to the tenants local post office where they collect it and pass it on to you.Supposedly.


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## mark71 (12 Aug 2009)

Thanks samanthajane. I'm learning something new with every tenant and will be a lot wiser in the future!


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## delgirl (12 Aug 2009)

You're quite right mark71, it depends on where the house is and what the policy is in that area. A friend of mine has property in Wicklow and Wexford - in Wicklow they pay direct into her bank account and in Wexford, the tenant receives the RA and then pays the landlord. The office in Gorey just said it wasn't their policy to pay landlords direct, although I don't agree with this and would therefore not accept rent allowance tenants in my property.

If at all possible, you should pursue him for the outstanding rent. If you don't he will do the same thing again and again.

It doesn't matter sometimes how careful you are as a landlord, you can always get stung by tenants, so don't be too hard on yourself.

Hope you get some nice new tenants - be fair and firm, don't take anyone on RA if you can't get it paid directly to you and make sure you get rent and deposit up front before you let anyone into your property.


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## minion (12 Aug 2009)

shootingstar said:


> is it not the case that Landlords can request that RA is paid directly to them & not the tenant? Am I wrong?



Just dont accept the tenant if you dont get the RA paid into your bank account.  Simple as that.


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## delgirl (16 Aug 2009)

Here's a good example of how it's possible to have your house wrecked and be out of pocket even if you are a careful landlord.

This family are in today's Mail on Sunday (can't find a link to it, maybe available tomorrow) with photos of the disgraceful way they left their rented property (urinating in every room) when the landlord evicted them over rent arrears.

It's highly unlikely that he will recover either the unpaid rent or damages to the property.

Cllr Cathal Crowe got the house for them and was apparently shocked at the mess it was left in when they moved out.

It can happen to anyone and did happen to us some years ago in London. A couple and their adult son renting our property stopped paying the rent and it took us 3 months to get an eviction order through the courts. Then another month for the baliffs to eventually set a date to evict them.

When they left, they smashed the furniture, slashed the matresses and threw the stuffing all over the house, left a skip full of rubbish in the attic, another skip full of rubbish in the back garden, carpets dirtied beyond even professional cleaning, drains blocked, food thrown up the walls in the kitchen, hall, living and dining rooms, etc. etc.

Needless to say, they left no forwarding address and their deposit wasn't worth a fraction of the damage done. 

It cost us a fortune to have the rubbish removed and the house cleaned, on top of 5 months loss of rent, plus solicitors and court fees for the eviction.


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## Bronte (17 Aug 2009)

delgirl said:


> This family are in today's Mail on Sunday (can't find a link to it, maybe available tomorrow) with photos of the disgraceful way they left their rented property (urinating in every room) when the landlord evicted them over rent arrears.
> 
> It's highly unlikely that he will recover either the unpaid rent or damages to the property.


 
The PRTB will be of no use to this landlord either.

I saw a picture in the Sunday Independant yesterday with loads of very nice looking furniture outside the house and lots of bin bags and bits of carpet and I did wonder what had happened.  My worst fear is a family like that.  Hopefully no landlord in that area will now rent to them and I wonder is Cllr Crow still helping them or compensating the landlord.  

Mark71 you are actually lucky compared to the above, we all have to go through it, it's not just you but you learn from it and become a better landlord.


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## Grandma (5 Sep 2009)

yes, the IPOA will always give great advice. This has been said again and again on these pages, but I have yeat to hear someone suggest that landlords should join the IPOA. Why do some people expect this excellent advice for nothing when many of us have been paying our dues since the IPOA got going over ten years ago. We could really o with the extra revenue to highlight landlord issues and fingt unjust tax treatment.


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