# Tenants not paying rent



## Marlay View (17 Jun 2005)

Hi, Quick question, I've rented out my house to tenants for the last 2 years.
Over the last 6 months they have not paid the rent on 2 occasions and on other occasions they have not paid the rent in full.  Right now they owe a considerable amount (including arrears from 2004) in arrears, they refuse to answer my phone calls, I have sent them letters, I managed to visit them in March, and they promised to catch up with back payments, but they have done nothing.

What course of action do I have available to me ?.  

Thank You.


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## ClubMan (17 Jun 2005)

PRTB dispute resolution perhaps?


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## gordongekko (18 Jun 2005)

Why dont you just give them 4 weeks notice and ask them to leave???


gg


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## Janet (20 Jun 2005)

Also, contact Threshold to see what they say.  I think they're normally used by tenants but should also be able to advise you.


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## Purple (23 Jun 2005)

If your tenant doesn't want to leave there's not a lot that you can do that will have any effect. If they have a brass neck then a solicitors letter and the PRTB is of very little use. If they are reasonable then the PRTB is the way to go.
At this stage you should cut your losses and just try to get them out. Tell them that you will let them off the back rent if they go within 4 weeks and see what they say. They would have to owe you a fortune for it to be worth your while getting a solicitor involved. Just concentrate on getting your revenue stream back up and running.
You need to be able to go to the house on a regular basis over the next few weeks to sort this out. If you can't then is there a sibling, parent or friend who can?
The contact needs to be face to face.


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## gordongekko (23 Jun 2005)

Dont listen to purple just give them there notice in writing dont mind the solicitor you are only throwing good money after bad.


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## daltonr (23 Jun 2005)

the further behind they get the less likely it is that they will catch up.   And after a certain amount of arrears there comes a tipping point where they won't even try to pay off a portion.

You need to get them out NOW.

Go through the correct hoops and routes to get them out, but you should now be in
eviction mode, not in some attempt to get them back on the rails.

-Rd


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## Purple (27 Jun 2005)

gordongekko said:
			
		

> Dont listen to purple just give them there notice in writing dont mind the solicitor you are only throwing good money after bad.


 Where did I tell MV to use a solicitor? I suggested not using one. The main issue is not getting back rent, it's getting them out.


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## acannydoitji (26 Jul 2005)

In my expereince the 'legal way' is long winded and cumbersome.  It takes circa 6 months.  You need to serve them with a notice to quit, you are not allowed enter the premises or accept any rent for this period. The suggestion of letting them off the back rent for going soon sounds like a reasonable position - lets face it you're not going to get whats owed - cut you losses!


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## ninsaga (26 Jul 2005)

Do you have a letting agreement with them? If so then use this as a basis to get them out... Send a letter to them - registered even/ with ref to the particular secion breeching of agreement.

ninsaga

Please be sure to let us know how it goes as your feedback here can also serve as valuable information to others in the future


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## DingDing (25 Jul 2006)

I have a similar problem and I would appriciate advice. It appears that I have to write to them giving them 2 weeks to pay the arrears (any examples of a suitable letter would be appriciated). If they do not comply I then have to give them 4 weeks notice. The tenancy is over 6 months.

I can then raise a dispute with the tenancy board, it is registered. And they can award a judgement against the tenants.

Looking at prtb.ie I have seen landlords "fined" for not giving sufficient notice on this.

Any help with the letter would be appriciated as the balance needs to be struck between to soft and bullying the tenants.

Also how successfull are the PRTB in enforcing judgements for rents.

Thanks in advance.


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## dad (26 Jul 2006)

It is on the PRTB website detailing what constitutes a valid termination notice.Just make sure you give them the 14 days and the correct no. of days after that. look up prtb.ie. and go through their documents. There are also cases you can view where they found in favour of landlord for arrears of rent.

I lodged a dispute resolution yesterday, tenant owes arrears, deposit used up in rent, refuses to move. Number of issues in relation to the property.  First time to use the PRTB.

Fingers crossed it will work out.


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## DingDing (26 Jul 2006)

Thanks for that,  I will be writing the letter to them this evening starting the process.  I was just wondering if anyone had an example of the letter used to inform them they were ijn arrears and giving them 14 days to make good the arrears.  I can't seem to find any templates for this anywhere.  I might try contacting the PRTB for advice.

Noticed cases on the site and there are a number where they find in favour of the landlord in these cases.

Best of luck.


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## propertyprof (26 Jul 2006)

out of interest what is the tenant profile


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## aaa1 (26 Jul 2006)

Be careful if they refuse to go. A friend of our family had a nightmare situation where tenants refused to pay and then refused to leave. After several months of toing and froing to no avail he cut off the electricity and water in an attempt to force them out - they took him to court and got around €8,000 for their trouble! Meanwhile he was left with all of the mortgage repayments


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## DingDing (27 Jul 2006)

I will not go into profile here.

Has the PRTB any teeth in this. If they issue an order to vacate and pay arrears what happnes if the tennants don't comply.

I am keen to do it right as I don't want to be in the situation your friend ended up in.

Thanks


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## RainyDay (27 Jul 2006)

aaa1 said:
			
		

> Be careful if they refuse to go. A friend of our family had a nightmare situation where tenants refused to pay and then refused to leave. After several months of toing and froing to no avail he cut off the electricity and water in an attempt to force them out - they took him to court and got around €8,000 for their trouble! Meanwhile he was left with all of the mortgage repayments


Pacific Heights should be compulsory viewing for all new landlords.


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## extopia (27 Jul 2006)

Fair play DingDing for not going into tenant profile, as it is completely irrelevant to the problem at hand.


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## stephen cull (27 Jul 2006)

Dont know if you are considering it , but would you not be easily able to get the tenants out if you were to sell the property. This may be a good option considering the predicted the trends forecasted. What does everyone think. Ps in similar position and am considering the get out of the market option. Please advise!!!


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## extopia (28 Jul 2006)

If you're thinking of selling an "investment property" because you can't control your tenants, yes, you have taken a step in the right direction. Getting an interest only mortgage is easy. Being a landlord is hard.

If you can't hack it, get out of the business.


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## DingDing (28 Jul 2006)

Selling is not really an option as I purchased the appartment in an area I might like to retire in, if I decided to downsize.

Hard to know Stephen whether it is the right time to sell.  

Extopia, I think the next time I will give it to a letting agent, any advice on this option, Expensive I know.


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## collie (30 Jul 2006)

WHERE ARE ALL THE GOOD TENANTS GONE........

Get them out of your gaff anyway possible, remember they have the law on their side.

Last May I evicted a tenant for non payment of rent, never mind the fact that the social welfare were paying the VAST majority of it. I posted some info on it at the time so I'll stop there

Now I have a tenant who pays but is causing anti social behavior, cant go into detail but its very very serious stuff. I checked this tenant out or so I thought but once aging here we go... evening herald, paint brushes, skips etc etc....

This landlord business is definitely not easy but I just hope I get lucky this time round. I have come to the conclusion that you can trust no one in this game.


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