# How easy/difficult to evict tenants?



## z106 (7 Aug 2008)

How easy or difficult to evict tenants ?

E.g. if they stopped paying their rent is it easy to evict them?

Or if they trashed the place is it easy to evict them?

Generally speaking how easy / difficult is the procedure?

Has anyone experienced it in the past?


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## mathepac (7 Aug 2008)

Refer to numerous previous threads on this isue, using the search facility. Previous threads include landlords' and tenants' perspectives.


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## Angrygirl (7 Aug 2008)

I had an experience a few months ago and had a proper lease with my tenants so when they did not pay the rent i sent them a letter reminding them of the lease and the terms of payment, i sent a copy of this letter to social welfare also, when the rent was not received the second month i gave them 28 days to vacate the property and did not refund the deposit, they robbed everything they could get their hands on, so i now have the property with a management company and they deal with my new tenants on my behalf..


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## amgd28 (7 Aug 2008)

Just had a bit of a nightmare issue with one of my tenants:

Scenario:
Phone rings on Friday at 5pm of August Bank holiday weekend
"There is a leak in the house, it is very urgent"
I ask is it leaking at that moment, he says no, was leaking earlier. I try m best to get someone up there (I am opposite end of the country for the weekend), and get someone to agree to be up there first thing next morning, which considering the avialability of tradesmen on a bank holiday weekend, thought was a decent performance. Tenant accepts this
Call 30 minutes later tenant very aggressive wanting someone there NOW. States he is in fear of the potential damage. At this stage, I bribe the previous builder to get up there ASAP. 
He gets up there for 7pm, inspects, no leak, identifies the leak was relating to shower trap, and organises to come back with plumber in the morning to do a complete fix.
Builder + plumber arrives back in the morning to be told they are not wanted, as tenant wants to relax over the weekend. Reluctantly agree to this on condition that shower is not used at the weekend as this is an emergency repaid. You will note how tenant 'emergency' changes from Friday afternoon to Saturday
Tuesday morning builder arranges to arrive to inspect and organise the work. Tenant gets aggressive and insists that no work be carried out!!

The initial repair is approx 1 day's job, and as he on Friday compained about something unrelated, we arrange to get this addressed also. We offer tenant alternative accommodation even though there is little or no disruption to the tenant (work carried on during the day when he is at work).

Our letting agent rings him and he agrees to co-operate. LAter that evening he rings builder and is abusive and threatening. Same evening my wife visits to confirm that the works are essential and must go ahead. He physically threatens and shouts at her. We lodge a record of the incident to the Gardai as my wife had to run out of the property in fear for her safety.

We look throuhg the leting agreement and there is a clause for seven days notice of eviction in case of 'anti-social behaviour'

Tenant moves out next Wednesday......

If the clauses had not been in the letting agreement though I am not sure where we would have stood


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## legalhawk (7 Aug 2008)

All lettings have to be in the format stipulated by the Residentail Tenancies Act and all breaches and notices have to be dealt with according to that Act and hearings/breaches can be brought before the Residentail Tenancies Board so tenants have far more rights than before and the act is Tenant friendly so Landlords should be very aware.


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## aircobra19 (7 Aug 2008)

legalhawk said:


> All lettings have to be in the format stipulated by the Residentail Tenancies Act and all breaches and notices have to be dealt with according to that Act and hearings/breaches can be brought before the Residentail Tenancies Board so tenants have far more rights than before and the act is Tenant friendly so Landlords should be very aware.


 
Landlords should also be away that this is an extremely slow process.


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## S.L.F (10 Aug 2008)

One of the reasons I only do a 6 month lease is because I know I can get rid of a tenant if I think they will be trouble with a 28 day notice for no reason whatsoever


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## Bronte (11 Aug 2008)

S.L.F said:


> One of the reasons I only do a 6 month lease is because I know I can get rid of a tenant if I think they will be trouble with a 28 day notice for no reason whatsoever


  You can't just get rid of a tenant, no matter what the lease says, what do you do if you have a tenant that refuses to leave?


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## gerry m (11 Aug 2008)

its is no easy to evict tenants - you need to comply with PRTB rules or it could end up costing you thousands


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## S.L.F (11 Aug 2008)

I thought I read the PRTB carefully and I thought it said I could get someone to leave for any reason under the sun before the 6 month threshold once I give them the proper notice.

I've just Googled the info

Your landlord must always give you notice when asking you to leave. (Read more under 'Notice periods' and 'Notice of termination', below.) *Landlords can ask tenants to leave without giving a reason during the first six months of a tenancy.* Landlords can terminate a tenancy that has lasted between six months and four years (a Part 4 tenancy) only in the following circumstances:


After 3 and ½ years.
If the tenant does not comply with the obligations of the tenancy.
If the property is no longer suited to the tenants’ needs (e.g. overcrowded).
If the landlord needs the property for him/herself or for an immediate family member.
If the landlord intends to sell the property.
If the landlord intends to refurbish the property.
If the landlord plans to change the business use of the property (e.g. turn it into offices).


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## Berni (11 Aug 2008)

If you've got a fixed term lease, then that overrides the basic PRTB rules.
Unless you put a break clause in, then you can only get rid of them if they  break the terms of the lease.

See page 2 of this doc  [broken link removed]
"A landlord can only terminate a fixed term tenancy where there the tenant has been in breach of his or
her obligations"


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## S.L.F (11 Aug 2008)

Berni said:


> If you've got a fixed term lease, then that overrides the basic PRTB rules.
> Unless you put a break clause in, then you can only get rid of them if they  break the terms of the lease.



Food for thought!


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## SCDEVON (13 Aug 2008)

If they dont pay rent its very easy to get them out , youll be shocked to hear theres a still active law out there stating,
if they are more than 2 month behind in there rent you can break in to the house and take all there stuff off to auction to cover the costs and evict them there and then......................
why dont everyone use it????? because hardly anyone knows about it as its from 1782 but still hold english law. i know as ive used it and it was so smooth even when the police arrived and asked what i was doing. lol

so whats the law called............  

lee


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## Bronte (13 Aug 2008)

Scdevon are you in the UK?  You cannot do what you say in Ireland.  Some landlords have thrown out their tenants and ended up having to pay thousands in compensation, others have gone throught the PRTB and received no rent for 2 years to ended up with a 'decision' from the PRTB that is worthless as far as I can tell.


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## Bronte (13 Aug 2008)

OP go on to the PRTB website and look at the judgments/decisions section and you will get a lot of information there.  There is also an organisation for landlords, 'irish property owners association' I think that is very helpful.  They have a website but I'm not sure what it is.


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## ccraig (13 Aug 2008)

i have a colleague that had this problem. Tenants moved in and stopped paying rent, no rent for 4 months and damage (wear and tear).

Ask a solicitor for advice but basically you need to serve notice on them one, then a seocnd time and then they must leave. It takes time so get advice and get started asap


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