# Tenants that may become hassle.



## Paulsgirl (28 Apr 2010)

We have tenants that are only paying their first months rent now but we've been told by neighbours there are dodgy characters going in and out of the house and a row could break out some night and all hell could break loose.

These guys are known to the cops.

We're now worried and are considering getting rid of the tenants.  Can we do that?

Thanks


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## Complainer (28 Apr 2010)

Paulsgirl said:


> we've been told by neighbours there are dodgy characters going in and out of the house and a row could break out some night and all hell could break loose.


Are your neighbours psychics?


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## hippy1975 (28 Apr 2010)

No Complainer, they don't need to be psychics, sometimes you get a hunch from people and when it's your property you are talking about you are best erring on the side of caution, my brother was warned by a neighbour about someone, kept her on as a tenant though cos he felt she deserved a break - he ended up having to evict her with 4 mnths rent owing and house wrecked.

So Paulsgirl, yes, you can get rid of them, easier before 6 mths than after, so I would say do it now.  I have two properties rented and what I do is advertise it at a rent equal to or slightly lower than the going rate, that way you get a good few people interested and you can then be choosy about who you rent it to.   Best of luck,


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## Paulsgirl (29 Apr 2010)

Thanks for that Hippy, I'll check it out a bit more.  My husband is going to speak to the neighbours at the weekend to see if they've had any problems with them so we'll take it from there.


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## Berni (29 Apr 2010)

Paulsgirl said:


> We're now worried and are considering getting rid of the tenants.  Can we do that?



That will depend on whether you have a fixed term lease in place or not.

If you don't, then its a part 4 tenancy, and you can ask them to leave in the first six months without having to give  a reason.

If it is a fixed term lease, then you can only ask them to go if they have broken the terms of the lease. Neighbours thinking their friends are dodgy is unlikely to be one of those, so you will need something more concrete first.


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## Paulsgirl (9 May 2010)

Hi all,

Well as predicted, the tenant is turning out to be a nightmare.  The guards were called last night and someone got stabbed with a bottle at a party that was held in the house.  

So what do we need to do exactly to get the tenancy terminated?  Do we need to give notice?  The tenant is there less than 6 months.

Thanks


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## babaduck (9 May 2010)

Berni said:


> *That will depend on whether you have a fixed term lease in place or not.*
> 
> *If you don't, then its a part 4 tenancy, and you can ask them to leave in the first six months without having to give a reason.*
> .


 What type of lease agreement did you draw up with them?  This will determine what you can do next.


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## Paulsgirl (9 May 2010)

We have a 12 month lease drawn up but the guy in the house also hasn't paid his part of the monthly rent.  Most of it is paid by the Social Welfare so we were hoping this would help get rid of him.


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## Berni (9 May 2010)

Ok, since they have a fixed term lease, you can only evict them for breaches of it.

If you want to try the non payment of rent angle, you will need to issue a letter to them stating that they are late with the rent, and giving them 14 days to remedy the situation. If they don't, then you can issue notice of termination of the lease (28 days).

For the anti-social angle, you need to write to them outlining that there have been reports of anti-social behaviour, and that they must desist. If they do not, then you again can issue notice - 28 days unless very serious behaviour, in which case 7 days.
Take a look here for the sections of the act you need to refer to. 
[broken link removed]

Have you registered the tenancy with the PRTB? If not then they won't help you, and if the tenant knows this, then they have you over a barrel.


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## Paulsgirl (9 May 2010)

We are calling the guards about it tomorrow and hope they have it on record, if so, we should be able to go with the 7 days notice. The station was closed this evening. 

If the guards haven't got it on record, how do we justify this on the eviction notice that it was "serious antisocial behaviour"?  Would a report from the neighbours suffice?

We have registered with the PRTB.

Thanks, I've checked out your link and it appears by that, that we are required to give them a second chance. But we just want to ask them to leave.


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## mathepac (9 May 2010)

Non-payment of rent *and* "serious antisocial behaviour", that sounds like two chances to me. Get complaints from the neighbours, reports from the Guards *and* inform the Social about non-payment of rent.


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## Paulsgirl (10 May 2010)

Thanks.  The full amount is being paid by the social welfare by DD but the remainder of it (as we were charging more than what the SW were paying) is being paid by himself.  Well supposed to be anyway.

Thanks!


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## Berni (10 May 2010)

Is the rent from the tenant the €24 he has to pay on top of the supplement, or is it more than that?
If you are charging more than the max rent allowable for your area, I would be hesitant to run complaining to the SW.


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## Paulsgirl (10 May 2010)

Hi Berni,

Its a bit more than that.  We have declared the amount to the Social Welfare already though.  How do we find out what the max is for our area?


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## Berni (10 May 2010)

You can see the rates here.
http://www.citizensinformation.ie/c...supplementary-welfare-schemes/rent_supplement

If the amount was declared upfront you should be fine. 
The more usual case seems to be that the landlord puts one amount on the offical forms, and then has a side arrangement for the rest.


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## Paulsgirl (10 May 2010)

Thanks Berni.  I had no idea that existed.


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## Paulsgirl (10 May 2010)

Sorry again. But does anyone know how much notice we need to give before we call out with the eviction notice?  I believe we can't just call out on spec with it.  I can't find the info on the PRTB website.


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## Berni (10 May 2010)

48 hours is usually considered reasonable, definitely not less than 24.


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## Paulsgirl (10 May 2010)

Great, actually rang the PRTB there because I couldn't find the info. They said no notice is required for calling out. Only notice for inspection but their booklet doesn't say how much notice is required.


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