# Tenant may have moved out without letting me know



## Ger1966 (16 Jun 2019)

HI all,

I own a property about 100K from where I live. It's been let out to a family (husband, wife and 1 child) for the past 9 years. The rent is due on the 1st of the month and, more or less, it was always paid on time.  

The June rent was due on the 1st, but as this was over the bank holiday weekend, I was expecting to see it arriving on Tuesday 4th. I didn't check my account to see if it was lodged and only checked it last Wednesday and noticed it wasn't there.  I tried calling the tenant but there was no reply; I sent a WhatsApp message but it hasn't been read yet and I also sent a text message, but didn't get a response. 

I called one of the neighbours who lives close to my property to see if the tenants are still around. He hadn't seen them but he told me that my tenant told another neighbour that he was going "back" to his home country.  I asked if he knew if this was just for a holiday or if it was a permanent move.  Unfortunately, he didn't know.

I'd like to get access to the house, but I want to make sure that I'm following the correct procedure. The lease is registered with the RTB, so should I contact them to see what I should do?  Or should I go to the local gardai and explain the situation to them and see what they suggest?

Any suggestions / advise on what I should do next?


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## Sconeandjam (16 Jun 2019)

Don't do anything hasty. This time of year many eastern Europeans go home from 2 to 4weeks. Ring the number you have and message again. Tell them there is no rent paid in the account and when will it be paid? They might only put the mobile on certain times of the day. 

They have been with you for many years and have never done this before. They are in the final year of a 6yearlytenancy. You have to give them 14days notice of non payment of rent in writing. Template on the rtb website. Give them 14days plus a day and then send the second notice of non payment and then notice to quit which is on rtb website also.

They could have said they are going home(holiday) not actually relocating home. If they gave been renting from you they more than likely would have told you they were leaving.

You cannot open the door of the property as they are entitled to peaceful enjoyment. If you are near you can message them with 24hours notice that you will be calling over to the property. You can knock at the door and see if they are here.

You have a months deposit as well sitting there so they have rights.


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## NoRegretsCoyote (16 Jun 2019)

This is a civil matter so the Gardaí will have no interest.

The RTB will not be interested either as the rent arrears are very recent.

I think you need to drive there and knock on the door.


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## Ger1966 (16 Jun 2019)

Thanks, @Sconeandjam. I'll download that template now and fill it in and post it.  If they're not in the house at the moment - be that on holiday or completely moved out - do I need proof of delivery? Same question for the second notice (if it comes to that)? 

As I said previously, I called, texted and WhatsApp'd to inquire about the late rent, but didn't get any response. If I call / send a text or WhatsApp and ask them if I can view the house on a certain day and they don't reply, what happens then?

@NoRegretsCoyote I only mentioned the RTB in relation to asking for advice and not to initiate anything. SconeandJam has provided the info, so no need to contact them now.


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## NoRegretsCoyote (17 Jun 2019)

@Ger1966

Registered post costs €8 in any post office and it will tell you online as to whether they've received it, probably as soon as the next day. It's probably cheaper than driving to hand deliver it.

You may end up with the RTB, and a paper trail from the very start proving how you've sought payment will be useful to you.


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## Ger1966 (17 Jun 2019)

Thanks @NoRegretsCoyote. Doesn't a registered letter need to be signed for though by the person it's addressed to? If the tenants have permanently moved back, there won't be anybody there to sign for it, and the letter will just be returned to me.

I should mention also that the neighbour down there is keeping in contact with me and there's no sign of anybody coming in our out of the house.


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## NoRegretsCoyote (17 Jun 2019)

Ger1966 said:


> Thanks @NoRegretsCoyote. Doesn't a registered letter need to be signed for though by the person it's addressed to? If the tenants have permanently moved back, *there won't be anybody there to sign for it,* and the letter will just be returned to me.


Well that might give you a clue as to whether they've permanently moved out or not.

If they have, to legally take back possession of the property you will have to demonstrate best efforts to seek rent, contact tenants, etc. So a registered letter is good evidence and is pretty cheap in the scheme of things.


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## Nutso (17 Jun 2019)

Another option that someone mentioned here before is to have it delivered swiftpost rather than registered.  Swiftpost doesn't require a signature but has a record of delivery.


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## NoRegretsCoyote (17 Jun 2019)

@Nutso

This doesn't seem to exist anymore.

From what I can tell An Post just give the options of regular post (no proof of postage or delivery) or registered post (proof of postage and delivery).


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## RedOnion (17 Jun 2019)

NoRegretsCoyote said:


> This doesn't seem to exist anymore.


It does. It's just rebranded Express Post.


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## Ger1966 (17 Jun 2019)

Hi all. Registered letter has been sent.


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## Ger1966 (17 Jun 2019)

Mystery solved. The tenant has left. He left the keys with another neighbour 3 weeks ago.


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## Palerider (17 Jun 2019)

You had them a long time yet they left with no notice which is disappointing and happens all too often, at least you were on it quickly.


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## Ger1966 (17 Jun 2019)

It's disappointing alright @Palerider.  

I'm heading down at the weekend and am not looking forward to seeing what greets me beyond the font door


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## PaddyBloggit (17 Jun 2019)

Ger1966 said:


> I'm heading down at the weekend and am not looking forward to seeing what greets me beyond the font door



Let us know how you get on.


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## NoRegretsCoyote (17 Jun 2019)

Sadly, this is why three months' deposit should be standard, not one.


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## Ger1966 (17 Jun 2019)

PaddyBloggit said:


> Let us know how you get on.


Will do @PaddyBloggit


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## Ger1966 (17 Jun 2019)

NoRegretsCoyote said:


> Sadly, this is why three months' deposit should be standard, not one.


Agreed.


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## elcato (18 Jun 2019)

To be fair, the tenant was there 9 years. A lot of wear and tear and assuming not much has gone into it in that time, I would imagine  it will be OK. I'd say they were just worried you might hit them with all sorts of bills so they took a chance and just moved on. It may well be a case that there was some repairs necessary over the nine years but they didn't want to say anything for fear the rent may rise. Hopefully worst case scenario is that an esb bill is due.


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## AlbacoreA (18 Jun 2019)

NoRegretsCoyote said:


> Sadly, this is why three months' deposit should be standard, not one.



I don't disagree but the reality is, they'll just stop paying 3 months earlier. Without a 3rd party bond system deposits are of limited use. 

Gives you 3 months notice I guess, when the rent stops.


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## Ger1966 (23 Jun 2019)

Just to update on this. 

I went down yesterday and there's nothing serious to deal with.  It's all cosmetic and nothing that a lick of paint and new wooden floors won't put right. The garden is in a bit of state, but again nothing that some hard work won't put right. 

There's the question of utility bills now to deal with.  There are letters there, addressed to the tenant, from Bord Gais (I assume this is the electricity) and another from Eir.  I need to alert these that the tenant has moved out without notifying me, and I assume it's the same for them.  Is it OK for me to open these letters and get the account number, or do I just call Bord Gais and Eir, give them the property address, let them know that I'm the landlord and tell them that the tenant has moved out and get the bills (temporarily) moved into my name while I'm doing up the property?


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## Palerider (23 Jun 2019)

I would not open post addressed to another person, return it marked gone away, no longer at this address and have the meter put into your name.


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## lff12 (26 Jun 2019)

NoRegretsCoyote said:


> Sadly, this is why three months' deposit should be standard, not one.


Not unusual, I had to pay 6 weeks on a tenancy about 12 years ago, but that was a couple with a very significant portfolio.


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## lff12 (26 Jun 2019)

Ger1966 said:


> Just to update on this.
> 
> I went down yesterday and there's nothing serious to deal with.  It's all cosmetic and nothing that a lick of paint and new wooden floors won't put right. The garden is in a bit of state, but again nothing that some hard work won't put right.
> 
> There's the question of utility bills now to deal with.  There are letters there, addressed to the tenant, from Bord Gais (I assume this is the electricity) and another from Eir.  I need to alert these that the tenant has moved out without notifying me, and I assume it's the same for them.  Is it OK for me to open these letters and get the account number, or do I just call Bord Gais and Eir, give them the property address, let them know that I'm the landlord and tell them that the tenant has moved out and get the bills (temporarily) moved into my name while I'm doing up the property?


Ring up both utilities and ask. They will usually open a new account in your name and close off the old one. You can take the money out of their deposits, hopefully.


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