# RAS tenant not paying rent



## lopin (25 Sep 2013)

I have a tenant who owe RAS over €5,000. RAS wants me to remove them from my house. 

My question is
1. Why did RAS put a tenant like this into my property without doing a proper check?
2. If tenant with 3 children are evicted who will house them?
3. How difficult & how long will it to remove them from my property?
4. Will RAS continue paying rent while tenant is in my house?

Any advice welcome


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## Knuttell (25 Sep 2013)

I have a property rented through RAS, why are they paying the tenant to pay you, that was the big selling point for me is they pay directly to my account. I don't bother with S/W tenants anymore for that very reason.

What County is that in?


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## emeralds (25 Sep 2013)

Unfortunately it is not that unusual a situation. And by and large the council may leave it up to you to try and get the rent from the tenant.


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## lopin (25 Sep 2013)

Hi Emeralds.

Wexford

RAS have always paid me.

Its the tenant who is not paying his portion to RAS which is now over €5k


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## Knuttell (25 Sep 2013)

lopin said:


> RAS have always paid me. *its the tenant who is not paying his portion to RAS* which is now over 5k



On what grounds are you going to cease the tenancy,assume they have part 4 and the rent is being paid so if you force them out you are leaving yourself wide open to a PRTB case.

This is firstly a problem for the RAS staff in the CoCo to manage not you,seems to me they are getting you to do their donkey work and take a potential hit via the PRTB.


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## murphaph (25 Sep 2013)

I also have a house rented out under RAS, as far as I'm concerned, the council are contracted to pay me and that's that. The council have to take the hit until the contract expires, BUT you know what's coming then: council off the hook and you have yourself an overholding tenant who will play the system for a year before you get them out.

This isn't going to end well either way, so I'd probably engage with the council and see if they will fund your legal costs to start proceedings while you are still getting paid at least. I think there are grounds to evict-the contract I signed anyway includes an obligation on the tenant to pay their share to the council-failing to do so is a breach of the tenancy agreement (might be different in Wexford).


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## Bronte (26 Sep 2013)

lopin said:


> RAS have always paid me. its the tenant who is not paying his portion to RAS which is now over 5k


 
Wonderful stuff this. The council want you to evict a tenant, who is doing nothing wrong contractually or otherwise with you. 

Can you imagine the trouble you'd be in if you evicted, that tenant would righly be down on you with a ton of bricks from the PRTB if you evicted her. 

5K is a lot, normally people in this situation would be paying a very low amount, so those arrears could be a few years old at this stage, and the council have done nothing about it, and are now trying to apply pressure on you to sort it out. 

Did the council tell you to act by letter or phone?  I would be amazed if they put it in writing.  

Do you have a contract with the council that states you are to house this tenant, if yes, how can they get out of paying you?


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## lopin (26 Sep 2013)

So Guys,

What is your advice on what to do


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## venice (26 Sep 2013)

Under RAS contract you have to carry out normal landlord duties which includes eviction for non payment of rent. This does not sound too bad, why not explain to the tenant what you were told to do and then go through the proper channels, serve notice and evict. If the tenant gets awkward and does not leave, go through the PRTB and hope that the Council continue to pay the rent to you while the process is going on.
Make sure this remains the Councils problem and not yours.


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## Dermot (26 Sep 2013)

Under my Ras contract with the Co Co the Co.Co pay me.  As long as the Council pay me I have no right to remove the Tenant for non payment.  Lopin you are getting paid under Ras by the Co Co so it is of no concern to you.  You have no business even discussing this with your Tenant and certainly no grounds for removing the Tenant.  So do not go there. Simple
I wonder are the council in breach of the Data Protection Act in discussing the Tenants business with you ie the arrears


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## commonsense (26 Sep 2013)

lopin said:


> I have a tenant who owe RAS over 5000 Euro. RAS wants me to remove them from my house.
> My question is
> 1. Why did RAS put a tenant like this into my property without doing a proper check
> 2. If tenant with 3 children are evicted who will house them
> ...



From their own website:

"Landlord & Tenant Relationship and Responsibilities of Landlord. The key “landlord and tenant” relationship remains between the property owner and the former rent
supplement recipient. The local authority will act as broker or agent on behalf of the tenant. As such, the landlord will retain responsibility for:
1. Insurances - property, landlord’s contents and public liability;
2. Routine Maintenance/Repair and replacement of equipment; and
3. Dealing with breaches of the tenant’s obligations to the landlord should they arise."

If your tenant has not breached the terms of the contract that you and he/she signed then really you have no cause to evict the tenant.

The tenant has a separate agreement with the council and it looks like they are asking you to do their dirty work. 

Dermot makes a very good point. They should not be discussing this with you as it has nothing to do with you. You are upholding your end of your agreement and the tenant is complying with the T&C's of the lease.

I would simply forget about this but keep a close eye and make sure they continue to pay you. As they have a contract with you.


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## Dermot (26 Sep 2013)

Well stated "commonsense" and good advice which I totally agree with.


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## Knuttell (26 Sep 2013)

Dermot said:


> I wonder are the council in breach of the Data Protection Act in discussing the Tenants business with you ie the arrears



They have driven a coach and four though that act,its a bungle job from start to finish,get on to the RAS unit and find out the name of the senior officer there and then write him/her a letter outlining all the concerns highlighted.

Its down to them to manage the arrears owed for what must be a considerable time frame.


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## Trustmeh (26 Sep 2013)

Knuttell said:


> They have driven a coach and four though that act,its a bungle job from start to finish,



Pretty standard stuff. I would not make a big issue of the request from the council. Stay well clear - its really none of your business. I would tell the tenant what the council asked you to do - tell them your take on it - most important thing for you is to keep the tenant sweet. They will more likely look after your property if they think you are helping them in any way.

Council will REGULARLY tell a Landlord stories about tenants, warn landlords to NOT rent to certain tenants (for example if the tenant is currently living in one county, but tries to move into your county and claim RAS - council ALWAYS try to discourage this as it adds one to their list. They dont give a MONKEYS about you or your tenant. Fact.)


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## lopin (27 Sep 2013)

Hi All

I got the following information regarding RAS agreement, it does look like I have to deal with non-payment of rent to local authority

Landlord & Tenant Relationship and Responsibilities of Landlord
The key "landlord and tenant" relationship remains between the property owner and the former rent supplement recipient. The local authority will act as broker or agent on behalf of the tenant. 
As such, the landlord will retain responsibility for: 
1. Insurances - property, landlord's contents and public liability. 
2. Routine Maintenance/Repair and replacement of equipment.

3. Dealing with anti-social behaviour and any other breeches of the tenancy including non-payment of rent to the local authority should they arise.


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## commonsense (27 Sep 2013)

lopin said:


> Hi All
> 
> I got the following information regarding RAS agreement, it does look like I have to deal with non-payment of rent to local authority
> 
> ...




Where did you get that information? This is from the explanatory leaflet for landlords from the department of the environment:


 As such, the landlord will retain responsibility for:
1. Insurances - property, landlord’s contents and
public liability;
2. Routine Maintenance/Repair and replacement of
equipment; and
*3. Dealing with breaches of the tenant’s obligations
to the landlord should they arise.
*

It would make no sense for them to say that one of the advantageous of joining the scheme is:
_
The landlord not having to collect rents for the duration of the RAS contract;_

And then make you responsible for non payment of rent you have no responsibility to collect.? Does not compute.


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## lopin (27 Sep 2013)

Hi Commonsense,

I found the following information on Irishlandlord.com which relates to RAS

Rental Accommodation Scheme (RAS)


The Rental Accommodation Scheme (RAS) is a new initiative being introduced to cater for the accommodation needs of persons who are in receipt of rent supplement, normally for more than 18 months, and who have a long-term housing need (excluding asylum seekers or other non-nationals who do not have leave to remain in the State permanently, students and persons in receipt of rent supplement as a "back to work" incentive). The scheme is being administered by local authorities and is intended to provide an additional source of good quality rented accommodation for eligible persons to enhance the response of local authorities to meeting long-term housing need.  

Local authorities will enter into contractual arrangements with accommodation providers to secure the medium to long-term availability of private rented accommodation for RAS. 
While different contract types may be entered into [see below] they will have in common the following main features: 
· The local authority will pay the full rent to the landlord on behalf of the tenant. 
· The Residential Tenancies Act 2004 will govern the relationship between the landlord and the tenant. 
· The landlord must be tax compliant. 
· The property must meet minimum standards including fire standards for private rental accommodation as determined by the local authority. 
· The landlord must have registered, or agree to register the tenancy with the Private Rented Tenancies Board (PRTB).


How will RAS work?
RAS will involve a three-way relationship between: 
· The local authority and the landlord. 
· The landlord and the tenant. 
· The tenant and the local authority. 

In general, as a first step, the local authority will seek to enter into a contractual arrangement with the accommodation provider to make housing available to RAS for an agreed term (other arrangements may also exist, see below). The terms of this contract will be negotiated between the two parties. The accommodation may be an existing property or new build. The local authority will guarantee the rent on behalf of the tenant and will undertake to make the full payment directly to the landlord. 

Secondly, the local authority will nominate a RAS recipient to the accommodation who signs a residential tenancy agreement with the landlord. The nominee could be an existing tenant of the property who currently receives rent supplement, and is eligible for RAS. The local authority will be party to this agreement as guarantor of the rent. 
Finally, the RAS recipient and the local authority agree that the local authority will make payments to the landlord on the recipient's behalf. 

What contractual arrangements will exist between the Landlord/Agent and the local authority?
Models agreements have been developed for use with the scheme and will form the basis for contract negotiation between the landlord and the local authority. 

A number of forms of contractual arrangements between landlords/developers, local authorities and tenants may exist under the RAS. In the main these will fall broadly into three types of arrangement. 

· A) Availability type arrangements between landlords and local authorities to secure medium to long-term availability of accommodation (with local authority having nomination rights to accommodation). 
· B) Tenancy by Tenancy arrangements with landlords to meet short term accommodation requirements (Local authority guarantees rent payment only for term that a specified tenancy is in existence). 
· C) Long term PPP/Part V type arrangements between developers and local authorities to secure long-term availability of accommodation. 
Standard forms of contract form the contractual basis for arrangements between landlords, tenants and local authorities. The form of contract entered into will set out the general responsibilities of the three parties. Within certain parameters local authorities will be able to negotiate the particular conditions under which accommodation providers make their properties available for RAS. 

Landlord & Tenant Relationship and Responsibilities of Landlord
The key "landlord and tenant" relationship remains between the property owner and the former rent supplement recipient. The local authority will act as broker or agent on behalf of the tenant. 
As such, the landlord will retain responsibility for: 
1. Insurances - property, landlord's contents and public liability. 
2. Routine Maintenance/Repair and replacement of equipment. 
3. Dealing with anti-social behaviour and any other breeches of the tenancy including non-payment of rent to the local authority should they arise. 

How will rent levels be determined?
Rent levels will be determined by negotiation between the landlord and the local authority and will reflect local market conditions. 
The rent may not exceed the current SWA rent supplement rent level in the area for each type of household (single parents, family households of various size etc.). These rent levels will act as an upper limit in negotiations between local authorities and landlords. 
However, local authorities will seek a reduction in the current rent level in return variously for: 
· 1. The landlord not having to collect rents for the duration of the RAS contract. 
· 2. The landlord not having to fill vacancies (advertise and interview prospective tenants) for the duration of the RAS contract. 
· 3. The fact that the average yield across the private rented sector is less than a full year's rent due to vacancies/tenant turnover. 
· 4. The very bankable asset that a guaranteed fixed-term RAS rent payment represents. 
· 5. Guaranteed prompt payment by a State agency. 

Deposits and Damage to Property
No deposits will be paid under the RAS as a contractual arrangement will exist between the landlord and the local authority. However, where damage is caused to property, which is above routine wear and tear, the county council may guarantee the equivalent of up to one month's rent towards the cost of repair/replacement. The details of this will be the subject of negotiation. 

How to become involved in RAS?
Contact the housing department of the relevant county council


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## commonsense (27 Sep 2013)

Everything is the same except this one point: 

3. Dealing with anti-social behaviour and any other breeches of the tenancy including non-payment of rent to the local authority should they arise. 


On the "official" website here http://www.environ.ie/en/Developmen...ublicationsDocuments/FileDownLoad,2460,en.pdf, 

it clearly says:

3. Dealing with breaches of the tenant’s obligations
to the landlord should they arise

Now why this has been changed on Irishlandlord.com is a mystery. 

Do you have a contract from the Local authority? Do you have the explanatory leaflet? 

The tenant has a contract with the local authority to pay the rent to them - you have a contract with the local authority to provide the accommodation. They pay you - you cannot evict a tenant for non payment of a rent that they are not contractually obliged to pay you.


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## Dermot (27 Sep 2013)

> The tenant has a contract with the local authority to pay the rent to them - you have a contract with the local authority to provide the accommodation. They pay you - you cannot evict a tenant for non payment of a rent that they are not contractually obliged to pay you.



The above neatly sums up the situation.

As regards the 5k arrears this sounds like over 2 years of arrears but it is still not your problem and do not get involved in it or even discuss that you know about it to your tenant.
How would the Co Co be able to defend the situation that they have been discussing what amounts to confidential and private matters about their client with a third party (you).
This is clearly a breach of Data protection and the council employee who disclosed this information to you has questions to answer.
If you remove your tenant in the circumstances that you have stated PRTB will teach you an expensive lesson and the Co Co will walk away from you.  Make sure that the Co Co keep paying you on time and that there are no arrears.  
The Co Co. allowed a problem to develop now they have to sort it out themselves like what Landlords have to do


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## murphaph (28 Sep 2013)

Folks, the council are just going to let the agreement run its course and then walk away, leaving these non-payers to become very much the OP's problem. He should really seek some legal advice on this now while he's getting the rent each month. Doing nothing is not good advice here.


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## commonsense (28 Sep 2013)

murphaph said:


> Folks, the council are just going to let the agreement run its course and then walk away, leaving these non-payers to become very much the OP's problem. He should really seek some legal advice on this now while he's getting the rent each month. Doing nothing is not good advice here.




If he sought legal advice at this stage then I think he'd be wasting his money.

If the tenant refuses to pay the rent then they can be taken to court, this could be in the process as we speak. 

It could be the case that the rent arrears are deducted at source from the tenants income, especially if it is a SW payment. 

The council are still obligated the provide housing for this tenant either way.


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## murphaph (28 Sep 2013)

I've said my piece. I wouldn't be sitting back in a totally passive role here. The whole idea that the council remains responsible for housing people who refuse to pay any rent confuses me. I can't square that with the fact that councils evict people for non payment of rent. I think without the complete set of contracts signed by all parties, it's impossible to give solid advice. My RAS contract signed my me, my tenant and the council includes clauses that place an onus on the tenant to pay the council. Not paying them is a breach of their tenancy agreement itself. Breaching this agreement is grounds for termination thereof BUT I would want this clarified by my solicitor (but I'd be trying to deal with the council to get them to pick up my legal bill if they really want this tenant out).


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## lopin (29 Sep 2013)

Hi Guys

Many thanks for all your advice, I am going to ring the PRTB tomorrow and see where I stand with them. I will post the outcome. In my opinion data protection laws have been broken here for a start and based on the imformation here Wexford Co Co want me to do the dirty work for them and leave me with all the mess


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## ajapale (29 Sep 2013)

Lopin,

Have you been paid your rent in full for the property?



Bronte said:


> Did the council tell you to act by letter or phone?




aj


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## Bronte (30 Sep 2013)

lopin said:


> Hi Guys
> 
> Many thanks for all your advice, I am going to ring the PRTB tomorrow and see where I stand with them. I will post the outcome. In my opinion data protection laws have been broken here for a start and based on the imformation here Wexford Co Co want me to do the dirty work for them and leave me with all the mess


 
Is there any possiblity you could scan the lease and put it on here please - just delete the names and property address. 

I would in no way rely on the PRTB by phone, you need to have it in writing from them before you do anything.


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## Bronte (30 Sep 2013)

murphaph said:


> My RAS contract signed my me, my tenant and the council includes clauses that place an onus on the tenant to pay the council. Not paying them is a breach of their tenancy agreement itself. Breaching this agreement is grounds for termination thereof.


 
So it's one contract signed by 3 parties.  Being logical if the tenant breaches a condition than you would have grounds to terminate the tenancy agreement.  But you would also have to abide by the PRTB rules.  It's a bit messy this with 3 parties.  Can the council cancel your tenancy agreement with the tenant if the tenant doesn't pay them?

I wonder what county council's normally do to tenants who don't pay them?  I've read some of the PRTB cases but never have I seen one with a county council involved.


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## Trustmeh (30 Sep 2013)

Bronte said:


> I wonder what county council's normally do to tenants who don't pay them?



In a previous tenancy - my tenant was eventually (after several years of non-payment to council unknown to me) moved into a council owned house.

my tenant begged to NOT be moved, they preferred my house and neighborhood. BUT tbh they did themselves no favors and eventually they got moved by the council.

It had NOTHING to do with me - nor was i EVER asked to evict my tenant by the council. The only reason i ever found out was when the council stopped paying me any money one month - I called up to complain - and they told me they thought my tenant had vacated months ago - since they had not received any money from them.  When i told them they were wrong, that she was still living there - the payments continued.

I appreciate that lots of people like to give advice here - but many of them have zero real life knowledge about what they are giving advice on - they just share an opinion. ho hum.


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## lopin (1 Oct 2013)

I just spoke to PRTB, they informed me that I cant evict the tenant as the agreement is with RAS. 

The following clause is the reason why Wexford want me to evict tenant

5. LANDLORD’S OBLIGATIONS TO THE HOUSING AUTHORITY
In consideration of the Guarantee being provided by the Housing Authority to the
Landlord, the Landlord will:
5.1. On receiving written notice from the Housing Authority that the Tenant has
not complied with its obligations to the Housing Authority, immediately
proceed to terminate this tenancy in accordance with clause 6.
6. TERMINATION
6.1. Subject to clause 6.2, termination of this tenancy is governed by the
Residential Tenancies Act 2004.
6.2. During the first six months of the Term, the Landlord shall not be entitled to
terminate this tenancy other than on the first ground set out in section 34 of
the Residential Tenancies Act 2004, namely the Tenant has failed to comply
with any of its obligations in relation to this tenancy.

Any advice welcome


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## Trustmeh (1 Oct 2013)

I would not take PRTBs advice for a start. Their opinion is as vald as most of the opinions you are getting on here. 

Did the wexford CC give you written notice to evict your tenant? If not, then read all my advice above, do nothing. Untill such time as you stop recieving rent, or a term of your lease is broken, there is nothing you can do.

If you do get written notice to evict from the CC then simply forward the document to your tenant, and be clear that its not your fault, and that you have no interest in evicting them. They can fight the eviction if they choose to, or they can resolve the unpaid monies. You should have nothing to do with this problem, it has nothing to do with you, it cant!


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## commonsense (1 Oct 2013)

lopin said:


> I just spoke to PRTB, they informed me that I cant evict the tenant as the agreement is with RAS.
> 
> The following clause is the reason why Wexford want me to evict tenant
> 
> ...




The PRTB are correct. According to the law regarding leases/agreements:


" A lease cannot contain terms that contradict the legal rights of tenants and landlords. If this happens, your legal rights as a landlord or tenant supersede the terms in the lease."

It is clear that the clause inserted by the council breaches your rights.


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## lopin (7 Oct 2013)

Bronte said:


> Wonderful stuff this. The council want you to evict a tenant, who is doing nothing wrong contractually or otherwise with you.
> 
> Can you imagine the trouble you'd be in if you evicted, that tenant would righly be down on you with a ton of bricks from the PRTB if you evicted her.
> 
> ...




Hi Bronte

Wexford Co Co have instructed me in writing to evict tenant in fact they emailed me the the relevant paperwork to send to tenant, ie 14 & 28 day notice with all the tenants details filled in.


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## Time (7 Oct 2013)

Seek legal advice before acting.


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## venice (7 Oct 2013)

Evict these Spongers.  Its the right thing to do.


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## Time (7 Oct 2013)

It is not his problem. It is the problem for the council.


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## venice (7 Oct 2013)

Its his problem if the Council stop paying him. Its his problem when the contract finishes with the council.You dont think these people will just move out. My advice is to do as council say and give notice before this becomes your problem. ..


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## Bronte (8 Oct 2013)

lopin said:


> Hi Bronte
> 
> Wexford Co Co have instructed me in writing to evict tenant in fact they emailed me the the relevant paperwork to send to tenant, ie 14 & 28 day notice with all the tenants details filled in.


 
This is amazing. First off, do not do this. Send this letter to the PRTB by email and ask them is it ok to evict the tenant. I would only do what the PRTB advises you in *writing. *

If you don't believe me, go down to Threshold, pretend you are the tenant and that the landlords has shown you this Co.Co letter and that he intends to evict you and ask can he. 

Someone advised you to go to a solicitor/court. My understanding of the reasoning behind the PRTB is that in the event of a dispute, one first has to go via the PRTB, which BTW is useless for landlords, but only after that can you go the court route. 

All of this is a bit pedantic, you're being paid, so I'd keep the tenant sweet. Tell the Co. Co in writing that you will evict the tenant when the PRTB tells you it's ok to do so.

Please understand that what the PRTB or Threshold tell you will have a grain of truth, it could be wrong advice. But if you get it in writing from the PRTB, then I consider that you are covered if you evict the tenant.

Please tell us what the PRTB tells you to do.

One thing in all this is true, no matter what kind of contact you, the tenant or the Co. Co. have, it cannot have a clause that is contrary to the legislation.


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## Mrs Vimes (8 Oct 2013)

Are the Council willing to indemnify you in the event of a PRTB judgement against you for wrongful eviction? Perhaps if they were to provide you with such indemnity you could evict on their say-so and if it does end up in PRTB they would be the ones paying up.

If nothing else it would ensure that the Council is a bit more careful if they are the ones paying for a wrongful eviction.


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## Bronte (8 Oct 2013)

Mrs Vimes said:


> Are the Council willing to indemnify you in the event of a PRTB judgement against you for wrongful eviction? .


 
That's great advice.  There is no way the council will write that letter, but it nicely puts the onus back on them.


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## Time (8 Oct 2013)

Agreed.


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## murphaph (8 Oct 2013)

Yep, I'd be asking the council in writing for their written indemnity in case of illegal eviction. However, I wouldn't sit back and let the clock run out on this contract because the council sound sort of irrational in their behaviour. They are just as likely to cease payment to you as soon as the contract with you expires. The tenants are not going to leave because some contract they don't care about has expired and then it's all your problem with no revenue coming in. It's not something you can bury your head in the sand about I'm afraid and LLs are often public enemy number one so the council will have no fear in treating you shoddily. Joe Duffy listeners don't care about a ripped off LL!


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## venice (8 Oct 2013)

> the council sound sort of irrational in their behaviour



I really cant believe what I am reading in this thread.

The Council seem to be doing the right thing here and being responsible. The "tenants" are living in accommodation free of charge and owe €5000 in back money and the Council want to put an end to it.

Get these people out now before the Council pull the plug on you, and they will.


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## Dermot (8 Oct 2013)

lopin.  How long have you left on your RAS contract with Wexford Co. Co.?.
In relation to PRTB giving you a written opinion on your type of situation. I cannot see this happening.
Personally I cannot see from what you have quoted from your contract with Wexford Co Co in relation to the Tenants Obligation to the council as being in line with the Tenant / Landlord legislation. The PRTB will examine your case from the legislation if ever have to rule on your case.
The Council have a habit of thinking their internal policy over rides legislation which it does not.
Ask the Council have they sought a legal opinion on what they are asking you to do and if so would they give you a copy of the opinion they sought and the opinion they got.
If it was my situation I would be hoping to get to the end of the contract and give notice in advance to both sides that I would not be renewing or extending the contract.


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## lopin (8 Oct 2013)

Hi Dermot.

It was a 3 year contract which ended at the end of September 2013


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## Bronte (9 Oct 2013)

Dermot said:


> If it was my situation I would be hoping to get to the end of the contract and give notice in advance to both sides that I would not be renewing or extending the contract.


 

Well now we know contract has ended, so what can happen now.  Council stop paying Lopin, and tenant refuses to move.  Based on the tenant no paying the council, I could very well see this happening.  

If contract has ended then Lopin has a way out, as she can presumably validly terminate the lease.  It now does not have to be on the grounds that the council are not being paid, the PRTB already told her this was not a valid reason, but maybe she didn't tell them the lease had ended.


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## Dermot (9 Oct 2013)

Agree with you Bronte. We were contributing to this thread where a vital piece of information was not available to us ie " It was a 3 year contract which ended at the end of September 2013"


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## Knuttell (10 Oct 2013)

Dermot said:


> Agree with you Bronte. We were contributing to this thread where a vital piece of information was not available to us ie " It was a 3 year contract which ended at the end of September 2013"


 
3 pages of posts and a major part of the story undisclosed.

A jigsaw with most of the pieces missing.

Wheres the throwing your hat at it smiley.


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## Bronte (10 Oct 2013)

Dermot said:


> Agree with you Bronte. We were contributing to this thread where a vital piece of information was not available to us ie " It was a 3 year contract which ended at the end of September 2013"


 
Unbelievable, I agree, another poster did the same yesterday in relation to a will.


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## murphaph (10 Oct 2013)

I think the OP should be at red alert. The council could pull the plug on his payments at any stage IMO. Then he's got proven squatters to deal with himself.


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## facetious (10 Oct 2013)

Trustmeh said:


> Pretty standard stuff. I would not make a big issue of the request from the council. Stay well clear - its really none of your business. I would tell the tenant what the council asked you to do - tell them your take on it - most important thing for you is to keep the tenant sweet. They will more likely look after your property if they think you are helping them in any way.
> 
> *Council will REGULARLY tell a Landlord stories about tenants, warn landlords to NOT rent to certain tenants* (for example if the tenant is currently living in one county, but tries to move into your county and claim RAS - council ALWAYS try to discourage this as it adds one to their list. They dont give a MONKEYS about you or your tenant. Fact.)


But if a landlord wants to know something about a tenant, the council will not tell you - Data protection etc.


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## lopin (13 May 2014)

RAS Tenant finally vacated. Can anyone advise me on how long the council will keep paying the rent


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## Dermot (13 May 2014)

What did the contract between you and the Co. Co. state.  You need to be specific in relation to.

Length of time.

Was it for the rental of the house for a specific time.

Was it for the duration of that particular tenants tenancy.

I have not re read this post but there must be correspondence between yourself and the Co. Co. during this tenancy. What does this say.

You need to give precise details of the contract in your post in order to get an answer.


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## lopin (13 May 2014)

Hi Dermot,

The contract was for 3 years ending Sept 2013

I was instructed by the council to evict tenant as they were not paying there portion of rent to RAS

RAS have been paying me the rent all along so I was not in any hurry to evict

I have not got a chance to inspect the house to what type of condition it is in, but I am not optmistic about the outcome.

I presume they will pay me for at least another month, maybe I am wrong


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## Dermot (13 May 2014)

Did your tenant or the Co. Co. give you notice of the date that they were leaving.  If so.  When?.
I am not 100% sure of what notice you would be entitled to in the case of an overstay. There are a few posters on here that will give you the correct information on this.

Normally the Co. Co. have a clause in the contract/lease limiting the amount that they will be liable for damage on termination of the lease.  You will need to be able to prove the damage caused by receipts and photographs in the event of a claim. 
Following your tenant would appear to be a waste of time.  What type of accommodation have they gone to. 

I presume that you were paid on the 1st of each month in advance.  Personally I would notify the Co. Co. inside the next couple of weeks and in the meantime get the property ready for letting and let as soon as possible.  Get someone out from the Co. Co. to inspect the damage immediately.
You would be expected to do this anyway.


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## lopin (13 May 2014)

No notice was given from Co Co or tenant.

The tenant handed the keys back to the Co Co, that is where I got the information the tenant had vacated.

I know the Co Co will pay up to 1 months rent for damage.

Rent was always paid on the last Monday of the month so is not due until 27th of May

I agree its a waste of time following the tenant for damages.

I dont know what type of accommodation tenant have move to.


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## Bronte (14 May 2014)

When did the tenant leave, when did the co co inform you.  You don't have to tell the co co anything, they know the tenant has left.  

That's interesting RAS guarantees you 3 years rent, tenant or no tenant, and will give you one months rent for damage if necessary. 

Why did the tenant leave?  Did you have to do anything, take any action etc.  Can you tell us your dealings with the co co since October of last year.  

Would you recommend RAS to others. 

I'm surprised you haven't already been over to the property to inspect the damage.


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## lopin (14 May 2014)

Hi Bronte,

The tenants went to the Co Co yesterday and gave back the keys, that was the first I knew the property had been vacated.

As I am out of the country on holidays it was impossible for me to see the property, however one of my family will be checking it out on Friday.

I had issued 14 & 28 day notices to the tenants and was in the process of taking a case with the PRTB.

Would I recommend RAS, I also have a few other properties with RAS it was great during the downturn as I was guaranteed the rent coming in each month, however with rents on the increase i dont think I will be moving ahead with RAS in the future.

I have not been informed in writing from Co Co that the property has been vacated


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## Eisenhardt (30 Jul 2016)

lopin said:


> I have a tenant who owe RAS over €5,000. RAS wants me to remove them from my house.
> 
> My question is
> 1. Why did RAS put a tenant like this into my property without doing a proper check?
> ...


We entered the RAS Scheme almost 5 years ago...   County Council do not care about the landlord at all.  Tenants destroy homes and have done a lot of damage to ours... We are in the middle of a process to get things sorted... But county council just want your house and YOU are left to deal with whoever they decide to put in there, irrelevant of their past history etc., PRTB are not much better and yes we are registered there too... It's all for the tenant and nothing for the landlord... 
This may not answer your questions, but give you an insight of what you are up against.  
County council should continue to pay the rent... It's in their contract with you... And they must pay up to one months rent of damages and after that you have to go through your insurance.. It's a cop out for the government... 
County councils put people in houses and we the landlord have to deal with them... They could break three washing machines and you have to put a fourth in..  County council will tell you it's in the contract... Anyone not in it... DON'T..   very few are good tenants... I know a few...  My hime has been destroyed...  Because there is no deposit either... It will be hard to get money out of county council when my tenant leaves for damages... Not wear and tear... Pure damage ...
Good luck...


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## Eisenhardt (1 Aug 2016)

Trustmeh said:


> Pretty standard stuff. I would not make a big issue of the request from the council. Stay well clear - its really none of your business. I would tell the tenant what the council asked you to do - tell them your take on it - most important thing for you is to keep the tenant sweet. They will more likely look after your property if they think you are helping them in any way.
> 
> Council will REGULARLY tell a Landlord stories about tenants, warn landlords to NOT rent to certain tenants (for example if the tenant is currently living in one county, but tries to move into your county and claim RAS - council ALWAYS try to discourage this as it adds one to their list. They dont give a MONKEYS about you or your tenant. Fact.)


Agree totally.. Keep tenant sweet.. Cc don't care about tenant or landlord.. Just want your property... Any issues, they go hiding... And leave you to deal with... Cc are a disgrace... But while you have a contract they must pay you... Anyone know what happens when you don't have a contract or contract comes to an end... Is the landlord left to get rent out of the tenant ???????


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## Eisenhardt (1 Aug 2016)

venice said:


> I really cant believe what I am reading in this thread.
> 
> The Council seem to be doing the right thing here and being responsible. The "tenants" are living in accommodation free of charge and owe €5000 in back money and the Council want to put an end to it.
> 
> Get these people out now before the Council pull the plug on you, and they will.


Couldn't agree more... Cc will run... You'll be left with them... Get them OUT


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