# problem tenants: Can i just go and change the locks and lock them out.?



## pgbonds (13 Jul 2008)

I currently have tenants who have not paid rent in 4 months.

House damaged big time and getting worse.

PRTB say they have a 5 months waiting list.

Solicitor involved on my behalf hasnt been much aid and seems diinterested.

Can i just go and change the locks and lock them out.


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## bacchus (13 Jul 2008)

*Re: problem tenants*



pgbonds said:


> Can i just go and change the locks and lock them out?




Unfortunately no.


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## aircobra19 (13 Jul 2008)

*Re: problem tenants*

Sorry to hear of your troubles. But you'd need to read up on what not to do and what to do. Personally I think the PRTB are useless. They are too slow to be effective. 

http://www.boards.ie/vbulletin/showthread.php?t=2055280935
http://www.askaboutmoney.com/showthread.php?t=74132



> If a Notice of Termination is not complied with and the tenant does not leave, the only recourse is to refer a dispute to the PRTB about the tenant’s failure to comply with a valid Notice of Termination. The landlord may not take the law into his own hands. A dispute case referred to the PRTB about an illegal eviction will be given priority and there are procedures in the Residential Tenancies Act 2004 under which the PRTB may apply to the Circuit Court for an interim or interlocutory injunction to restrain the landlord and re-instate the tenant pending the PRTB’s determination of the dispute.
> If a tenant has vacated a dwelling and the rent is at least 28 days in arrears, the tenant’s tenancy is deemed terminated under the Residential Tenancies Act 2004 and the landlord is free to recover possession of the property.


 

http://www.irishlandlord.com/index.aspx?page=faq&answer=91#answer


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## ajapale (13 Jul 2008)

Posts recommending illegal action have been deleted. Please observe the posting guidelines.


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## murphaph (13 Jul 2008)

Isn't it legally possible to end a part IV residential tenancy in certain circumstances (for example if you need the property for your own occupation)?


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## aircobra19 (13 Jul 2008)

You can legally end it yes. But isn't the point here that the tenants are in breach of contract anyway.


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## j26 (13 Jul 2008)

S67(2)(a) of the Residential Tenancies Act, 2004 allows a landlord to terminate on 7 days notice for anti-social behaviour or behaviour that threatens the fabric of the premises.


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## murphaph (13 Jul 2008)

aircobra19 said:


> You can legally end it yes. But isn't the point here that the tenants are in breach of contract anyway.


So you can legally tell them to leave alright but if they refuse and sit in your property pulling the plaster off the walls you still have to wait until you get an ejectment order before you can forcibly remove them?


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## aircobra19 (13 Jul 2008)

TBH I don't know how an ejectment order works or what it is. I've never had to go that far. it would be interesting to find out more about it from anyone who has experience of one.


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## murphaph (13 Jul 2008)

I don't know either tbh. I'm concerned with commercial property and am seeking an ejectment order at present and it has to go through the district court and then the circuit court and only then can you lawfully cut the locks and boot them out. I believe it used to be the same for residential property until the PRTB came into effect (maybe it still is when the PRTB process is exhausted?)


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## ccraig (14 Jul 2008)

You should get a new solicitor by the looks of things.

A family member was in the same predicament last year, in stillorgan. Family moved in, promises of rent never materiales. Solicitor warned to send one warning followed by another 'x' number of weeks later which worked. You should get a solicitors advise asap as these things do drag on


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## aircobra19 (14 Jul 2008)

murphaph said:


> ....(maybe it still is when the PRTB process is exhausted?)


 
How long is resonable or useful.


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## pgbonds (14 Jul 2008)

Letter of notice of rent arrears sent followed 14 days later by notice of termination of tenancy.All done by the book by solicitor.Both ignored.


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## pgbonds (15 Jul 2008)

Thanks for advice.Im led to believe that if i write to these people and inform them that i intend to take up residence in the premises again what is the minimum time frame allowed to do so.Please help as stress levels gone through the roof.


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## j26 (15 Jul 2008)

If you've properly served notice on them for the rent, and the time has expired, you are entitled to start ejectment proceedings.  Your solicitor should be able to advise you on this.  If they ignored the notice on that, they'd probably ignore the notice about you intending to live there.

Further, if you don't actually intend to live there, they may be able to claim damages from you for putting them out under false pretences.


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## pgbonds (15 Jul 2008)

Im sick of the legal eagles and formalities.I am now in severe financial difficulty and have to live in the premises.I just want a straight answer 
as to how much notice i can give.1 month,1 week what?


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## aircobra19 (15 Jul 2008)

You should know all this. 
http://www.citizensinformation.ie/c...ng-a-home/if-your-landlord-wants-you-to-leave


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## j26 (15 Jul 2008)

pgbonds said:


> I just want a straight answer
> as to how much notice i can give.1 month,1 week what?


The reality is it depends, so give us enough information and stop drip feeding it and we can help you.

First question - are you registered with PRTB?  If the answer to this is no, you are buggered, so get registered asap.



Edit:  Btw you said they were damaging the property, and I told you there is a provision in the Act allowing you to serve 7 day notice.  How straight does it have to be?


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## pgbonds (15 Jul 2008)

Yes I am registered with PRTB.I served tenants notice as per legal advice.Notice ignored.Garage full of rubbish bags.Oil tank demaged, burning rubbish in back garden.front gate demaged etc.I have been told by solicitor that if they fail to aknowledge letter of termination then i still have to go through the prtb procedures which can take months before any date is set.Original Contract signed and i am also told that i cant do anything about breach of contract because that is tied in to the residential tenancies act 2004 which states  to refer everything through the prtb process before you have recourse to the courts.Every line of recourse has to go through the prtb according to solicitor.7 days notice or 28 days notice if ignored still has to go through prtb.Hence my dilemma.


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## aircobra19 (15 Jul 2008)

What dilemma? Legally you have to go via the PRTB who take months.


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## murphaph (15 Jul 2008)

aircobra19 said:


> What dilemma? Legally you have to go via the PRTB who take months.


It's still a dilemna for him as the guy's property is being illegaly damaged by his tenants while he is expected to take legal action against them! I can see his dilemna exactly.


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## aircobra19 (15 Jul 2008)

This is why IMO the PRTB process is broken. Its just too slow. Can't see it getting any more resources to speed it up either.  

Last time I had tenant like that I gave them back their deposit to get rid of them. Despite because of damage they had caused the propery we were entitled to keep it. It wouldn't have covered the cost anyway.


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