# Tenant gone can i enter the house



## Finlandia (18 Jan 2012)

I have a tenant who has only been in the house since the end of october, he paid the deposit and one month in advanced as per the agreement, he made one more payment at the end of november and has not paid since, he is now three weeks overdue, we have rang and text he answered initially and is now ignoring our texts and calls.

We called to the house this evening and looked in the window it looks like there is no one living there, legally can i enter the house ? he has broken the terms of the lease by not paying, any advice would be great thanks im really concerned about leaving the house unoccuppied. (


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## Ann1 (18 Jan 2012)

Hi Finlandia
You run the risk of trespass if the tenant is in fact still living at the address. He could be ill or on holidays. Why not post a note through the letterbox asking him to contact you urgently as you need to verify that the house is still occupied and that you will need to enter the property to make it secure if you do not hear from him within 48 hours. If you do not get a reply in 48 hours drop into the local police station and ask if they could assist you...advise you. The last thing you want is to enter the house without an independent witness. You could end up being accused of theft.


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## Finlandia (18 Jan 2012)

Hi Ann1

I was considering texting again in the morning saying that because i have not heard and have had no contact i am to presume you have left and that if i dont hear by the close of business i will be entering the house to check (by looking in the window the tv is gone thats one reason i believe there is no one there, i dont want to leave the house idle


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## venice (18 Jan 2012)

If it was me i would enter the house. He could be dead in side. You are only concerned about your tenant. Oh and its your house. . .


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## Time (18 Jan 2012)

The cops won't want to know. Tis a civil matter.


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## Finlandia (18 Jan 2012)

I want to do things right and not break the law by entering but i dont want the house with no one in it, im concerned about the house and the mortgage that has to be paid, he was seen leaving on for work on monday and hasnt been back since i have tried everything to contact him but he is avoiding my calls, texts and the estates agents calls and emails.

Im really looking for advice where i can legally enter the house


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## Time (18 Jan 2012)

It's only 2 days. I think you are jumping the gun.


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## venice (18 Jan 2012)

Legally no you cant enter


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## Finlandia (18 Jan 2012)

if i cant enter and he has left how can i check the house and get another tenant in to pay the rent


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## Ann1 (18 Jan 2012)

Finlandia said:


> if i cant enter and he has left how can i check the house and get another tenant in to pay the rent



The landlord may terminate with 28 days notice where the tenant is in default. If the default is non-payment of rent, the landlord must notify the tenant in writing that the rent is owing and give them 14 days to pay the rent prior to serving 28 days notice to quit.


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## Time (18 Jan 2012)

So you have to stay out for 42 days.


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## Finlandia (18 Jan 2012)

so even if he has left and done a runner are you saying i still cant enter the house


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## Ann1 (18 Jan 2012)

Finlandia said:


> so even if he has left and done a runner are you saying i still cant enter the house


If you are sure he has done a runner ...you have every right to enter your own house. If he is just avoiding you and not returning your calls and is in breach of the lease for non payment of rent you also have the option of terminating his lease.


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## Time (18 Jan 2012)

You have to give him 14 days to pay and then 28 days after that to get out, only then can you enter. I suggest you attach the notices to the door of the house and take pictures.

If you are 100% sure he is gone for good by all means go in. I would be treading very carefully.


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## extopia (18 Jan 2012)

You seem to be a landlord with no actual knowledge of your rights and limitations re entering the property that you have rented out. You need to take legal advice.


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## Time (18 Jan 2012)

Agreed in spades. 

Put a foot wrong and you will be the one paying him compensation.


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## Finlandia (18 Jan 2012)

if the tv etc is gone and there is no visible sign from looking in the window can i presume he is gone and then enter, if his is gone which i think he is cause he hasnt got the rent i dont need to send a 14 day letter and can get someone else in asap


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## Time (18 Jan 2012)

Seek legal advice before doing anything. 

TV gone proves nothing.


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## Ann1 (18 Jan 2012)

Finlandia said:


> if the tv etc is gone and there is no visible sign from looking in the window can i presume he is gone and then enter, if his is gone which i think he is cause he hasnt got the rent i dont need to send a 14 day letter and can get someone else in asap


I would find it unusual that someone would do a runner owing 3 weeks rent and leave a deposit behind. What has the PRTB or the estate agent advised you to do.


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## Finlandia (18 Jan 2012)

hi ann1 he never paid the rent which was due at the end of dec and asked if we could use the deposit to cover it which we said no as it was a security if anything in the house went wrong but we had to use it to cover the mortgage so effectively he hasnt paid since the end of november if you take the deposit out of the equation


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## Ann1 (18 Jan 2012)

Check with your estate agent Finlandia...I'm sure they have had situations like this before and would know best how to deal with it.


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## venice (18 Jan 2012)

You have been messed around enought, enter the house.


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## Finlandia (18 Jan 2012)

thanks my estate agent has said they will re advertise and get someone else is asap once we know he is gone just need to get clarification from him that he is gone bit hard when he wont reply


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## extopia (18 Jan 2012)

Is that the agent who found this lovely tenant in the first place? Good luck with the next one


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## mercman (18 Jan 2012)

Have you called his place of work ?? Personally, I'd re-enter, change the locks and suffer the consequences later. He knows he has done wrong and is leading you to follow your own course of action.


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## extopia (19 Jan 2012)

What you or I would 'personally' do is irrelevant.The OP is looking to know what he can legally do.


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## dewdrop (19 Jan 2012)

I think the legal position has already been outlined.  My advice is to follow this route as otherwise you could risk being sued which could cause you much more worry than the current situation.


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## Bronte (19 Jan 2012)

Do you know where the tenant is or where he works?

Practically if he is gone then I would enter, no point on compunding your losses.  Was the ESB/Gas put in his name, if yes he may have closed the accounts to get his deposit back, unless he's run up a horrendous bill and plans on not paying, check with them.  Ask the neighbours when they last saw him etc.  You need to do some detective work.  

Before you enter the house I'd send an email to the PRTB stating that the tenant has deserted the property, that he doesn't reply to your emails/texts, house calls etc and that he hasn't paid the rent and that you fear (for example) that the house will get damaged due to frost so you are entering the house.  That way the tenant cannot pretend that you evicted him.  When you check out the house you will know if he is really gone, a TV is nothing, he might have gone on holiday for a couple of weeks with the TV, but if he left personal items behind he is likely to return.  Take pictures and proof of date of entry and a witness.  If he is not gone, leave the house immediatly without touching anything and go down the proper notice route of serving proper notice.  

The above practical advice is what I would do as a landlord, it is not in any way legal advice.


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## johnjoda (19 Jan 2012)

*Caution*

I would advise calling Threshold.ie Be very very careful before entering the property you will be ending in trouble if it all goes wrong.
Assuming you are prtb registered you should know the rules, if not you deserve the hassle.


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## Slim (19 Jan 2012)

Finlandia said:


> hi ann1 he never paid the rent which was due at the end of dec and asked if we could use the deposit to cover it which we said no as it was a security if anything in the house went wrong but we had to use it to cover the mortgage so effectively he hasnt paid since the end of november if you take the deposit out of the equation


 
If it looks unoccupied, you have security concerns as to freezing pipes etc, you should enter and then change the locks. Let him take you to court. If he can afford to do that then he can afford the rent. Not going to happen, IMHO. This is not legal advice.


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## venice (19 Jan 2012)

ENTER the house.....

If he has gone then everyday you dont enter the house is costing you money.
If he is still there then leave and go the legal route.

It appears he has gone. GO IN


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## dereko1969 (19 Jan 2012)

venice said:


> ENTER the house.....
> 
> If he has gone then everyday you dont enter the house is costing you money.
> If he is still there then leave and go the legal route.
> ...


 
Presumably by stating this you will agree to personally indemnify the OP should any legal action be taken against him/her?


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## venice (19 Jan 2012)

> Presumably by stating this you will agree to personally indemnify the OP should any legal action be taken against him/her?


 
I don't understand, why would I do that? i don't even know who the OP is.

We are all responsible for our own actions. 

I am stating what i would do, its up to the OP after that.....


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## ClubMan (19 Jan 2012)

venice said:


> I am stating what i would do, its up to the OP after that.....


The original question was


Finlandia said:


> legally can i enter the house ?


not 


> what would you do?


The answer to the question actually asked is "no".


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## johnjoda (19 Jan 2012)

Very poor advice ! Changing the locks equates to illegal eviction and it costs nothing for a tenant to take a landlord to a PRTB hearing. This organisation is the only outfit in Ireland that deals with private residential tenancies and they take a very dim view on any landlord who does not play it by the book.


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## twofor1 (19 Jan 2012)

Finlandia said:


> legally can i enter the house ?


 
No, but if you are satisfied the tenant is gone I think you can legally enter and take possession when rent is 28 days in arrears, in this case that would be next week.

*Illegal Eviction*
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 section 37 of the 2004 Act and the landlord (if satisfied that these conditions are met) is free to recover possession.

*Sections 37 and 194 - Deemed Termination of Tenancies*
The following is a general note for guidance only and individual circumstances of particular cases may vary.

If the tenant does not serve any notice of intention to terminate but moves out, then, at a time when the rent is 28 days in arrears, the tenancy is deemed terminated. In these circumstances the landlord is entitled to recover possession of the dwelling even if the tenant has left some belongings behind. However, the tenant remains liable to pay rent for the correct period of notice that should have been given.

http://public.prtb.ie/act.htm


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## Finlandia (19 Jan 2012)

johnjoda said:


> I would advise calling Threshold.ie Be very very careful before entering the property you will be ending in trouble if it all goes wrong.
> Assuming you are prtb registered you should know the rules, if not you deserve the hassle.



As I have only recently become a landlord this is all new to me my application is being processed with the PRTB (which i sent in as soon as the tenant signed the agreement) so I am not familiar with all the rules.

My EA has sent a another email stating that if we do not hear back from him today by the close of business we are to presume he has vacated the premises and that we will be taking back possession of the house from this evening and are within our rights to chase him for any monies due.

The gas and electricity are in his name so i will contact them tomorrow to get  them changed back


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## Finlandia (19 Jan 2012)

twofor1 said:


> No, but if you are satisfied the tenant is gone I think you can legally enter and take possession when rent is 28 days in arrears, in this case that would be next week.
> 
> He actually hasn't paid since the end of November as asked if we use his deposit to cover the month of December which we refused so is he really not 7 weeks over due ?


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## twofor1 (19 Jan 2012)

Finlandia said:


> He actually hasn't paid since the end of November as asked if we use his deposit to cover the month of December which we refused so is he really not 7 weeks over due ?


 
If rent was due and paid at the end of Nov. it would not be due again until the end of Dec.

He is only in arrears since the end of Dec.


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## Kerrylady (19 Jan 2012)

If the tenant asked you could he use his deposit as the rent for January I find it quite obvious he was planning on leaving the end of this month. When he started to get calls and e-mails from you and the agent he probably then decided to leave early because of the hassle. At this present moment in time you are not out of pocket until the end of January. I would text him again saying you will use the deposit as this months rent if he has left. Tell him all you need to know is has he vacated the house. If the text is in a friendly approach with a bit of luck you'll get a response. If he says he has left then you have the green light to re-enter legally.


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