# I am going mad with tenants in arrears



## Cormywormy (7 Apr 2009)

Can someone give me advice on what to do, I want to throw them out but the solicitor said that could take 6 months to do it the proper way. I just want to go to the house and say get out. 

The full story is they were in 1 month’s arrears, but then they paid. Then they went into 2 months arrears, my house management company (wont name it) that are looking over the house said the tenants would probably pay so I did nothing. They didn’t pay and now they are in 3 months arrears as they are no money in the bank for this month.

I want to get them out, so can anybody please give me advice on how I could get them out. They are being paid by social welfare, but im not getting it.

The management company is useless and won’t make contact with me and they are saying they are on holidays every time I ring, but I do get in contact with the secretary.

All the best 
Cormywormy


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## sam h (7 Apr 2009)

*Re: Im going mad with tenents, there in arrears*

I would be very annoyed with your mgmt company for letting it go for so long as notice will only apply from the date it is served to them.  After they were so late the last time, the tenant should have been warned that if it happens again they will be served notice within 7 days of being late.

You can;t just throw them out (without ending up in a whole pile of trouble).  You don't say how long they are there, but if you go onto the PRTB site, you will get details of what notice is required.

You should sack you mgmt company & take over yourself.  Call to the tenants & ask for the rent due (or as much as you can get off them).  Serve them the appropriate notice.  

Contact the HSE to say the tenants have not being paying their rent for x amount of time (you won't get much feedback from them as their contract is with the tenant, but in my experience they can give the tenant a talking to & often helps).   

Call to the property every day to ask for the rent - you need to make sure they take you seriously (but you can't enter the property without notice, as per your contract).


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## Cormywormy (7 Apr 2009)

*Re: Im going mad with tenents, there in arrears*

Thanks for the advice. the tenents are in the house 8 months.


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## twofor1 (7 Apr 2009)

*Re: Im going mad with tenents, there in arrears*

My understanding of the procedure is once rent is 7 days late, you write to them, by express post (recommended by PRTB) stating the amount owed, and giving 14 days from receipt of this notice to pay, only after this notice has expired can you then issue the 28 day termination notice.

The PRTB will not get involved until you have followed the correct procedure and the final 28 days notice has expired without the issue been resolved, when they do there is a long waiting list.

AFAIK other than requesting payment and notifying the HSE, you can’t do anything to get them out until the PRTB deal with it.

From No.4 in Termination of Tenancy here: http://www.prtb.ie/downloads.htm

“Otherwise the normal notice period for terminating a tenancy by reason of non-compliance with tenancy obligations is 28 days for both landlords and tenants where the failure has been notified in writing and not remedied within a specified period. Where the breach of the tenant’s obligations is a failure to pay the amount of rent due, a termination notice may only be served following the written notification by the landlord to the tenant of the amount owing and the rent still being owed 14 days after that notification is received.”


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## cheers (8 Apr 2009)

*Re: Im going mad with tenents, there in arrears*

Hi,  

you must serve 14day notice on your tennant once they first go in to arrears and then serve 28day notice to leave your property.  So if you aint served it and they're hardshaws you is looking at giving them free accomadation for the next 6 weeks (not bad after todays budget).   I know as I suffered had the hands of professional tennants who did exactly what they're doing to you. went 1 mth then 2 then paid, then started all over again.  Previous caller said call every day. 

Technically you need to make an appointment as my tennant informed me.   They even accused me of waking their kids even though I knocked on the door at 3pm. They went to the Gardai with a fictious complaint but thankfully I had a witness and they decided not to go down that road.  Any time I had to call then I had to call the local Gardai who I have to admit were brilliant the only people these scumbags feared and the only ones who could help me.  They mediated with them and I on the advice of a TD and my solicitor gave in to their demands and returned their deposit despite owing 5250 months rent. 

I rang prtb as I was registered but they couldn't give me an Idea how long case would take. I couldnt afford the luxury of prtb taking 12months to investigate as I would have lost 18000.  I had to make a business decision and cut my losses.  Its mad then that if we dont register with prtb we cant off set interest as an expense against tax. 

This is a stressful matter for anyone and my heart goes out to you.  You'll either get lucky and lose or just lose Im afraid.  As my scumbag tennant said to the Garda that had accompany me on one occasion 'Sur haven't we all the rights - did ya not see the programme tennants from hell - he knows that to or he wouldn't be offering me my deposit back'.

Landlords have no rights and listening to Joan Burton's views on mortgage interest relief one might be better making a loss. 

Best of Luck.

P.s I got a lovely tennant after so there is light at end of the tunnel.


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## MrMan (8 Apr 2009)

*Re: Im going mad with tenents, there in arrears*

First contact the social welfare officer dealing with the tenant and write to them stating that they are profiting from a state benefit. You can ask to have the rent sent directly to you from now on if you still want them. If you dont want them, you will be looking at facing another 2 months without pay because of 'their rights'.


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## Cormywormy (8 Apr 2009)

Thanks to all who replied and thanks reddevil will look into that.The MC got of there bum and looks like the tenents are leaving the house on wensday. will let you all know how it goes


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## Bronte (9 Apr 2009)

Cormywormy said:


> Thanks to all who replied and thanks reddevil will look into that.The MC got of there bum and looks like the tenents are leaving the house on wensday. will let you all know how it goes


  You need to change agent or better still manage the property yourself.


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## Cormywormy (9 Apr 2009)

I wont be able to manage it myself, i dont have the time. But i will look into what other MC there is.


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## Locke (9 Apr 2009)

Best of luck with it Cormywormy


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## ULS (9 Apr 2009)

Cormywormy I am in the same position at the moments tenant left today thank goodness after 3 months of not paying rent.  Im going up to get all the locks changed now dont forget to change any patio and back doors etc my tenant tried to lock me out by locking all front door locks from inside and I think he went out the pation door.  Take a camera with you when you go in and take pictures of any damage that has been done.  There are a couple of routes you can go down, I think the HSE have to take some responsability, you can go the legal route with a solicitor or go to the PRTB who are not all that helpful but send in the dispute form will pics etc and at least you will be doing all that you can to help the rest of us out there with these spongers.
Best of Luck


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## Cormywormy (26 Apr 2009)

Hi people sorry didnt up date quicker.The tenents left on tuesday themselves not on wensday.The smell of the house, dogs and cats in it.The place is filthy inside. Had to get 4 new carpets.Had to touch up every wall of paint. And bought a 20 pack of air freshners!!!! I know the next door neighbour and he said he told them to det rid of 4 kittens by a certain day and they didnt. So the next day they left for work and he drowned them.There is a new man coming to view it on tuesday or wensday.thanks everybody for replying to my thread. UlS good idea to take pics buy forgot. House is done up now.thanks


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## Cormywormy (26 Apr 2009)

Yeah, he told them to get rid of them, they were kittens i think. They didnt so he did what he said he would.They didnt care.


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## MrMan (27 Apr 2009)

Cormywormy said:


> Yeah, he told them to get rid of them, they were kittens i think. They didnt so he did what he said he would.They didnt care.


 
Nice neighbourhood.


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## Bubbly Scot (27 Apr 2009)

Cormywormy said:


> Yeah, he told them to get rid of them, they were kittens i think. They didnt so he did what he said he would.They didnt care.



Oh so he warned them first...that's allright then


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## sam h (27 Apr 2009)

Quite frankly - that is outrageous.


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## jhegarty (27 Apr 2009)

I wonder if that's why they stopped paying rent and moved out.


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## lightswitch (27 Apr 2009)

Cormywormy, you had my sympathy until the kitten incident and your attitude towards it.  I pity your new tenant now with a neighbour like that. I hope you will give him a full update on your last tenants experience. LS.


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## Cormywormy (27 Apr 2009)

bubbly scot he did warn them he would do it if they were not sent to a home or sold.

jhegarty they were in arrears for a time before i found out what the neighbour did.

Lightswitch what to you mean my attitude towards it , if he told me he was going to kill the poor things i would have got them re-homed. He did i with-out telling me before-hand.A grown cat was left behind and i got it re-homed.


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## MelF (27 Apr 2009)

This is horrific, what business is it of the neighbours? What did you say to him about murdering innocent animals, because warning or not, that is exactly what it is!! Am horrified!


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## Cormywormy (27 Apr 2009)

His dog is kept in the back garden and the cats were driving the dog mad day and night. Well just to say i wasnt to pleased when i found out, i do have many animals myself.


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## thedaras (27 Apr 2009)

jaybird said:


> I think you should call the ISPCA and report him for cruelty. How does he treat his dog if he goes around nochalantly killing cats?


Couldnt agree with you more..absolute disgrace!!
Did the neighbour think he was entitled to do this because the tennants were in arrears?
Imagine if that happened to someone who owned the house,would the neighbour have been so "brave" !


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## Cormywormy (27 Apr 2009)

Jaybird i do know and can asure you he does treat his dog very well, he is a minded, well groomed dog that is walked every day.

Thedaras no he did not think entitled to do this because the tennants were in arrears. I know that for fact. he does not know my bussiness that well.


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## Steve D (27 Apr 2009)

Well, one good thing about this is that his behaviour probably helped you get rid of the tenants. Keep on his good side, you made need his help in future to bully other unwanted, ungrateful tenants out of your property.


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## shootingstar (27 Apr 2009)

can we stick to the topic please???? (so typical of in here  - people bouncing of others!)

CW - well done on getting your tenants out (without too much hassle - it could have been worse)... dont let it put u off renting out again. I had awful trouble with tenants last year. It honestly broke my heart, i had to evict a family & they had young children & the feckless father didnt give a damn.. oh dont get me started,...I cried outside my own house with my father standing there. 
You should possibly look into have the R/A cheque sent directly to you as opposed to your new tenants maybe. not even sure if this can be done but perhaps someone can clarify this for me? I wish you the best with it... we all deserve a stress free life...


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## Cormywormy (27 Apr 2009)

Finally something postive.
Steve D, that is what im trying to say if it was me living next door i would have dealt with the suituation differently, like calling the local warden. But that is the type of man he is and that is how he deals with things,And as i said he done it then told me.I wont interphere with him let him do things what way he wants.





shootingstar said:


> can we stick to the topic please???? (so typical of in here - people bouncing of others!)
> quote]
> 
> Very true there shooting star. The cheque should have been sent to my account in the first place buy in the form when the tenants fill it in they can chose were the money will go there account or my account(the landlord). It should not be like that, they should not have a choice.Thanks you for your kind words.


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## Steve D (27 Apr 2009)

Cormywormy said:


> Finally something postive.
> Steve D, that is what im trying to say if it was me living next door i would have dealt with the suituation differently, like calling the local warden. But that is the type of man he is and that is how he deals with things,And as i said he done it then told me.I wont interphere with him let him do things what way he wants.


 
Yes, I realise that but I am just saying that you need to keep him on your side. You may need to use his services to intimidate troublesome tenants in the future.


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## Speedwell (27 Apr 2009)

If I moved into that house and found out that the next door neighbour drowned kittens I would turn around and move straight back out. 

NO WAY has anyone the right to do what he did and for SteveD to say that you would want a person like that on your side is the most ridiculous thing I have ever read.


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## Bronte (28 Apr 2009)

Is it illegal to drown kittens?


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## MrMan (28 Apr 2009)

Bronte said:


> Is it illegal to drown kittens?


 
i would imagine so especially when they aren't yours.

What the OP should realise is that although he doesn't want to cross his neighbour, he has a duty to call the ispcc or at least inform the next tenants that if they have animals that the next door neighbour doesn't take kindly to 'troublesome' kittens.
Personally I wouldn't let it go as 'he is just that type of person'.


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## dereko1969 (28 Apr 2009)

in fairness it was the OP that raised the issue of the kitten drownings. did the rental agreement prohibit pets? if not then they are entitled to keep them even if the neighbour's dog was annoyed. does the neighbour have a veto on all pets moving into the neighbourhood with the threat of killing them hanging in the background?


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## mathepac (28 Apr 2009)

MrMan said:


> ... he has a duty to call the ispcc ...


 we've crossed wires somewhere I think - ISPCA?


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## GreenQueen (28 Apr 2009)

While the OP might have a duty to call the ISPCA (and imho probably should) I don't think they will be able to investigate without a written statement from his former tenants and/or evidence that the neighbour actually did as he said.

We might all be shocked at the neighbour's actions but there is very little the landlord can do after the fact.  Telling new tenants about the neighbour who likes to kill innocent helpless animals isn't likely to endear himself to his tenants or get a contract signed.


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