# Tenants driving us mad!



## lisette (28 Aug 2012)

My mother inherited her parents house and has just leased it out in the past 2 weeks. Its an old house so it needed considerable work before it was habitable. The interior of the house is completely done but theres still some work to be done on the garden. The couple who took up the lease were aware of this when they moved in- they were assured it would be done and its due to be fixed up next week.
However, the tenants are kicking up a fuss because it hasn't been done yet. Like most people I imagine, my parents have certain tradespeople they trust to do a good job. The fella they've asked to do the garden is busy at the minute so they(and the tenants) were told it would be a couple of weeks before he could do it. Apparently thats not good enough. So far in the past5 days my parents have had 3 phonecalls and tonight, a visit from one of the tenants threatening legal action because the other tripped in the garden yesterday.
My parents are both in their sixties and tonights events have them both upset. They are literally at their wits end. Is there anything they can do? The lease is for 12 months. I'm pretty sure they can't ask them to move out but maybe someone can put me right. Thanks


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## horse (28 Aug 2012)

They can ask them to move out but the is a correct procedure in doing so. Check the PRTB Website for more info or Citizens Advice Bureau.


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## mercman (28 Aug 2012)

Are these people renting a house or a garden ?? Give them a letter telling them to vacate. Act now before the trouble goes on and on. The first loss might be the best !


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## lisette (28 Aug 2012)

mercman said:


> Are these people renting a house or a garden ?? Give them a letter telling them to vacate. Act now before the trouble goes on and on. The first loss might be the best !



This is what they would like to do. They've decided its not worth the hassle. Just want to know if they are legally able to ask them to leave? The lease has a fixed term and to terminate there has to be a valid reason as far as I know i.e not just because the tenants are getting on their nerves! Maybe that is an acceptable reason. We'd just like to be sure before doing anything.


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## Berni (28 Aug 2012)

If it is a fixed term lease, then no, they can't be asked to leave for being annoying.
Unless they breach the terms of the lease, then they can stay for the full year, and then potentially another 3 under their part 4 rights.


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## becky (28 Aug 2012)

They sound like nightmare tenants in the making.  As soon as the garden is done, they will want the walls painted, then the light bulb changed.  Then the next problem will be the bin men didn't come on time.

If there is any way to get them out do it.


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## lazing (29 Aug 2012)

Information here that might help
http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html


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## itsallwrong (29 Aug 2012)

Maybe use the fact of the garden back against them?
Ask them to leave because the garden is unsafe and dangerous - as they pointed out by threatening to sue you.
You could also find another problem with the house.. Get creative.


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## delgirl (29 Aug 2012)

itsallwrong said:


> Maybe use the fact of the garden back against them?
> Ask them to leave because the garden is unsafe and dangerous - as they pointed out by threatening to sue you.
> You could also find another problem with the house.. Get creative.


You cannot ask a tenant with a 1 year fixed term lease to leave after 2 weeks unless the tenant is in breach of their obligations. 

If you do this and the tenant approaches the PRTB, it could prove to be extremely costly for the landlord.

OP's parents should have the garden made safe as quickly as possible, even if it's not with their preferred contractor.

If they feel the tenants are going to be problematic in the future, all communication with the tenants should be backed up with letters.


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## facetious (29 Aug 2012)

lazing said:


> Information here that might help
> http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html



Unfortunate this really applies to a Part 4 tenancy and not to a Fixed term tenancy and the Citizens Info fail to clarify that.

A Fixed term lease is what it says on the label: FIXED for the term or length of the agreement and basically it cannot be broken by either party except for a breach of obligations by one of the parties.

The tenants may be able to make a claim against your parents for breach of their obligations. Unfortunately, too many landlords take too long in attending to work/repairs they are responsible for.

Under normal circumstances, a tenant should not have to wait more than 14 days (a reasonable time) to have a complaint remedied.


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## mercman (29 Aug 2012)

What happens if they decide to sell the property ?? Then the tenants will have to move.


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## shesells (29 Aug 2012)

mercman said:


> What happens if they decide to sell the property ?? Then the tenants will have to move.



No they don't! Fixed term tenants are entitled to see out the end of their tenancy unless there is a break clause in the contract. The property would have to be sold with tenants in situ.


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## lisette (29 Aug 2012)

Cheers to all for the advise. I was sure they couldn't be asked to move out except in exceptional circumstances

In hindsight, they should have arranged to have the garden done by someone else much sooner. Its just extremely frustrating for my parents as they did warn the tenants in advance(back in July when they first viewed the house and again before signing the lease) that it would be the first week of September before the garden was completed. So its not like they didn't know. Anyway the contractor has said he will do the garden this weekend to save anymore trouble.

Again thanks for the help


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## mercman (29 Aug 2012)

There has been plenty of advice offered to you OP. Some I would agree with and some I would disagree with. This business with teh fixed term and not been able to shift bthem I disagree with -- what happens if a Bank repossessed the property ?? they'd move fairly quick then. I just hate to see people been bullied which it appears in this case.

They have been told of the works and the timing of same. As advised tell them any future queries put them in writing to your folks.


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## Sue Ellen (30 Aug 2012)

mercman said:


> As advised tell them any future queries put them in writing to your folks.



Or a member of the family that they can't bully so easily.


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## SarahMc (31 Aug 2012)

In fairness to the tenants, they are entitled to a safe and usable garden if they are paying Market rent. If the house has just been refurbished I imagine the garden is a state and full of rubble. The house shouldn't have been rented until that was sorted.

I agree that it would be a good idea to appoint an intermediary the tenants can liaise with, either a letting agent or a family member.


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## AlbacoreA (31 Aug 2012)

They agreed to the condition and the time frame when moving in. Have some common sense and stay out of the garden till its finished.

An agent might be useful but my experience is most of them are quite poor and it's just adding too many cooks in the kitchen.


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## facetious (31 Aug 2012)

mercman said:


> There has been plenty of advice offered to you OP. Some I would agree with and some I would disagree with. This business with teh fixed term and not been able to shift bthem I disagree with -- *what happens if a Bank repossessed the property ?? they'd move fairly quick then. *I just hate to see people been bullied which it appears in this case.
> 
> They have been told of the works and the timing of same. As advised tell them any future queries put them in writing to your folks.


The banks have to abide by the Fixed Term lease - they will probably be happy to receive the rent in the meantime, which they may not have been getting from the mortgagee.

The mortgagee may have been in breach of the terms of his mortgage if he rented out the property without advising or getting written permission from the bank.


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## ajapale (31 Aug 2012)

Can you ask the tenants to vacate the premesis as it has come to your attention that there is a serious Health & Safety issue at the house and that you need to get your contractors in to investigate and remedy the situation?


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## lisette (31 Aug 2012)

SarahMc said:


> In fairness to the tenants, they are entitled to a safe and usable garden if they are paying Market rent. If the house has just been refurbished I imagine the garden is a state and full of rubble. The house shouldn't have been rented until that was sorted.



The garden was cleared of any building material/rubbish before they moved in. The lawn needs to be leveled and planted and the concrete yard needs to be redone as it is old. There is also some fencing to be done.
My parents hadn't intended on renting it out so quick- they were contacted by friends of the tenants who live nearby and knew the house and being done up to lease. It was them who asked to to move in mid-August as that was when their existing lease expired.
Anyway, the contractor arrived this morning and hopefully all work will be completed in the next few days


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## Marigold77 (10 Oct 2012)

lisette said:


> The garden was cleared of any building material/rubbish before they moved in. The lawn needs to be leveled and planted and the concrete yard needs to be redone as it is old. There is also some fencing to be done.
> My parents hadn't intended on renting it out so quick- they were contacted by friends of the tenants who live nearby and knew the house and being done up to lease. It was them who asked to to move in mid-August as that was when their existing lease expired.
> Anyway, the contractor arrived this morning and hopefully all work will be completed in the next few days


 
Well, they certainly got things moving and I admire that. Having been in a far worse situation re work needed not being done too many times. 

Waiting for contractors in Ireland is a hard task and getting lls to get work done a nightmare. Just told my soon to be new ll who is leaving essential work till the last minute or longer that he is not getting the rent until all that he promised is done. Because last time it took literally months to get things sorted.  

Certainly no grounds for thinking of asking them to leave! Uneven surfaces are a real danger.


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