# What are the legal implications etc of evicting a troublesome "disturbed" tenant?



## 25euronote (29 Jun 2008)

Can some one tell me the legal implications / legality etc of evicting a troublesome tenant.

The tenant is a resident since 2005.  He recently attacked the landlord and another female tenant. In the event it transpires he has two personalities. He was taken away and "voluntarily" placed in hospital. He is not due out for another couple of months.  In the meantime he has moved out of the hospital and into the property again.

The girls in the building are afraid and threatening to move out.


As for the flat it is uninhabitable since his breakdown. There is no electricity, the windows are gone and he has distroyed the fridge cooker and kitchen units. All of which were thrown out of a first floor window.

Am I required to wait till the fourth year of the PRTB arrangement comes to a close? Do I have to place the property up for sale? or can i just put him out for antisocial behaviour?


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## S.L.F (29 Jun 2008)

*Re: disturbed tenant*



25euronote said:


> He recently attacked the landlord and another female tenant.
> As for the flat it is uninhabitable since his breakdown. There is no electricity, the windows are gone and he has distroyed the fridge cooker and kitchen units. All of which were thrown out of a first floor window.



Not sure what the full story is regarding notice and all that but I would not have him attack people for no reason.

If it was me I'd give him 24 hours notice and shove him out the door mental problems or not.


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## rmelly (29 Jun 2008)

*Re: disturbed tenant*

Any help? http://www.askaboutmoney.com/showthread.php?p=649832


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## murphaph (29 Jun 2008)

*Re: disturbed tenant*



S.L.F said:


> Not sure what the full story is regarding notice and all that but I would not have him attack people for no reason.
> 
> If it was me I'd give him 24 hours notice and shove him out the door mental problems or not.


Agreed. Legalities and technicalities aside (and completely forgetting about property damage)..the guy could kill someone in your building! I'd not be able to have that on my conscience and would take my chances with the PRTB. Out the door. Obviously sympathies with the guy if he's got mental issues but that's for the state to worry about. The state should have proper secure facilities for people like this.


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## bugler (30 Jun 2008)

You can put him out for anti-social behaviour, but I think 7 days notice may be required. I'm not sure if there is a shorter allowance period if the behaviour is *really* bad. This is obviously a tricky and potentially dangerous situation. A chat with your solicitor and the Gardai may well be in order.


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## sadie (30 Jun 2008)

Are you the owner of the property but not the landlord? Who pays his rent - is it the Social Welfare? So at the moment he's living in a flat with no windows and no electricity??? 
The most humane thing to do is contact the community welfare officer for that area and get the number of his next of kin and say that he is in danger of harming himself or others (setting the place on fire etc) so is no longer suitable for private accommodation and you are evicting him. Say otherwise you will have no option but to call the Gardai in for distruptive behaviour. And do call the police in, they are used to dealing with these situations. If he needs to be involuntarily admitted to hospital his next of kin need to be informed. Sounds like he has schizophrenia or a similar disorder, which when controlled by medication, the person can be very manageable. However the person can become unstable and a danger to themselves and others if they decide to not take or present at the hospital for their regular medication. Not your problem. However, they are not in their right minds when they are like this and so have no control over what they are doing so you can't 'reason' with them directly as such in this state.


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## 25euronote (30 Jun 2008)

Guards came yesterday and took him away.  Dont know who called them.
What I need to know is how do I serve notice on him?  If he is disturbed is the Notice Valid (copus mentus and all that)?
The social are paying his rent by s.o. but I dont know what office it is.

My opinion is that he will do anything to get back into the house.  I have spoken to his elderly parents and I dont want to burden them further.  At the end of the day this guy is in his 30's and wether sick or not, he is not going to listen to his family.

In the interest of everyones safety (including my own) I just want a quiet house.
Any opinions?


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## murphaph (30 Jun 2008)

This post will be deleted if not edited immediately, sad situation all round. Was he arrested? Where is he now?


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## ajapale (30 Jun 2008)

Lets keep the topic on topic i.e. the legal and regulatory implications to evicting a "disturbed" tenant.

aj
(moderator)


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## sadie (30 Jun 2008)

Try asking the local gardai. If you know which garda station took him (most likely the local one to the flat), give them a ring. Give his name and ask where he's been taken (eg hospital or somewhere else). Tell them you are the owner of the flat and have to protect the other tenants, they will tell you if you can apply to get a barring order or whatever. They will be able to tell you if he's been involuntarily admitted to hospital (in which case you have more time to sort out his eviction). You will just have to ring his parents and tell them he's not well enough to be living in private accommodation and you are evicting him for his own safety. He is their responsibility regardless of their age. I'm sure the local social welfare Housing Officer could tell you how to evict someone. I don't know the legalities of it myself.


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## eileen alana (30 Jun 2008)

In recent years alot of patients have been transfered from long care mental institutions out into non-existant care in the community.  Without regular support and care, these patients are at at huge risk and as one poster said above, they are a danger to themselves and to others. Alot of them end up on the streets and some come to the attention of the justice system and end up in prisons.  It is the HSE's responsibility to care for these people and it is pretty scandelous that they are failing in their duty to do so.


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## ajapale (30 Jun 2008)

Please keep on topic. Off topic posted will be deleted without notice.


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## 25euronote (3 Jul 2008)

Hes back in hospital. Dont know how to serve notice to vacate.  Im presuming I can just stick it on the door.

I really need to find out the following:
1. How to serve notice.  Should it be to him directly?
2. I dont know which social office deals with him and his payments currently come in by s.o. so I do I cancel same?
3. Can I change to locks to the building? and the locks to his flat?


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## S.L.F (3 Jul 2008)

25euronote said:


> Hes back in hospital. Dont know how to serve notice to vacate.  Im presuming I can just stick it on the door.
> 
> I really need to find out the following:
> 1. How to serve notice.  Should it be to him directly?
> ...



If I was you I'd go to the gards and tell them what you are doing then tell your solicitor then tell his parents.
Then find out where he is and bring the letter of notice to him with a witness to verify that he received  the notice.
Then change the locks.

Regarding the social office explain to your bank what's been going on and tell them to return the payments. Maybe the bank could tell you which social office he deals with or you could go into the dept of health and try to find out.


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## 25euronote (24 Sep 2008)

Just an update, got rid of tenant...diplomaticly!  no rent in the meantime, however, He has asked me for a reference..........what would you do?


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## rmelly (24 Sep 2008)

25euronote said:


> Just an update, got rid of tenant...diplomaticly! no rent in the meantime, however, He has asked me for a reference..........what would you do?


 
tactfully decline? *

* or not so tactfully, for anyone who knows me...


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## S.L.F (24 Sep 2008)

25euronote said:


> Just an update, got rid of tenant...diplomaticly!  no rent in the meantime, however, He has asked me for a reference..........what would you do?



Write it on one of these.


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## qwerty2012 (28 Nov 2012)

Hi 25euronote,

I am in a similar situation to your experience. I have a tenant overholding a property an he has mental health issues. I could really do with any information on how you managed to resolve it. From my knowledge nothing can be done until the PRTB action my dispute. If I raise the issue to the HSE they can hold me liable for the condition that the house is in (refuse not being disposed of).

Qwerty


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