# Renting and landlord rights



## leesider29 (3 Feb 2012)

Hey all,

I am in Oz and renting out my place back home. I have had consistent problems with late rent payment, they are now actually 1 month behind with rent due again today! I have sent a warning letter previously and now they are getting an eviction letter but I have to give them 28 days notice by law. This means if I don't receive anymore rent from them and use their deposit I will still be a month's rent down and probably have to sort out utility bills as well when they leave not to mention cleaning cuase the neighbour has said they are having alot of parties!

In this case do I have any way of getting what I am owed? Or else just make life a bitch for them because realistically I do not see them paying anymore!

Thanks


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## shesells (3 Feb 2012)

Are the utilities bills still in your name? If so, why? If they are in the tenants' names then the utility companies will chase them.

You can lodge a complaint to PRTB in regards to money owed. It can take months, and even if you get a judgement against the tenants, there's no guarantee of getting any money.

You are PRTB registered and tax compliant right? As a non resident landlord you either have an agent at home who collects the rent on your behalf and makes a tax return to Revenue. Otherwise the legal onus is on the tenant to retain 20% of the rent payable and forward that to Revenue.


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## Bronte (3 Feb 2012)

They may not leave even after the 28 day notice letter, particularly if they know you are in Oz.  There is no way the utilities should be in your name.  Do you not pay someone to handle this property for you while you are away as trying to manage it from abroad, never mind Oz is impossible.  You are wasting your time with the PRTB in taking a case against a tenant, it only works the other way as there is no guarantee after getting determination order against tenant of backdated rent and damages.

How do you propose to make life difficult for the tenants?


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## leesider29 (7 Feb 2012)

Hey,

The utility bills are in their names, so that clarifies that one for me, I had thought it would be difficult to change over again if the bill wasn't paid off.

Paid a friend to rent it out and they look after the maintenance but I was taking care of the rent side as it was hitting my account. I have a relation calling around now as well to basically put them on notice not to mess around and if need be a garda friend will make a courtesy call (which I am thinking of doing no matter what as they are having alot of parties recently but not causing enough noise to annoy neighbours).


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## twofor1 (7 Feb 2012)

leesider29 said:


> and if need be a garda friend will make a courtesy call .


 
If I received a ’’ courtesy call’’ from my landlord’s garda friend, a formal complaint would be in to his/her superiors like a shot.


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## shesells (7 Feb 2012)

leesider29 said:


> Paid a friend to rent it out and they look after the maintenance but I was taking care of the rent side as it was hitting my account.



Does that mean you are taking care of the tax side? In accordance with the letter of the law if you are being paid into your account the tenants should be withholding 20% of the rent and paying it to Revenue.


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## bugler (8 Feb 2012)

twofor1 said:


> If I received a ’’ courtesy call’’ from my landlord’s garda friend, a formal complaint would be in to his/her superiors like a shot.



Yes, the OP should tread very lightly when thinking about doing anything like this. So should the Garda friend. The Gardai are not there to intervene on behalf of their friends in what are civil disputes...do not expect this to be viewed sympathetically if this should escalate and wind up in court. I also recall a former politician having a sizeable award for illegal eviction made against him - he also had involved a Garda in a process he had no business being involved in. 

There is not a whole lot you can do bar serve written notice of termination and then hope they leave as requested. For next time, you or your appointed agent need to work hard at vetting a tenant who should prove to be more reliable. Personally I don't believe letting agents are always the best at this process, there is nothing like meeting someone in person and having a chat with them to suss them out.


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## T McGibney (8 Feb 2012)

shesells said:


> In accordance with the letter of the law if you are being paid into your account the tenants should be withholding 20% of the rent and paying it to Revenue.



Not if the OP has appointed a 'collection agent' in accordance with Revenue rules.


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## shesells (8 Feb 2012)

The OP has said that they take care of the rent side. See the quote in my previous post.


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## T McGibney (8 Feb 2012)

shesells said:


> The OP has said that they take care of the rent side. See the quote in my previous post.



Sorry what has that to do with anything? The 'collection agent', despite their title, need not handle any money, they simply commit with Revenue to be responsible for ensuring the non-resident landlord's tax compliance.


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## shesells (8 Feb 2012)

And the OP still has not confirmed that they are tax compliant. The risk is that the tenants could now *claim* to have withheld the rent to pay to Revenue and therefore might not be technically in arrears. It would of course take time to confirm this but the landlord could not initiate eviction proceedings in the meantime.


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## leesider29 (8 Feb 2012)

Get your point re the gard, but if he was to call and just say we know you are being evicted and would appreciate no hassle, nothing more......just to let them know that just cause I am away doesn't mean the place is not being looked over


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## shesells (8 Feb 2012)

leesider29 said:


> Get your point re the gard, but if he was to call and just say we know you are being evicted and would appreciate no hassle, nothing more......just to let them know that just cause I am away doesn't mean the place is not being looked over



Any chance you might confirm that you are tax compliant? Otherwise the situation that I've just posted is a potential issue for you which if you do evict could cost you up to 10k alone for illegal eviction via the PRTB not to mention the tax fines.


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## leesider29 (9 Feb 2012)

shesells said:


> Any chance you might confirm that you are tax compliant? Otherwise the situation that I've just posted is a potential issue for you which if you do evict could cost you up to 10k alone for illegal eviction via the PRTB not to mention the tax fines.


 
Firstly there is nothing illegal about this eviction, I have stuck to notice periods and warnings etc....I am worried about my property and want to safe guard against my tenants thinking they can have a free run just because I am away and can't deal with them face to face!

Secondly I am prtb and tax compliant so no issues there either.


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## twofor1 (9 Feb 2012)

leesider29 said:


> Get your point re the gard, but if he was to call and just say we know you are being evicted and would appreciate no hassle, nothing more......just to let them know that just cause I am away doesn't mean the place is not being looked over


 


That might be ok if it was your plumber friend, your engineer friend or most friends, but not your garda friend.

I think you should be very nice to these tenants and hope they just leave after the 28 days’ notice.

If they choose not to pay and stay, all you can do is follow the lengthy procedure through the PRTB. 

In 12 months+ you will get a hearing and probably win, but your tenants most likely will have left before the hearing.

Even if you know where they are, there will be legal expenses trying to get the ruling enforced and if they have nothing, you will get nothing.


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## FranceRes (9 Feb 2012)

leesider29 said:


> Get your point re the guard, but if he was to call and just say we know you are being evicted and would appreciate no hassle, nothing more......just to let them know that just cause I am away doesn't mean the place is not being looked over


I evicted troublesome tenants 2 weeks ago and, on the advice of my solicitor, went to the local garda station and asked for someone to accompany me to serve the 28 day eviction notice as I was afraid of the tenant and whoever else they may have had staying at the property.

The Guards were incredibly understanding and helpful and sent a patrol car with two guards to sit outside the property until I had served the notice at the door.

I told the tenant that the Guards were here to witness that I had served the notice, so they couldn't claim they hadn't received it.

They left quietly and didn't do any significant damage and I think it's because the Guards accompanied me.

I wouldn't take a Garda friend, but if you are fearful for your personal safety, you can officially ask the Guards to accompany you in case there is a breach of the peace.


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