How do I remove tenant from house?

I have a tenant in my house for the past 6 months and I have given her notice as I need to sell the house, I gave her 6 weeks notice due on the 8th of Jan. She is trying to find alternative accomodation in the town but they do not accept rent allowance. She is supposed to be in the house with just her two small children but I have recently discovered that her husband is living there too, when she is getting rent allowance.
When I went with the auctioneer to measure up I found the house to be in a terrible state, we reminded her of the date (9th of Jan) to be out by and I received a phone call back two minutes later from her husband threating to take s to court that he won't have his family put out onto the street! I know these are lame threats as he shouldn't be there in the first place.
We needed to get the house on the market quick as we are selling our own home and need to sell the two.
Can anyone give me a suggestion on how to deal with this and get them out ASAP as we need to sell the house and will loose €30,000 with the condition of it.

Firstly he has no right to talk to you as the lease is between you and her. Problem is although you're in the right it could take the PTSB a few months to sort the issue out. One avenue would be to tell her that you will report her to the health board as I'm sure she hasn't stated that he's there either to them. Of course she may also be claiming single parent allowance so that could be another avenue to go i.e. social welfare.
BTW I base this on assumptions that she hasn't declared though. For ease of mind you may want to organise bridging as a risk management exercise.

elcato said:

Firstly he has no right to talk to you as the lease is between you and her. Problem is although you're in the right it could take the PTSB a few months to sort the issue out. One avenue would be to tell her that you will report her to the health board as I'm sure she hasn't stated that he's there either to them. Of course she may also be claiming single parent allowance so that could be another avenue to go i.e. social welfare.
BTW I base this on assumptions that she hasn't declared though.

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Thanks, that was the way I was thinking alright, I'm fairly positive that he his not around according to social welfare. They say they will be out in the morning if they could find somewhere else but they can't and expect me to do this for them! I think a phone call on Monday is the best option.

hmmm said:

You gave someone with two small kids notice only 2 and a half weeks ago and you expect them out by now? In the runup to Christmas? Frankly I find this disgusting.stamp duty liability.

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I don't think that's what s/he said.
If I was you I would offer to cover the costs of repairs, i.e. give them back their full deposit, and only if things get ugly would I threaten them with the PRTB of social welfare.

Dear Hmmm,
I gave them six weeks notice where i only needed to give them 4. I tried everything for them for the past few weeks searching for accomodation and giving very good references. I brought up the auctioneer that deals with most rentals in the town who i gave a great reference to about my tenants and they had the place in a disgusting condition. I meerly reminded them that they only had a few weeks left as I am purchasing a new home and will loose it unless I sell that house too. I have lost all respect for them as I tried to be nice and they have rode me. I am now trying to monitor the house as I believe they may have a couple of houses and are sub letting mine. There was no way young children could live in a house in that condition. Empty food cans and ware were all over the house, a smell of wacky backy in the ensuite (no smoking house). Laundry piled to the ceiling (no exaggeration) on the childs bed! I was told I will loose up to €40k on the sale in its present condition. I gave them every bit of respect and help I could and I could loose out on my dream house because of it. As for the stamp duty I am getting professional advice on what has to be paid and where as I would not try to evade tax or scam in anyway!

hmmm said:

You gave someone with two small kids notice only 2 and a half weeks ago and you expect them out by now? In the runup to Christmas? Frankly I find this disgusting.

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You obviously didn't even read the original post, just rushed to judegement. Frankly I find this disgusting

I think the OP is being abused by this person. 6 weeks notice is plenty of time to find a newe place, in nearly all circumstances these days. From the state of the cplace they don't sound too fussy, they are just being chancers.

Regardless of whether they leave amicably or not I'd still report them to socail welfare, just in case the system is being abused as you suspect.

TheRebelRam said:

I tried everything for them for the past few weeks searching for accomodation and giving very good references.

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I'm confused. Why would you give great references out for these tenants seeing as how you're having so much trouble with them?

mayway said:

I'm confused. Why would you give great references out for these tenants seeing as how you're having so much trouble with them?

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I had given the references before i'd seen the house. The couple of times I had called up I had just gone into the kitchen which was clean enough for a single mother with two kids. This is what I was basing my reference on with the fact that rent was always on time.
I had received a very good reference from their previous landlord, who was also selling his house, makes me wonder, had he even seen the house or was he just hoping to get them out quick????

RebelRam,
I was in a similar situation and it turned out to be a scam...they dont have to move out if they dont want to legally. You will have to get an eviction order from court and have balliffs throw them out. Your talking 2 years maybe for this plus solicitors fees. Which was estimated to me to be around 5k by the end of it. If you go the other way and do it yourself they will have free legall aid and courts don't look favourably on throwing women and kids out. Plus they might thrash your house even more.
More than likely the husband is also claiming a house from social welfare. Stating they are seperated. They are trying to bully you into paying them off. Which is the best thing for you if u need a quick sale.
This is what happened to me. You can contact me and I will give you more detail if you like.
But I feel your frustration I have been there. Best of luck.

Hi

It seems to be that you are in a bit of a dilemma. The only course of action if they do not go voluntarily is the PRTB which is a slow process. I would ask the PRTB for advise. There are certain criteria you have to fulfill when terminating a tenancy such as putting it in writing and stating why you are terminating (if tenancy exceeds 6 months). If criteria is not fulfilled, notice could possibly be deemed invalid.

Mangos