Rent unpaid, what next?

F

fishes1967

Registered User
Messages
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Hi

I hope someone help me with some advice.

I have rented out my property to one individual since August 2005. His
rent was being paid by the Eastern Health Board and he signed a new rental agreement in August 2006 (for another year).

However, no rent was paid for Aug 2006 (due by 30th September). I have
tried to contact the tenant by phone and by calling to the house. This has been unsuccessful.

On investigation with the Social Welfare, it appears that he has stated
to them (on Sept 16th) that he is heading to Australia and is
relinquishing his rental. They will pay the rent up to Sept 16th but no further.

Someone (possibly his brother or sister) has been collecting post and
turning lights on but no one is living there, it appears. Two cars
belonging to him are parked outside the garden and I have received calls from the neighbours (stating they are attracting a bad crowd).

At this point I just want to end this situation and either re rent or
sell the house. However I also want to do the correct thing legally, etc and as such was hoping for some advice as to the proper next step.

Thanks
F
 
I don't understand when you say no rent was paid for Aug 06 and it was due on 30th Sep?

Surely you are being paid rent in advance? (ie Rent for Sep 06 to be paid by 30th Aug 06)

Have you any holding deposit belong to them? When did you first notice that you weren't paid any rent?

I had a tenant in my place recently who is on the SW and didn't pay the rent due at the end of last month. I called them the day it was due in and they said they were leaving at the end of the month and I could keep the deposit for the last months rent. I did not agree to this and asked for my rent, but was told I wouldn't be getting it. Turns out they moved out last weekend and left the house in a bad dirty state with no comeback for me as I was having to use the deposit to pay any rent owed.

Contact the PRTB and they will advise you what to do next. All you can really do is serve them with an eviction notice but afaik you have to give 4 weeks and if they are moving out soon, its probably pointless, but do it anyway.

Also ring the SW again and ask them what can they do to help. They told us that if they were staying in the house, they would cut them off until they resolved any rent, but since they are moving, they could do nothing about it.

Best of luck
 
I feel your pain, There are many postings here on this subject. I was in a similar situation some time ago. My advice would be to keep it legal, contact the PRTB and your solicitor and pray they don't trash the place on you before you get your keys back. If you continue to rent you will also find many tips here on vetting tenants.
 
Thanks for the replies.

Just to clarify a few points.

Yes the SW pay a month in arrears. So the Aug rent should have been paid in Sept and that is the one I'm missing.

It does not look like anyone is living there (no clothes, no food, etc). However there are some items left around the house - some toiletries, set of golf clubs!, etc.

At this point I am resigned to losing some rent but just want to be clear of the tenant. However I have been unable to contact him by phone or by calling. I am worried about going in, changing locks, etc only for him to return.

I have a query out with the PRTB awaiting a reply.
Would anyone have a sample or the details of what must be included in an eviction notice?
He moved in in Aug 2005, signed a new lease in Aug 2006 but no rent was received for Aug 2006. Does this qualify as 28 or 42 days notice?
Will the Social Welfare confirm formally whether they are going to pay any future rents (lease is directly with tenant)? If so, what details will I need?

Thanks again, F
 
If a tenant has vacated a dwelling and the rent is at least 28 days in arrears, the tenant’s tenancy is deemed terminated under section 37 of the 2004 Act and the landlord is free to recover possession.

From the PRTB site above. If he has vacated the dwelling and the arrears of 28 days, you should be able to recover possession. How do you know if he has vacated.
 
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