Tenant gone can i enter the house
- Thread starter Finlandia
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mercman
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Have you called his place of work ?? Personally, I'd re-enter, change the locks and suffer the consequences later. He knows he has done wrong and is leading you to follow your own course of action.
Do you know where the tenant is or where he works?
Practically if he is gone then I would enter, no point on compunding your losses. Was the ESB/Gas put in his name, if yes he may have closed the accounts to get his deposit back, unless he's run up a horrendous bill and plans on not paying, check with them. Ask the neighbours when they last saw him etc. You need to do some detective work.
Before you enter the house I'd send an email to the PRTB stating that the tenant has deserted the property, that he doesn't reply to your emails/texts, house calls etc and that he hasn't paid the rent and that you fear (for example) that the house will get damaged due to frost so you are entering the house. That way the tenant cannot pretend that you evicted him. When you check out the house you will know if he is really gone, a TV is nothing, he might have gone on holiday for a couple of weeks with the TV, but if he left personal items behind he is likely to return. Take pictures and proof of date of entry and a witness. If he is not gone, leave the house immediatly without touching anything and go down the proper notice route of serving proper notice.
The above practical advice is what I would do as a landlord, it is not in any way legal advice.
Practically if he is gone then I would enter, no point on compunding your losses. Was the ESB/Gas put in his name, if yes he may have closed the accounts to get his deposit back, unless he's run up a horrendous bill and plans on not paying, check with them. Ask the neighbours when they last saw him etc. You need to do some detective work.
Before you enter the house I'd send an email to the PRTB stating that the tenant has deserted the property, that he doesn't reply to your emails/texts, house calls etc and that he hasn't paid the rent and that you fear (for example) that the house will get damaged due to frost so you are entering the house. That way the tenant cannot pretend that you evicted him. When you check out the house you will know if he is really gone, a TV is nothing, he might have gone on holiday for a couple of weeks with the TV, but if he left personal items behind he is likely to return. Take pictures and proof of date of entry and a witness. If he is not gone, leave the house immediatly without touching anything and go down the proper notice route of serving proper notice.
The above practical advice is what I would do as a landlord, it is not in any way legal advice.
If it looks unoccupied, you have security concerns as to freezing pipes etc, you should enter and then change the locks. Let him take you to court. If he can afford to do that then he can afford the rent. Not going to happen, IMHO. This is not legal advice.
dereko1969
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Presumably by stating this you will agree to personally indemnify the OP should any legal action be taken against him/her?
The original question was
not
The answer to the question actually asked is "no".
Very poor advice ! Changing the locks equates to illegal eviction and it costs nothing for a tenant to take a landlord to a PRTB hearing. This organisation is the only outfit in Ireland that deals with private residential tenancies and they take a very dim view on any landlord who does not play it by the book.
No, but if you are satisfied the tenant is gone I think you can legally enter and take possession when rent is 28 days in arrears, in this case that would be next week.
Illegal Eviction
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 (if satisfied that these conditions are met) is free to recover possession.
Sections 37 and 194 - Deemed Termination of Tenancies
The following is a general note for guidance only and individual circumstances of particular cases may vary.
If the tenant does not serve any notice of intention to terminate but moves out, then, at a time when the rent is 28 days in arrears, the tenancy is deemed terminated. In these circumstances the landlord is entitled to recover possession of the dwelling even if the tenant has left some belongings behind. However, the tenant remains liable to pay rent for the correct period of notice that should have been given.
http://public.prtb.ie/act.htm
As I have only recently become a landlord this is all new to me my application is being processed with the PRTB (which i sent in as soon as the tenant signed the agreement) so I am not familiar with all the rules.
My EA has sent a another email stating that if we do not hear back from him today by the close of business we are to presume he has vacated the premises and that we will be taking back possession of the house from this evening and are within our rights to chase him for any monies due.
The gas and electricity are in his name so i will contact them tomorrow to get them changed back
If rent was due and paid at the end of Nov. it would not be due again until the end of Dec.
He is only in arrears since the end of Dec.
If the tenant asked you could he use his deposit as the rent for January I find it quite obvious he was planning on leaving the end of this month. When he started to get calls and e-mails from you and the agent he probably then decided to leave early because of the hassle. At this present moment in time you are not out of pocket until the end of January. I would text him again saying you will use the deposit as this months rent if he has left. Tell him all you need to know is has he vacated the house. If the text is in a friendly approach with a bit of luck you'll get a response. If he says he has left then you have the green light to re-enter legally.