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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 141
Experience:  and Mediator practicing in Cork, Ireland.
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Hi, I own a rented house and currently have tenant on a 12

Customer Question

Hi, I own a rented house and currently have tenant on a 12 month fixed term lease - due to expire in November. Recently I was contacted by a resident of the housing estate wherre the rental property is outlining an incident whereby she had to complain my tenants son to the police for stone throwing. She also complained about rubbish in front of the house and stated there had been an incident on New Years Eve to which the police had been called involving a man who was in the rental property. She said she did not want her name mentioned in relation to complaints as she feared retalaition from the tenant. I contacted the PRTB and their advice was to write to the tenanat and also get any complaints in writing. I was subsequently contacted by another resident in the area regarding the rubbish that the said was coming from my property but that her evidence was purely circumstantial. Again she was not willing to put complaints in writing. I outlined to her that I intended to write to the tenant and would speak to the police in relation to the alleged incidents. Her reply to me was that "there were ways and meansm of getting rid of tenants like this" to which I replied possibly but that I was not willing to be in breach of the law. And this was coming from soneone who is a solicitor. I spoke to the police in relation to the stone throwing incident and it is a minor who is involved so was warned to tread carefully and they have no record on their computer system of the New Years Eve incident. I wrote to the tenant telling her of complaints and that if there were any further breaches of lease terms I would issue a notice of termination. Needless to say she phoned me and refuted any allegations. Yesterday the original complainant has phoned to say there was a row outside the house at 12.15 in the day and that it really is unacceptable. When I explained to her that I had written to the tenant and that I needed all complaints in writing she was quite irate and told me that other people had managed to evict this tenant and basically insinuated I should just issue the tenant with a Notice of Termination. The other complainant also phoned me yesterday evening to know what I had done to deal with this tenant and as the ribbish has continued to be a problem - again I told her I had written to the tenant but that I would need complaints in writing. She again said that if she puts complints in writing she would fear for her safety. I explained to her that I needed to have evidence of breaches of lease if this ends up in front of the PRTB - her reply to this was that I was jumping 5 steps ahead and that this tenant would not refer an eviction jotice to the PRTB. I explained that while this maybe the case I was not prepared to circumvent the law and that ultimately I had to protect myself. Again she was quite irate at my insistence at following due process. At this moment in time the complainants are causing more trouble that the tenant. I have consulted numerous times with the PRTB nad according to them am following all the necessary procedures but just wanted to see if there was anything further I can do in this case.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.
I can wait for an answer as I've already done a lot of research myself.
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.
Expert:  cmcsolicitor replied 1 year ago.
On a practical level, it would appear today that landlords are increasingly required to ensure that their properties are properly managed. You do not mention whether you pay for rubbish collection: I would ensure that payment is made to a company to collect the bins on a regular basis. If it was not an aspect of the original agreement that you pay for this(as it has not typically been in Ireland), perhaps that needs to be revisited, and the rent increased to include rubbish collection.

Antisocial behavior should be reported to the Gardaí by any neighbour who wishes to do so. On the other hand, I would take that seriously as well, if you think the complaints are serious. As you are probably aware, a landlord was recently fined €30,000 by the PRTB after his tenants subjected their neighbours to serious anti-social behaviour (fights outside the house, loud parties, rubbish being thrown around etc).

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