Why terrible tenants have a case to answer in the great rental accommodation debate

Greedy landlords, substandard accommodation and queuing around the block to view even half-presentable apartments have been the subjects of several recent Apartment Living articles.

Terrible tenants are the other side of the rental story. One reader, Blaise O'Hara, e-mailed to say she invested in two apartments several years ago to fund her mother's retirement. The experience turned out to be "a nightmare from the beginning".

She feels that press coverage has concentrated on "hard done by tenants" with little mention of unwitting landlords. She has since off-loaded one apartment but has held on to the other saying: "if it wasn't for the fact that it is Section 23, I'd get rid of it tomorrow".

The apartment she sold in St Kevin's Church in Portobello was "rendered uninhabitable" by smoke damage from "an enormous amount of candles" lit on a daily basis over an 18-month period. "All of the furnishings had to be cleaned and the entire apartment had to be repainted. The curtains were stained a disgusting grey colour and had to be replaced. My mother, who tends to see the best in people, gave them back their deposit without checking the state of the apartment first."

Then there were the three students in her apartment on the quays who closed the air vents in the apartment "because their mammy told them it would be cosier". "There was nowhere for moisture to go and they had the washing machine and dryer going so all these mouldy spots appeared and condensation was dripping from the walls.

"The floor-length curtains also became damp and had to be replaced. We couldn't get rid of the spotting on the walls and had to repaint the sittingroom."

When another seemingly model tenant vacated that same flat, she discovered that the cork floor which had been sealed with seven coats of yachting varnish had been yanked up in places exposing the cement floor underneath and stuffing spilled out from the sofa.

"He clearly hadn't ever hoovered it or dusted anywhere in the two years he was there so all of the surfaces were covered in a sticky substance which had dust stuck to the top of it."

A landlord, who declined to be named, told Apartment Living that having his apartment trashed twice by tenants has prompted him to hand its management over to a letting agency.

A couple in their 20s moved into the apartment in the Old Distillery on Beresford Street, Dublin 7, two years ago and for a while they seemed to be perfect tenants. After that, the rent dried up and bills were unpaid.

"Someone complained to the management company about noise and parties. We tried to contact them but the phone had been cut off so I left some notes under the door." He eventually issued ejectment proceedings against them. They left owing £2,700 in rent and bills.

"The carpet was ruined, chairs were broken. The curtains were covered in cement, don't ask me why. It cost £3,000 to get the apartment right again."

In September, he rented the newly-spruced up apartment to another couple in their 20s. Both had bank and job references. He now believes they took the apartment on behalf of another party who used it to temporarily accommodate employees. The wear and tear in their wake is considerable.

The carpet is badly stained, burn marks cover the cooker top, a bed is completely buckled and there is water damage in the bathroom. Broken chairs are strewn on the floor and there are mucky paw prints on the walls.

When given the choice to repair the damage or quit, the tenants chose the latter course. However, this time rent was forthcoming and bills were paid. He has two other rented properties which have never caused him a moment's worry but feels he needs help to combat the "rental-jinx" that this apartment appears to have to endure.

A tenant must be in breach of their lease or their lease must have expired before an Ejectment Order can be obtained by a landlord.

According to David Colbert of Sheehan & Co. Solicitors, obtaining an ejectment order from a court can take considerable time.

"It takes up to four months if the tenants do not fight the procedure, or up to a year if they do. When they get an Ejectment Order from court, a landlord must serve notice on the local authority after which the sheriff then gives a date and a time on which the ejectment will take place."

In most cases, however, tenants leave amicably. "If they fight the proceedings and lose, they will incur legal costs so they tend not to fight unless they have legitimate grounds."

emorgan@irish-times.ie