Tenants Rights

Joe Collins

My landlord yesterday has told me that I am out of the accomadation I was staying in. In fairness due to unforseen financial difficulties I was two months behind in rent which I was going to make up. We agreed at the start of April 2005 a verbal agreement. I know that if a tenant falls behind in rent that I must be notified by the landlord in writing of the arrears (which has not happened) and that if I have not met the rent arrears within 14 days after notification that the landlord may then issue me with aa 28 notice of termination (which also has not happened). Now my question is does this still stand as we verbally agreed a 1 year contract. At the end of the year my landlord did not ask if I was leaving or intended to stay on. I have been in the house until yesterday. Now the gates to the driveway are padlocked and the house itself is all locked up. Where do I stand?

leeroybrown

Threshold is probably one of the better sources of information about rental issues and rights.

aniascor

Did this verbal agreement that you made with the landlord not include an agreement on your part to pay the rent?
The landlord is definitely not going about this the right way - as you have pointed out you have rights, even if you are in arrears with the rent.

leeroybrown is right - Threshold is the place to go to get advice.

Have you spoken to the landlord to find out what is happening? Will he let you make up the rent? (Or are you willing to pay it?)

Joe Collins

Thanks, yea have checked out that site alraedy. Some good info, just now sure if my rights would still stand as the 1 year verbal contract had lapsed. Just to add at the moment my belongings are in the house, including medication which I require to which I now have no access. My landlord is refusing to reply to text messages I have sent him today.

Joe Collins

Yes the aggreement did include to pay the rent. The problem arised when the guy I was sharing with left over a month ago. I was soon to leave the place for somewhere smaller. Even though I am leaving now I am more than willing to pay what arrears are due. The part that annoyed me is that I received no notification of this. I had promised hom money on Friday tommorow and more next week. He text me yesterday to say that I was out and came back to house to find place locked up.

aniascor

Whatever happens with being allowed to stay or not allowed to stay, he is definitely not entitled to keep your stuff. I'd say he locked you out because he is frustrated at not being paid rent - a mediator recommended by Threshold is probably your best bet here. If not, then check with http://www.prtb.ie/ to see what they say. Regardless of whether it was a verbal agreement or a contract, if you were renting and the landlord wasn't living with you in the house, your tenancy should be registered with this board. They provide dispute resolution in cases such as yours.

aniascor

According to PRTB:

Landlords are not allowed to:

• Seize the goods of a tenant to secure recovery of rent unpaid
• Penalise tenants who have referred a dispute to the PRTB
• Terminate a tenancy except in accordance with the provisions of the Act

But also:

Landlords are entitled to:

• Receive the correct rent on the due date

Have you tried phoning instead of texting?

Joe Collins

Yes but he is not answering

aniascor

Joe Collins wrote:

Some good info, just now sure if my rights would still stand as the 1 year verbal contract had lapsed.

Just to add here - it really doesn't matter that it was a verbal contract. If you have been in the house more than a year (and again, this is presuming that the landlord doesn't also live in the house) then you are entitled to 42 days notice from the landlord. (It's 35 days if you are there more than 6 months but less than a year).

Afuera

Messy situation. While you should have paid your rent, this doesn't give the landlord the right to act the way he has done here.

I'd call the cops and explain the need of your medication etc. and possibly you might need to get in touch with a good locksmith. You'll probably need proof of residing there (a letter addressed to you there or if your passport is inside the house, that might work also).

Paddy20

Afuera wrote:

Messy situation. While you should have paid your rent, this doesn't give the landlord the right to act the way he has done here.

I'd call the cops and explain the need of your medication etc. and possibly you might need to get in touch with a good locksmith. You'll probably need proof of residing there (a letter addressed to you there or if your passport is inside the house, that might work also).

Totally agree, your landlord must give you official notice 'to quit' in writing, phone the cops as it sounds as though he is denying you access to your home and medication.

That is serious, and the Garda can gain lawful access for you, provided they are not too lazy to enforce the law, if you get any stupid answers, contact the local Chief Superintendant.

This is an emergency and your Landlord must get a Court order before he can evict you !. Do you even have a proper 'Rent book' with the statutory tenants rights listed inside the front cover, he should have provided this to you by law the first time rent/cash exchanged hand's.

Demand action NOW from the Garda, as it is illegal for any Irish Citizen to be left homeless.

"When the going gets tough, the tough get going". You can also apply to your local ' Community welfare officer ' for a-single exceptional needs payment- to help clear any rent arrears, they work for your local Health Board/HSE and are listed in the phone book, including 'emergency' home numbers for people in your situation.

I know of Landlords who were sent to prison for doing what you have described :eek: .

Community welfare officers also have cheques at home, to help genuine cases, you should also make it clear to those you contact that unless you case is treated as ' an emergency ' and you are allowed in to your home, then you will e forced to Gain access to your home, your goods & chattle's and your medication by using your own initiative, do not allow anyone to allow you to be homeless 'for one night' :mad: Sounds as though you are dealing with an unreasonable hoodlum, who has not got legal leg to stand on, so treat him as such.

Your local HSE Community welfare officer also has duty, to provide you as a last resort, with a B&B emergency alternative, provided your personal finance's/circumstance's warrant it. Although, if it was me personally, I would already be back in the house, leaving the Landlord with the problem, of getting me out !, which is not easy , and can take a very long time, using the legal route.

P. :cool:

Joe Collins

No he never has provided me with a rent book. Most of my dealings with him were cash, although I did give him a bank draft now and then. Ijust still am not sure that seeing as my year was up, do I have still have rights, i.e. if the verbal contract is not valid because it is up.

Paddy20

Please, re-read my post to you, which I have altered slightly. As for Verbal agreements have you ever heard the saying " They are not worth the paper they are written on ".

Good luck.

P. :cool:

aniascor

Joe Collins wrote:

No he never has provided me with a rent book. Most of my dealings with him were cash, although I did give him a bank draft now and then.

Oh dear... do you have any receipts for rent paid? Bank drafts don't really help you because they can be as untraceable as cash. Without receipts or a paper trail it is going to be harder to make your case - but not impossible.

It's a hard lesson to learn - but next time make sure you get receipts for everything, or preferably pay all rent directly into the landlord's account from your own account - that way you have a paper trail. This is a lesson I learnt myself the hard way when the girl in my house, who took responsibility for paying the rent to the landlord, helped herself to some of the rent money.

Sorry for the tangent - back on topic though, no matter what the agreement verbal or written, or how you payed your rent, your rights don't change (they just get a little harder to enforce). Ring Threshold first thing tomorrow, and get their advice.

And that advice about the guards isn't bad - go to your local station and see what advice they offer you.

Joe Collins

I hope you have not picked me up wrong by some of the replies. I am not homeless. I can stay in my parents for a few days and am looking forward to aquiringb a smaller apartment. I am willing to pay the landlord all monies due, just that I am a bit annoyed by his sudden response and lack of co-operation. He has just text me back to meet on Friday. I will have some of the money due then, but not all. I am under the impression that he will not allow me get my belongings until all monies are paid (which should be in two weeks)

aniascor

He has no legal entitlement to hold your belongings until he gets the rent. Did he text you saying that? If so, I would go directly to the guards, with the text as proof, and explain that he has stolen your possessions by illegally denying you access to them.

bullrunner

aniascor wrote:

He has no legal entitlement to hold your belongings until he gets the rent. Did he text you saying that? If so, I would go directly to the guards, with the text as proof, and explain that he has stolen your possessions by illegally denying you access to them.

if he texted you that...keep hold of this text...report him to the Gardai AND PTSB ...at this stage I would also consider talking to a solicitor...what he has done is illegal.

As you said, you agreed with him that you would pay your overdue rent in installments, ...did he agree to this? did anybody else witness this?
If you can prove it then he has no right to evict you for not paying your rent on time.

antoinolachtnai

Most of the facts above are sort-of correct, but try to resolve it with the landlord yourself, try not to get the legions involved if you can avoid it. Bring along the printouts from the treshold website and all the rest of it. If you can, bring a friend if you think it will help, meet somewhere neutral (like a cafe or a pub) and try and resolve your differences.

Remember, all this guy wants is his rent. All you want is somewhere to live and a little bit of space to pay what you acknowledge you owe.

Being reasonable doesn't mean you should allow yourself be walked over though.