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problem neighbour finding landlord

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  • 23-06-2007 9:34am
    #1
    Closed Accounts Posts: 37


    hi there, recently the antichrist has moved next door and despite requests keep the noise down we still cant get a moments peace.how do i go about finding out who the owner/landlord of property is to make a complaint before it comes to blows


Comments

  • Registered Users Posts: 78,399 ✭✭✭✭Victor


    Write to the neighbour and then talk to the noise pollution people in your local council.


  • Closed Accounts Posts: 53 ✭✭Jack O'Neill


    Had same problem.

    Write to Private Residential Tenancies Board (www.prtb.ie) and ask them for the Landlords name and address. They'll send you the details.

    Also state you wish to avail of their Dispute Resolution Service and they'll send you a form to make a 3rd party complaint and some leaflets on tenants and landlord's obligations including anti social behaviour. They are very busy and this could take 10 weeks (70 days!)

    The local authority Environmental Health officers are useless.

    If this doesn't work, go to the clerks office in your local distric court (Dolphin House, East Essex St Dublin 2, 3rd Floor) Make an application under Sec 108 of the Environmental Protection Act for a court date (usually about a month's time) You don't need a solicitor at this stage, but you can if you want. You can make the application against the landlord for failing to uphold his/her obligations on the tenants anti social behaviour. The court may issue an order to restore your peace, breach of the order is a serious matter for the landlord.

    In the meantime, get your self a note book of any description and write down "contemporeaneusly" any events or incidents - this is extremely useful in court, Video or photograph and other incidents. Keep your cool, don't give them any excuse, be a good neighbour - then stuff them!

    Regards

    Jack


  • Closed Accounts Posts: 37 gimmeabrk07


    thanks for the advide guys, im gonna get in contact monday with the prtb


  • Registered Users Posts: 17,958 ✭✭✭✭RuggieBear


    tbh, we had a similar problem and ended up just moving out.


  • Closed Accounts Posts: 53 ✭✭Jack O'Neill


    hi gimmebaer

    how did you get on with the prtb?

    regards

    jack


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  • Closed Accounts Posts: 37 gimmeabrk07


    contacted the prtb 2 weeks ago and it seems the landlords has not registered with them.(says on prtb site that if not registered can face 3000euro fine/6mths in prison)but have finally got the landlords name after the police became involved, so now waiting for landlords agents to show up


  • Closed Accounts Posts: 53 ✭✭Jack O'Neill


    Good for you, best of luck.

    Regards

    Jack


  • Closed Accounts Posts: 37 gimmeabrk07


    now landlords agency wont give landlords contact details and wont do f/all about noise bk to the prtb:mad:


  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Tell the agency that you are going to take them to court, since they are acting as the landlord's representative. That might push them to get the finger out.

    Who is the agency anyway?


  • Closed Accounts Posts: 37 gimmeabrk07


    odesa estates phibsboro right pain in the b/side manager when i asked for details said landlord would'nt want to be bothered with any of this! hes gonna be


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  • Closed Accounts Posts: 53 ✭✭Jack O'Neill


    paulw is correct.

    Go to the clerks office in District Civil Court (Dolphin House, East Essex St Dublin 2, 3rd Floor)

    Make an application under Sec 108(3) of the Environmental Protection Act 1992 for a court hearing (usually about a month's time) It's all pretty informal at the hearing yet very serious in its outcome. The Judge is very good on these things.

    see link to court form -

    http://courts.ie/courts.ie/library3.nsf/6556fea313d95d3180256a990052c571/044edd0452699c6680256da6002e7f61?OpenDocument

    You don't need a solicitor at this stage, but you can if you want. It'll will cost you €18 for the application and you can serve it yourself or by registered post (get a certificate of posting) You bring the postage cert and an affidavit (they'll give it to you)to a Peace Commissioner to lodge back in court. It's all very easy.

    You can make the application against the landlord's agent (put the name of the manager on the application, that should shake his tree) for failing to uphold his obligations on the tenants anti social behaviour ie noise nuisance. He is vicariously liable for their activities as he has control over them, ie can give them or take away the lease. And he chose to not give you the names.

    The court may issue an order to restore your peace, breach of the order is a serious matter for the agent (coourt fine or prision), they might give up the names then. The Judge would not be happy at thier conduct.

    Get your self a note book of any description and write down "contemporeaneusly" any events or incidents - this is extremely useful in court, Video or photograph and other incidents. Keep all letters and notes of phone calls etc

    Keep your cool as the great philosopher, Horace Rumpole once said "don't get mad, get evidence"

    Private message me if you need any more help

    Regards

    Jack


  • Registered Users Posts: 19,705 ✭✭✭✭Ace2007


    lol - u guys are talkin crap - Under confidentail laws- estate agents can't give out landlord addresses,

    Go to Court - by the time u get there, problem could b solved- then u have to waste an entire day...

    y didnt u just get the gardí to get the address of the landlord off the occupants in the house...


  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Ace2007 wrote:
    lol - u guys are talkin crap - Under confidentail laws- estate agents can't give out landlord addresses,

    What confidential laws? The vast majority of estate agents are not registered/covered by the Data Protection Act. They have an obligation to pass on complaints about the residence to the owner, or have the owner contact the person making the complaint.

    But, since they are acting as the agent for the owner, you most certainly can take action against them, and name them in your court procedings.


  • Closed Accounts Posts: 37 gimmeabrk07


    ok, i have the guys name but no contact details.agency would not provide so have written to prtb to request info.guards said matter for solictors. if the prtb are of no use the courts seam the best way to go.


  • Registered Users Posts: 1,909 ✭✭✭Agent J


    Ace2007 wrote:
    lol - u guys are talkin crap - Under confidentail laws- estate agents can't give out landlord addresses,

    Go to Court - by the time u get there, problem could b solved- then u have to waste an entire day...

    y didnt u just get the gardí to get the address of the landlord off the occupants in the house...

    Quote the law please.

    Also The name and address of the landlord must by LAW be on the Lease which should be provided at the commencement of Tenacy.
    They are also obligied to provide the Landlords PPSN.

    That would be in the 2004 Tenacies Act.

    Also there is no storage shortage on boards so you dont need to worry about saving the electrons.


  • Registered Users Posts: 19,705 ✭✭✭✭Ace2007


    Agent J wrote:

    Also The name and address of the landlord must by LAW be on the Lease which should be provided at the commencement of Tenacy.

    and these details will be on any rent book that the tenant has and therefore you can get the details off them...


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