What are my rights?

iloseagain

I'm living in a one bedroom flat in limerick. Its in a building with one flat above and one below. Last night i had 3 friends over to watch the match. we had a few cans after that and headed to a nightclub, leaving at around eleven. My friends came back after for about 30 mins to wait for a taxi. One of them (actually more a friend of a friend who i didn't even invite) was really drunk and was stumbling around the place, he went missing for about 10 mins and we thought he was gone to the toilet. It turns out that he had left my flat and went wandering around the building and while trying to get back into my flat, he went to the door of the downstairs flat and started banging it and kicking it. He came back up and said nothing about it and long story short (which involved him insisting on driving home and us having to wrestle the keys out of his pocket) i ended up having to put him up for the night.

The next morning i got woken up by a knock on my door. went to answer it and it was the man who lives downstairs (i must add that he comes from very rough stock). He was understandably irate and was accusing me of banging and kicking his door. I didn't have a clue what he was talking about so i said that it must have been one of my friends and apologised. He asked was he here at the moment and i said he was. at that point he forced his way into my flat and whacked my yer man who was asleep on the couch on the head with a walking stick he was carrying while roaring at him and hit him twice more with the stick across the body. I told him that he had no right to come into my house and attack people which caused him to whack me across the side of the leg twice and raise the stick in such a manner that i thought he was going to hit me across the head. i told him that i was very sorry for what happened last night but that's no reason to come in hitting people with sticks and told him i was going to tell the landlord if he didn't leave now. he responded by saying that he was gonna get the landlord to kick me out and stormed out of the flat.


What kind of rights do i have in that situation? Could i leave and keep my deposit? Would the landlord be able to kick me out on the testimony of the neighbour? (for a bit of background i had a bit of trouble about two months ago for a "party" i had with the landlord who threatened to kick me out but we had since resolved it and there was no trouble since)

karen3212

I don't understand why you didn't call the guards? The man has assaulted you and your friend. If it were me I would be reporting my neighbour.



Your neighbour may complain to your landlord/noise people. Your landlord may ask you to leave. The person living down stairs is a nutter, do you really want to continue living there?

I have copied this short section from the pdf Residential tenancies Act 2004, a quick guide.
Please check, www.prtb.ie

''Shorter notice periods apply where termination is for noncompliance
with tenancy obligations (7 days for serious anti-social
behaviour, 28 days for other breaches) and the parties may also
agree a shorter notice period at the time of termination (but not
earlier). Longer notice may be given, but not more than 70 days
where the tenancy has lasted less than 6 months.''

Contact Threshold as well, they will be able to give you more information.

MysticalSoul

He assaulted both you and your friend, so if it were me, I would report him. Do you have marks on your body, would strengthen the case if you did, rather than he said/she said type of scenario.

iloseagain

Ya i've a big bruise on the inside of my leg and a big lump on the outside of my leg that's on the way to being a bruise.

Its annoying tho cos i'm here four months and i've just got settled in. Yer man does seem like a bit of a psycho alright and in the midst of his rant he shouted "do you know who i am?!" which in limerick is always a worrying sign coming from a man attacking you with a stick.

Ya I probably should leave. Would this incident come under the remit of serious anti-social behaviour or other breaches (i'm thinking serious anti social behaviour myself.

I didn't call the guards because i think that's probably the worst thing i could do if i had a psycho (and maybe even a well connected psycho) living right below me.

the_syco

iloseagain wrote: »

I didn't call the guards because i think that's probably the worst thing i could do if i had a psycho (and maybe even a well connected psycho) living right below me.

Don't call the guards, and live in fear for the rest of your stay there...

He hits you with a walking stick? What age was he? Old? Report him to the Gardai. People like him usually have a record with the Gardai, and will keep doing what ever they want until they get cautioned. WHy? Because they can.

AARRRGH

Technically you are innocent, so I don't think you have anything to worry about. I would log a complaint with the Gardai, so they have a record of the incident.

I understand you are worried about doing this in case he escalates the matter, but again, use the Gardai to protect yourself.

astrofool

How about next time you have a party, you don't invite friends who get too scuttered to realise where you live.

sorella

Please, call the Gardai.

He needs.... That was a serious assault.

They will warn him.

You did nothing wrong.

AARRRGH wrote: »

Technically you are innocent, so I don't think you have anything to worry about. I would log a complaint with the Gardai, so they have a record of the incident.

I understand you are worried about doing this in case he escalates the matter, but again, use the Gardai to protect yourself.

iloseagain

i spoke to the landlord anyway and told him exactly what happened. He said he's gonna say to the fellow that if there is any other incidents like this he is out on his arse. Yer man has been living there for a couple of years already so i think that the threat of eviction should be enough for him. Also said to the landlord that if anything else happens i'm gonna have to leave at the very least (if not call the guards in too) and in this climate i don't think he will want to have an empty flat on his hand so that should motivate him to have a very stern word with yer man.

How about next time you have a party, you don't invite friends who get too scuttered to realise where you live.

As i said in my first post i didn't invite him and only had him back cos he was threatening to drive home.

i'm goin abroad in a couple of months and rather than move somewhere else only for 2-3 months i think i'l chance staying for the time being. I have the landlord informed of my feelings on the matter anyway so if anything else happens i'm out the door!

Thanks for all the advice

bobbiw

iloseagain wrote: »

I'm living in a one bedroom flat in limerick. Its in a building with one flat above and one below. Last night i had 3 friends over to watch the match. we had a few cans after that and headed to a nightclub, leaving at around eleven. My friends came back after for about 30 mins to wait for a taxi. One of them (actually more a friend of a friend who i didn't even invite) was really drunk and was stumbling around the place, he went missing for about 10 mins and we thought he was gone to the toilet. It turns out that he had left my flat and went wandering around the building and while trying to get back into my flat, he went to the door of the downstairs flat and started banging it and kicking it. He came back up and said nothing about it and long story short (which involved him insisting on driving home and us having to wrestle the keys out of his pocket) i ended up having to put him up for the night.

The next morning i got woken up by a knock on my door. went to answer it and it was the man who lives downstairs (i must add that he comes from very rough stock). He was understandably irate and was accusing me of banging and kicking his door. I didn't have a clue what he was talking about so i said that it must have been one of my friends and apologised. He asked was he here at the moment and i said he was. at that point he forced his way into my flat and whacked my yer man who was asleep on the couch on the head with a walking stick he was carrying while roaring at him and hit him twice more with the stick across the body. I told him that he had no right to come into my house and attack people which caused him to whack me across the side of the leg twice and raise the stick in such a manner that i thought he was going to hit me across the head. i told him that i was very sorry for what happened last night but that's no reason to come in hitting people with sticks and told him i was going to tell the landlord if he didn't leave now. he responded by saying that he was gonna get the landlord to kick me out and stormed out of the flat.


What kind of rights do i have in that situation? Could i leave and keep my deposit? Would the landlord be able to kick me out on the testimony of the neighbour? (for a bit of background i had a bit of trouble about two months ago for a "party" i had with the landlord who threatened to kick me out but we had since resolved it and there was no trouble since)

Funny story, you sound like a jack ass. You cant keep your deposit. You need to realise that the deposit is just a bonus for the landlord, you dont normally get it back.

iloseagain

what exactly makes me sound like a jackass? is it the fact that i was forced to take in a pissed friend of a friend. i better go look up the definition of jackass in a dictionary. and

I don't know what kind of landlords you've had but i always expect my deposit back because i've always left anywhere i've been in the same state i got it in. Don't see it anywhere in the law about a deposit being a bonus for the landlord.

eejit!

keane2097

bobbiw wrote: »

Funny story, you sound like a jack ass. You cant keep your deposit. You need to realise that the deposit is just a bonus for the landlord, you dont normally get it back.

This post reminds me of a story about a pot and a kettle.

The_Conductor

Guys- the rules are- if you disagree with what someone posts- you refute the post, without attacking the poster.

bobbiw - 1 week ban for personal abuse

S.