Changing locks

robbed

Hi folks,

I'd really like to hear opinions on this.Thanks in advance.

I handed in 1 months notice to my landlords agent 6 weeks ago.

He said no problem, but you will NOT get your deposit back unless you find new tenants.

I advertised the house and found new tenants.
I also viewed the house to prospective tenants that he (the agent) found.

He agreed the tenants that I found were fine but they were unable to move in on rent day. They needed 1 more week.

We then agreed to take any more time I stayed in the house from my deposit.

On the agreed day of moving I cleaned the house thoroughly.

The agent arrived and said that no money would be returned because I took extra time, which his client (landlord) was not actually agreeable to, but I was welcome to stay in the house and pay more rent.

After much arguing I said I would stay as I wouldn't leave without the deposit.

3 days later I still had not paid rent (13 days late of contractual agreement, 10 of those days had been verbally agreed) and he changed the locks with my stuff still the house.

I arrived home and was met by a tradesman hiding in my house who had been hired to change the locks..

I had signed a twelve month lease but had to leave in month 4 because I lost my job and couldn't afford rent.

Am I unreasonable in looking for my deposit back?

I understand I broke the contract, but I found new tenants and agreed to pay rent until the day I left.

I've spoken to threshold but they seem to favor the landlords rights.

What should I do? Pay PRTB to tell me I broke contract and the poor landlord has to keep my money?

please advise and don't ever trust an estate agent.

markpb

My understanding is that he had no right to remove you without going through PRTB. Take a complaint to them immediately.

robbed

Thanks for your reply Mark. I was begining to doubt anybody having an opinion on this subject, which would've been strange.

I've contacted prtb but they have a long waiting list. Is there an alternative anyone can recommend? Get a solicitor maybe? This is all going to cost me even more money to get sorted, I'm now missing job interviews and other personal commitments is he liable for costs incured by me because of his actions?

I'm very annoyed about this.

markpb

I'm not an expert on the laws surrounding this but I think he has locked you out of your primary residence which is illegal. I'd go to the Gardai and make a complaint about him to them.

Jack Bauer999

markpb wrote: »

I'm not an expert on the laws surrounding this but I think he has locked you out of your primary residence which is illegal. I'd go to the Gardai and make a complaint about him to them.

+1 definitely don't let the landlord get away with that.

there's procedure's he has to go through if he wants to evict you.

by changing the locks and kicking you out he has left himself wide open to be sued.

Go the the PRTB and Take him to court, if you have the patience and time you could get a lot more than your deposit back.

There was a similar case 5 or 6 months ago where fair enough the tenant was taking the piss by living there for 5 or 6 months
Without paying rent but the landlord just evicted them (changed the locks one day and threw their stuff out)
without going throught the proper procedures and ended up having to pay something like 40 or 50 grand to the tenant in court.
Theres was a thread here about it but cant find it now.

sorella

Is he even registered with PTRB?

Their site has a list of registered tenancies; if he is, then you will have signed that paper.

The Tenancy Act is so new that few know it; we are having some landlord problems as a result.

Threshold are monitoring in case we need them.

Check the Act etc, but don't let the landord win this one.

sharpsuit

Changing the locks is completely illegal so take a case to the PRTB. You are entitled to get back in or to get compensation for the illegal eviction. You are also entitled to get your deposit back as you found replacement tenants.

You mentioned that you contacted Threshold. Why were they not able to help you?

robbed

Sorry I meant to reply earlier.

When I contacted threshold initially, before the locks were changed, they advised that I would only get a small amount of my rent back because of 10 day rent arrears and also because if it went to a trial I also might be liable if the landlord had reduced the rent for the new tenant which he had, he dropped by 100€. That agreement was between the new tenant and the landlord however, I wasn't consulted.

After that meeting with threshold I returned to the house to get something and found the locksmith hiding in the house. No exaggeration, the guy had the door locked and I spotted him inside I had to call through the letter box to get a response. He waited almost 20 minutes before coming out. He was obviously a bit shook by events and had a stanley knife open just in case. He promptly put it away but not a nice situation for either of us.

Today is Monday, three days after the door locking incident and threshold have phoned to say the landlord will call me and has offered some of the deposit back and access to my belongings. Since then the agent has called and said my belongings are in storage but didn't mention money. He has my stuff from the house and the tenants I found have moved in...

I've told him I don't think we should speak anymore and that someone will be in touch.

to be continued.....

Jack Bauer999

robbed wrote: »

Sorry I meant to reply earlier.

When I contacted threshold initially, before the locks were changed, they advised that I would only get a small amount of my rent back because of 10 day rent arrears and also because if it went to a trial I also might be liable if the landlord had reduced the rent for the new tenant which he had, he dropped by 100€. That agreement was between the new tenant and the landlord however, I wasn't consulted.

After that meeting with threshold I returned to the house to get something and found the locksmith hiding in the house. No exaggeration, the guy had the door locked and I spotted him inside I had to call through the letter box to get a response. He waited almost 20 minutes before coming out. He was obviously a bit shook by events and had a stanley knife open just in case. He promptly put it away but not a nice situation for either of us.

Today is Monday, three days after the door locking incident and threshold have phoned to say the landlord will call me and has offered some of the deposit back and access to my belongings. Since then the agent has called and said my belongings are in storage but didn't mention money. He has my stuff from the house and the tenants I found have moved in...

I've told him I don't think we should speak anymore and that someone will be in touch.

to be continued.....

defo get some advise/step you need to take from the PRTB/a solicitor.
dont settle for just part of your deposit back.
an example of a PRTB ruling in an illegal eviction is below,


Private Residential Tenancies Board

Determination Order



Ref: DR947/2007
In the matter of Inna Ladchenko (Applicant Tenant) and Aideen Hall (Respondent Landlord) the Private Residential Tenancies Board, in accordance with section 121 of the Residential Tenancies Act 2004 and pursuant to a declaration under section 97(4)(b) of that Act relating to a decision reached by the parties themselves, determines that:

1.The Applicant Tenant and her family was illegally evicted from the dwelling at 24 The Drive, Woodbrook Glen, Bray, Co. Wicklow on 4 August 2007.

2.The Respondent Landlord shall return all the Applicant Tenant’s personal property and possessions not later than 16 October 2007.

3.The Respondent Landlord shall pay the sum of €12,000 to the Applicant Tenant as compensation for the illegal eviction. A payment of €6,000 to be made not later than 12 November 2007 and the second payment paid not later than 12 December 2007.

4.The Applicant Tenant, if successful in her appeal to recover rent subsidy in the sum of €6,300 (approximately) from the Department of Family and Social Affairs, shall pay this sum to the Respondent Landlord, within 5 days of receipt of the subsidy.




This Order was made by the Private Residential Tenancies Board on 13 February 2008.

robbed

Threshold have advised that this is an illegal eviction and they will help any way they can. I've logged the complaint to the PRTB and am speaking with a legal adviser from threshold later.

I will hopefully be able to keep discussing this subject here but I may have to stop if it affects my case in anyway. I don't want a big pay out from this landlord but I do want is rightfully mine and that the landlord pays for his actions and suffers somehow. We all know that well dressed, white collar gangsters like this are operating all over the country and that people have to stand up for themselves against them.

The past couple months have been very stressful for me because of this matter and I often felt like not pursing it. Thankfully the past few days have started to look a bit brighter. and I'm very happy that I'm fighting.
I will win this case and on the way I will fight it tooth and nail and ensure that this landlord doesn't get away with this anymore. THAT DAY IS OVER.

Most landlords I have dealt with have been upstanding, honest and good folk.If you're lucky enough to have a landlord like this don't mess them about, play fair. But, if your dealing with someone trying to rip you off put in the time and energy to stop them. The country is in a ****e enough state as it is without ripping each other off. The banks do a good enough job off that already.