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Landlord Withholding Post

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  • 15-09-2009 5:02pm
    #1
    Closed Accounts Posts: 12


    2 weeks ago, I moved out of the house I had been renting for over 2 years. In that time the landlord never came to inspect the house. When I gave them a months notice that I was leaving, they came to inspect the house. They came and inspected the house for 20 mins, taking notes on a notepad, but in the end seemed very happy with the condition of the house. When I asked them if there was anything I needed to do, they told me it was fine, they would be painting the place, but that was something they had expected to do anyway.

    A month later, the day I was leaving, the landlord was not so happy. They complained about the "grubbiness" of the kitchen, but agreed to give me back the deposit in full. I explained to the landlord that I was expecting some important post, and left a forwarding address.

    Last week, the landlord texted me, furious that they gave me back the deposit in full, listing out problems that had either been there from before I moved in, or didn't exist at all. They demanded that I post them back a certain amount of the deposit, that they have deemed would compensate them for these "problems". Simultaneously, they informed me they had received post intended for me.

    I have no intention of returning any of the deposit. Short of accusing them of blackmail, I don't believe they have any intention of forwarding my post until they've been returned their money. This morning they forwarded me a letter from the ESB which was addressed to "The Occupant" not me, which I believe they must have thought was a bill. Funnily enough, it wasn't a bill (I had closed the account and settled with the ESB the day I moved out), but a letter informing the landlord or next tenant that someone would need to open an account or the connection would be terminated. They haven't sent me anything else, and i know they have post belonging to me.

    Where do I stand here, legally? Where do I take this from here? How do I get my post back without being held to ransom? Does anyone know the particular laws or acts governing these types of shenanigans? Any advice would be much appreciated.


Comments

  • Registered Users Posts: 8,085 ✭✭✭Xiney


    Tell them that if they do not give you the post intended for you that you will be contacting the gardai for theft.

    It's an empty threat (the gardai won't do anything about it as it's a civil matter) but it might work.

    Also, contact the companies/persons from whom you were expecting the post and have them resend it to your new address.


  • Closed Accounts Posts: 12 barry-s


    Thanks Xiney,
    I have already done both of the above. However, in the last couple of minutes I received a tracking ID for one of the packages, and upon calling the AnPost main office they've emailed me proof that the landlord had signed for it. Does this now make it a matter for the gardai?


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    barry your jumping the gun here a bit, nowhere do yo mention them refusing to pass on your post. Your assuming hes witholding it becasue he hasnt sent it on.

    Lets be clear if you want it you should go and collect it. Its not your old landlords responsibility to spend his time and money forwarding your post.

    If he still refuses to hand over the post then you should contact the gardai but only after he has actually refused to hand it over as mail theft is a criminal offence (and not a civil offense as mentioned by Xiney)


  • Registered Users Posts: 459 ✭✭com1


    I would suggest that you inform your landlord that he / she may be commiting an offence under the Postal and Telecommunications Services act 1983
    <snip>
    84.—(1) A person who—

    ( a ) opens or attempts to open a postal packet addressed to another person or delays or detains any such postal packet or does anything to prevent its due delivery or authorises, suffers or permits another person (who is not the person to whom the postal packet is addressed) to do so, or

    ( b ) discloses the existence or contents of any such postal packet, or

    ( c ) uses for any purpose any information obtained from any such postal packet, or

    ( d ) tampers with any such postal packet,

    without the agreement of the person to whom the postal packet is addressed shall be guilty of an offence.
    </snip>


  • Registered Users Posts: 6,344 ✭✭✭Thoie


    It doesn't help with the existing post that the landlord has, but An Post has a redirection service you should probably sign up for - this will stop future items addressed to you going to the old address:

    http://www.anpost.ie/AnPost/MainContent/Personal+Customers/Managing+Mail/redirection.htm


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  • Closed Accounts Posts: 12 barry-s


    Thanks everyone for the help.

    I'll let you know how it goes.


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