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Can you recommend a solicitor in Galway?

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  • 19-04-2010 3:13pm
    #1
    Registered Users Posts: 375 ✭✭


    Hi there,

    I want to see if something can be done legally about a landlord who is not doing anything about the antisocial behaviour of his tenant.
    I am not sure about which area of the legal spectrum this will fall into.
    Thanks.


Comments

  • Registered Users Posts: 5,155 ✭✭✭PopeBuckfastXVI


    Call the guards, your problem is with the tenant, not the landlord.

    Very little a landlord can do legally.


  • Registered Users Posts: 375 ✭✭lucianot


    I already did that and they can't do anything about it. An ASBO will never be issued and ultimately under Section 15(1) of the Residential Tenancies 2004, a landlord of a rental dwelling owes to each person, who could be potentially affected (e.g. by anti-social behaviour), a duty to enforce the obligations of the tenant under the tenancy.
    So that's the option I want to urgently explore.

    Thanks for the reply.


  • Registered Users Posts: 15,815 ✭✭✭✭po0k


    These may be worth giving a call before ringing a solicitor http://www.prtb.ie/


  • Registered Users Posts: 5,155 ✭✭✭PopeBuckfastXVI


    It seems a solicitor is no good for you, and you need to pursue this through the PRTB:
    (3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.


  • Registered Users Posts: 375 ✭✭lucianot


    Thanks, but that will give the tenant information about me I don't want him to know, like my name. I don't know his but he will know mine.
    Anyways, I don't want to settle this in a friendly manner, it;s too late. It's been 10 months now. I asked him please to stop, I almost begged him to stop and he said he doesn't care, he does as he likes at anytime of the day so there is no more human understanding here.


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  • Closed Accounts Posts: 1,193 ✭✭✭Kix


    I've steered a few people towards my brother-in-law and they've been quite happy:

    Brian Geraghty (spelled Brian, but pronounced Brían)
    Geraghty & Co Solicitors
    1 Rosemary Avenue, Eyre Square, Galway
    091-565258

    A solicitor's letter to the landlord might well be all that's required.


  • Registered Users Posts: 15,815 ✭✭✭✭po0k


    If you want to get a court order, I would think your name is going to be associated with it too?
    Without knowing the details, it's hard to give any other advice other than ring the PRTB and ring the Gardai.
    Also, could you elaborate on 'antisocial behaviour'?


  • Registered Users Posts: 375 ✭✭lucianot


    Thank you very much Kix.

    poOk: You are correct but theirs too. With the PRTB process a landlord can also avoid responsibilities I would think, like not being present at the hearing and dismissing my complaint, etc. We've lost days of work for lack of sleep and we are being forced to move out of the place. Some people has left already.

    Antisocial behaviour: fixing car engines from 2am to 7am almost every night in front of my window, dangerous driving and speeding, etc. By fixing I mean revving the engine for hours, and not a common engine but those racing ones.
    I don't want to add more details, that's a lot already, the noise and vibrations are unbereable.
    Thanks.


  • Registered Users Posts: 5,371 ✭✭✭Fuinseog


    lucianot wrote: »
    Hi there,

    I want to see if something can be done legally about a landlord who is not doing anything about the antisocial behaviour of his tenant.
    I am not sure about which area of the legal spectrum this will fall into.
    Thanks.

    does this really justify you spending quite possibly a large sum of money and waiting possibly a year or two before the case is heard?


  • Registered Users Posts: 375 ✭✭lucianot


    Fuinseog wrote: »
    does this really justify you spending quite possibly a large sum of money and waiting possibly a year or two before the case is heard?

    I don't know the costs and length of the process, that's why I am asking.
    Its' already costing me money, health and time.
    It's infuriating to find that you can only fix a problem by escaping from it and nobody is held responsible for that.


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  • Registered Users Posts: 101 ✭✭lookinbusy


    Just my opinion, but if it we're me, I would concentrate on just finding a new place where I can get some sleep at night. Taking court action is always a long and expensive process and you are not gauranteed satisfaction at the end. Invest your time in moving to a nicer place and forgetting all about the jumped up grease monkeys.


  • Registered Users Posts: 375 ✭✭lucianot


    I know and we are searching already, however that doesn't pay me back for the lost time, the stress and the lost hours at work.
    Eventually we will move, but that doesn't fix the problem. Poor people that who moves into that place.
    And the worse is being called racist by this guy, that I complain because I hate Polish people. I just hate idiots like him.


  • Registered Users Posts: 375 ✭✭lucianot


    Or does anybody know the A-team number?


  • Registered Users Posts: 5,371 ✭✭✭Fuinseog


    lucianot wrote: »
    I know and we are searching already, however that doesn't pay me back for the lost time, the stress and the lost hours at work.
    Eventually we will move, but that doesn't fix the problem. Poor people that who moves into that place.
    And the worse is being called racist by this guy, that I complain because I hate Polish people. I just hate idiots like him.


    if you are renting then you can move out. if you have signed a lease you can break it. who moves in to the house after you is not your concern. the landlord does not want the hassle. if he is making noise your neighbours would also have complained.

    try the Citizens Advice Bureau.


  • Registered Users Posts: 375 ✭✭lucianot


    Other people have complained, other people have left the place because of this.
    You are right, who is coming next is none of my business. I think I am just overwhelmed by the fact that you are powerless against someone like this.


  • Registered Users Posts: 5,371 ✭✭✭Fuinseog


    I have lived in a lot of different places and sometimes you have to cut our losses. if you give a months notice what are you going to lose?
    there were problems when i lived with an alcoholic. the landlord did not care, until the guy stopped paying his rent.

    the CAB will be able to advise you of your rights.


  • Registered Users Posts: 449 ✭✭howyanow


    michael molloy,blake and kenny,francis st. galway.very experienced and have used him for years.brian geraghty would also be a good choice.


  • Registered Users Posts: 1,155 ✭✭✭ErnieBert


    I am curios as to where you are living?


  • Registered Users Posts: 500 ✭✭✭King Mallie


    Its not good enough that you have have to move out because of this person. Go to galway city council they will have to get landlord to sort it.


  • Registered Users Posts: 375 ✭✭lucianot


    ErnieBert wrote: »
    I am curios as to where you are living?

    Why so curious? Do you know anything? ;)
    Guess if you want to know :D


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  • Registered Users Posts: 375 ✭✭lucianot


    Its not good enough that you have have to move out because of this person. Go to galway city council they will have to get landlord to sort it.

    Thanks. Is it the City Council or the County Council?
    Is not the best moment to move out, two more months for the baby to arrive, all the involved paperwork, etc.


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    there is someone in the City Council who does noise control or noise abatement

    Read this link, I would burn the cnuts car if he constantly did it outside my window at night and he can rev that up his hole :D

    http://www.citizensinformation.ie/categories/environment/environmental-protection/noise_regulations


  • Registered Users Posts: 375 ✭✭lucianot


    I'll go to the City Council and if that doesn't work I'll move out then after having exhausted all my options.

    We live in An Sailin behind the Wellpark Retail Center. The Galway Property Management company who supposedly is in charge of the place can't do anything, they told me so, they can't control what is done in the place or on the "private road", etc.
    And the worst is that nobody else is complaining, people leave, that's all, you can't fix a problem by leaving.


  • Registered Users Posts: 500 ✭✭✭King Mallie


    Galway city council are the ones to look after this. I would bet if you rang Keith Finnegan show on galway bay fm. Surprise surprise that Within a few mins galway property management would be able to help you after they heard there name on radio.
    Name and shame these companys and people. best of luck with it.


  • Registered Users Posts: 375 ✭✭lucianot


    City Council said it's all in a gray area as there are anti-social behavior issues they can't addressand also they are better equipped to monitor industrial noise level, etc.
    At least they said they will contact the agency to ask them what they have done so far.


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