Help and Advice needed mean landlady!!

lametisse

Thank you so much westcoast girl well at least theres nothing broken or damaged

lametisse

This is the email I have just received that she send to the person of threshold and please let me know what you think about it!!
Please note a text and/or emails are written forms of communication.

"Just to confirm the inspection will take place this Friday at 2.00pm. "MrTreshold" has confirmed he notified ye. As per teh lease I will instruct my agent to gain access if ye aren't there. Appropiate notice has been given. The balance of the overdue rent still has not been paid and you are leaving me no option but to issue a notice to quit. U will have 28 days from 15 June on the expiry thereof the locks will be changed"

A formal Notice to Quit will be sent/hand delivered to your clients in the appropiate way before the 15 June confirming that they have 28 days to vacate the premises from that date. I must re-itterate the locks will be changed on 13 August 2010 (the expiry of 28 days) after this time your clients will no longer have access to the property and will owe in excess of Euro1350.

Also, you may relay to your clients I will be seeking specific performance of the lease until the expiry thereof 21 December 2010, I will be applying to the District Court under a Summons for Debt/Liquidated Money Demand for Judgment in the sum of the remainder owning on the lease. This judgment may be signed by the Registrar of the District court and takes 14 days to obtain. Once Judgment has been obtained I will seek that the County Sherrif seize assets to the value of the debt as per the Judgment.

Of course I don't want to go down this road, if your clients simply pay the outstanding rent (by 14 June), keep to their side of the lease by paying their rent on time and communicate with me in an effective way they are more than welcome to stay.

We simply cannot afford to have tenants in our house who do not pay their rent and if we were to leave Mr and Mrs (us) in our property the way things stand, it would not be us that would requiring that they vacate the property it would be the bank due to repossession. As you can imagine I cannot let this happen.

lametisse

Does anyone have a clue what she is on about??!!

gussieg

did the person at threshold not tell you what it means ? seems she is attempting to baffle and confuse, but as you say she is out of the country it sounds like she is panicking and somebody is misinforming her regarding the arrears. ITs unfortunate but landlords more often throw up tyrants and dictators as it gives them a place to exercise power over other peoples lives. So hopefully in future you find a benign and friendly one

mickm

Best of luck hope everything works out ok, i am in a simular situation

ricman

IN plain english you have til july 14th to pay the arrears ,otherwise you,ll get notice to quit the house.That note is very badly written.GO to welfare officer for your area, ask ,am i entitled to rent allowance .She will tell you how to apply for it if you want a new home.Theres plenty of landlords that take rent allowance.To be frank ,i have never seen a unfurnished house advertised in dublin ,99 per cent of renters do not buy their own furniture,it makes no financial sense.Unless you have a ten year lease on a house .
i am almost sure you will get rent allowance .
if i was giving formal legal notice to someone ,id use registered mail , not email.

xoxyx

ricman wrote: »

IN plain english you have til June July 14th to pay.

FYP. No - really!
This error came from the landlord anyway. Sounds like she's winging it completely!

The_Morrigan

lametisse wrote: »

This is the email I have just received that she send to the person of threshold and please let me know what you think about it!!
Please note a text and/or emails are written forms of communication.

"Just to confirm the inspection will take place this Friday at 2.00pm. "MrTreshold" has confirmed he notified ye. As per teh lease I will instruct my agent to gain access if ye aren't there. Appropiate notice has been given. The balance of the overdue rent still has not been paid and you are leaving me no option but to issue a notice to quit. U will have 28 days from 15 June on the expiry thereof the locks will be changed"

A formal Notice to Quit will be sent/hand delivered to your clients in the appropiate way before the 15 June confirming that they have 28 days to vacate the premises from that date. I must re-itterate the locks will be changed on 13 August 2010 (the expiry of 28 days) after this time your clients will no longer have access to the property and will owe in excess of Euro1350.

Also, you may relay to your clients I will be seeking specific performance of the lease until the expiry thereof 21 December 2010, I will be applying to the District Court under a Summons for Debt/Liquidated Money Demand for Judgment in the sum of the remainder owning on the lease. This judgment may be signed by the Registrar of the District court and takes 14 days to obtain. Once Judgment has been obtained I will seek that the County Sherrif seize assets to the value of the debt as per the Judgment.

Of course I don't want to go down this road, if your clients simply pay the outstanding rent (by 14 June), keep to their side of the lease by paying their rent on time and communicate with me in an effective way they are more than welcome to stay.

We simply cannot afford to have tenants in our house who do not pay their rent and if we were to leave Mr and Mrs (us) in our property the way things stand, it would not be us that would requiring that they vacate the property it would be the bank due to repossession. As you can imagine I cannot let this happen.

OP, you said that your landlady works in the legal profession, yeah?
That is the most horrendous piece of correspondence I have ever seen in my life - completely unprofessional for a notice of arrears/notice of termination.
But yes like everyone else is suggesting, Threshold and the local welfare officer need to be involved in this.
I can't believe someone could be so nasty towards a family that are down on their luck!!

D3PO

terribly constructed letter.

OP the fact she has June on it makes it invalid. Of course you dont have to point this out to her.

also Im not 100% sure but I believe if you are evicted then your lease is null and void so she cannot try and enfore it until december.

Where is JO King when you need him/her ?

if your landlady works in the legal profession pigs can fly. :rolleyes:

Xiney

lametisse wrote: »

This is the email I have just received that she send to the person of threshold and please let me know what you think about it!!
Please note a text and/or emails are written forms of communication.

"Just to confirm the inspection will take place this Friday at 2.00pm. "MrTreshold" has confirmed he notified ye. As per teh lease I will instruct my agent to gain access if ye aren't there. Appropiate notice has been given. The balance of the overdue rent still has not been paid and you are leaving me no option but to issue a notice to quit. U will have 28 days from 15 June on the expiry thereof the locks will be changed"

A formal Notice to Quit will be sent/hand delivered to your clients in the appropiate way before the 15 June confirming that they have 28 days to vacate the premises from that date. I must re-itterate the locks will be changed on 13 August 2010 (the expiry of 28 days) after this time your clients will no longer have access to the property and will owe in excess of Euro1350.

Also, you may relay to your clients I will be seeking specific performance of the lease until the expiry thereof 21 December 2010, I will be applying to the District Court under a Summons for Debt/Liquidated Money Demand for Judgment in the sum of the remainder owning on the lease. This judgment may be signed by the Registrar of the District court and takes 14 days to obtain. Once Judgment has been obtained I will seek that the County Sherrif seize assets to the value of the debt as per the Judgment.

Of course I don't want to go down this road, if your clients simply pay the outstanding rent (by 14 June), keep to their side of the lease by paying their rent on time and communicate with me in an effective way they are more than welcome to stay.

We simply cannot afford to have tenants in our house who do not pay their rent and if we were to leave Mr and Mrs (us) in our property the way things stand, it would not be us that would requiring that they vacate the property it would be the bank due to repossession. As you can imagine I cannot let this happen.

Yesterday was the 7th of July - she has to give you 14 days to pay from the date of notice so you have until the 21st July. Then you get 28 days to leave.

Threshold will sort it out for you.

latenia

lametisse wrote: »

We did not get anything in writting from her as notice of 14days to pay the arrears or a notice to quit or anything just a text last night as she moved to australia since december

Little Miss Paralegal has left you with an open goal here. You are not in arrears. As a tenant of a non-resident landlord you should have only been paying her €640 per month since she went away. Write back to her explaining that you are withholding 20% of the rent as per Revenue requirements and that you should have been doing so since December.

At the end of the year you will then forward €1920 to the Revenue for which she'll receive a tax credit. This gives you plenty of time to catch up.

I also suggest that you explain firmly that any further threats of eviction will be considered harassment and that you will be taking legal advice.

The only downside of this is that you won't be able to see the look on her face when she reads it. :pac:

D3PO

latenia wrote: »

Little Miss Paralegal has left you with an open goal here. You are not in arrears. As a tenant of a non-resident landlord you should have only been paying her €640 per month since she went away. Write back to her explaining that you are withholding 20% of the rent as per Revenue requirements and that you should have been doing so since December.

thats not exactly true. You dont know that the LL hasnt got an acting agent from a tax perspective. Living aborad isnt default withold 20%

latenia

D3PO wrote: »

thats not exactly true. You dont know that the LL hasnt got an acting agent from a tax perspective. Living aborad isnt default withold 20%

Well maybe the OP will clarify whether the rent goes into the landlord's bank account. From what we've heard I presume this to be the case.

lametisse

She is not registered with PRTB and she told me before everything was like that she cant do the Rent to buy yet as she just bought the house since 2 years because of Stamp Duty does anyone knows about that?
She is harassing us so much at the moment that I have started to have panic attacks and I do not even leave the house to go to buy food just in case someone comes and change the locks all we are asking is she does the legal way of serving the notice we want to move out.

And I am certain she is not paying any tax on the house!

lametisse

I pay directly to the Landlord's current bank account and gave her 800 deposit cash and 1600 cash for the month of january and february, She doesnt want Rent Allowance as its " too much hassle" , we know for a fact she didnt register with PRTB .

D3PO

ok so shes not PRTB registered and shes renting before owning for 5 years ?

So possible fine for no PRTB registration (unlikely but hey), she potentially owes the revenue stamp duty as a clawback, she may not be paying NPPR and she may not be tax compliant.

your hand is just getting stronger and stronger here

I think you could do worse than calling your local Co. Council and advising them this address is being rented out so they can check if NPPR has been paid.

A quick call to revenue aswell wouldnt go astray.

Informing your landlady that your planning on doing so might change her attitude to terminating the tennancy

lametisse

The latest news she will not talk to the person of threshold anymore as the person is wasting her time and tomorrow I will be getting both notices the 14 days and 28 days together!

ricman

She has to give you 14 days to pay the arrears, then give you notice ,if she wishes on day 15 , notice to quit , if you do not pay the arrears.see prtb website .tell her ,email her look on the prtb website.she is supposed to be registered with the prtb as a landlord.

D3PO

lametisse wrote: »

The latest news she will not talk to the person of threshold anymore as the person is wasting her time and tomorrow I will be getting both notices the 14 days and 28 days together!

shes a muppet she cant issue notice to quit until after the 14 days. If she provided both at the same time it invalidates the whole process.

lametisse

As promised the update about the situation, she doesnt want us to move anymore so we told her that if she doesnt want to lose us if its ok to reduce the rent which she did after a few days...we are still in the same house as we cant move out due to the fact she is not throwing us out and if we do leave we will have to pay until the end of our contract and I have got a job its not anything glam but its a job!
Thanks to all , may god bless you:D

quozl

LOL, that's an amusing end to it Lametisse.

I'm glad it worked out for you. Have a bit of sympathy for the landlord too, they're clearly a bit daft and I'd guess under some pressure themselves based on their behaviour.

lametisse

she knows am not a bad person and i do understand completely she was afraid to lose her house but on the other side she should not have treated me like a criminal, but I prefer now to go forward and forgive her at the end of the day it could have been me in her shoes thanks to all

D3PO

get the rent reduction agreement in WRITING if you dont already have it