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What is considered as " Normal" house Inspection compare to an "abusive" one?

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  • 06-07-2010 10:34am
    #1
    Closed Accounts Posts: 48


    Hello all me again
    I would like to know what is considered as a good and normal house inspection what does the person inspecting have the right to do , do they have the right to open my own stuffs like wardrobe and so on... move the beds to see the state whats exaggerated ?? as like I have said before my landlord is trying all possible means apart from legal means to evict me so I am thinking thats her newest discovery trying to say the house is in a mess...

    I have never had that kind of problems with previous landlords as they always said the house is always cleaner than when they gave me as I will always paint the house same color of course and keep it tidy and clean even with 3 babies! Seriously need your help guys thanks:)


Comments

  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    If the house needs to be painted, why are you doing it?
    That's for the landlord to arrange

    You'll get no thanks for it and they'll probably complain anyway


  • Closed Accounts Posts: 48 lametisse


    Do you know what are the things they can do and what can be considered as being "extreme" as I need to be aware of it as am sure she will try anything and everything and now am not going to back down


  • Registered Users Posts: 952 ✭✭✭Fiii


    You have been advised several times to contact Threshold (www.threshold.ie).
    They really are the people you need to talk to about all of this.
    There is only so much help an internet forum can give you before you must help yourself.

    If I was you, I would be on the lookout for a new place to live.
    No, it's not fair that she is pushing you out like this, but do you really want this women as your landlord?

    As said, give threshold a call and get their advice.

    Best of luck.


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Take pictures of the place been clean. I mean take picture of everything and every piece of landlord furniture.
    They can look under the bed, open wardrobe for a quick visual but going through the place like a Garda raid is not on ;)


  • Closed Accounts Posts: 48 lametisse


    I have already contacted threshold and the person in threshold even told me she is an unreasonable person and I cannot move out without her giving me the notice else she will be suing me for the rest of the contract so I have to wait for her to give me the notice.. and she is still not giving me the 14days notice

    thanks at least she wont be able to move my own furniture or open my own stuffs as this is an unfurnished house with only kitchen appliances that are not ours such as cooker, washing machine..


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  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    In that case, the LL cannot go open your wardrobe or move anything belonging to you.

    Quote insurance liability if they try to move anything thats yours and also quote your rights as the items are yours:)

    From the other thread, the house is your home until the lease is up assuming rent is always paid.

    Stick by the law on this and you will win if they try anything untoward like evicting you without proper grounds/changing locks etc.


  • Registered Users Posts: 78,387 ✭✭✭✭Victor


    There is no obligation to keep the property tidy (unless its in the lease).

    You do however, have to make use that it wan be returned in a clean condition, with no or minimal damage.


  • Closed Accounts Posts: 48 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.


  • Registered Users Posts: 184 ✭✭Jennypops


    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.


    It seems that the landlord may obviously want you out, for whatever reasons or issues that have arisen...with respect, if you have not paid your rent then it is very unfair on the landlord to have to subsidize you. Why have you not paid your rent? As the landlord states in the email there is no problem with you continuing to live there, as long as the rent is paid on time. I also dont think there should be any issue with inspections taking place on the property, if as you say you keep the place well then you have nothing to worry about.

    I did read your other thread where you have explained about the rent being late etc, as far as i remember from the thread you said that you would be paying the rent on the 6th july, which i take it you have not done so in all fairness the landlord is entitled to take issue with this. You have broken your Lease therefore she is evicting you...in all reality you just need to pay your rent and keep up your side of the agreement. I appreciate that perhaps your landlord did not deal with this in the most effective manner possible at the start...but you have no grounds to argue when you are living in her house free of charge.


  • Closed Accounts Posts: 48 lametisse


    We just want to get out of the house now she is harassing me and my husband on the phone and emails its too much, I have always explain to her why the rent was due to my and my husband lost of jobs, its not as if we decided one day to stop paying the rent, not once did she told us its ok u are 2 days late.. i even ask her to reduce the rent for a couple of months then put it back up when we are back up on our feet we would pay her the difference she said no, to accept the rent allowance she said no again to it...what should I do?

    Apart from moving out she has the right to threatened me with liquidating my assets and I should stay quiet and let us do it ...I think thats quiet unfair of you to tell me that..


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  • Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    Don't worry too much about the liquidating your assets bit. Keep in touch with Threshold. No one is going to be liquidating anyone or evicting you next month. At this point you haven't even been issued wih notice.

    Just calm down and try to deal with everything rationally and without emotion. You need to concentrate on getting a job and getting things back to normal. When you deal with the Threshold person, listen carefully to what they say and take written notes.

    This lady is acting irrationally for sure. But you have to keep your calm.

    Try talking to this agent guy when he comes tomorrow. Be nice to him. You may be able to get him to help mediate a settlement. Have the person from threshold available on the phone to talk to him, in case he wants to do that. If possible, have somebody with you who isn't directly involved in the situation.

    Try and have all your documents ready. You should be sure to say that you are eligible for rent allowance and that could be the fastest way to get things back on track.

    Just deal with everything as rationally as possible, and everything will be ok. You will pay this lady what she is owed. You will find another place if you need to. But don't be rushed.

    Hope it works out for you, best of luck.


  • Registered Users Posts: 94 ✭✭Ciara22


    Hi,

    Just to let you know, it would be illegal for your landlord to change the locks, regardless of whether you are in breach of your lease or not. She must first give you standard written notice that your rent is late. Then she must issue you a 14 day notice by which you must pay the rent. When this 14 days has expired without rent payment, then she can issue a 28 day notice to terminate the lease.

    The PRTB will confirm that she has no right to change the locks even after all of this time has passed.

    I agree that you should be paying your rent though. If you cant afford it and the landlord wants you out, I dont know why you are still there?


  • Closed Accounts Posts: 48 lametisse


    Hello to all the inspection went well and things are looking up again thank God! I wish to thanked everyone of you for your help and support. Cheers


  • Registered Users Posts: 2,021 ✭✭✭shoegirl


    lametisse wrote: »
    We just want to get out of the house now she is harassing me and my husband on the phone and emails its too much, I have always explain to her why the rent was due to my and my husband lost of jobs, its not as if we decided one day to stop paying the rent, not once did she told us its ok u are 2 days late.. i even ask her to reduce the rent for a couple of months then put it back up when we are back up on our feet we would pay her the difference she said no, to accept the rent allowance she said no again to it...what should I do?

    Apart from moving out she has the right to threatened me with liquidating my assets and I should stay quiet and let us do it ...I think thats quiet unfair of you to tell me that..

    If you haven't paid the rent, then you are not keeping to the terms of your lease, and so you have to right to stay there. Your landlady is not wrong to evict you, but she is a very stupid woman indeed to try suing for the remainder of the lease since clearly neither of you are going to be able to afford to cover that.

    You need to talk to Threshold, if you are behind in your rent, you loose the right to reside in the house, the landlady must evict you in a legal manner though.


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