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Landlord next door won't co-operate

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  • 09-01-2012 7:33pm
    #1
    lindascribbler
    Registered Users Posts: 112 ✭✭


    I own a house which has been vacated in the last few months after a long, trouble-free tenancy. The house next door is also a tenanted property but is very poorly maintained, filthy walls, windows and doors, graffiti on garden wall, overgrown grass etc.
    The worst thing is that the boundary wall of his garden is being used as a shortcut for the adjacent estate and children and adults are jumping into next doors garden and climbing his front garden wall in the process. Also back wall of his garden is broken, so trespassing kids are stepping in, messing around in tenants garden and climbing over wall into MY garden and vandalising shed -had to go to Gardai with this.
    I've managed to get a phonecall from him, after long efforts with the letting agents(who don't appear to give a damn) and he promised to sort it out - but not a thing has happened & that's two months ago & and he isn't answering his phone. My only way of contacting him is through the letting agent e-mail -they won't release his address.
    His property is NOT registered with PRTB & they are going to investigate the matter.
    In the meantime, potential tenants have looked at my house but no luck -one couple actually pointed at the mess next door and shook their heads.
    Apart from going to my solicitor, which I don't really want to do, what can I do to get this man to do, what is mostly a small job, just build up his garden wall to make it less easy to jump over & clean up the outside of his house - all of which he has acknowledged are in his own interests but he just won't do.
    Any suggestions greatly appreciated.


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    that post is hilarious you cannot legally make somebody clean their back garden . nor can you make him build up his wall.

    best you can do is offer to do it yourself if its that big a deal then maybe you should


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    #3
    lindascribbler
    Registered Users Posts: 112 ✭✭lindascribbler


    Hi D3PO
    It may well sound hilarious, but trust me neither me or any of the other frustrated neighbours in the houses on the road are laughing. I happen to be the immediate neighbour who is trying to get this man to do something about a house that is dragging the whole place down.
    As per PRTB, the landlord, believe it or not, does have a responsibility to maintain his property and not adversely affect his neighbours, which he is doing by allowing the adjacent estate to have a right of way through his garden & walk through other gardens on their way. But he is not registered with them.
    Given the reluctance this man is showing in doing anything, you may well be right, D3PO -and as such I can't do anything. If I thought I wasn't trespassing, I would go into his garden and do the job myself -it would cost less than sending him a solicitors letter.
    Thanks for your reply, anyway.


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    #4
    Bishop_Donal
    Closed Accounts Posts: 615 ✭✭✭Bishop_Donal


    You can't choose your neighbours.

    If he is breaking the law sue him and stop whinging. Otherwise, stop whinging.


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    #5
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    Maybe your estate should open up a gap in the wall somewhere so people can come and go, like for shortcuts to the shops.

    This would help people and also they won't jump the wall when there is a gap nearby

    I know some residents almost do their best to get estates sealed off and don't want people passing through but then not everyone drives and these shortcuts can be great.
    Car owners don't see that though. It's a debate for another thread


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    #6
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    lindascribbler wrote: »
    As per PRTB, the landlord, believe it or not, does have a responsibility to maintain his property and not adversely affect his neighbours, which he is doing by allowing the adjacent estate to have a right of way through his garden & walk through other gardens on their way. But he is not registered with them.
    .


    firstly you dont know hes not PRTB registered their website is never up to date.

    secondly regardless if its true or not that he is allowing the adjacent estate have right of way thorugh his garden you cannot for a fact say that. all he has to say is that he has no awareness of this and as he doesnt live there has no way of preventing it. you cannot legally make him build up his wall besides which building it up could very well be subject to planning permission anyway.

    like I said if you want it built up get in contact and offer to pay for building it up yourself. he doesnt have to spend money just to keep you happy .

    p.s I never said the situaiton was hilarious I said the notion of you thinking you can get a solicitor to make him cut his grass and build up his wall is hilarious


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    #7
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    D3PO wrote: »
    that post is hilarious you cannot legally make somebody clean their back garden . nor can you make him build up his wall.

    best you can do is offer to do it yourself if its that big a deal then maybe you should

    This post is a load of old tripe.

    OP, take photos of the property and send them to the Council. Your neighbour can be forced by law to clean the garden, and to build his wall to the height required in the original planning permission application.

    Don't believe some of the people on this thread who haven't got a friggin clue.

    And D3PO - try to get your facts right before posting such nonsense.


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    #8
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    Also, OP, report him to the Revenue. It is extremely unlikely that a LL so irresponsible in all other areas is paying taxes due on the rent.

    You can do this anonymously.


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    #9
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Pkiernan wrote: »
    This post is a load of old tripe.

    OP, take photos of the property and send them to the Council. Your neighbour can be forced by law to clean the garden, and to build his wall to the height required in the original planning permission application.

    Don't believe some of the people on this thread who haven't got a friggin clue.

    And D3PO - try to get your facts right before posting such nonsense.
    What you fail to realise that making him do it once isn't going to make any difference long term. He does not have to keep the wall at the original height. The council will generally not intervene unless there is a really really serious issue and they will not even get that involved. Of people not having a friggin clue I don't think it is the other people.

    I know there has one neighbour complaining about another for over 6 years with contact with the council.

    OP best course of action is to keep trying to contact the owner and sorting it out with them.

    Remember co-operation means he agrees if he doesn't then you are going the route of conflict.


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    #10
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Pkiernan wrote: »
    This post is a load of old tripe.

    OP, take photos of the property and send them to the Council. Your neighbour can be forced by law to clean the garden, and to build his wall to the height required in the original planning permission application.

    Don't believe some of the people on this thread who haven't got a friggin clue.

    And D3PO - try to get your facts right before posting such nonsense.

    Im sorry but your a joke. You havent a clue yet go on the offensive. There is no legal obligation to keep a boundary wall the same height. Seriously your waffling completly and havent a clue.

    as for the garden. Yes its true that a landlord has a legal obligation to maintain the garden HOWEVER the legistlation does not provide guidelines on what is considered a maintained garden meaning that a judge would ahve to make a determination on that which they are not going to do. If you knew a little something about the law you would realise this.

    Now if you can point me to a judgement that proves otherise go right ahead smarty pants but I gaurantee you wont.

    P.S Nice to see our resident Victor Meldrew thanked your agressive resposte.


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    #11
    ongarboy
    Registered Users Posts: 5,201 ✭✭✭ongarboy


    Is there a residents association that you can attend to see how to further progress this so perhaps group pressure can be applied (ie dragging down the appearance of the estate affects all residents etc)? My parent's had a slightly different issue when a new housing estate was built at the back of their estate. Residents of that newer estate used theirs for short cuts (jumping over back garden walls etc) to access their estate via an informal ditch divide between the two estates. The residents association of my parents estate contributed to a fund to install a 7 foot fence around the informal access to block it off so the trespassing issue was resolved.

    I acknowledge this doesn't resolve the issue of your neighbour's obligation to keep their property maintained. It's a wonder the in situ tenants of his property tolerate such a situation (maybe they contribute to it). Not sure there is any legal avenue you can go through. Sorry.


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    #12
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    ongarboy wrote: »
    Is there a residents association that you can attend to see how to further progress this so perhaps group pressure can be applied (ie dragging down the appearance of the estate affects all residents etc)? My parent's had a slightly different issue when a new housing estate was built at the back of their estate. Residents of that newer estate used theirs for short cuts (jumping over back garden walls etc) to access their estate via an informal ditch divide between the two estates. The residents association of my parents estate contributed to a fund to install a 7 foot fence around the informal access to block it off so the trespassing issue was resolved.

    I acknowledge this doesn't resolve the issue of your neighbour's obligation to keep their property maintained. It's a wonder the in situ tenants of his property tolerate such a situation (maybe they contribute to it). Not sure there is any legal avenue you can go through. Sorry.

    Firstly a residents association has no power at all and given the landlord doesnt live their why do you think this would make any difference to his attitude on the situation.

    secondly a 7 foot high fence would be subject to planning permission due to its height so if somebody wanted to they could have complained and had it taken down.

    Are you advocating that the OP breach planning law ?


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    #13
    ongarboy
    Registered Users Posts: 5,201 ✭✭✭ongarboy


    D3PO wrote: »
    Firstly a residents association has no power at all and given the landlord doesnt live their why do you think this would make any difference to his attitude on the situation.

    secondly a 7 foot high fence would be subject to planning permission due to its height so if somebody wanted to they could have complained and had it taken down.

    Are you advocating that the OP breach planning law ?

    I am advocating no such thing. A planning process application would go without saying (as was done in my parent's case).

    Residents assocations have no power, true, but any means of additional pressure may help.


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    #14
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    ongarboy wrote: »
    Residents assocations have no power, true, but any means of additional pressure may help.

    True but if somebody doesnt want to hear from one person they arent going to take any notice of a residents association either with respect.

    it would be like thinking that we could get Seanie Fitz to pay back the 1 million quid bonus by getting a big petition together. pressure in numbers ...

    fact is if somebody doesnt want to do something then they wont I really see no benefit of a "group of residents" as opposed to one trying to give the landlord a kickup the backside.

    i suppose the OP can try but Im jsut saying the chances of it having any benefit are very slim.


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    #15
    0ph0rce0
    Registered Users Posts: 3,949 ✭✭✭0ph0rce0


    I live in an area like this, where people have nothing better to do than moan about someone else, they got the council to our door because our grass was about 5 inches long, They Knocked, I said F**K OFF and then that was the end of that.

    Go cut the grass yourself....Neighbours do it all the time, I.. But if they come on my grass the shotgun comes out :D


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    #16
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    D3PO wrote: »
    Im sorry but your a joke. You havent a clue yet go on the offensive. There is no legal obligation to keep a boundary wall the same height. Seriously your waffling completly and havent a clue.

    as for the garden. Yes its true that a landlord has a legal obligation to maintain the garden HOWEVER the legistlation does not provide guidelines on what is considered a maintained garden meaning that a judge would ahve to make a determination on that which they are not going to do. If you knew a little something about the law you would realise this.

    Now if you can point me to a judgement that proves otherise go right ahead smarty pants but I gaurantee you wont.

    P.S Nice to see our resident Victor Meldrew thanked your agressive resposte.

    Not sure why you felt the need to personally insult me.

    As to my post, it is factually correct, and yours would imply that you did not read the original post fully.

    A homeowner has a legal obligation to maintain his/her property.


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    #17
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Guys- if you want to continue posting in this forum- read the forum charter and abide by the rules.

    In particular I would emphasise- if you disagree with what someone posts- refute the post, without attacking the poster.

    Less of the insults, innuendo, misquoting of other posters etc etc etc.

    Regards,

    SMcCarrick


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    #18
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Pkiernan wrote: »

    A homeowner has a legal obligation to maintain his/her property.

    While they may have a legal requirement it is pretty much not enforced and pretty difficult to enforce. It a bit like saying nobody can speed on the roads when most people do and little is really done about.


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    #19
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Pkiernan wrote: »
    A homeowner has a legal obligation to maintain his/her property.

    No they dont. They have an obligation to ensure it is not unsafe.

    Besides which what does "maintain" mean. Trying to insinuate to the OP that its legally enforceable to go to court to make the cut the grass is pie in the sky.

    again I challenge you to show me any judegement to the contrary.

    The fact is you cant because no such judgement exists. I mean the court couldnt even get the develloper of Priory Hall to sort it in a real safety situation and you think they can get somebody to cut their grass or paint the outside of their house ?

    Before you say he was jailed your incorrect the contempt has not lead to any prison time as of yet.

    Your in a dreamworld and your being disingenous to the extreme to insinuate that the OP could succesfully go down the legal route.

    As for personally insulting you . Erm who told who that they didnt "have a firggin clue"

    people in glasshouses shouldnt throw stones.


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    #20
    CricketDude
    Closed Accounts Posts: 247 ✭✭CricketDude


    Pkiernan wrote: »
    Not sure why you felt the need to personally insult me.

    As to my post, it is factually correct, and yours would imply that you did not read the original post fully.

    A homeowner has a legal obligation to maintain his/her property.

    Really, its not. :rolleyes:


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    #21
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Warning....... don't go there........


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    #22
    fro9etb8j5qsl2
    Closed Accounts Posts: 2,391 ✭✭✭fro9etb8j5qsl2


    Pkiernan wrote: »
    Also, OP, report him to the Revenue. It is extremely unlikely that a LL so irresponsible in all other areas is paying taxes due on the rent.

    You can do this anonymously.

    The property is vacant therefore he is not getting any rent that he would have to pay tax on.

    Also, reporting him to the revenue will not build his wall/cut his grass/tidy up his property.


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    #23
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    I'm going to tell you the best way to get this sorted.
    lindascribbler wrote: »
    The house next door is also a tenanted property but is very poorly maintained, filthy walls, windows and doors, graffiti on garden wall, overgrown grass etc.
    Does anyone live there?
    lindascribbler wrote: »
    The worst thing is that the boundary wall of his garden is being used as a shortcut for the adjacent estate and children and adults are jumping into next doors garden and climbing his front garden wall in the process.
    lindascribbler wrote: »
    Also back wall of his garden is broken, so trespassing kids are stepping in, messing around in tenants garden and climbing over wall into MY garden and vandalising shed -had to go to Gardai with this.
    Offer to fix his wall on the condition that he allows you to increase the height of the wall. You may ask why should you pay? It's simple: you're the one that benefits from it, as your neighbour clearly doesn't care.
    lindascribbler wrote: »
    In the meantime, potential tenants have looked at my house but no luck -one couple actually pointed at the mess next door and shook their heads.
    Get the wall fixed, do a small tidy up of the garden, and then mow your lawn and the neighbours lawn, and I dare say you'll get tenants in. Heck, I'd say the existing problems attributed to your tenants leaving.


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    #24
    lindascribbler
    Registered Users Posts: 112 ✭✭lindascribbler


    The house is occupied, tenant is being tormented (food being thrown at door & windows, brats messing in the garden etc) by passing traffic across the wall & is not getting reply or response from letting agent/landlord.

    The PRTB have confirmed in writing that house is not registered with them and have said they are "investigating" the LL.

    the syco:
    Thanks for your reply.
    I would gladly do the wall as it would solve the problem. However, during my conversation with LL, I offered to get someone I knew to do it but he said he was getting his own workman whom he trusted pricewise etc & then did zilch. The next time he answers his phone I will offer to PAY & do the wall myself.


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    #25
    toexpress
    Closed Accounts Posts: 853 ✭✭✭toexpress


    Did you say that you got a tenant and that they are now being tormented? Or did you mean that the adjacent property is currently occupied?


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    #26
    CricketDude
    Closed Accounts Posts: 247 ✭✭CricketDude


    lindascribbler wrote: »
    The house is occupied, tenant is being tormented (food being thrown at door & windows, brats messing in the garden etc) by passing traffic across the wall & is not getting reply or response from letting agent/landlord.

    The PRTB have confirmed in writing that house is not registered with them and have said they are "investigating" the LL.

    the syco:
    Thanks for your reply.
    I would gladly do the wall as it would solve the problem. However, during my conversation with LL, I offered to get someone I knew to do it but he said he was getting his own workman whom he trusted pricewise etc & then did zilch. The next time he answers his phone I will offer to PAY & do the wall myself.

    I think there might be some data protection issues there.


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    #27
    lindascribbler
    Registered Users Posts: 112 ✭✭lindascribbler


    toexpress wrote: »
    Did you say that you got a tenant and that they are now being tormented? Or did you mean that the adjacent property is currently occupied?

    Adjacent property is occupied. I have been unable to get tenants for mine.


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    #28
    toexpress
    Closed Accounts Posts: 853 ✭✭✭toexpress


    lindascribbler wrote: »
    Adjacent property is occupied. I have been unable to get tenants for mine.

    Right well then this is pretty simple. The tenant of the adjoining property has obligations under their tenancy agreement to maintain the property to a standard. It is the obligation of the Landlord to enforce this.

    That being the case if the Landlord wont work with you then you can go to the PRTB (I didn't know that until someone told me here over the weekend so check out the thread I have about problem neighbours the details are there)

    Have you tried having a word with the occupant and do you know why they are being tortured?


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    #29
    vibe666
    Registered Users Posts: 13,016 ✭✭✭✭vibe666


    CricketDude wrote: »
    I think there might be some data protection issues there.
    why would that be?

    Confirming that someone isn't registered with them is not revealing any confidential information since they are not a customer.


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    #30
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    lindascribbler wrote: »
    Adjacent property is occupied. I have been unable to get tenants for mine.

    It's logical to assume that the guy in the adjacent property would rather stay in yours than his if he's being tomented etc...

    depending on contracts I suppose you could try poaching the landlords tennant !


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    #31
    toexpress
    Closed Accounts Posts: 853 ✭✭✭toexpress


    vibe666 wrote: »
    why would that be?

    Confirming that someone isn't registered with them is not revealing any confidential information since they are not a customer.

    Besides the PRTB are meant to publish a register. Of course this never happens and is way out of date but the information is therefore in the public domain


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