Landlord coming to stay without permission

Builderfromhell

We have given our landlord the required notice to quit our house at the end of April.
My landlord lives in Wales. We are having disagreements about re-paying deposit and me paying last months rent.
My landlord has told me he will fly over and stay here to discuss deposit and last months rent.
I understand he cannot do this unless I give permission. But, if I come home one day and he is already here, what can I do. I have 3 kids, two teenage girls and am a lone parent. I don't want him here for obvious reasons.

odds_on

It is illegal for the landlord to enter the house without your express permission except in case of emergency (burst pipes, fire etc).

If you can contact him, advise him so and that if he does you will call the Gardai. Furthermore, that you will make a claim with the PRTB for disruption of of your quiet enjoyment of the house and illegal entry. Advise your daughters that if he does come, to phone the Gardai immediately. It is probably best to go to the local station and have a chat with them about the situation and get their contact number.

I am assuming that you have a fixed lease(?) (in which case it is not legally required that you give notice when leaving though it is polite to do so) or a Part 4 lease for the house. In this case he has absolutely no right to not alone enter the house but stay in it. It might be his property but it is your home.

As regards paying the last month's rent, I would advise you to pay it because if you have to make a claim with the PRTB, for whatever reason, the PRTB take a very poor view of tenants who retain the last month's rent.

Was there an entry inventory (signed by you, possibly as a schedule of the lease) recording the number and/or condition of each and every item of furniture, appliances, floor coverings, walls, ceilings, paintwork/papering in each room etc? If not, and unless the landlord has proof of the condition of everything (receipts/invoices for new items and painting decorating) then he is unable to prove any "damage" beyond normal wear and tear and cannot therefore retain any of your deposit.

Many landlords are very slack and do not go to the time and trouble of making a proper detailed entry inventory (with which an exit inventory can be compared) and thus they lose any claim for withholding all or part of the tenant's deposit, with the PRTB, as they do not have good and proper paperwork.

As the landlord lives in Wales, I hope you have been keeping 20% of the rent to pay the Revenue, as his portion of income tax on the rent.

Builderfromhell

Thanks for the informative reply.
It is a one year lease but I gave him one months notice as I understood it was a requirement.
I checked on the PRTB site and he is not registered with them. I was not aware, until recently, that I should have witheld tax from rent.

I would prefer to pay rent up to last day and then get deposit back minus breakages, if any. But, I do not trust him partly due to the fact that people he owed money to have called here looking for him. As he lives in Wales it would be very difficult for me to legally force him to re-pay the deposit. The simplest solution seemed to be to withold the last months rent.

Not sure if the Gardai will be in coming over if he enters house. They may deem it as a civil dispute.

mdebets

Builderfromhell wrote: »

Thanks for the informative reply.
It is a one year lease but I gave him one months notice as I understood it was a requirement.
I checked on the PRTB site and he is not registered with them. I was not aware, until recently, that I should have witheld tax from rent.

I would talk to Treshold or a solicitor about this asap. You are liable for the withold tax (a little bit less than 2.5 month's rent). So you might need to withhold the remaining rent anyhow, to be not out of pocket when Revenue is coming looking for it. But I would discuss this with a solicitor first.

Builderfromhell wrote: »

Not sure if the Gardai will be in coming over if he enters house. They may deem it as a civil dispute.

It's not a civil dispute. It's trespass and they will come and remove, arrest, charge the landlord if he enters the house against your will. But it might be best to talk to the Gards beforehand and explain the situation to them. This makes it easier, as you can explain it without the stress caused by the trespass.

Builderfromhell

Thanks for that.
Will drop into local Garda station tomorrow.

Can't really deduct tax now. I'm sure ignorance won't be a good defence if revenue come calling.

helen1

If there ever was an issue with the revenue could you just say that you didn't know. How can they prove that you knew he was living abroad, if you pay your rent directly into the bank account they could be living anywhere.

djimi

helen1 wrote: »

If there ever was an issue with the revenue could you just say that you didn't know. How can they prove that you knew he was living abroad, if you pay your rent directly into the bank account they could be living anywhere.

If there is a signed lease then there is a very good chance that the landlords address is on it.

OP, given that the landlord lives abroad does he have an agent who looks after the accomodation for him (you must have someone who you can call)? My landlord lives in the US as far as I know but we deal soley with a letting agent, who take care of the tax side of the rent (we pay the rent to them rather than to the landlord).

Builderfromhell

djimi wrote: »

If there is a signed lease then there is a very good chance that the landlords address is on it.

OP, given that the landlord lives abroad does he have an agent who looks after the accomodation for him (you must have someone who you can call)? My landlord lives in the US as far as I know but we deal soley with a letting agent, who take care of the tax side of the rent (we pay the rent to them rather than to the landlord).

I found the property through a letting agent on Daft.ie but the landlord wasn't happy with the letting agent and did not deal with him after we agreed to take the place.
I signed the lease directly with the landlord. I have been dealing directly with the landlord on any issues that may arise. He has been very slow to fix anything. This is the main reason we are leaving.

bbam

Mother of god he sounds like a real piece of work....

You need to let him know ASAP that you do not want him staying in the house under no circumstances, he may own the property but for the duration of the agreement this is your HOME and you have the right to privacy in your own home..

Are you sure he meant he was going to stay in the property ?? It's unbelievable if he thinks that would be OK..

djimi

I want to say that I cant believe that any landlord would be brazen enough to expect that they can turn up on the doorstep of their tenant and expect to stay with them, but sadly nothing would surprise me...

Phoenix Park

Sweet Jesus. I cannot believe he would have the cheek to even suggest such a thing. Absolute madness.

bbam

Simples...
Didn't they change the law recently...

He turns up and makes himself at home.... Later that night OP returns home, OP sticks a breadknife in him several times as OP "feared for their life".. No more problems

Victor

There is no suggestion that the OP "feared for their life"

Advocating violence is not acceptable.

Keep it constructive please.

Agent Smith

When he said "stay here" are you sure he ment in the property itself?

Builderfromhell

He said he is coming over to sort things out and he would stay until rent is paid. He has no where else to stay as I live in a remote area.
I expect he is only trying to bully me as flying from Wales to Shannon is awkward and costs a bit more at short notice. He then needs to hire a car or get a cab about 50 miles.
The deposit is 600 euro but the rent is 500, so he has 100 to cover any alleged damages anyway.
I am surprised he is making such a big deal about it.
He would be better off focusing on getting a new tenant.

zef

Hi, I don't see how he could expect to waltz in and stay with a family with a female head of house & 2 teen daughters. If thats what he meant he is cracked in the head.
I agree with other poster- get in contact with Threshold, give them a call , i did hear 'something' about landlords with no where to stay recently , but i can't recall the details.

Ye I suspect he is trying to bully you too, what a big man he is.
Maybe Threshold can give you info on the 20% tax thing i am sure, I have never heard to that before tbh.
Hope it dosen't turn into a situation where you have to get Gardai etc. Who needs hassle like this! Best of luck OP.

djimi

Builderfromhell wrote: »

He said he is coming over to sort things out and he would stay until rent is paid. He has no where else to stay as I live in a remote area.
I expect he is only trying to bully me as flying from Wales to Shannon is awkward and costs a bit more at short notice. He then needs to hire a car or get a cab about 50 miles.
The deposit is 600 euro but the rent is 500, so he has 100 to cover any alleged damages anyway.
I am surprised he is making such a big deal about it.
He would be better off focusing on getting a new tenant.

While I understand your apprehension about getting your deposit back, its worth bearing in mind that at this moment in time the landlord hasnt actually done anything wrong (ie he hasnt yet refused to return your deposit), so you signalling your intentions of not paying your last months rent is putting you in the wrong and he has a right to be concerned about it (he may hang on to your last months deposit, but how does he know that you havent caused €600 worth of damage to his house that will eat up your deposit and leave him out of pocket for the last months rent).

I am not saying that he is right to expect to stay with you, but while you suspect that he might shaft you, right now you are shafting him, and I can see why he wants to get it sorted.

Like I said I can understand your reasons for not wanting to pay the last months rent, and truth be told if it came to it Id probably consider the same myself, but you have to understand that it puts you in the wrong and weakens your position should a dispute arise (unlikely perhaps for the sake of €500 but you never know).

Blikes

djimi wrote: »

Like I said I can understand your reasons for not wanting to pay the last months rent, and truth be told if it came to it Id probably consider the same myself, but you have to understand that it puts you in the wrong and weakens your position should a dispute arise (unlikely perhaps for the sake of €500 but you never know).

For the sake of €500?! are you serious?

Builderfromhell

In my last tenancy I paid rent up until I left and got my full deposit back after spending a couple of days cleaning the place. In this case, I suspect my landlord may not pay me back the deposit and as he is in the UK, there is little I can do about it.
Landlord had threatened to call Social welfare and get my rent allowance stopped. This he has succeeded in doing. Rang CWO today to inform them that I was moving and was told rent had been stopped but after hearing my story she has re-instated it.

The bizarre thing is if I could not get rent allowance in-definetly then I would have no where to live and might have to stay in this house in-definetly. Who wins then.

Also, got text hinting at threats to myself should I not pay the last months rent. If I pay the rernt he would have to give me the same money + 100 euro as my deposit.

I now have to decide will I;
- inform Revenue in UK of his rental income from here.
- inform planning of the fact that house does not comply with planning as it has a seriously polluting septic tank.
- inform PRTB that he is not registered with them.
- inform Local Authority of unsafe condition of parts of house.

I take no pleasure in getting nasty but am being harrassed with constant phone calls and text messages.

Builderfromhell

Builderfromhell wrote: »

..............

I now have to decide will I;
- inform Revenue in UK of his rental income from here.................

So they'll request 20% of it from you...

Zamboni

I would advise you to remove yourself from this situation as quickly and as cleanly as possible with the assistance of your CWO.
If you receive anything in the form of threatening texts you should be notifying the Gardai at the time of receipt.

the_syco

After you move out, do all of the following:

Builderfromhell wrote: »

- inform Revenue in UK of his rental income from here.
- inform planning of the fact that house does not comply with planning as it has a seriously polluting septic tank.
- inform PRTB that he is not registered with them.
- inform Local Authority of unsafe condition of parts of house.

If for no other reason but to ensure that the next tenant has a good home. It'll be your "good deed" for the day

daltonmd

Builderfromhell wrote: »

In my last tenancy I paid rent up until I left and got my full deposit back after spending a couple of days cleaning the place. In this case, I suspect my landlord may not pay me back the deposit and as he is in the UK, there is little I can do about it.
Landlord had threatened to call Social welfare and get my rent allowance stopped. This he has succeeded in doing. Rang CWO today to inform them that I was moving and was told rent had been stopped but after hearing my story she has re-instated it.

The bizarre thing is if I could not get rent allowance in-definetly then I would have no where to live and might have to stay in this house in-definetly. Who wins then.

Also, got text hinting at threats to myself should I not pay the last months rent. If I pay the rernt he would have to give me the same money + 100 euro as my deposit.

I now have to decide will I;
- inform Revenue in UK of his rental income from here.
- inform planning of the fact that house does not comply with planning as it has a seriously polluting septic tank.
- inform PRTB that he is not registered with them.
- inform Local Authority of unsafe condition of parts of house.

I take no pleasure in getting nasty but am being harrassed with constant phone calls and text messages.

I would pack up and leave, notifying the Gardai and the CWO immediately. I would forget about doing any of the above and concentrate fully on your safety and the safety of your children.
The CWO are already aware of this situation, move into a hotel, stay with friends, family.

This man sounds like a very nasty piece of work - this is clear by the way he got your RA cut off.

The worrying thing really is that he struck at the source of income he appears desperate to protect?

Builderfromhell

All advice much appreciated.
I am trying to focus on tidying up the place etc. but find myself dealing with this.

Got another text stating ' he will turn up anytime'. This is enough for me to report to Gardai in advance of anything untoward happening.

I have decided to inform PRTB that he is not registered. didn't realise fines are so big and 500 euro for everyday after fine is not paid.

All this hassle for nothing really. Deposit is more than rent.
It's not as if I have thrashed the place. I actually spent a lot of time and money on garden

the_syco

Builderfromhell wrote: »

All this hassle for nothing really. Deposit is more than rent.
It's not as if I have thrashed the place. I actually spent a lot of time and money on garden

Take photos of the place in case it "becomes thrashed" when he turns up...

Builderfromhell

the_syco wrote: »

Take photos of the place in case it "becomes thrashed" when he turns up...

Good idea

tara73

Builderfromhell wrote: »

All advice much appreciated.
I am trying to focus on tidying up the place etc. but find myself dealing with this.

Got another text stating ' he will turn up anytime'. This is enough for me to report to Gardai in advance of anything untoward happening.

I have decided to inform PRTB that he is not registered. didn't realise fines are so big and 500 euro for everyday after fine is not paid.

All this hassle for nothing really. Deposit is more than rent.
It's not as if I have thrashed the place. I actually spent a lot of time and money on garden

I would text him back immediately you are in contact with the gardai about this and that they'll interact if he's entering your rented property.
at this stage you have to react, to show him you won't be intimidated by this sh!te.
I wonder if he'll send more texts. if yes, he's a real psycho.

daltonmd

Builderfromhell wrote: »

Good idea

You know I'd also write a letter of complaint(to Joan Burton actually) re:


"Landlord had threatened to call Social welfare and get my rent allowance stopped. This he has succeeded in doing. Rang CWO today to inform them that I was moving and was told rent had been stopped but after hearing my story she has re-instated it."

There is something fundamentally wrong about this - A CWO can't accept a phone-call from a landlord saying that you are renting and paying X, there is proper procedure not being followed here - and by the same token they should not be allowed to take a phone-call from a landlord saying you're not renting there anymore.

Also, you should have been informed of the allegation.

Builderfromhell

Builderfromhell wrote: »

..............We are having disagreements about re-paying deposit and me paying last months rent...............

You should pay the last months rent, end of story. all of your problems are stemming from this I expect. Folks are making out the landlord to be some sort of nutter, the chap just wants his rent which he is entitled to.

You are also entitled to your deposit, withholding the rent in lieu of the deposit is simply not on.

djimi

RoverJames wrote: »

You should pay the last months rent, end of story. all of your problems are stemming from this I expect. Folks are making out the landlord to be some sort of nutter, the chap just wants his rent which he is entitled to.

You are also entitled to your deposit, withholding the rent in lieu of the deposit is simply not on.

I agree with this, and said as much above, but to be honest from reading what has been posted since it sounds that there is more to this story than meets the eye, and this guy is potentially creating a dangerous situation for the OP which there is no excuse for, regardless of the circumstances.

Marcusm

RoverJames wrote: »

So they'll request 20% of it from you...

The UK Revenue won't but the Irish Revenue might.....

OP: Is there any chance that you are misunderstanding him and that he's merely coming over to check out the place before you leave; I would if a tenant suggested using the deposit as the last month's rent. He's likely spending the guts of that EUR500 travelling over by the sounds of what you said earlier about location etc. If you feel threatened, by all means contact the Gardai and let them know that they may receive an urgent call from you if he turns up.