Landlord coming to stay without permission

Gingermagic

I would tell him that as he is coming over and staying that you would be more than pleased to let the people he owes money to know of his untimely arrival, as you are sure a stand up gent like himself would of course wish to honour any and all debts......:)

Builderfromhell

Gingermagic wrote: »

I would tell him that as he is coming over and staying that you would be more than pleased to let the people he owes money to know of his untimely arrival, as you are sure a stand up gent like himself would of course wish to honour any and all debts......:)

Good idea. I'll contact them and let them know when he arrives. They live locally.

CricketDude

Gingermagic wrote: »

I would tell him that as he is coming over and staying that you would be more than pleased to let the people he owes money to know of his untimely arrival, as you are sure a stand up gent like himself would of course wish to honour any and all debts......:)

Why not tell him you'll do B&B for him for €500 a night. Plus a €500 deposit

Jesus Shaves

Builderfromhell wrote: »

Good idea. I'll contact them and let them know when he arrives. They live locally.

Did you contact the gardai about the threatening texts?

odds_on

quietsailor wrote: »

Rule 1 of renting for LLs - take tenants to PRTB who don't pay the last months rent and don't give them back any deposit. Make next tenant pay 2 months rent as deposit.

See how easily it gets sh***y. I posted a reply to a similar person a few months back with links as well. I'll try to find it. Basically it said - On the continent the LLs demand anything from 3-6 months rent IN ADVANCE.

So if you keep the stupidity that you posted as your "rule" that's the direction you'll drive the Irish rental market in.

I think 1.5 to 2 months rent as deposit is the norm in the UK.

Lemming

odds_on wrote: »

I think 1.5 to 2 months rent as deposit is the norm in the UK.

One month + £100 seems to be a general rule of thumb as deposit, plus your month's rent obviously from my experiences to date. I can't speak for areas like Manchester or London though.

Victor

someuser905 wrote: »

rule 1 of renting: never pay the last months rent

Giving legally dubious advice is not acceptable

gurramok

Victor wrote: »

Giving legally dubious advice is not acceptable

And thats why we need a UK style system here where a 3rd party holds the deposit.

Marcusm

odds_on wrote: »

I think 1.5 to 2 months rent as deposit is the norm in the UK.

Have never seen that in my 16 years in the UK; occasionally a little more than a month but not much if ever.

Marcusm

gurramok wrote: »

And thats why we need a UK style system here where a 3rd party holds the deposit.

Can you let me know where this system operates in the UK? I think you're thinking about Australia.

Agent Smith

The Deposit for my Apt is more then a Months rent, for the sole reason not to use it for the last months rent

ABajaninCork

Marcusm wrote: »

Have never seen that in my 16 years in the UK; occasionally a little more than a month but not much if ever.

Six weeks to two months rent as deposit is the norm in London. Two months is usual if the place is furnished.

ABajaninCork

Marcusm wrote: »

Can you let me know where this system operates in the UK? I think you're thinking about Australia.

This system does operate in the UK. Since 2007, by law the deposit has to be held in a Govt-approved deposit system. There's three of them, the Deposit Protection Scheme being one. The Landlord faces a fine of at least 2.5 times the original deposit for non-compliance. The rules have changed again wef next month, in so much as the deposit has to be registered immediately and cannot be registered retrospectively as used to happen before.

Jesus Shaves

wonder what happened

Builderfromhell

Update.
Continued to get threats but ignored them.
Stayed extra month in lieu of deposit.
Kids stayed in friends house up until leaving day as I was concerned he might turn up.
Cleaned up house and went to new house.
Hopefully end of story.

New landlord very nice, gave us gift of food on first night in house and introduced us to neighbours.

Builderfromhell

UPDATE.

I'm only writing this as so many people have been reading thread some of you might be interested in on going story.

LL arrived back from UK. I have been settling into my new house for a week or so and new LL hasn't drafted a lease yet but seems happy to go ahead. He's the type who isn't in a hurry to get rent or deposit eventhough I'd like to formalise things. So all in all a good situation.

Old landlord arrives at door to new house at 9am and is standing there screaming at me for ages. Complaining about the state I left house in and insisting i give him 2,000 euro to pay for new carpets and to have house re-painted etc. He calls 3 times during the day bringing over some stuff I left behind in house, outside and in sheds. This includes an old bone that had been thrown into boggy rushes that surround house. he also brought a bucket with effluent from a blocked drain. I didn't realise any drains were blocked. Some of the stuff he brought over was his own. I didn't say much to him as his body language suggested he was close to getting violent and my daughter was in bed sick.

He went to my new LLs house and told them how terrible I was and to not let me stay. I told new LL that I had been cleaning house all w/end but while there on my own at 10pm still cleaning I got threatening text message and thought to myself ' what am I doing this for, he can finish hoovering and mopping himself'. I was concerned that he might turn up in this remote house while I was there alone and anything could happen. It seems in Ireland we get regular murders from people over less trivial matters. So I left it as clean as I could.

I also told LL that I had witheld deposit after meeting people he owed money to and because he was in UK and not a pleasant chap. I also found out that tenant is liable for tax if LL doesn't pay it. The LL never answered my repeated questions on whether or not he paid this tax. If not I would be liable for 1,200 euro. Another reason for me to stay in house witholding rent.

In hindsight, legally I should have just paid rent until end of tenancy cleaned place and asked for deposit back. all evidence suggests I would not have got deposit back and may have had revenue after me for 1,200 while he is in UK. Can't see PRTB being much help if he is in UK.

House is for sale at considerably reduced price.

Have said to new LL that I understand their concerns now and will look for new place to stay. Funnily enough their main concern is not that I might wreck their house or not pay rent but that old LL might call here again and cause a scene with neighbours as well as damage house or me.

New house suits all my needs but looking for other house for new LLs sake more than my own.

Jesus Shaves

How did he get your new address?

someuser905

ha
that's a terrible story of a crazy person harassing you
you need a man to defend you

Builderfromhell

darokane wrote: »

How did he get your new address?

That remains a mystery.

Jesus Shaves

Did you ever call the guards?, he is in effect trespassing when he's calling at your new house

The_Conductor

someuser905 wrote: »

ha
that's a terrible story of a crazy person harassing you
you need a man to defend you

This is the accommodation and property forum.
I will not tolerate any suggestions of vigilante activity, bizarre comments or totally inappropriate remarks. If you'd like to extol the virtues of having a man defend you- do it elsewhere- not here.

Regards,

SMcCarrick

tara73

sorry to hear he proved to be the real piece of sh*** he sounded like.

but why do you insist on moving again although your new landlord seems to trust you? you can't and I presume don't want to be on the run from this man all the time? who says he's not harrassing you in the new place again...?

I would try to stand up against this crap.

Builderfromhell

I will be getting legal advice next week. May take civil case against him if a case can be made.
Put update on story here as it seems to have generated much interest.

Builderfromhell

darokane wrote: »

Did you ever call the guards?, he is in effect trespassing when he's calling at your new house

Never called Gardai. Had intended calling Gardai when I had more threatening texts and emails. i will seek legal advice next week and see if a case can be made.

P. Breathnach

Builderfromhell wrote: »

Never called Gardai. Had intended calling Gardai when I had more threatening texts and emails. i will seek legal advice next week and see if a case can be made.

You seem to have some fears about your personal safety. Assuming that you are not wildly misinterpreting his texts and emails, the Gardaí would be interested in protecting you - you don't need legal advice for that.

Tell the Gardaí; show them the texts and the emails; let them decide what action (if any) they should take.

Motorist

I skimmed through the whole thread.

In my opinion, the OP is the one who was at fault by threatening to withhold the last months rent. That is what escalated the situation. This was not the correct route to go down and doing this on the basis of talking to another tenant who she did not know was foolish. Who knows what went on between the landlord and the previous tenant.

OP is the last person I would would want as a tenant. It also seems from post 77 that OP left the house in a terrible state - far more than usual wear and tear. I would love to hear the full version with all facts included from the landlord if OP has given this version in her biased telling of what went on.

The OP is also foolish to think that the alleged tax evasion of the landlord gets passed onto her.

Milk & Honey

Motorist wrote: »

The OP is also foolish to think that the alleged tax evasion of the landlord gets passed onto her.

You are very foolish to say that.

http://ombudsman.gov.ie/en/Publications/AnnualReports/AnnualReportoftheOmbudsman1998/Name,3399,en.htm


Revenue Commissioners
Non-Resident Landlords - Tax Deductions

Dealing fairly with people involves accepting that rules and regulations should not be applied so inflexibly or rigidly as to create inequity. The Revenue Commissioners recognised this in its final response in the case of a tenant who was unaware that she should have been withholding tax from rent paid to a non-resident landlord.

Since 1969 it has been a requirement of Irish tax law that a person paying rent to a non-resident landlord should deduct income tax at the standard rate from the gross rental income and pass on the deduction to the Revenue Commissioners. This form of withholding tax applies both in the case of residential and commercial property rental. My complainant, probably like the vast majority of people, was quite unaware of this provision. In early 1998 she became aware of her possible entitlement to income tax relief on rent paid and she applied to the Inspector of Taxes for this relief. The Inspector notified her that she was due a tax refund in respect of rent paid totalling �265 for the years 1996/7 and 1997/8. However, the Inspector also informed her that, as her landlord resided outside the state, she (the tenant) should have been withholding income tax from the rent being paid. Where such tax is not withheld, the tenant is liable for payment of the tax instead. Accordingly, the Inspector told my complainant that she owed an amount of �801 for the years 1996/7 and 1997/8 which, after deduction of the tax relief otherwise due to her, meant that she owed a net amount of �536.

The woman subsequently complained to my Office on the grounds that the Inspector’s decision was inequitable and also on the grounds that the Inspector had failed to explain fully the basis for the decision. On the former point, she felt it unreasonable that she should be penalised for her ignorance of a fine point of tax law; and on the latter point, she claimed the information leaflet on the matter - which she did not see until after the event - did not make clear that the tenant becomes liable where he or she fails to withhold tax from the rent payments. My complainant’s sense of grievance was added to by the fact that her sister, with whom she co-rented the house, and who applied at the same time and giving the same information, was given the full tax relief on rent paid. In responding to the complaint, the Revenue Commissioners decided to waive the outstanding amount of �536 on the grounds that my complainant clearly was not aware of the requirement to deduct tax from the rent payments and also because payment of the tax would be a financial burden on her. All of this was contingent on my complainant complying with the tax requirement in the future - in fact, she found alternative accommodation before the case was resolved.

Whereas I was pleased with the ultimate outcome in this case, it does raise the general issue of whether it is reasonable to expect ordinary residential tenants to act as tax collectors in the case of non-resident landlords. I appreciate that the provision may have validity in the case of lettings to commercial or business organisations. But is it reasonable to expect a residential tenant, who may be elderly or have little experience of tax affairs, to be either aware of, or have the capacity to manage, this type of requirement? Indeed, tenants may not even be aware that the landlord’s “usual place of abode is outside the State” (which is the technical term used in the law). These are questions which might be considered in any review of the current legislation.

aN.Droid

Motorist wrote: »

I skimmed through the whole thread.

In my opinion, the OP is the one who was at fault by threatening to withhold the last months rent. That is what escalated the situation. This was not the correct route to go down and doing this on the basis of talking to another tenant who she did not know was foolish. Who knows what went on between the landlord and the previous tenant.

OP is the last person I would would want as a tenant. It also seems from post 77 that OP left the house in a terrible state - far more than usual wear and tear. I would love to hear the full version with all facts included from the landlord if OP has given this version in her biased telling of what went on.

The OP is also foolish to think that the alleged tax evasion of the landlord gets passed onto her.

If the landlord is not in the country and doesn't have an agent looking after the tax then the tenant is liable for all tax owed.

Milk & Honey

Limericks wrote: »

If the landlord is not in the country and doesn't have an agent looking after the tax then the tenant is liable for all tax owed.

The tenant is only liable for paying over 20% of the rent. The tax owed could be a lot greater.

aN.Droid

Milk & Honey wrote: »

The tenant is only liable for paying over 20% of the rent. The tax owed could be a lot greater.

Ahh ok, thank's for clearing that up. Learn something new everyday