Landlord carry on

deemac_d2k

so i've been in a 1 year fixed lease for about 2-3months now, and today, i discovered that the landlord had been in the house, with someone else, taken the spare key out of my bedroom, gone through the wardroabs etc and then when i questioned why she was there, she tells me it was due to being told that the house had been vacant, even tho, its as clear as day that ive not vacated the premises. she said she needed a key to get in, even tho they tried the front door with keys that they have, then the male went in through the backdoor and somehow opened the front door from the inside, and that was her reason for taking the spare keys off my bed.

so 2nite, having seen the video recordings of the situation,and some of the thigns that where said, i had called Threshold, just to see if she was allowed to go in the hosue without my knowing, and they informed me that she must give atleast 24 hours notice for entering and would be based, if i would let her in. I had mentioned to her that I wasnt happy, that she knows im here on my own, she knows what shift i work, which is the same hours, mon to fri and had entered the house without my knowing. so then she asked what my problem was, and when i told her that I didnt like people going throw my wardroabs or the house for that matter and that she wasnt going to tell me about her taking the spare key as she had told me she had left everything the way it was, she said that if i wanted to go down the threshold route, she would evict me tomorrow. I then said i was simply not happy and threshold told me she wasnt aloud to go in the house and she said that it was her house, and she has the right to go through whatever is in her house, then she became aggresive and said "i'll phone you tomorrow" and hung up.

the main thing that gets me aswel as someone going through my stuff, while a stranger (apparently her partner) snoops around, what If i had been in the shower to come out to 2 people in a house which only I live in.

I'm supposed to be going on a long weekend in a few weeks, and now with the valueables i have in the house, i dont feel safe leaving it the way it is.

can anyone offer any other support or routes to help resolve this issue?

thanks in advanced

Agent J

She cannot evict you tomorrow. Ignore any such threats and dig your heels in.

Threshold are correct & any further behaviour like that should not be tolerated.

If she in any way gets threatening(abusive/physical) the involve the Gardai.

ProudDUB

1. Threshold are correct. She may own the house, but it is your home now. She may not enter the house without your permission. By agreeing to lease the house to you, she gave up the rights of access that an owner occupier has. If she enter again without your permission, she is trespassing. Inform her that if she does so again, you will report her to the Guards, as well as file a claim against her with the PRTB.

She may be a complete bitch who thinks that she can boss you around and do what she wants. Or she may just be a nervous Nelly who lies awake at night worrying about some stranger trashing her house. Let her know that if she has valid reasons to enter the house to do periodic inspections of it, you are ok with that as long as it is at a time that is mutually agreeable to you both. That may go some way to making her back off.

2. You are in a fixed term lease. It only ends when the 12 months are up. She can not evict you just because she feels like it or because you won't allow yourself to be bullied. She can only evict you if you do not pay your rent, or you break one of the terms of your lease.

If she decides to get heavy handed with you, let her know that you know your legal rights as set out by the Residential Tenancies Act of 2004. If she attempts to proceed with an illegal eviction, tell her that you will file a claim with the PRTB, and she could be looking a fines of over 10,000 euros.

djimi

ProudDUB wrote: »

Inform her that if she does so again, you will report her to the Guards

This would be my first course of action. Be prepared to follow through with it. She has no right to set foot in the place without concent and prior agreement.

deemac_d2k

just came back in from being down to the garda station, just for my own comfort and incase anything else comes of it. was really told the best thing i could do was to seak legal advice in the morning and that because this was her house, she hasnt broken the law by entering or taking my spare keys however she may have broken some civil law. his advise was also to either speak to her tomorrow and cut my losses with the house, or try and resolve the issue with her.

I think i'll give threshold another call for some advice before/if i seek legal advice. I had a look through the lease and it said the only way she can evict me was if i breached the lease, and my own understanding is that she could also evict me if she had anti-social behaviour complaints, which i know there isnt, as i keep myself to myself.

i'll also wait and see if she calls tomorrow

thanks for the replies and the help,

really appreciated

odds_on

You should put your complaint in writing to your landlord that she has breached the terms of the Residential Tenancies Act 2004 by entering the house without your permission. She has also breached the RTA 2004 by interrupting your peace enjoyment and security of the property. Also advise her that if she enters the property again without your permission that you will make a claim for damages against her with the PRTB.

Date your letter and keep a copy. Send it by registered post to the landlord at the address stated in your lease agreement.

By doing this you have a record of the breach, you have also given the landlord a chance not to breach the law again. If the worst comes to the worst and does enter again without your permission, you will stand well with any adjudicator in a claim.

If your rent is up to date and not in arrears she should have no reason to believe that you have vacated. Furthermore, if a landlord believes that a property has been vacated even if there is rent arrears, there is a legal procedure to follow which she has failed to do.

Eviction other than for serious anti-social behaviour cannot take less than 4 weeks during which time a tenant can make a claim with the PRTB. Eviction for rent arrears would take 6 weeks to complete.

quietsailor

deemac_d2k wrote: »

just came back in from being down to the garda station, just for my own comfort and incase anything else comes of it. was really told the best thing i could do was to seak legal advice in the morning and that because this was her house, she hasnt broken the law by entering or taking my spare keys however she may have broken some civil law. his advise was also to either speak to her tomorrow and cut my losses with the house, or try and resolve the issue with her.

I think i'll give threshold another call for some advice before/if i seek legal advice. I had a look through the lease and it said the only way she can evict me was if i breached the lease, and my own understanding is that she could also evict me if she had anti-social behaviour complaints, which i know there isnt, as i keep myself to myself.

i'll also wait and see if she calls tomorrow

thanks for the replies and the help,

really appreciated

That Garda was talking complete and utter drivel. Unless it is an emergency - we're talking fire, flood, burgular a Landlord CANNOT enter the house without your permission. This is enshrined in the Residential Tenancies Act 2004

From the PRTB FAQ section
What do I do if my landlord gives me a notice of termination of tenancy and I feel that it is not valid?

If you receive a notice of termination of tenancy and you consider that it is not valid, you have 28 days following the receipt of the notice within which to submit an application for dispute resolution to the PRTB.

Also from the PRTB DOwnloads page tenancy termination
Read the second link, the LL cannot just throw you out of your house, there are rules in place. They cannot throw you out without reason either. Start keeping track of all conversations in a diary, better still email and text all communication from now on so you have proof if this goes before the PRTB.

I think another poster named odds on knows how to get the PRTB disputes and their findings - in most cases the LL will be fined money for this sort of crap.

Good luck the next time you see the LL, hold your ground and tell them you have been talking to Threshold and you will start a dispute with the PRTB, report them to the local authority and even the revenue if they keep hassling you. try to have a friend present when you talk to them as a witness.

goat2

deemac_d2k wrote: »

so i've been in a 1 year fixed lease for about 2-3months now, and today, i discovered that the landlord had been in the house, with someone else, taken the spare key out of my bedroom, gone through the wardroabs etc and then when i questioned why she was there, she tells me it was due to being told that the house had been vacant, even tho, its as clear as day that ive not vacated the premises. she said she needed a key to get in, even tho they tried the front door with keys that they have, then the male went in through the backdoor and somehow opened the front door from the inside, and that was her reason for taking the spare keys off my bed.

so 2nite, having seen the video recordings of the situation,and some of the thigns that where said, i had called Threshold, just to see if she was allowed to go in the hosue without my knowing, and they informed me that she must give atleast 24 hours notice for entering and would be based, if i would let her in. I had mentioned to her that I wasnt happy, that she knows im here on my own, she knows what shift i work, which is the same hours, mon to fri and had entered the house without my knowing. so then she asked what my problem was, and when i told her that I didnt like people going throw my wardroabs or the house for that matter and that she wasnt going to tell me about her taking the spare key as she had told me she had left everything the way it was, she said that if i wanted to go down the threshold route, she would evict me tomorrow. I then said i was simply not happy and threshold told me she wasnt aloud to go in the house and she said that it was her house, and she has the right to go through whatever is in her house, then she became aggresive and said "i'll phone you tomorrow" and hung up.

the main thing that gets me aswel as someone going through my stuff, while a stranger (apparently her partner) snoops around, what If i had been in the shower to come out to 2 people in a house which only I live in.

I'm supposed to be going on a long weekend in a few weeks, and now with the valueables i have in the house, i dont feel safe leaving it the way it is.

can anyone offer any other support or routes to help resolve this issue?

thanks in advanced

dont trust this person again, give in your notice, citing what you have told us, and find yourself a place where you will have privacy,
you are entitled to 24 hours notice at your convenience with you in the house at the time of visitation if you so wish, get out of there as fast as your legs can carry you.
this is a nosy person, you cannot change nosy people, she will only make your life hell,
you will always wonder is she in your house while you are out,
get out as fast as you can, you can give a week notice as you are only there 3 months,
she broke a very important law,
now you can break the contract as far as i am concerned

odds_on

goat2 wrote: »

dont trust this person again, give in your notice, citing what you have told us, and find yourself a place where you will have privacy,
you are entitled to 24 hours notice at your convenience with you in the house at the time of visitation if you so wish, get out of there as fast as your legs can carry you.
this is a nosy person, you cannot change nosy people, she will only make your life hell,
you will always wonder is she in your house while you are out,
get out as fast as you can, you can give a week notice as you are only there 3 months,
she broke a very important law,
now you can break the contract as far as i am concerned

In just about any dispute for breach of terms and conditions either of a lease agreement or the RTA 2004, the offending party must be given the opportunity to remedy the issue. Thus, as I said in my previous post the OP should put his complaint in writing to the landlord pointing out that a further breach would entail a claim with the PRTB.

A tenant (or landlord) cannot just break a lease agreement when there has been but one breach but must give the offending party time to remedy the issue.

In this case any further entry by the landlord could result in the tenant leaving and any claim to the PRTB would result in the tenant's favour especially with proof of the tenant's request to refrain from entering without permission. Thus a copy of the letter and record of relivery is excellent proof.

A relevant PRTB dispute resolution, I think:

DR1573/2008
The Respondent Landlord shall pay €5,190 to the Applicant Tenant within seven days from the date of issue of this Order, being €1,500 for a breach of the Respondent Landlords obligations for unlawfully entering into the tenancy of the dwelling .......; €3,000 for illegally and unlawfully evicting the Applicant Tenant from the above premises; €450 retained security deposit and €240 for damage caused to Applicant Tenants belongings, in respect of the tenancy of the above dwelling.

paul71

As a previous poster said the Garda you spoke to was completly wrong, go back to the Station and point this out to him, if he does not accept your complaint ask to sp-ak to a Garda of a higher rank, keep going up the ladder until your complaint is actioned. The law is perfectly clear on this point, it is trespass and trepass is a criminal not a civil matter.

mathepac

paul71 wrote: »

As a previous poster said the Garda you spoke to was completly wrong, ...

Unfortunately the Guard is almost 100% correct - the law in force here is civil law and the Guards don't get involved.

The only place where the Guards may get involved is in cases of trespass or breaches of safety, protection or barring orders. The last three are civil court / family law orders but breaching them may be an arrestable offence.

Certain cases of trespass may now be dealt with under criminal law whereas previously they were exclusively a civil matter.

The advice up to now re: Threshold, PRTB, registered letter etc is sound, but please for your sake do not make idle threats - follow through for your own security and peace of mind.

It might not be a bad idea to keep the local Garda Superintendent up to speed on developments. Send a registered letter detailing all that has happened to date (factual piece) and say you fear for the safety of your property and the security of your home when you are absent due to the threats made and the LL's actions in the past (emotional piece).

Ask if the security video is still available and have it preserved or have the Guards request it.

Did the person who went in the back door use a key or break something to gain access? If they did it's breaking & entering - a criminal offence. They'd hardly be that stupid with video in place though, would they?

BrianD

One would find it hard to believe that a LL would not have a key to their own premises.

While the Garda my have been a bit sketchy with the legalities it is really a civil matter.

In this case I don't see the point of threatening damages etc. but the LL needs to be put in place as to the extent of yours and their rights. I would highly recommend everything to be in writing and registered post if you wish and get undertakings that you will have peaceful possession.

The only time a LL should enter your premises without notice is an absolute emergency.

However, these seems like the actions of a landlord not to trusted and I would keep a paper trail as you might wish to exit.

BTW how did you get the CCTV?

Kosseegan

paul71 wrote: »

As a previous poster said the Garda you spoke to was completly wrong, go back to the Station and point this out to him, if he does not accept your complaint ask to sp-ak to a Garda of a higher rank, keep going up the ladder until your complaint is actioned. The law is perfectly clear on this point, it is trespass and trepass is a criminal not a civil matter.

Trespass is a civil matter. A criminal trespass only arises where there is a civil trespass and an intention to commit a crime on the premises. The guards do not charge people in the position of the landlord in this case with criminal trespass because such a prosecution would inevitably fail. Harassing the guards to bring a criminal prosecution will probably backfire on the o/p. The Residential Tenancies Act does not make it an offence for a landlord not to give quiet enjoyment. It entitles a tenant to complain about it and if the landlord or tenant does not comply with the determination, then it becomes an offence.

Solair

You should ring Threshold a.s.a.p. and get a case number and start the ball rolling on dissolving the tenancy as soon as possible.

The landlord's in breech of the lease agreement and the law regarding tenancies.

To avoid problems, just do everything absolutely by the book.

I would also advise that you conduct any communication with the landlord by letter (preferably registered letter) and keep any texts etc sent. Also, keep copies of all letters sent.
Communication by email is also a good way of keeping track, if this is possible.

It's better not to do these things by verbal communication as it can be very difficult to keep track of exactly what was said.

Zamboni

She was wrong.
The gardai was wrong.
Get out of that situation as quickly as possible.
Ignore to your own detriment.

paul71

http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0013.html

Criminal offence, not a civil one, the Garda needs to be educated.

christmas2012

best thing to do is find somewhere else to live,while you are living there dont aggravate it even further just leave it,and keep quiet while trying to look for somewhere else to live,she sounds like a ****ing nightmare,she had no right to look through your wardrobe and stuff,you are entitled to privacy you bought that rent.
in the mean time warn other people about her,and report her get your deposit back and off you go.just hope you dont meet someone like that again or even worse..

deemac_d2k

so i recieved a txt this morning. just to make clear, i was on welfare and was told by someone in welfar that i would get help with either the deposit or the months rent, i had one of those but then when i went to claim for the deposit, i was told the information was false and that i would need to come up with both. now i explained this to the landlord and was told that i could make payments for the deposit (as i started working within 2 weeks of moving into the house) which i thought would be great. now she is saying that i threatened her lastnite (which is defintly false and i have witness' to the fone call) and that if i dont issue an apology and the full deposit before the 31st May, i've to be out the house as i am in breach of the contract on more than 1 stage. i told her that i didnt threaten her, it was her infact that threatened me with immediate eviction. She has said that i modified the house, and when i asked about what i had "modified" she said by having a camera in the house, i have modified it and thus breached the contract. i had sent her a message saying that due to being in the house on my own, i felt a camera would be a safe idea. she then messaged me saying she didnt want it to come to this and that she would give me the 28 days required or if i leave within the next 2 days, she will give me back my rent that i paid on the 3rd May. i'm looking elsewhere but having UPC and all of my possesions, its not as simple as packing in 2 days and leaving. i had just began to settle in the house and didnt want it to come to this either, but i just feel that shes violeted my rights and going through my belongings and wardroabs, if she had even contacted me to say she wanted to make sure i was living there and to arrange a viewing, i would have had no problem, but to just use a key for the backdoor then take my spare key and go through everything, i dont feel that its fair.

i'll contact threshold again and see what they say now with what shes said 2day.

djimi

Just to be clear, have you actually signed a lease yet? Are you behind on rent/paying the deposit (for any reason)?

If you have signed a lease then she cannot ask you to leave just because she feels like it. If you are behind with the rent and she wishes to start eviction proceedings against you then she must do this in writing and follow the proper procedure to the letter. Informing you verbally that you have 28 days to leave is not acceptable, and if she persists with this line of eviction then you can open a case with the PRTB against her, who take a dim view of landlords attempting illegal evictions.

deemac_d2k

yeah the lease was signed approx 2-3 months ago, no not behind on the rent, the deposit i am paying up over the course of this month, so supposed to be €350 today, then €300 and then €300 on the following fridays. also, another reason for the delayed deposit was there was things in the hosue that needed fixed, eg. a massive crack in the sink, one of the panes of glass in the windows was smashed, the alarm doesnt work, apparently needs a battery. she then said that once i paid her the deposit, she would get the sink and alarm fixed, but nothing of the window.

i'm lookin elsewhere but will be contacting threshold again to see if the deposit thing effects me

Solair

Is the camera a huge big thing mounted on the wall or something?

djimi

So long as the agreement regarding the deposit is in writing then she has absolutely no reason to look to evict you. If its not in writing then it might be a bit trickier to prove what was agreed and what you actually owe her, but either way that doesnt change the fact that if she wants to evict you she must do so properly, in writing and following the proper procedure (which she has not done). Even then she has to have a good reason to evict, and it doesnt sound like she has any case to do so.

goat2

get out of there as soon as poss, there is still a law bieng broken, it is law to have fire alarmsfitted and perfectly working, insurance problems could come up if there is a fire due to no alar,. and there is your own safety, you have the way out with this one, health and safety, a broken sink should not be allowed also

n900guy

deemac_d2k wrote: »

can anyone offer any other support or routes to help resolve this issue?

thanks in advanced

I can't offer any support or advice but that is completely unacceptable. For a routine inspection e.g., after 6 months a few weeks notice should be given (that is norm in the UK anyway). If it's an emergency and some repair works need to be carried out, then short *notice* and if she absolutely couldn't contact you and a boiler needed to be repaired then sure, she could allow the repair men entry.

Completely unacceptable and doesn't understand it seems that as long as you are the legal tenant, it's not her legal right to enter as she pleases AFAIK. IANAL.

Solair

OP:

Contact Threshold immediately. Either phone one of the numbers below, or physically drop into them.

http://www.threshold.ie/

Dublin : (01) 633 3651
21 Stoneybatter, Dublin 7

Cork: (021) 427 8848
22 South Mall, Cork 1

Galway : (091) 563 080
3 Victoria Place, Merchants Road, Galway.

Ray Palmer

paul71 wrote: »

http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0013.html

Criminal offence, not a civil one, the Garda needs to be educated.

No it is a civil matter. Garda will not intervene. Your posting does not change the fact about who owns the property and what laws they are breaking.

deemac_d2k

i have in writing about the 3 weekly payments for the deposit and today, i have recieved a letter from the LL saying that "due to non payment of €950 deposit and your co-tenant vacating the premises, i wish to inform you that your lease on the above porperty is null and void"+"i am herewith giving you 28 days notice to vacate the premises as required by law, culminating on 7th June 2012". so looks like she has changed her tune from this morning. the part about the co-tenant, i had to tell her that my partner had left the house just last week (which is true), as she had kept harrasing him with phone calls and showing up at the door, giving him quite a bit of verbal (which is also true), then when she was talking to me, she had a total different attitude, until recently when ive questioned her about going through the property without my knowing so.

havent managed to call Threshold as ive been busy today and tryin to get viewings for other properties and a little worried if the new house asks for references.

deemac_d2k

Solair wrote: »

Is the camera a huge big thing mounted on the wall or something?

and no, the camera isnt mouned anywhere, it has its own little stand so was sitting on the window sill, not screwed/glued or permantly attatched

Marcusm

deemac_d2k wrote: »

and no, the camera isnt mouned anywhere, it has its own little stand so was sitting on the window sill, not screwed/glued or permantly attatched

In which case you have not modified anything. To be honest she sounds like a landlord to stay away from. Find somewhere new if you can to avoid this stress. Make a complaint to PRTB after you leave; it's likely to take a long time or go nowhere. In ether case, you should claim further costs of moving and hope that she suffers a significant fine. By entering the premises without reasonable notice or consent she is in breach of the lease/RTA 2004. That being said, I woud not like to continue living with the fear of further harassment.

goat2

how much of the deposit have you really paid, as you are there a couple months, how is it that the deposit was not given before you moved your property onto her property,

odds_on

deemac_d2k wrote: »

i have in writing about the 3 weekly payments for the deposit and today, i have recieved a letter from the LL saying that "due to non payment of €950 deposit and your co-tenant vacating the premises, i wish to inform you that your lease on the above porperty is null and void"+"i am herewith giving you 28 days notice to vacate the premises as required by law, culminating on 7th June 2012". so looks like she has changed her tune from this morning. the part about the co-tenant, i had to tell her that my partner had left the house just last week (which is true), as she had kept harrasing him with phone calls and showing up at the door, giving him quite a bit of verbal (which is also true), then when she was talking to me, she had a total different attitude, until recently when ive questioned her about going through the property without my knowing so.

havent managed to call Threshold as ive been busy today and tryin to get viewings for other properties and a little worried if the new house asks for references.

If that is what she has sent you as a Notice of Termination, it is invalid as it does not give the required information.
You could start a claim directly with the PRTB, and claim damages for upset, distress, anxiety and inconvenience and possible illegal eviction.

IMHO, from what you have said in your posts, this landlady needs to have the book thrown at her and have a hefty financial award against her - which the PRTB will no doubt do. You could be looking at several thousand euros compensation at least. She obviously does not know the law as in the RTA 2004.
It is also illegal to penalise a tenant for making a claim against the PRTB.

Keep all texts etc from her as proof, and keep all your communication in writing (keeping a dated copy for your file).

If you are covering the rent of your co-tenant, there is no problem. However, if she is not receiving the full amount of rent there is a problem. However, if you and another person (your co-tenant) both signed the lease, you are jointly and severally liable for the rent - that is, if one tenant leaves or does not pay their portion of the rent then the other tenant is liable for the full rent.

Thus, if you are in rent arrears, she is entitled to evict you but she must do that in accordance with the law, which she is not doing or has not done. Therefore, this would be classed as illegal eviction.

If your co-tenant has left, and your agreement with him/her was that s/he pays half the rent, then he should have assigned his/her part of the lease.