Landlord carry on

paul71

Ray Palmer wrote: »

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.

Wrong, criminal not civil, if I rented a building to AIB bank on the main street of a small town and entered it some night without permission I would be in jail tuite suite. The ownership of the building does not as you state change the statute of criminal law I quoted, if you can show part of the statute book that does mention this please feel free to quote it.

deemac_d2k

odds_on wrote: »

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.

yeah that was the letter that i have recieved today, and i am not in arrears, proof is that she has said in the same letter that if i leave before the 28 days, she would refund the balance paid till that date.

yeah when i mentioned that i had spoke to threshold about advice, i was threated with "i'll evict you tomorrow" and i "wouldnt have a leg to stand on" if i wanted to go down the legal route.

its been her partner that dropped the letter off at the door today, no stamp on the letter or anything, just dropped through the letter box.

anyways, the letter i recieved today, is titled "RE: Dissolution Of Tenancy Agreement for *address*" and states as i had mentioned that she wants me out due to mon payment of deposit and co-tenenat vacating the premises. I have no issue paying the rent in full on my own, so i still dont understand her "good reason" for making me leave

Solair

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 permanently attached

Then I have no idea what she means by 'modifications' to the house...

the_syco

deemac_d2k wrote: »

co-tenenat vacating the premises

Did you rent the place out by yourself, or with someone else? And if the latter, are they still there?

deemac_d2k

Solair wrote: »

Then I have no idea what she means by 'modifications' to the house...

although i havent said to her, my thinkin is that she's been caught doing wrong, and has been tryin to turn it round on me since i confronted her about it, as im not prepaired to let ppl go through my stuff. the fact she wasnt even going to tell me she had "stolen" my spare keys and had her partner in the hosue going through my stuff aswell.

Did you rent the place out by yourself, or with someone else? And if the latter, are they still there?

the lease was first taken on by me and my partner. she had been phoning my partner, randomly showing up at the door when she knew when i would be working, and being "not very nice" is an understatement and i have no idea what the reason behind this would be. My partner decided it would be best if s/he moved out because she consistantly wound her/him up, and although s/he didnt argue back or anything, the last time she phoned my partner, s/he described it as being told off by a primary school teacher so s/he snapped and had a go, didnt call her names or anything childish or threaten her, she eventualy hung up and then sent me a text saying she had a heated exchange with my partner and wanted me to call her, knowing again, my working hours, she consistantly called during my working hours and rarely answered her phone when I had finished work.

Solair

OP:

To be honest, a normal tenancy in Ireland is like this:

You meet the landlord / agent - pay deposit, move in, pay by internet banking / standing order.

You never normally meet the landlord / have any dealings with them unless there's a maintenance issue or some problem.

We rented in Dublin for 3 years and met the landlady once!
For the first 2 years we were wondering if she even existed. We'd dealt with an estate agent and paperwork only ever arrived by mail.

It worked out fine, at the end of the lease, moved out and she had a browse around and handed deposit back in full in cash.

The only contact we had with her was a card at xmas wishing us well! That was it.

Short of some on-going maintenance issue, I do not understand why any landlord would be making regular contact with you / your partner. They are supposed to just rent the house/apartment and stay away other than for official landlord business regarding property maintenance / inspections.

In my experience, most landlords, (if they think you're trustworthy) just don't inspect the premises at all. OK, maybe for some structural issue or whatever, but not to check up on the tenant's housekeeping skills!

vikingdub

Solair wrote: »

OP:

To be honest, a normal tenancy in Ireland is like this:

You meet the landlord / agent - pay deposit, move in, pay by internet banking / standing order.

You never normally meet the landlord / have any dealings with them unless there's a maintenance issue or some problem.

We rented in Dublin for 3 years and met the landlady once!
For the first 2 years we were wondering if she even existed. We'd dealt with an estate agent and paperwork only ever arrived by mail.

It worked out fine, at the end of the lease, moved out and she had a browse around and handed deposit back in full in cash.

The only contact we had with her was a card at xmas wishing us well! That was it.

Short of some on-going maintenance issue, I do not understand why any landlord would be making regular contact with you / your partner. They are supposed to just rent the house/apartment and stay away other than for official landlord business regarding property maintenance / inspections.

In my experience, most landlords, (if they think you're trustworthy) just don't inspect the premises at all. OK, maybe for some structural issue or whatever, but not to check up on the tenant's housekeeping skills!

Sounds like your landlord was a "professional" who paid an agent to take care of the business.

In the case being discussed in this thread it sounds like the landlord/lady is either one the buy to let gang or someone who has moved in with her partner and decided to rent her own house. This would explain her complete ignorance of the law and her rights and responsibilities as a landlord.

Is the property and the lease registered with the PRTB?

deemac_d2k

hi, sorry for lack of response, been busy trying to find somewhere else to live.
vikingdub - i've never recieved anything from them so i'm doubting it.

as for an update:
I recieved a txt saying that the landlords "representitive" would be dealing with things from now on, and was given her phone number to contact. I informed the landlord that i would not be handing money over to someone cash in hand as i have no dealings with this person. then on the 31st May at around 2:30pm, I recieved call from a neighbour saying that a male and female, both in or around their mid 30s to mid 40s, had entered the house, calling my name, as if asking if i was in. i then foned the "representive" asking where she was, as I knew someone was in the house. She told me she was in approx 10-15mins away from the house and I said "well i know someone is in my house, so if your not there, and the landlord isnt, who else has been given keys to the house?", she replied in a stuttery fashion and repeated that she was in another town. I said "im leaving work, and on my way to the house, i want to know who else has keys!" then i hung up. When i came off the phone, i phoned the neighbour back and he said that they where just leavin the house, and seemed in a bit of a rush. I didnt leave work, as there was no point, if they where leaving. i still have no idea who it was that was in the house, even tho i know 100%, it wasnt the landlord.

On the 3rd of June, I recieved a txt from the said landlord, saying that she was going away for the bank holiday weekend (from the 1st of June (didnt give a return date)) and that her "representitive" would be at the house on monday at some point, to pick up rent. I didnt really feel this was any sort of reasonable notice as I was away on a dancing trip. I also had no credit to txt back. I got back late monday/early tuesday and had viewings setup for later on the tuesday nite. I finally got somewhere and have had 2 or 3 people helping me move out my stuff to which was finished late lastnite.

While this has been going on, threshold are saying that the notice she served me with, is invalid, and they have contacted the landlord, and she is quoted as saying "the tenant doesnt have to leave (false, have the eviction in writing, signed by landlord), i've never said if the weren't out by the 28th May, or that I would be clearing out the house and bining anything that belonged to the tenant (false, also have this in a txt message after quering why she was in the house and took my spare key off my bed), infact, if the tenant wants to stay, s/he can". Threshold are now saying that because the notice of eviction is invalid, i would have to give 28 days notice to leave the house, and not only that, that I may have to pay the rent until the end of the lease. I asked threshold "surley if she's given me 28 days notice in writing, thats what i've done, i cant just tell the landlord no, i'm not leaving" and threshold said that because they have told me that the notice is invalid, thats what could happen. I'm not at all happy with this whole situation. I feel like i'm being taken for a mug. Not only has the landlord and another male entered the house, gone through my wardroabs, threatened to evict me the next day, bin all my stuff if i wasnt out with about 15 days notice, then served a writen 28 days notice, then another male and female have been in the house, now after all this, i'm being told i mite have to pay for another 9 months rent to somewhere I've left, as today was the 28 days notice. Oh, and threshold sent me a 28 days notice template for me to issue to the landlord, but when i told threshold that I dont have an address for the landlord, threshold contacted the "representitive" and she REFUSED to give an address and said that the landlord was away getting married! so i cant give 28 days notice either!

has anyone else had this sort of experience?
I wouldnt mind paying from the 4th until the 7th's worth of rent (as the 4th was when each monthly rent was due) but there's no way, after being served an eviction notice, that i'm paying the full months rent. i didnt choose the date i was to be out by. and i didnt chose for the landlord to start this carry on of going through my personal belongings.

i'm sick to death of people goin through my personal belongings, and if any of it was to go missing, I'd have no way of getting it back. I've moved out now and in the new house, i just want to be left alone as this stage, and feel, that I may have no option but to contact a lawyer

Zamboni

Why the **** did you not ring the Gardai that a break and enter was taking place in your home?
Seriously?
They'd have stung them in the act and you would have evidence that there was a breach of tenancy law.

[/FACEPALM]

deemac_d2k

Zamboni wrote: »

Why the **** did you not ring the Gardai that a break and enter was taking place in your home?
Seriously?
They'd have stung them in the act and you would have evidence that there was a breach of tenancy law.

[/FACEPALM]

because they used a key, theyre not breaking and entering. nothign was damaged and missing. hav been to the guards before and they said it was a cival matter not a criminal matter

Zamboni

deemac_d2k wrote: »

because they used a key, theyre not breaking and entering. nothign was damaged and missing. hav been to the guards before and they said it was a cival matter not a criminal matter

They had no authority to be on the property.
If you rang the guards and said a neighbour spotted unknown people entering the house they would have had to investigate.
At the very least you would have had on record that they entered the house illegally.
Your landlord is taking the complete piss out of you and you are sitting back whinging about it rather than taking her on.

deemac_d2k

Zamboni wrote: »

They had no authority to be on the property.
If you rang the guards and said a neighbour spotted unknown people entering the house they would have had to investigate.
At the very least you would have had on record that they entered the house illegally.
Your landlord is taking the complete piss out of you and you are sitting back whinging about it rather than taking her on.

with everything i've done, i've followed threshold exactly. If you read back, you'll notice that I have on video, the landlord and her partner, going through my wardroabs, I told that garda that, and I was told that it was a civil matter and not a criminal offence. there's also someone in a previous post saying that the garda is correct in saying so.

you really think im doing nothing? tell me, what would you do? im not on here "whinging" about it, more like, seeking advice and threshold have advised me to avoid all confrontation with the landlord, as this will go in her favour

January

Contact the PRTB (not Threshold!) and tell them you want to open a dispute as you were evicted illegally. Tell them all about the landlord entering, the letters, the texts, the advice Threshold gave once they contacted the landlord.

You'll have a nice chunk of change soon enough.

Zamboni

deemac_d2k wrote: »

with everything i've done, i've followed threshold exactly. If you read back, you'll notice that I have on video, the landlord and her partner, going through my wardroabs, I told that garda that, and I was told that it was a civil matter and not a criminal offence. there's also someone in a previous post saying that the garda is correct in saying so.

you really think im doing nothing? tell me, what would you do? im not on here "whinging" about it, more like, seeking advice and threshold have advised me to avoid all confrontation with the landlord, as this will go in her favour

Jesus Christ

Leave the civil/criminal aspect aside for a minute and use some bloody cop on.
Two unknown strangers entered your property. No agreed time. Nothing.
What do you do? You ring the Guards!

Oh and Ray Palmer is a landlord - Just an FYI

deemac_d2k

January wrote: »

Contact the PRTB (not Threshold!) and tell them you want to open a dispute as you were evicted illegally. Tell them all about the landlord entering, the letters, the texts, the advice Threshold gave once they contacted the landlord.

You'll have a nice chunk of change soon enough.

im not really interested in the "chunk of change" but the hassle im gettin is beyond a joke. I think im going to contact PRTB, only thing putting me off is that threshold said PRTB dont take lightly to the non payment of rent (from the 4th of June till present, but i cant settle how much is due with the landlord because she is on her honeymoon and i've not been giving a date as to when she'll return)

hope your right tho

djimi

deemac_d2k wrote: »

im not really interested in the "chunk of change" but the hassle im gettin is beyond a joke. I think im going to contact PRTB, only thing putting me off is that threshold said PRTB dont take lightly to the non payment of rent (from the 4th of June till present, but i cant settle how much is due with the landlord because she is on her honeymoon and i've not been giving a date as to when she'll return)

hope your right tho

From all you have said the non-payment of 3 days rent is nothing compared to what you have endured from these clowns. Open a case with the PRTB and follow it through to conclusion; these morons need to be thought a lesson about how to treat tenants.

deemac_d2k

djimi wrote: »

From all you have said the non-payment of 3 days rent is nothing compared to what you have endured from these clowns. Open a case with the PRTB and follow it through to conclusion; these morons need to be thought a lesson about how to treat tenants.

i'm willing to pay the 3 days rent, not a problem, but i dont see why i should be paying more.

thanks for that, i think i will be going to PRTB. fingers crossed it goes well