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Tenants rights

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    #32
    the_syco
    Registered Users Posts: 37,299 ✭✭✭✭the_syco


    ladyjuicy08 wrote: »
    Landlord called her BF said he doesn't care what threshold say he's moving back in no matter
    Ask is he going to illegally evict them. Tell the landlord to contact his solicitor, to find out what illegal eviction means to his bank balance.

    Oh, and fun fact of the day; while you pay rent, it's your house. If he comes into your house without permission, he's trespassing.


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    #33
    Jesus Shaves
    Registered Users Posts: 2,959 ✭✭✭Jesus Shaves


    Go into the guards and get someone that knows what they're talking about, it'll be easier to explain face to face


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    #34
    ladyjuicy08
    Registered Users Posts: 304 ✭✭ladyjuicy08


    the_syco wrote: »
    Ask is he going to illegally evict them. Tell the landlord to contact his solicitor, to find out what illegal eviction means to his bank balance.

    Oh, and fun fact of the day; while you pay rent, it's your house. If he comes into your house without permission, he's trespassing.
    He's doing my nut in so cn imagine what my sis n BF are like.he just doesn't seem to give a s*** .she due her baby in 2 months so just wants to relax so she cn start getting stuff ready doesn't know we're she be living :mad:


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    #35
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭Coriolanus


    ladyjuicy08 wrote: »
    Landlord called her BF said he doesn't care what threshold say he's moving back in no matter what Sister terrified he move back in when der not der she rang Garda for advice said nothing they can do unless he get violent as its his house he can enter when he like which we all know he can't he must give advance warning
    No he can't. If he enters without permission its trespass and the guards are obliged to remove him if asked by the occupier.


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    #36
    paul71
    Registered Users Posts: 3,251 ✭✭✭paul71


    The Garda is wrong, go back to them in person, if they dont accept there is an issue ask to see the sergent, if he fails to see the issue ask to an inspector, no joy with him ask them to get a superindendant to contact you, if that does not work ask for a compliant to be filed with the Garda omsbudsman.

    While a landlord seeking to enter a property without premission may be a grey area in the law (although I have always contended it is trespass), illegal eviction is a crime and the Garda have a statutory duty to investigate all crimes reported.


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    #37
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    She has two choices as I see it:

    A) Come to some agreement with the landlord whereby he buys them out of their lease. I would say full deposit, rent paid plus 2 months worth of rent would be a fair amount.

    or

    B) Allow the landlord to continue with the illegal eviction, making sure to keep full records of all goings on. Once out open a case with the PRTB, which if successful (and by the sounds of it it should be) should mean they get a nice payout from the landlord for their troubles.

    Definately persist with the Gardai though; harrassment and threat of trespassing/illegal eviction should not be taken lightly. Maybe a stern visit from his local Garda will shut him up for a while.

    It also might be worth writing a letter to the landlord informing him of your rights, the legal position of the lease that has been signed, and include the examples that odds_on has posted above of the consequences for a landlord of carrying out an illegal eviction.


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    #38
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    djimi wrote: »
    She has two choices as I see it:

    A) Come to some agreement with the landlord whereby he buys them out of their lease. I would say full deposit, rent paid plus 2 months worth of rent would be a fair amount.

    or

    B) Allow the landlord to continue with the illegal eviction, making sure to keep full records of all goings on. Once out open a case with the PRTB, which if successful (and by the sounds of it it should be) should mean they get a nice payout from the landlord for their troubles.

    Definately persist with the Gardai though; harrassment and threat of trespassing/illegal eviction should not be taken lightly. Maybe a stern visit from his local Garda will shut him up for a while.

    It also might be worth writing a letter to the landlord informing him of your rights, the legal position of the lease that has been signed, and include the examples that odds_on has posted above of the consequences for a landlord of carrying out an illegal eviction.


    Amen to this... Ask Threshold can they help you take out a dispute resoltion with PTRB as that will freeze all else. If you are in their ara, Threshold will alos help at the tribunal.

    And go over the local Gardai heads to the Chief Superintendant; see their website.

    We have recenlt done this over a recurrence of problems with the old neighbour as the local gardai were doing nothing. We got urgent action.

    To many of the gardai it seems peace at all costs!

    This LL may just be blustering; if he comes near, call the Gardai.

    And sit tight. Hard we know having gone through this....


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