Facebook Rant from a Guard.

buckfasterer

Im hoping that I might be able to get some information here if possible please. Long story short, my girlfriend moved out of her rented accommodation at the end of last month. It was a room being let out by a guard and there was very little words spoken throughout the whole time staying there. Since moving out, his Facebook profile was seen (not private) and there was nothing short of a rant on it saying things that she supposedly done while staying there, which are untrue.

Is there anything that can be done? No name was used, but he does say "his tenant" and there was nobody else in the house! Also, do you not need to be a registered landlord to lease out a room?

frozenfrozen

If there's no name I see no real comeback from this. If you believe he's doing things illegally, and you're angry about what he has said, then you could follow this up.

PCPhoto

you are supposed to be a registered landlord if you are renting a room - there are two agencies which deal with this PRTB and Thresh-hold.

As regards the facebook comments - you could contact a solicitor and try to sue for defamation/slander ...but it would be a very flimsy case and could result in a huge financial loss. ... especially as no names were used....you would need to prove the defamation/slander (ie. someone would need to recognise you from the posts ...so it would be very little amount of people who would come across his profile and link the comments to you)

buckfasterer

frozenfrozen wrote: »

If there's no name I see no real comeback from this. If you believe he's doing things illegally, and you're angry about what he has said, then you could follow this up.

There was no name but the way its said you can be in no doubt of who he is talking about. Who or what is the next step though to carry out a complaint?

source

What does him being a member of an garda siochana have to do with this situation?

PCPhoto

you can report it to facebook and they should remove the comment, but if you are seeking compensation (or if you are going to try to get compo by intending to sue) .... a screenshot would be the least you should do.

buckfasterer

source wrote: »

What does him being a member of an garda siochana have to do with this situation?

Im under the assumption that there is a code of conduct that they should adhere to at all times no?

drunkmonkey

PCPhoto wrote: »

you are supposed to be a registered landlord if you are renting a room - there are two agencies which deal with this PRTB and Thresh-hold.

)

No need to register if your getting less than 10k for it. Small claims court if you've a problem.

No evidence of anything. Best keep of Facebook and move on in my opinion. Small island taking a wishy washy slander case against a garda may not be the wisest move.

PCPhoto

source wrote: »

What does him being a member of an garda siochana have to do with this situation?

someone who's job it is to uphold the law should be acting lawful and leading by example ...do you disagree ? (Assuming the OP is correct)

I could only guess that the OP threw it out because of this !

(it shouldn't matter what the person's job is but I personally think that a small portion of Gardai and other people involved in the legal system do abuse their positions - if/when it does happen it is quite often highlighted and in my opinion rightly so)

I have plenty of Garda friends and regularly deal with Gardai - and have voiced my opinions plenty of times about Gardai breaking the law - I disagree with it - they should lead by example, I would welcome many more gardai out on the streets enforcing the traffic laws as they are broken more often than other laws.

Fighting Irish

source wrote: »

What does him being a member of an garda siochana have to do with this situation?

People think guards are meant to be somehow better human beings that the rest of us

source

buckfasterer wrote: »

source wrote: »

What does him being a member of an garda siochana have to do with this situation?

Im under the assumption that there is a code of conduct that they should adhere to at all times no?

When in uniform yes. But what gardai do in their own time is their business. What you're describing has nothing to do with their job or their ability to do that job. Also no name was mentioned so no laws were broken.

PCPhoto

Fighting Irish wrote: »

People think guards are meant to be somehow better human beings that the rest of us

something about Gardai enforcing the law - you do kind of expect that someone enforcing the law would uphold it ..... or do you think that because they enforce it that they should be allowed to break the law ?

PCPhoto

source wrote: »

When in uniform yes. But what gardai do in their own time is their business. What you're describing has nothing to do with their job or their ability to do that job. Also no name was mentioned so no laws were broken.

you do not have to name a person to defame/slander them. I have seen a number of cases in the Four Courts recently where people have sued over something said to others in a phonecall/email/text (and sometimes won) .... Personally I would avoid taking any kind of legal action in this case....its a very difficult one to prove and very unlikely to be successful.(not many cases against the Gardai are successful)

As regards the "what gardai do in their own time is their business" .... not if they are breaking the law ! (when they are off duty they have the same responsibilities as the ordinary citizen ...to obey the laws of the state)

source

PCPhoto wrote: »

source wrote: »

What does him being a member of an garda siochana have to do with this situation?

someone who's job it is to uphold the law should be acting lawful and leading by example ...do you disagree ? (Assuming the OP is correct)

I could only guess that the OP threw it out because of this !

(it shouldn't matter what the person's job is but I personally think that a small portion of Gardai and other people involved in the legal system do abuse their positions - if/when it does happen it is quite often highlighted and in my opinion rightly so)

I have plenty of Garda friends and regularly deal with Gardai - and have voiced my opinions plenty of times about Gardai breaking the law - I disagree with it - they should lead by example, I would welcome many more gardai out on the streets enforcing the traffic laws as they are broken more often than other laws.

What law has been broken?

Not interacting with a tenant isn't illegal, nor is talking about an unnamed person on a social networking site.

PCPhoto

@drunkmonkey - thanks for clarifying that there is a 10K per annum allowance (I only know there are two agencies to deal with when you have landlord issues)

PCPhoto

source wrote: »

What law has been broken?

Not interacting with a tenant isn't illegal, nor is talking about an unnamed person on a social networking site.

I'm not saying a law has been broken.

if the OP's claims are true and the person is an unregistered landlord earning more than the 10K allowed before registration then.... there is a law being broken (albeit a very minor one and probably not one which would get a conviction as the courts would allow time to remedy the situation)

As regards the talking about an un-named person on a social networking site ... while it isn't illegal it could lead to a slander/defamation action - just because you dont name names you can still be found to have defamed someone..... plenty of people dont realise that anything you say online is available for the public to see....which means anyone who knows the two people can view the comments - put two and two together and come up with four. (it is possibly a very small pool of people but it only takes one and a legal action can be taken)

believe me I think the best thing to do in this situation is report the post on facebook - try to get it deleted and then ....move on with everything....as far as I understand no damage has been done, I do not think the garda has broken any laws - but if the person wanted to check with PRTB if he/she is registered then be my guest, if they are not registered - PRTB can ask them to register and ...everything is OK

some examples of defamation/libel because of email/texts
http://www.independent.ie/national-news/courts/warning-over-email-libels-as-lecturer-settles-historic-case-2181240.html

http://www.irishtimes.com/newspaper/ireland/2012/0324/1224313823663.html

in the case of the text message - it did not mention the guy by name (I was in court for the case)

Also ...here's a call from a High Court judge for a change to the laws - asking for internet allegations to be made illegal and punishments to be made

drunkmonkey

They don't have to register with the PRTB. All they have to do is rent out the room, no real other obligations. Its a private agreement.

Delancey

OP ,that he is a Garda is totally irrelevant , he did not use names therefore you or your girlfriend have not a hope of this going anywhere. Put it down to experience.

Fighting Irish

PCPhoto wrote: »

something about Gardai enforcing the law - you do kind of expect that someone enforcing the law would uphold it ..... or do you think that because they enforce it that they should be allowed to break the law ?

Having a rant about someone isn't breaking the law, and we only heard one side of the story, something must have happened for him to care enough to bitch about it on fb

PCPhoto

having a rant can be breaking some civil laws (ie. defamation/libel/slander)

the person does not have to actually name the other party ...but if like the OP says that the person venting/ranting making claims which are untrue (according to the OP) then there is potential for a legal action (I would advise against it)

Jev/N

drunkmonkey wrote: »

They don't have to register with the PRTB. All they have to do is rent out the room, no real other obligations. Its a private agreement.

Where is this stated?

As far as I can see, all tenancies have to be registered pursuant to the 2004 Act?

Kristopherus

Jev/N wrote: »

Where is this stated?

As far as I can see, all tenancies have to be registered pursuant to the 2004 Act?

See www.revenue.ie

Zambia

So far the OP has called this garda a liar and accused him of flouting some landlord regs or something.

The OP is pretty much in the same hole for vague possible slander.

otwb

Jev/N wrote: »

drunkmonkey wrote: »

They don't have to register with the PRTB. All they have to do is rent out the room, no real other obligations. Its a private agreement.

Where is this stated?

As far as I can see, all tenancies have to be registered pursuant to the 2004 Act?

Tenancies have to be registered. Renting a room out in your own home is a licence agreement and not a tenancy.

The '10k' allowance is for tax exemption under the revenue 'rent a room scheme' where income under 10k is tax exempt. There is no requirement to register with prtb at any point where the owner is residing in the house