Advice please

edellc

whereas the PRTB take forever to act and bring cases against LL, and in some cases it is years....check out the rte player and prime time a few weeks back....threshold will deal with it now, ring them if you dont get in touch with the one in dublin, ring galway or cork they are quicker to answer, get whoever answers and deals with you to ring the Landlord and remind him of his duty regards deposits...also if he does try deduct anything above wear and tear you are entitled to get receipts for these deductions

http://www.threshold.ie/advice/ending-a-tenancy/non-return-of-security-deposit-by-your-landlord/

check out the link and follow it to a t, that way they will definitely back you with everything

best of luck with it all, how you havent taken a sledge hammer to his head is beyond me especially for upsetting your baby and saying that he will deal with you later, I mean what are you a bold school girl :eek: what a creep and bully


not that i am condoning violence I am not but some people need a good shake

Graces7

edellc wrote: »

whereas the PRTB take forever to act and bring cases against LL, and in some cases it is years....check out the rte player and prime time a few weeks back....threshold will deal with it now, ring them if you dont get in touch with the one in dublin, ring galway or cork they are quicker to answer, get whoever answers and deals with you to ring the Landlord and remind him of his duty regards deposits...also if he does try deduct anything above wear and tear you are entitled to get receipts for these deductions

http://www.threshold.ie/advice/ending-a-tenancy/non-return-of-security-deposit-by-your-landlord/

check out the link and follow it to a t, that way they will definitely back you with everything

best of luck with it all, how you havent taken a sledge hammer to his head is beyond me especially for upsetting your baby and saying that he will deal with you later, I mean what are you a bold school girl :eek: what a creep and bully


not that i am condoning violence I am not but some people need a good shake

Indeed yes. I think years may be an overstatement; oh but that has happened?
when we were being threatened with illegal eviction, we applied in June and the hearing was scheduled for almost the end of the year. As the fixed term lease expired in November... by then we had moved anyways needing to be settled.
So as the tribunal hearing was 300 miles away and as that last move all but oput me in hospital, we did not respond.

it remains a good stick to shake at the LL as if he is not well educated he will be scared witless by the threat of a tribunal etc.

Byt yes, Threshold are by far the best first stop for the OP.... First thing Monday? Ok? OK!

Graces7

OP; do start seeking a place... Quietly and without letting ANYONE know. lookon daft, go to your council.. It will make you feel rightly that you are taking action.

Will not stop or prevent your standing up to this creature but will give you that extra confidence that YOU are in control, not him

He does not matter in this; you and the children matter here. Your peace, your privacy.

BY THE WAY, before I forget, the terms of the Tenancy Act state that it is the house and surrounds that are private and cannot be entered. I forget the exact terms but I am sure others know them.

So he has no right to be in the garden or touch the shed without your permission etc.
Can you padlock the gates and shed? Impede this ***** in any way possible.

omck80

Edellc that's exactly how I feel a bold school child The garda advised me to contact PRTB ha has broken laws but they have my call on record. I have secured side passage and shed almost cleared I'm trying to give and take a bit as I am worried he will try retain deposit but it won't be cleared by tomorrow. I've already started to look on daft and have viewed some houses and have yet to find somewhere suitable. My parents live close enough to me they don't have a whole lot of room but I can stay with them a week or two if needs be. I have contacted threshold on Friday when this all began so hopefully will hear from them tomorrow and get some more advice and support. After it was said about part 4 tenancy and a solicitor friend of mine is interested in case I have heard nothing more Starting to feel I am beginning to have the upperhand. He was told to go and educate himself or stop playing stupid to think I had no rights. I want to be reasonable I hate conflict but I need to protect my family.

omck80

And also to add rent is paid in full until end of month also bills are all in my name and are up to date so he can't dispute that. I also pay a standing order directly from my bank account to his so I have a record of rent being paid.

Graces7

omck80 wrote: »

Edellc that's exactly how I feel a bold school child The garda advised me to contact PRTB ha has broken laws but they have my call on record. I have secured side passage and shed almost cleared I'm trying to give and take a bit as I am worried he will try retain deposit but it won't be cleared by tomorrow. I've already started to look on daft and have viewed some houses and have yet to find somewhere suitable. My parents live close enough to me they don't have a whole lot of room but I can stay with them a week or two if needs be. I have contacted threshold on Friday when this all began so hopefully will hear from them tomorrow and get some more advice and support. After it was said about part 4 tenancy and a solicitor friend of mine is interested in case I have heard nothing more Starting to feel I am beginning to have the upperhand. He was told to go and educate himself or stop playing stupid to think I had no rights. I want to be reasonable I hate conflict but I need to protect my family.

Lesson one; you cannot be reasonable with people like this. Period. As you are seeing, they will walk all over you/ There are no scruples or morals in them. Threshold know this well.
Please stopclearing the shed. He has no rights to make you do that. Do not give an inch now.

He cannot evict you, period. Trust in that, please. He cannot do that.
Yes get the solicitor involved but do it now. today.

Bullies are always cowards. See the difference when your boyfriend was there. And no use the Gardai saying it is on record; they need to take a formal statement from you and do it now. And unless you push them they will not bother. The only time we have had a statement taken was when I wrote to the Chief Superintendant when the old man next door started his antics again.. I was shocked that although I had already been to the local Gardai station, when they finally came to take the statement, they had no record of that visit. In the letter I was not confrontational just asking for help. Head office cannot ignore a letter like that and it gets passed down.

We chose when threatened to leave but we did it on our own terms and in our own way, including leaving at 4 am ...

This is literally war!

The interesting thing is that whereas I used to get stressed, I no longer do. Water off a duck's back now.

Take care of YOU, OP. You are doing great..

Graces7

PS he needs some kind of very official papers served on him immediately. SOme concrete proof that he is being seriously opposed. it could be, you see, all talk from you, which is what he does.

All hot air and that will skewer the balloon.

When we were being threatened with eviction. all calmed down and stopped when he was served with notice of tribunal by PTRB.. gave us space to sort things out. And makes the mind easier to look at it all more calmly.

But I repeat, he cannot evict you or enter, or intimidate or invade. Period.

djimi

I think at this stage your best course of action is to write to him and inform him that the only form of communication you will entertain from him is in writing; that you will be ignoring all phone calls/texts and you will not be granting him any access to the property (inside or out) unless its agreed in advance and in writing. Outline the reasons why; include everything he has done and outline every law he has broken with his invasions of your privacy. Keep a copy of all communications between you and him.

He has no idea of the boundaries that must exist between landlord and their rented property and insisting on all communication being in writing will force that boundary to exist and will also ensure that you have time to plan your response to any communication, rather than being put on the spot by his bullying tactics.

Sleepy

If you're at the point where you just want out, my advice would be to tell him that unless your security deposit is returned prior to you moving out, you'll be making sure to do enough damage to his property to get your money's worth.

Bullies tend to buckle very quickly when you threaten them back...

cookie1977

Sleepy wrote: »

If you're at the point where you just want out, my advice would be to tell him that unless your security deposit is returned prior to you moving out, you'll be making sure to do enough damage to his property to get your money's worth.

Bullies tend to buckle very quickly when you threaten them back...

I dont think this is good advice. What if he has a witness of you saying this? I'd agree with djimi

sweeney1971

Sometimes you have to fight fire with fire. Just stop paying your rent and every time he comes around take a photo of him and ring the Gards.

djimi

Sleepy wrote: »

If you're at the point where you just want out, my advice would be to tell him that unless your security deposit is returned prior to you moving out, you'll be making sure to do enough damage to his property to get your money's worth.

Bullies tend to buckle very quickly when you threaten them back...

sweeney1971 wrote:

Sometimes you have to fight fire with fire. Just stop paying your rent and every time he comes around take a photo of him and ring the Gards.

Ever heard of the phrase two wrongs dont make a right...? :rolleyes:Threatenign to cause damage or stopping paying the rent are only going to make this situation very messy, and will swings things out of the OPs favour. As it stands were the OP to open a case with the PRTB then they would have the landlord without a leg to stand on for illegal eviction and a host of other offenses. If they start getting stupid then all they do is hand the landlord ammunition to fight back with.

cookie1977

djimi wrote: »

Ever heard of the phrase two wrongs dont make a right...? :rolleyes:Threatenign to cause damage or stopping paying the rent are only going to make this situation very messy, and will swings things out of the OPs favour. As it stands were the OP to open a case with the PRTB then they would have the landlord without a leg to stand on for illegal eviction and a host of other offenses. If they start getting stupid then all they do is hand the landlord ammunition to fight back with.

Totally agree. As bad as the current situation is at least the OP has done everything right to date. You start acting like the landlord and you'll muddy the waters of who's right and who's wrong. While it may take time to sort it out it would seem to me that the landlord will be held fully responsible for their actions.
_

djimi

Sleepy wrote: »

II've already started to look on daft and have viewed some houses and have yet to find somewhere suitable. My parents live close enough to me they don't have a whole lot of room but I can stay with them a week or two if needs be.

I wouldnt strongly advise against moving out unless you have a full paper trail to back up everything that has gone on. If you have the eviction notice in writing then write back to him stating your rights as part of a part 4 tenancy to the appropriate notice and at that only if he has a valid reason to request you leaving. Base your next move on his response.

If you have nothing in writing to back up what has been going on then do not move out of the property. You will be the one who is breaking the lease (despite all that has been going on) and without proof to back things up it will end up being your word against his. Only move out if you can prove, in writing, that you have been asked to do so and that you have lodged an objection to this request.

sweeney1971

Have you ever been in this position djimi? Well I have and you most certainly play them at their own game as long as you stay within the Law. With holding rent money is a Civil Matter.

I now own and rent out houses myself and I know if one of my Tennants wont pay their rent their is very little I can do.

Graces7

djimi wrote: »

Ever heard of the phrase two wrongs dont make a right...? :rolleyes:Threatenign to cause damage or stopping paying the rent are only going to make this situation very messy, and will swings things out of the OPs favour. As it stands were the OP to open a case with the PRTB then they would have the landlord without a leg to stand on for illegal eviction and a host of other offenses. If they start getting stupid then all they do is hand the landlord ammunition to fight back with.

In the application forms from PTRB it emphasises that you must not stop paying rent. For these precise reasons.

We broke that proviso knowing in the last weeks that we would be away before the tribunal and so it would not in fact be held and because it was the only way we could get enough money for rent and the move.

The owner was coming back from overseas and had not seen the house for years and his family had not taken care of it properly.

But it was not done lightly.

djimi

sweeney1971 wrote: »

Have you ever been in this position djimi? Well I have and you most certainly play them at their own game as long as you stay within the Law. With holding rent money is a Civil Matter.

I now own and rent out houses myself and I know if one of my Tennants wont pay their rent their is very little I can do.

If a PRTB case for this matter were to be heard then the tenant withholding rent would be seen as a black mark against them. As it stands now its an open and shut case against the landlord, who quite frankly is going to be in all kinds of **** with the PRTB if the get hold of him. Why on earth would you advise the OP to do something that might put that position in doubt?

sweeney1971

From experience the Law is alway's on the side of the Crminal. A senior Judge (once said to me after I took someone to Court) When I asked him about my 'Human Rights' he said 'my dear you have no human rights until you break the Law, then and only then will the Law protect you.'

Graces7

sweeney1971 wrote: »

From experience the Law is alway's on the side of the Crminal. A senior Judge (once said to me after I took someone to Court) When I asked him about my 'Human Rights' he said 'my dear you have no human rights until you break the Law, then and only then will the Law protect you.'

If you g o to the PTRB site and the conflict resolution pages, you will see that your post is inaccurate in the extreme.

These are simple, clear cut issues. Not a case of proving etc; civil law not criminal law in the sense that you are referring to.

Huge difference.

In this case the PTRB are fully behind the tenant.

djimi

sweeney1971 wrote: »

From experience the Law is alway's on the side of the Crminal. A senior Judge (once said to me after I took someone to Court) When I asked him about my 'Human Rights' he said 'my dear you have no human rights until you break the Law, then and only then will the Law protect you.'

Uhuh...

sweeney1971

Perhaps I gain my experience rather than reading it from a book.

djimi

sweeney1971 wrote: »

Perhaps I gain my experience rather than reading it from a book.

Good man yourself. While Im sure youre experience has served you well, its best not to advise people to do things that could potentially jeopardize a case they may wish to take (and withholding rent would jeopardize their case with the PRTB).

Also I have no idea what you would hope to gain by withholding rent in this case. If it was a dispute over deposit or something I could understand the logic, but in this case the landlord is attempting to carry out an illegal eviction, and your solution is to give the landlord ammuntion which would actually justify him starting an eviction process against the tenant. Madness...

Graces7

sweeney1971 wrote: »

Have you ever been in this position djimi? Well I have and you most certainly play them at their own game as long as you stay within the Law. With holding rent money is a Civil Matter.

I now own and rent out houses myself and I know if one of my Tennants wont pay their rent their is very little I can do.

Of course there is.. You not registered with PTRB then?

Interesting slant on landlords.. thank you.

omck80

Sorry haven't been online. Update is he has backed off. I do want out he has neither agreed nor disagreed about deposit at the moment. I have been on to threshold and they are working with me. I've agreed to clear shed for Friday mostly just old toys that can go anyway. But he also has stuff in it so don't know what he is going to do with that. I have also agreed to let painters in on Friday to paint exterior of house but not for him to come and go as he pleases while they work. If he wants to see the work they are doing he must give me prior and proper notice. I'm only agreeing to a few things as I am worried about deposit and want to be reasonable as he does have to improve look of house, exterior wasn't painted since well before I moved in.

omck80

Hi all and sorry for bump. Just wanted to let you know what happened in the end. Well I moved last Friday, after painting house and fixing the blind he then said I was a month in rent arrears 2 days before I was due to leave. Now I always paid the months rent in advance. So he was looking for 2 months rent for the last month. I found out the day before I left that after 3 years he had never registered my tenancy with the PTRB:rolleyes: So when I told him I knew this he said his accountant made a mistake of course my rent was paid to date. Needless to say I got my deposit back I just pity the new tenants.

edellc

^^^^

name and shame dude name and shame

but fair play to you and glad you got your deposit back

omck80

edellc wrote: »

^^^^

name and shame dude name and shame

but fair play to you and glad you got your deposit back

Thanks. I wish I could name and shame lets just say the neighbours I had where very nice and will be filling any new tenants in on what happened from the start so they know the story. He might still get a call from the PTRB as I sent them an email just to double check the public register that they have that said my tenancy wasn't registerd

StillWaters

Make sure to claim your rental tax credit for the time you were there also.

Pawwed Rig

omck80 wrote: »

Thanks. I wish I could name and shame lets just say the neighbours I had where very nice and will be filling any new tenants in on what happened from the start so they know the story. He might still get a call from the PTRB as I sent them an email just to double check the public register that they have that said my tenancy wasn't registerd

You could call the revenue commissioners aswell and mention that you were in a house the landlord of which you do not believe was paying tax. Sounds like the sort who would be one of the tax dodgers.