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Landlord Walked In While Asleep

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  • 20-06-2012 10:50am
    #1
    ghogie91
    Registered Users Posts: 1,121 ✭✭✭


    Hi Guys,

    I had a call from a very angry friend of mine yesterday who was looking for somewhere to stay as he was walking out of his house he was renting in.

    The story was that yesterday morning he was asleep in his room, room was a bit of a tip with clothes, dvds and probably plates/cups around it, not the worst ever but not to an extent I would personally let it get to, anyways thats beside the point. He was asleep, all of a sudden he heard someone roaring at him to wake up so he didnt know what was going on, he thought it was one of his housemates pulling the piss with him as he was working late and needed a sleep.

    When he woke up it was the landlord after coming into his room while he was asleep, seen the clothes and whatever else cluttering the room and started roaring at him to get out of the bed and clean the room.

    Surely the landlord cant do this like? If that was the case he could just move home and take **** there for free for having a messy room like ya know.

    Any opinions? :confused:


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    #2
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    What kind of accomdation does he have? Does rent the property in its entirety/rent a room/live with an owner occupier?

    Either way, not the landlord cannot just walk into your room whatever the want to. And if he rents the entire property then tell him to report the landlord to the Gardai for trespassing.


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    #3
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    There was a case like this in Belfast a few weeks ago. It was someone from the letting agency who did it. He was arrested and charged with criminal damage, breaking and entering and there was a 2nd case settled out of court. Make sure he reports the scumbag to the gardaí and demands at least a few months rent.


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    #4
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    regardless of if he is renting an apartment/room/house share the LL has absolutely no right whatsoever to enter the tenants room and tell him to clean it up wtf is that about

    I'd be ringing the LL and telling him where to go tbh once you are renting and its not owner occupied then the LL has no right to enter that property unless it is pre arranged with you other than say a total emergency ie fire, flood etc but other than that he is totally in the wrong

    Ring threshold and get them to give the LL a ring and remind him of his rights and what is and what is not allowed when he has rented a property out

    fecking cheeky git


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    #5
    jimmydkid
    Registered Users Posts: 170 ✭✭jimmydkid


    Is the house registered with the prtb? Id be taken this a bit further that's a total invasion of privacy


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    #6
    ghogie91
    Registered Users Posts: 1,121 ✭✭✭ghogie91


    He is renting the house with two other friends, they are renting the house in its entirety.

    I will have to find out if the house is registered from him himself but he is like a bull about it, like not happy at all. Rite now he just wants out, doesnt want to see the landlord again. But I will inform him that it is an invasion of privacy and that he can take it further, even to teach the landlord a lesson.

    I reckon with a group of young lads (22-23) he has there the landlord is trying to take advantage!


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If they are renting the place in its entirety then the landlord broke the law by even entering the property uninvited, let alone by entering his room, so the Gardai should be informed.

    Also report him to the PRTB; it doesnt matter if the place is registered or not, the tenant is still covered, and if the property is not registered then the landlord will get a couple of grand fine on top of whatever else they hand down.


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    #8
    NuMarvel
    Registered Users Posts: 3,279 ✭✭✭NuMarvel


    There's information about tenants' rights, landlords' rights, tenancy types, and so on, on the Citizens Information website here. Might be useful for your friend and his housemates to read up on, no matter what they decide to do.


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    #9
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    In a house which is rented out as a single unit, the landlord may not enter (except in emergences) without the tenants prior consent and at a time that is suitable to the tenant.

    In a house which is rented out to tenants who each have a separate lease (written or verbal) for their bedroom and shared facilities and communal areas, the landlord may enter the communal areas at any time, without notice. He has no right to enter the rented bedroom without the tenants express permission (except in the case of emergencies).

    In a rent-a-room scheme, the licensee does not have exclusive rights to any room in the property. The landlord may enter any room at any time, but should have respect for the licensee's privacy and preferable only enter when the licensee is present (but not in bed).


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    #10
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Complain to the Gardai.

    Trespessing on property in a way which is "likely to cause fear in another person" is a criminal offence.

    Also report the incident to the PRTB. He could use this situation to somewhat give him the upper hand on the landlord. If they let it be known that they won't tolerate this crap, then the landlord may be less willing to give them crap in future.


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    #11
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    Did any of the housemates allow the landlord into the property?


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    #12
    Marcusm
    Registered Users Posts: 10,320 ✭✭✭✭Marcusm


    If he entered a room without invitation or notice and yelled in the manner you describe, he will have induced fear in your friend. This may be sufficient to have him charged with criminal trespass; not an offence for which there are many Prosecutions. Section 13 Criminal Jstice (Pubic Order) Act 1994. Your friend should consider speaking with a Garda.


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    #13
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Out of interest, what did your friend do? What a shocking experience. Poor lad.


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    #14
    JohnMarston
    Closed Accounts Posts: 1,881 ✭✭✭JohnMarston


    Its none of the Landlords business how your friend keeps his room. As long as its clean when he moves out.


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    #15
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Kosseegan wrote: »
    Tell him to clean up his act. Live like a pig and get the rights of a pig.

    Meanwhile back in the real world...


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    #16
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    JohnMarston wrote: »
    Its none of the Landlords business how your friend keeps his room. As long as its clean when he moves out.

    The landlord is actually entitled to carry out an inspection of the property and the state in which it is being kept, however they must arrange this inspection in advance, with no less than 24 hours notice, and at a mutually convenient time for both parties.


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    #17
    jd83
    Registered Users Posts: 1,445 ✭✭✭jd83


    Kosseegan wrote: »
    Tell him to clean up his act. Live like a pig and get the rights of a pig.

    ?? What are you talking about? Landlord has no right to enter without permission and notice to see of the place in a mess in the first place.

    If this happened to me I would not even say anything to the landlord I would call the Gardai straight away. Op I suggest you either report the landlord or else if your friend wants to stay there and ensure this doesnt happen again. Send the landlord a registered letter stating illegality of what he has done and what actions you will take if this happens again. e.g gardai & prtb.


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    #18
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    jd83 wrote: »
    ?? What are you talking about? Landlord has no right to enter without permission and notice to see of the place in a mess in the first place.

    If this happened to me I would not even say anything to the landlord I would call the Gardai straight away. Op I suggest you either report the landlord or else if your friend wants to stay there and ensure this doesnt happen again. Send the landlord a registered letter stating illegality of what he has done and what actions you will take if this happens again. e.g gardai & prtb.

    TBH I wouldn't advise staying there any longer. If this is the sort of person he is you don't want to be doing business with him at all!
    Get him reported to the Gardai and PRTB and get on to a solicitor about what to demand in compensation. As a minimum is should be the cost of renting a temporary place until you find somewhere more suitable.


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    #19
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    Guards won't do anything they will say it's a civil matter even tho its not....threshold deal with this issue prtb is for more serious issues so ring threshold they will advise him of your rights and what is not allowed as a landlord


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    #20
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    edellc wrote: »
    Guards won't do anything they will say it's a civil matter even tho its not....threshold deal with this issue prtb is for more serious issues so ring threshold they will advise him of your rights and what is not allowed as a landlord

    Someone entering your home without permission is not a civil matter. Every guard knows that!


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    #21
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    fasttalkerchat wrote: »
    Someone entering your home without permission is not a civil matter. Every guard knows that!

    Of course they know it but getting them to do anything about it is a different matter. :rolleyes:


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    #22
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    JohnMarston wrote: »
    Its none of the Landlords business how your friend keeps his room. As long as its clean when he moves out.

    As long as it's clean and doesn't stink and doesn't have infestation of flies or similar...


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    #23
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    djimi wrote: »
    The landlord is actually entitled to carry out an inspection of the property and the state in which it is being kept, however they must arrange this inspection in advance, with no less than 24 hours notice, and at a mutually convenient time for both parties.

    You sure that applies to things that are not affecting the structure? I don't think so. What does it matter what state the room is in? He does not have to live in it and there is no damage being done.


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    #24
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    Graces7 wrote: »
    You sure that applies to things that are not affecting the structure? I don't think so. What does it matter what state the room is in? He does not have to live in it and there is no damage being done.

    I think he is within his rights to check that for example, his sofa is not damaged or that his carpet is not stained during the lease time. This would have to be arranged at a suitable time and at least 24 hours in advance.


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    #25
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Graces7 wrote: »
    You sure that applies to things that are not affecting the structure? I don't think so. What does it matter what state the room is in? He does not have to live in it and there is no damage being done.

    It applies to anything that is potentially detrimental to the property as a whole. For example if I am leaving weeks worth of food building up on my floor then it poses a greater risk of mice.

    There is a line though; they cant just come in and tell you to pick your clothes off the floor!


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    #26
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    fasttalkerchat wrote: »
    A mortgage is a secured loan, secured against your house. Surely if they take your house they can't pursue you for other money or property not linked to the agreement?


    that has nothing to do with the thread and what has a mortgage to do with a guy renting a place and landlord walking in screaming to clean the place up, I think you need to be a bit less of a fast talker and more of a slow reader ;)

    it may not be a civil matter but if any of you have ever dealt with the guards with issues like this then you will well know that they will do nothing and tell you its a civil matter even when its not...they dont want to get involved

    ring threshold and be done with it


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    #27
    Victor
    Registered Users Posts: 78,402 ✭✭✭✭Victor


    Kosseegan wrote: »
    Tell him to clean up his act. Live like a pig and get the rights of a pig.
    No need for such comments.


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    #28
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    The LL is very lucky the lad did not hit him; waking someone like that can be very dangerous. if anyone did that here, chances are he would get thumped hard before it was realised who he was.

    Self protection from intruders is an innate thing. I know of folk who sleep with a hammer under the pillows or nearby.

    NB not advocating violence by any means and we have dogs whose bark would make anyone including the LL think carefully before coming near.


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    #29
    ariidae
    Registered Users Posts: 84 ✭✭ariidae


    It kind of sounds like something a LL would do if he (1) assumed naive tenants who don't know their rights and (2) wants them to move out of their own accord without him having to ask them to move out and invoking any lease agreements not in his favour for e.g. if he wanted to sell.

    Ask your friend if this is the first type of shenanigans from the LL. Document all but and definitely make a statement to the guards. He should conduct all future correspondence with the LL should be by letter.


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    #30
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    edellc wrote: »
    that has nothing to do with the thread and what has a mortgage to do with a guy renting a place and landlord walking in screaming to clean the place up, I think you need to be a bit less of a fast talker and more of a slow reader ;)

    it may not be a civil matter but if any of you have ever dealt with the guards with issues like this then you will well know that they will do nothing and tell you its a civil matter even when its not...they dont want to get involved

    ring threshold and be done with it

    Ha wrong thread. I thought that comment must have been deleted until it showed up here!


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    #31
    Lantus
    Registered Users Posts: 3,027 ✭✭✭Lantus


    Totally shocking, get down the garda station and make a formal complaint and see what they can do. Make a lot of noise until they do!

    I keep a metal bar under my bed to avoid situations like this, but I have a young baby so cannot avoid to take any chances regardless of whether its a burglar or irate bully of a landlord.

    This is unlawful immoral and just sick.


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