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Difficult Landlord
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18-09-2012 5:19pm#1
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leeomurchu wrote: »A part on a Monday night :eek: You were asking for trouble there what was wrong with having it at the weekend?
Anyway she can evict you provided she's given you notice you'll have to look through your tenancy agreement and see if there's any mention of parties or loud noise being a breech of contract.
The tenancy laws tend to favour the tenant these days so you'll probably get your deposit back. Report it to the PRTB and let your land lord know you'll be taking it to them unless she returns your deposit.
Thanks leeomurchu for the sound advice Ill probally do that! Also it was her brithday last night that's why it was on a monday.
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sunnysoutheast wrote: »As I understand it the act allows the landlord to terminate the lease agreement for an unremedied breach of covenant such as nuisance or antisocial behaviour. I doubt that eviction for a one-off social occasion before 11 would stand up to scrutiny by the PRTB and I can see no justification for retention of the deposit.
If you breach any tenancy agreement for whatever reason the landlord has the right to retain his deposit albeit a bit extreme in this case. The landlord could very well pursue you for the money owing on a 12 month tenancy agreement that was breached although unlikely as this is usually the case when the tenant leaves without notice before the end of agreement.
With regard an antisocial behaviour clause it will come down to how it's included in the agreement it may not even be there which would mean she's has no reason for terminating contract and evicting the tenant while retaining his deposit.
There are legal steps in place that the land lord has to follow to evict a tenant I can't remember them off hand but it'll be something along the lines of verbal and written warnings for breach of agreement. It's all gonna come down to the agreement the OP has with his landlord.
The best thing if you want to stay there would be to state your case and see it doesn't happen again but as I was saying the tenancy laws are strongly in favour of tenants these days so it'll be unlikely you'll lose your deposit.
She may not even be registered with the PRTB which would be great in your case because it'll allow you to throw the book at her regarding undeclared earnings and failing to register a tenancy agreement plus all the charges associated with a second investment property she'd be failing to declare make sure she's fully aware you're going to pursue her for return of your deposit
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One isolated noise complaint from one neighbour is not anti-social behaviour, and it would not be enough to constitute a breach of the lease unless it was a week long bender with hundreds of people coming and going with loud music blaring 24/7! A simple warning the first time would have been sufficient; from the neighbour initially or from the landlord if they must get involved.
It is if it's written into the tenancy agreement that there's to be no parties during the working week or any complaints received from neighbours will be deemed a breach of said agreement and result in eviction.
It's all about the wording in his contract unless we get a chance to read it we may aswell be tapping our finger tips on the wall. 0 -
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leeomurchu wrote: »It is if it's written into the tenancy agreement that there's to be no parties during the working week or any complaints received from neighbours will be deemed a breach of said agreement and result in eviction.
It's all about the wording in his contract unless we get a chance to read it we may aswell be tapping our finger tips on the wall.
Even if such a clause existed in a contract I doubt it would have much legal standing anyway; the landlord cannot determine what constitutes anti-social and what would be a legal eviction, and just because they write it into a lease does not mean that it actually means anything legally. If they tried to go through with the eviction and the tenant took a case with the PRTB then chance are the PRTB would still rule against the landlord unless there was evidence of persistant and/or severe anti-social behaviour.0 -
Before any eviction notice can be valid a tenant (or landlord) must be given the opportunity to remedy and breach of obligations, whether it is a breach of the Residential Tenancies Act 2004 or any special clauses in a lease agreement. Any clauses in a lease agreement which go contrary to the RTA are invalid.leeomurchu wrote: »It is if it's written into the tenancy agreement that there's to be no parties during the working week or any complaints received from neighbours will be deemed a breach of said agreement and result in eviction.
It's all about the wording in his contract unless we get a chance to read it we may aswell be tapping our finger tips on the wall.0 -
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Even if such a clause existed in a contract I doubt it would have much legal standing anyway; the landlord cannot determine what constitutes anti-social and what would be a legal eviction, and just because they write it into a lease does not mean that it actually means anything legally. If they tried to go through with the eviction and the tenant took a case with the PRTB then chance are the PRTB would still rule against the landlord unless there was evidence of persistant and/or severe anti-social behaviour.
Are you not just reiterating my point about the tenancy laws being strongly in favour of the tenant? We could play this merry dance all night
the agreement between landlord and tenant is legally binding if the landlord has added clauses the tenant should've been made aware of these.
Yes it's harsh what's happened.
Yes I do think he will get his deposit returned to him.
Yes I do think a party on a Monday night was ill advised.
And finally for those in the cheap seats we've no idea what his tenancy agreement does or does not include.
Good Luck in your new place OP but easy on the Monday night parties 0 -
leeomurchu wrote: »Are you not just reiterating my point about the tenancy laws being strongly in favour of the tenant? We could play this merry dance all night
the agreement between landlord and tenant is legally binding if the landlord has added clauses the tenant should've been made aware of these.
I suppose I am. The point I was trying to make is that the landlord does not get to decide what constitutes a legal eviction, and if they try and write something into the lease that goes against the tenants rights then it doesnt matter whether or not the tenant signs and agrees to the lease, its still not legally binding. If the tenant can prove that they were unfairly evicted on the basis of one minor and isolated complaint, then even if its in the lease that complaints = eviction or whatever, chances are the landlord is going to find themselves in hot water if the tenant takes a case against them. An illegal eviction is just that, and nothing written into a lease can ever supersede the tenancy laws.0 -
leeomurchu wrote: »It is if it's written into the tenancy agreement that there's to be no parties during the working week or any complaints received from neighbours will be deemed a breach of said agreement and result in eviction.
It's all about the wording in his contract unless we get a chance to read it we may aswell be tapping our finger tips on the wall.
You keep repeating this but it's not as simple as you make it out to be. In tenancy disputes the tenant has most of the rights. A landlord needs to make a very good case in order to turf out someone with a 12 month lease out of their home.
The PRTB won't let someone lose their home without even having received a first written warning.0 -
leeomurchu wrote: »Are you not just reiterating my point about the tenancy laws being strongly in favour of the tenant? We could play this merry dance all night
the agreement between landlord and tenant is legally binding if the landlord has added clauses the tenant should've been made aware of these.
Yes it's harsh what's happened.
Yes I do think he will get his deposit returned to him.
Yes I do think a party on a Monday night was ill advised.
And finally for those in the cheap seats we've no idea what his tenancy agreement does or does not include.
Good Luck in your new place OP but easy on the Monday night parties
Dude, if you think the OP is getting evicted over this, you must be smoking the strongest pixie dust in the known universe.
Have you ever tried to evict a tenant? It is an 18 month process, and even for serious ASBO cases will take 6 months or more.
My tenant from hell decided to up and leave one day - thank God, as he owed me 2 grand in back rent and simply just wasn't paying it. Landlords just can't get rid of scumbag tenants.
Wake up to reality and stop trying to frighten the OP.
OP: Tel the landlord you are going nowhere. Tell her to start the formal eviction process. Your lease will be up before she gets you out!
Is your tenancy registered with the PRTB? If not, you still get full protection and the LL can be fined.
Additionally, if your tenancy is not registered, then it is very likely that your LL is not paying tax on the rent. Call the Revenue.
Best case for you is an illegal eviction by the way - you will get a minimum 10k compensation.0 -
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