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Is a landlord entitled to hold onto personal pocessions?

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  • 07-10-2012 8:26am
    #1
    jbr
    Registered Users Posts: 4 ✭


    Hi,
    Just looking for information to help a young one. She got evicted over a family dispute with no notice. All her pocessions were in the house. the owners of the house had arranged with people to collect her pocessions on her behalf because they didnt want to see her. But when they go to collect the pocessions the owners had changed their minds and are keeping the pocessions as payment for costs to remove fixed items. Even though they agreed she can have the fixed items in the house. Are they allowed to keep her personal property to sell and use the money to restore the house to the previous condition, before they invited her to live with them.


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    #2
    Sir Oxman
    Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    jbr wrote: »
    Hi,
    Just looking for information to help a young one. She got evicted over a family dispute with no notice. All her pocessions were in the house. the owners of the house had arranged with people to collect her pocessions on her behalf because they didnt want to see her. But when they go to collect the pocessions the owners had changed their minds and are keeping the pocessions as payment for costs to remove fixed items. Even though they agreed she can have the fixed items in the house. Are they allowed to keep her personal property to sell and use the money to restore the house to the previous condition, before they invited her to live with them.

    That would be a no.


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    #3
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Evicted with no notice? I would suggest that the tenant gets onto the PRTB and lodges a case; it could well end up with the landlord having to sell possessions to come up with the fine that they will be handed out...

    In short, no the landlord cannot withhold possessions to sell; that is common theft and the tenant would be well within their rights to report the landlord to the Gardai.


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    #4
    kodoherty93
    Closed Accounts Posts: 169 ✭✭kodoherty93


    If you call the prtb(if the landlord kept your daughters processions and didn't give her notice realistically he didn't register). But if he did it would take usually 12 months for them to do anything.

    But since they kept everything. Would you not threaten the landlord with
    1) not giving your daughter the 3 warnings required under law(2 verbal warnings + 1 written with 30 days notice)
    2) they kept your daughters items isn't that technically theft. Why don't you file a report with the gardas as theft. I know where I live in Dublin within filling anything the gardas are on it in a few hours

    In short prtb are slow and try everyone else first maybe thresholds


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    #5
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    PRTB wont deal with you unless you have dealt with THRESHOLD first.


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    #6
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    dont think we have the full story here.

    Family dispute ? Doesnt sound to me like this is an official tennancy ergo wouldnt be covered by tennacy law. Sounds to me liek a civil matter but the OP needs to provide more detail.


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    #7
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    D3PO wrote: »
    dont think we have the full story here.

    Family dispute ? Doesnt sound to me like this is an official tennancy ergo wouldnt be covered by tennacy law. Sounds to me liek a civil matter but the OP needs to provide more detail.
    That's my readng too, kicked out of the family home? Is there someone, an aunt or whoever can act as in intermediary?


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    mrsbyrne wrote: »
    PRTB wont deal with you unless you have dealt with THRESHOLD first.

    Threshold is only an advisory service; I dont think that there is anything to say that you have to go through them first before you go to the PRTB if you know where you stand and know what you want to build your case on?


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    #9
    AnonoBoy
    Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    djimi wrote: »
    Threshold is only an advisory service; I dont think that there is anything to say that you have to go through them first before you go to the PRTB if you know where you stand and know what you want to build your case on?

    Have you seen how long it takes the PRTB to deal with anything? They are swamped with work and have only a skeleton staff. You'd be lucky to get them on the phone.

    If you've been evicted then definitely get on to Threshold first. They will make contact on your behalf with the landlord. This is always your first port of call.


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    StillWaters wrote: »
    That's my readng too, kicked out of the family home? Is there someone, an aunt or whoever can act as in intermediary?

    The OP said they were evicted due to a family dispute; doesnt say whether it was their family, or what the arrangement was. When I was in college the son of our landlady tried to kick us out with virtually no notice because he decided that he wanted to live in the place himself. Families are strange things that can cause awkward situations!

    If its rent a room with an owner-occupier then agreed the PRTB wont be able to help and the only real route the OP has is with the Gardai.


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    #11
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    She's a lodger, not a tenant, going by the details in the post. The PRTB are of no use in that case.

    Best course of action now is to threaten to contact the Gardai if they refuse to let her take her stuff.

    If they continue to refuse, then the actually file a report with the Gardai.


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    #12
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    mrsbyrne wrote: »
    PRTB wont deal with you unless you have dealt with THRESHOLD first.


    This statement is completely wrong. You should retract it.


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    #13
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    Sounds more like the rent a room scheme.


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    #14
    Rasmus
    Registered Users Posts: 2,075 ✭✭✭Rasmus


    mrsbyrne wrote: »
    PRTB wont deal with you unless you have dealt with THRESHOLD first.

    Not the case at all. Threshold merely advises.

    OP: A claim can take PRTB months to process, in which time the landlords will have gotten rid of your young one's stuff. If it was me, I'd call the Gardai. It is difficult to get a clear picture of the issue though - like why did she just move out when asked and without her possessions? Is the family dispute within the tenants family?


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    #15
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Rasmus wrote: »
    If it was me, I'd call the Gardai. It is difficult to get a clear picture of the issue though - like why did she just move out when asked and without her possessions? Is the family dispute within the tenants family?
    Sounds like the OP's friend is a lodger, so the PTRB will be of no help. Just contact the Gardai.


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