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Landlord House Raid
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its not awful advice...if my landlord burst into my apartment early in the morning and pulled the blankets of myself and my girlfriend. I would put him/her out of the apartment first, forcefully if need be and then call the guards straight away and have them question him/her for assault.
This is assault, plain and simple.0 -
How is it assault?whomitconcerns wrote: »its not awful advice...if my landlord burst into my apartment early in the morning and pulled the blankets of myself and my girlfriend. I would put him/her out of the apartment first, forcefully if need be and then call the guards straight away and have them question him/her for assault.
This is assault, plain and simple.
http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html0 -
Hi all,
Just seeking some advice on a recent matter that has come up. As a bit of background, myself and my 5 friends (all female) have been paying outrageous money (3000 per month) to rent a house with extremely poor living standards in South Dublin since September. We have been very quiet tenants and had never received any complaints in the past. Our landlord, to cut a long story short, is an absolute cowboy, has broken almost every promise ever made and is not PTRB registered. This aside, due to the location of the house and how desperate we were to find somewhere to live we have put up with the appalling conditions.
This Monday, the 25th, we had a predrinks party before a night out. About 50 guests were here from between 8-11 and to be honest it was a loud party. The guards were called and they were very nice, told us to get everyone out and turn down the music which we did. We went out and there was nothing more thought of it.
We do accept full responsibility for the party and we have called over to our neighbours, of which we are friendly with, to apologize for the noise.
We came home from the night out as normal and went to bed. Five non-resident friends stayed over (one of which being my boyfriend), but this was nothing out of the ordinary.
This is where the issue arises- the next morning I was awoken to our landlord bulling through the house, in a hurricane like rage shouting at the top of his lungs. One of our guests opened the door and he charged in unannounced shouting for any non-residents to get out of 'his house'. He was cursing and causing a massive scene on the second floor when I woke.
Mere minutes later he charged upstairs, came into my bedroom, pulled the duvet off myself and my boyfriend ordering him out of the house. To be honest I was mortified and didn't know what to do. The landlord proceeded to take photos of the house, the mess from the party and ensured all non-residents had left. He then sent an absolute stinker email to all our parents making our college home sound as if it had been destroyed, which is absolutely not the case. He also informed them of the 'non-resident males on the premises' and made our house sound like a brothel.
He was extremely aggressive and left us all quite scared. I'm just posting to ask legally where we stand in this situation and how to proceed? We have been in contact with other students who have rented from him previously and unfortunately it is all similar stories we have heard.
Sorry for the length, any help is appreciated thank you.
The PRTB tribunal takes about a year to happen. Your immediate action is through the Guards - if someone rushed into your bedroom pulled the duvet off you and started threatening you you would have reasonable apprehension that you are about to be immediately assaulted under s2 non fatal offences against the person act, so you and your boyfriend were assaulted, similarly if he entered the house without your permission with the intention of committing this assault you have the proofs there for burglary. Ask everyone present to make notes of what exactly happened then go to the guards with your notes and your list of witnesses. Then prepare your case for the PRTB including that the Guards are investigating a burglary and assaults. Also edit your first post as this will be sub judice. Best of luck.0 -
StillWaters wrote: »
Well..A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly....(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,
In the circumstances that were described I am pretty sure a reasonable person might imagine they were potentially going to be assaulted if they were still half asleep when it happened....
So i will stick with assault..0 -
OP as has been said report it to the Guards straight away, and don't be fobbed off by "it's a civil matter". Even if nothing happens, at least it's on record. Lodge a dispute with the PRTB and report him to Revenue.
If your names are on the lease and he's insinuating things to your parents, I'd take legal advise about a possible defamation case.0 -
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I'm finding it hard to imagine how counsel could successfully claim that the actions described didn't constitute assault. A trespasser on your property yelling abuse and hauling the sheets off your bed? If that doesn't give rise to a reasonable belief that the trespasser is going to attack you, we need new laws.
And the party isn't relevant. It really isn't. The landlord, going on the facts described, committed trespass and assault against tenants who were barely awake, several hours after any immediate issue had ceased. There's an appropriate way to deal with a situation like this, and he didn't do it.0 -
OP i think this should be thread should be closed asap if you are going to go the police with it....before your case gets muddied..BTW if you dont go to police your mad...0
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Im with everyone else who said call the Gardai. Him entering the property is probably a civil matter, but him bursting into your bedroom and pulling off your duvet is very much a matter for the Gardai. If that were me I would be raising absolute hell for him for pulling that stunt.0
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I really don't think people are applying the logic they are talking about to the rest of life. If a customer got angry and shouted in a restraunt you couldn't call it assualt and attack them.desertcircus wrote: »I'm finding it hard to imagine how counsel could successfully claim that the actions described didn't constitute assault. A trespasser on your property yelling abuse and hauling the sheets off your bed? If that doesn't give rise to a reasonable belief that the trespasser is going to attack you, we need new laws.
And the party isn't relevant. It really isn't. The landlord, going on the facts described, committed trespass and assault against tenants who were barely awake, several hours after any immediate issue had ceased. There's an appropriate way to deal with a situation like this, and he didn't do it.
THe LL is known to the tenants and was shouting about what went on. It isn't reasonable to call it assault in the same way a customer wouldn't be seen as assualt in a restraunt.
It is a civil matter and not trespassing as people like to claim. Yes it is against civil law but not a criminal offense. I can not see how the guards would do anything. It works both ways too as I experience myself. Tenants up stairs from my flat decided to have a party. I asked him to keep it down (I was LL son managing the property) he threatened me as did his party goers. I called the police they turned up and the guy threatened to kill me more than once in front of the police and they did nothing. The party goers left and one pushed me in front of the guards and they did nothing.
You think they would haul a LL out giving out to tenants?
Tenants friends tried to break in to the place when he wasn't there once and the guards wouldn't even come down.
I can tell from bluster here that many people are thinking of some idealistic world and not the one we live in. Que people telling me I should have made a formal complaint against the guards for not doing their job.
OP make a complaint against the LL to the PRTB. His behaviour was completely unaccebtable. The idea of him entering your bedroom and stripping the bed clothes is shocking. He can argue he was let in but he can't avoide the stripping the bed clothes in anyway. If you were my daughter I would be furious and unlikely to let it go without confrontation0 -
OP make a complaint against the LL to the PRTB. His behaviour was completely unaccebtable. The idea of him entering your bedroom and stripping the bed clothes is shocking. He can argue he was let in but he can't avoide the stripping the bed clothes in anyway. If you were my daughter I would be furious and unlikely to let it go without confrontation
If I burst into your bedroom and pulled the blankets from you, you wouldnt fear something bad might be about to happen??????????????? Seriously? Its a criminal matter...and a civil matter.
And if the BF has not seen the landlord before, he would think its some psycho stranger...you still think this is not worthy of fear for your safety?0 -
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Ray Palmer wrote: »I really don't think people are applying the logic they are talking about to the rest of life. If a customer got angry and shouted in a restraunt you couldn't call it assualt and attack them.
THe LL is known to the tenants and was shouting about what went on. It isn't reasonable to call it assault in the same way a customer wouldn't be seen as assualt in a restraunt.
It is a civil matter and not trespassing as people like to claim. Yes it is against civil law but not a criminal offense. I can not see how the guards would do anything. It works both ways too as I experience myself. Tenants up stairs from my flat decided to have a party. I asked him to keep it down (I was LL son managing the property) he threatened me as did his party goers. I called the police they turned up and the guy threatened to kill me more than once in front of the police and they did nothing. The party goers left and one pushed me in front of the guards and they did nothing.
You think they would haul a LL out giving out to tenants?
Tenants friends tried to break in to the place when he wasn't there once and the guards wouldn't even come down.
I can tell from bluster here that many people are thinking of some idealistic world and not the one we live in. Que people telling me I should have made a formal complaint against the guards for not doing their job.
OP make a complaint against the LL to the PRTB. His behaviour was completely unaccebtable. The idea of him entering your bedroom and stripping the bed clothes is shocking. He can argue he was let in but he can't avoide the stripping the bed clothes in anyway. If you were my daughter I would be furious and unlikely to let it go without confrontation
There is a universe of difference between getting yelled at by a customer in your place of work (which is unpleasant, but not especially unusual) and being yelled at by a trespasser in your home who's pulling the sheets off your bed. It would not be reasonable to fear attack from a pissed-off customer; it would be entirely reasonable to fear attack from a trespasser in your home pulling the bedclothes off you.0 -
Ray Palmer wrote: »I really don't think people are applying the logic they are talking about to the rest of life. If a customer got angry and shouted in a restraunt you couldn't call it assualt and attack them.
THe LL is known to the tenants and was shouting about what went on. It isn't reasonable to call it assault in the same way a customer wouldn't be seen as assualt in a restraunt.
It is a civil matter and not trespassing as people like to claim. Yes it is against civil law but not a criminal offense. I can not see how the guards would do anything. It works both ways too as I experience myself. Tenants up stairs from my flat decided to have a party. I asked him to keep it down (I was LL son managing the property) he threatened me as did his party goers. I called the police they turned up and the guy threatened to kill me more than once in front of the police and they did nothing. The party goers left and one pushed me in front of the guards and they did nothing.
You think they would haul a LL out giving out to tenants?
Tenants friends tried to break in to the place when he wasn't there once and the guards wouldn't even come down.
I can tell from bluster here that many people are thinking of some idealistic world and not the one we live in. Que people telling me I should have made a formal complaint against the guards for not doing their job.
OP make a complaint against the LL to the PRTB. His behaviour was completely unaccebtable. The idea of him entering your bedroom and stripping the bed clothes is shocking. He can argue he was let in but he can't avoide the stripping the bed clothes in anyway. If you were my daughter I would be furious and unlikely to let it go without confrontation
There are two matters at hand here:
Entering the property - civil matter
Entering bedroom and stripping bed clothes - criminal matter
It is the latter that I would be persuing. Its far beyond a matter for the PRTB and definitely one that the Gardai need to be involved in.0 -
dissed doc wrote: »Causing a nuisance that requires having the police arrive is not a typical party. It was obviously going overboard. Did you have police and double the people at your last Christmas party? Is that not also entirely OT?
No police but that would only take one disgruntled neighbor. Like I said I had 25 / 30 people over at Xmas, family and friends. I was conscious of my neighbors but music was playing and drinks were had.
Granted it wasn't a student party but that is part of the reason the LL acted in that way. No offense OP but if grown man lived in that apartment I don't think that would have happened. I dislike the word but the LL bullied them.
If the LL came around and gave them a ticking off I would say drink it up and accept it but he didn't. His behavior was outrageous.0 -
There is a universe of a difference to a trespasser and a LL entering a property illegally. Lots of ifs, ands, buts amount to nothing.desertcircus wrote: »There is a universe of difference between getting yelled at by a customer in your place of work (which is unpleasant, but not especially unusual) and being yelled at by a trespasser in your home who's pulling the sheets off your bed. It would not be reasonable to fear attack from a pissed-off customer; it would be entirely reasonable to fear attack from a trespasser in your home pulling the bedclothes off you.
You think the DPP is going to bring a case against the LL? Get real it won't happen. There is the law and then there is what would be a succesful case. A case would not be brought do you really think it is probable?
OP go to the guards if you are really that upset but realistically it won't make any difference. You are getting a lot of unrealitic outrage about what could possibly be done but you can be sure none of the people suggesting this have any experience of the reality. You will be more succesful with a PRTB case.0 -
Ray Palmer wrote: »There is a universe of a difference to a trespasser and a LL entering a property illegally. Lots of ifs, ands, buts amount to nothing.
You think the DPP is going to bring a case against the LL? Get real it won't happen. There is the law and then there is what would be a succesful case. A case would not be brought do you really think it is probable?
OP go to the guards if you are really that upset but realistically it won't make any difference. You are getting a lot of unrealitic outrage about what could possibly be done but you can be sure none of the people suggesting this have any experience of the reality. You will be more succesful with a PRTB case.
How far it would go might be questionable, but are you seriously suggesting that if this happened to you (or your daughter) that you would piss about with a PRTB case rather than going straight down to the Gardai? The landlord entering the property is a matter for the PRTB; what he did once he was in the property is something that absolutely should be reported to the Gardai. Let them decide whether or not they think it is something that they can persue, but I strongly suspect that they would take it a lot more seriously than you seem to think. A grown man barging into the bedroom of a female college student, stripping off her bedclothes and harrassing her? No way should that go unreported.0 -
1) Did the gardai arive before 11, I didnt think they were allowed deal with noise complaints before 11pm, and certainly not allowed tell people to leave, just to keep quiet.
2) for 3000 a month for a 5 bedroom house It would want to be detached, if this is the case how much noise was there to warrant the gardai coming around ?
3) what your landlord did is totally unnaceptable , and for whatever reason he has your parents contact details, he should not have contacted them.
Not to speculate on how this came about but if the gardai are being called to a house before / at 11pm and your landlord was called , I'd say you have a very cranky nosy neighbor who knows the LL and may have told him things other than drinking were going on.0 -
Thanks so much everyone for the effort put into these responses, especially quietsailor, we are so grateful. We were unsure how this situation would be viewed by more mature adults, outside our concerned parents, but the responses have encouraged us to definitely take this further. What would people advise doing first? We have since cleaned the entire house and the landlord has said he's coming here on Thursday, but this is unlikely.
Do not let him in unless you have one of your parents there. If you haven't done so, immediately all five of you and anybody who stayed that night and were turfed out, go to the Guards.
He does not have the right to enter your the property without prior notice. And it is sexual assault to attack you when you are in your bed.
Do not hesitate, go to the Guards immediately, and tell your parents what happened - you are students and entitled to get up to mischief (its your job) your parents are probably only relieved this is the first party you've had.
I'm a parent and would back my child unconditionally against a landlord bully - then go to PRTB, Revenue, etc, and tell him you are doing it.
If your deposit is in doubt (as its obviously in his account) don't pay your last months rent until him and your parents have agreed there is no damage and no reason for him to withhold it. I know I know, you are not supposed to advocate suspending rent, but its €3,000, not peanuts.
Withholding money might put manners on the brute.0 -
dissed doc wrote: »For reference:
•Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency
I suspect if the washing machine had been broken in the party, the tenant's rights brigade would be demanding repairs.
It's clearly an emergency if the police are at a property (the Gardai *are* the "emergency services" FFS) and the resulting damage is unknown. If there is a pTRB complaint, evidence needs to be seen as to the state of the property after the damage (police, drugs, flooding, etc., )
He turned up the following morning; any emergency had passed. His desire was to vent his displeasure not protect or secure his property. In doing so, he caused or incited fear and seems to have committed a number of offences. In having the party, the students may have breached terms of the lease and caused nuisance but did not (in spite of the presence of the guards) commit any offences. His actions are inexcusable and should be punished. To the extentthere is damage, he should recover the cost of it. However, that does not provide a reason for his actions.0 -
Withholding money might put manners on the brute.
It will also harm any case they may need to take with the PRTB against him sadly. Youre not wrong in what you say about the deposit being a lot to lose, but its a route they would want to tread carefully down. I certainly wouldnt be recommending withholding that amount of money.0 -
How far it would go might be questionable, but are you seriously suggesting that if this happened to you (or your daughter) that you would piss about with a PRTB case rather than going straight down to the Gardai? The landlord entering the property is a matter for the PRTB; what he did once he was in the property is something that absolutely should be reported to the Gardai. Let them decide whether or not they think it is something that they can persue, but I strongly suspect that they would take it a lot more seriously than you seem to think. A grown man barging into the bedroom of a female college student, stripping off her bedclothes and harrassing her? No way should that go unreported.
I wouldn't go to the guards as I know nothing would happen. So yes I am seriously saying that. I would go to the PRTB where it would be handled financially. The outrage should be realistic. He didn't go into sexual assualt her and as for harrasing her I think that is overblowing it. He shouted at her for upsetting the neighbours far from harrasment. Was it perssitant over days or weeks, no then it wasn't harrassment. You should look up the meaning becasue he didn't harrass her according to her account.
Common sense illustrates this for waht it was an angry landlord not a sexual deviant trying to strip a young girl. You are just trying to blow it up to more than it is. Highly inappropriate and stupid thing to do but nothing more than that. It isn't assualt, harrassment,rape etc... Seriously if you dealt with actual criminals and violent assualts would you think this is a big deal?0 -
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Each to their own I guess. Dont get me wrong, Id be taking a case with the PRTB against this guy also, but I have no idea why you think the OP shouldnt at least report the incident to the Gardai. If they decide that its not worth acting upon then so be it, however if they do decide to persue it further then maybe this prick will get the wake up call that it sounds like he needs. If nothing else, Id want a police report on record of the incident in case something similar were to happen again.0
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Speaking as a landlord, I'm outraged by what this man did. I had a serious issue with tenants before (worse than a noisy party), it was the most stressful week of my entire life but it ended without me having to kick the door down, roar and shout and remove the duvet off the bed where they were sleeping.
You should never ever be scared of your landlord and if he has history with this sort of stuff then it's just another reason to get out. He sounds like a bully of the highest order.
OP, no matter where the location is or how desperate you are to find somewhere to live, you need to get yourself out of this house asap. I would hope you have been in touch with the PRTB by now. You're probably wasting your time with the guards, that's up to you. It certainly wouldn't do any harm and might give him a bit of a fright. But it is your duty to get the PRTB involved. He is legally obliged to register with them and it sickens me that there are people out there who think they are above the law like this.
If you do decide to move then at least make sure your next landlord is registered. And also be careful that this bully doesn't try to withold some or all of your deposit for 'damages' as you did say nothing was damaged during the party.
The bottom line here is that this man needs to be reported to the PRTB quickly as he had no right whatsoever to barge into the house unnanounced, roaring and shouting and intimidating people... and anyone who says otherwise is talking through their arse.0 -
Ray Palmer wrote: »I wouldn't go to the guards as I know nothing would happen. So yes I am seriously saying that. I would go to the PRTB where it would be handled financially. The outrage should be realistic. He didn't go into sexual assualt her and as for harrasing her I think that is overblowing it. He shouted at her for upsetting the neighbours far from harrasment. Was it perssitant over days or weeks, no then it wasn't harrassment. You should look up the meaning becasue he didn't harrass her according to her account.
Common sense illustrates this for waht it was an angry landlord not a sexual deviant trying to strip a young girl. You are just trying to blow it up to more than it is. Highly inappropriate and stupid thing to do but nothing more than that. It isn't assualt, harrassment,rape etc... Seriously if you dealt with actual criminals and violent assualts would you think this is a big deal?
Ray you are utterly hilarious, realistically speaking the waffle that you are typing is incredible.
In no world in this country is a landlord permitted to storm into a property unannounced and enter someones or multiple bedrooms and disturb people within their beds and pull bed clothes from their person.
I actually think you are insane that you can be so glib about this. This man needs to get a stern warning from the guards about his actions. Its not acceptable and you dressing it down is nothing short of laughable.
There is no fake outrage here. The incident is plain and simply not on.0 -
Hi Op, I hope you've managed to relax a little, that was a ****ty experience to go through.
There's a few things you need to do to prepare yourself, they were all stated in the thread but I'll try and summarise them;- Write down everythng that happened, keep it calm and factual, no embellishing, no leaving things out - even if it makes you look bad, looking like a liar will damage any case you have.
- Contact the guards and get their side of the story - the ones that called that is - if you were polite to them on the night of the party and stopped it as soon as possible they will say that
- Contact the SU and ask for their advice, ask for one of them to accompany you when you go to the various authorities.
- Contact the Citizens information & FLAC bureaus
- Talk to your parents and get their help
- Complain to the college accomodation office
- Make a formal complaint to the Gardai, don't be fobbed off with "shur thats a civil matter, nothing to do with us" someone quoted the relevant statute earlier in the thread, print that off and bring it with you. Ask a parent or a SU member to go with you, it makes it more formal and the Garda will be less likely to try and not deal with you
In both places above DON'T EMBELLISH THE STORY, if your caught out at that it ruins your case. - Start a PRTB case against him, he can't enter your home without permission and it wasn't an emergency, that case will probably expand - was the house fit for renting, is he registered (Check here. Be aware it can take a few weeks for the pRTB to update the register so it's not automatic he hasn't registered you.
- Ring the local council and ask to have the house inspected as you think it's unfit for renting - check the standards here and see if you think he's breaking any of them badly - is there a BER supplied with the property?
- Contact the Revenue and say your renting at this address and your not sure if it's registered. Leave it at that, you don't know if he's declaring you or not so don't accuse him of not declaring you, let the revenue decide that.
Be ready for a couple of things that might happen;- He can take a PRTB case against you - he'll probably use a case like this one to make an excuse for what he did, a one off party isn't an excuse. He'd also say that you damged the house so try and collect photos taken during the year to show the condition of the house, ie that it was always that way. In a perfect world you would ahve taken photos of every room before you moved in but you probably didn't?
- He can complain you to the college disciplinary committee, again if you all have your stories written down in order he'll find it very hard to ge tyou in trouble
OP I'm assuming everything that happened is as you've written and this is the first problem you've had with the LL. If you've been having parties all year, getting warnings about them and not heeding those warnings you've a very reduced case against him, most authorities will side with him on the balance of things.0 -
If you barge into a house uninvited and pull a duvet off a girl in bed, it's sexual assaultthegreengoblin wrote: »Speaking as a landlord, I'm outraged by what this man did. I had a serious issue with tenants before (worse than a noisy party), it was the most stressful week of my entire life but it ended without me having to kick the door down, roar and shout and remove the duvet off the bed where they were sleeping.
You should never ever be scared of your landlord and if he has history with this sort of stuff then it's just another reason to get out. He sounds like a bully of the highest order.
OP, no matter where the location is or how desperate you are to find somewhere to live, you need to get yourself out of this house asap. I would hope you have been in touch with the PRTB by now. You're probably wasting your time with the guards, that's up to you. It certainly wouldn't do any harm and might give him a bit of a fright. But it is your duty to get the PRTB involved. He is legally obliged to register with them and it sickens me that there are people out there who think they are above the law like this.
If you do decide to move then at least make sure your next landlord is registered. And also be careful that this bully doesn't try to withold some or all of your deposit for 'damages' as you did say nothing was damaged during the party.
The bottom line here is that this man needs to be reported to the PRTB quickly as he had no right whatsoever to barge into the house unnanounced, roaring and shouting and intimidating people... and anyone who says otherwise is talking through their arse.0 -
Ray Palmer wrote: »There is a universe of a difference to a trespasser and a LL entering a property illegally. Lots of ifs, ands, buts amount to nothing.
You think the DPP is going to bring a case against the LL? Get real it won't happen. There is the law and then there is what would be a succesful case. A case would not be brought do you really think it is probable?
OP go to the guards if you are really that upset but realistically it won't make any difference. You are getting a lot of unrealitic outrage about what could possibly be done but you can be sure none of the people suggesting this have any experience of the reality. You will be more succesful with a PRTB case.
There really isn't a legal difference at all. The landlord is entering into a private residence without the permission of the people who have the right of occupation. That's trespassing, plain and simple. Whether the DPP chooses to bring a prosecution is irrelevant to the question of whether an offence was committed. In addition, there may be scope for the OP to sue the landlord irrespective of the decision of the DPP.0 -
Ray Palmer wrote: »He didn't go into sexual assualt her and as for harrasing her I think that is overblowing it. He shouted at her for upsetting the neighbours far from harrasment. Was it perssitant over days or weeks, no then it wasn't harrassment. You should look up the meaning becasue he didn't harrass her according to her account.
Common sense illustrates this for waht it was an angry landlord not a sexual deviant trying to strip a young girl. You are just trying to blow it up to more than it is. Highly inappropriate and stupid thing to do but nothing more than that. It isn't assualt, harrassment,rape etc... Seriously if you dealt with actual criminals and violent assualts would you think this is a big deal?
Are you for real? Since when did shouting at your tenants make sense? Because your thinking is so fcuking twisted, I'm going to outline what a normal, proportionate response would be and compare it to what he did.
1. Party happens, gardai called, party disperses and tenants apologise to neighbours. Landlord gets wind of this.
Normal
2. Next day, landlord calls one of the tenants and asks what went on, he hears there was a party and the gardai got called, neighbours are still upset. Please don't do it again. Explains he's concerned about what state the place might be in and whether anything got damaged. Can he call around in a couple of days to check on the place? If they start acting the eejit and trying to say no (if some damage WAS done, for instance) he seems to have contact details for their parents. Call the parents, explain politely that there was a party in the house, [if it is against the terms of the lease, mention that], it was bad enough to upset the neighbours into calling the gardai and he'd like to just make sure that there's no serious damage done to the property. He'd like to inspect but their little darlings won't let them. Any chance the parents could please ask them to let him inspect?
3. More than likely, house is cleaned post-party and landlord is happy - or notes any damage and lets them know it'll come out of the deposit. Situation over.
What he did
2. Bang the door down, enter WITHOUT permission from the tenants having provided NO notice or even attempting to contact them, storm around THEIR home shouting and roaring. Barges into a bedroom where he finds a young girl in bed with her bf. It doesn't take a world of cop on to work out that they might not have clothes on. He rips the duvet off them whilst shouting at them and kicks out the lad who has every right to be there as a guest. I'm gonna make this point really really clear for you. He ripped the duvet off a young girl knowing full well that she might be naked. And you think that DOESN'T warrant a trip to the gardai? You think that THAT is how to deal with tenants who have a party? I mean, in all reality, once they knew there were complaints the party broke up and that was that. All that's needed there is a word with them not to do it again as it upset the neighbours and it's made him concerned about the state of the property. End of.
So, Ray, can you spot the difference? I can't believe you think that ANYTHING he did is remotely in the realm of acceptable. He barged through a house that he entered without permission, shouting at the occupants and sexually harassed a girl. That's right, sexually harassed. You can't just enter a property you've no right to enter and rip bed clothes off people who more than likely are in some state of undress.
I think most gardai WOULD act on that. In fact, I know they would. Why? It's a crime. If I fcuked up in work and got called in in front of the boss, and the boss is shouting at me, what does ripping my clothes off achieve? It's the same bloody thing.0 -
Thanks everyone for the responses, we have received more than enough information and will be pursuing this further. Would hate to think the same thing would continue to happen to other students. Could a moderator please close this thread, thanks again.0
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You need to be careful about taking legal advice from people who are not qualified to give it. That includes the Gardaí. You should speak with a solicitor before taking any action because that way, you are protected.Thanks everyone for the responses, we have received more than enough information and will be pursuing this further. Would hate to think the same thing would continue to happen to other students. Could a moderator please close this thread, thanks again.
It's a horrible situation not to feel secure in your own place.0 -
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Yes there is a legal difference, there are seperate laws about it for that very reason. It is not trespassing plain and simple. Entering the property to give out to tenants would not be seen as trespassing but it is against the legislation of renting a property. Seperate laws not the same. Go look it updesertcircus wrote: »There really isn't a legal difference at all. The landlord is entering into a private residence without the permission of the people who have the right of occupation. That's trespassing, plain and simple. Whether the DPP chooses to bring a prosecution is irrelevant to the question of whether an offence was committed. In addition, there may be scope for the OP to sue the landlord irrespective of the decision of the DPP.
The nature of the offense is very different and whether the DPP will prossecute certainly does make a difference.
What people here seem to think is I have defended his actions which I haven't once nor excused them. I am stating a realistic and senisible approach by thinking about it. Claims that it is sexual assault is insulting to be people who have been sexually assualted.
The LL was wrong but nothing more than that and there is no way the guards will get involved. I know this from expereince dealing with tenants and guards. The guards did nothing while a tenant screamed abuse at me and threatend to kill me IN FRONT OF THEM. Yet somehow you think the guards will pull out all the stops when they hear an account from a tenant and their friends? What they should do and what they will likely do are not the same thing. What should the guards have done in my case?
BTW the tenant attempted to carry out his threat and they did nothing then too. He kicked in my door late at night and attacked me. A lot more evidence than somebody's word.
All those complaining about my view based on expereince just give me an example where you have had the guards actually behave how you are saying they will. Not just how you think it will and should work. I have explained why I think it is pointless going to the guards.0
This discussion has been closed.
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