Need help with landlord knocking on my door

Koptain Liverpool

I agree with you OP. Of course you should use your deposit as the last months rent as I'm sure your landlord would find some excuse to just keep your deposit otherwise. He sounds like a complete nutter.

the world wonders

discodavie wrote: »

And I'm guessing that the property is an old one and requires a fair bit of maintenance , I have a few and I'm there 2-3 days a week for bits and pieces

Exactly what kind of hovel are you renting that requires you to call over 3 times a week to fix stuff? The place must literally be falling apart...

Pawwed Rig

discodavie wrote: »

What laws are you referring to ?

A tenants right to peaceful enjoyment of the property?

discodavie

the world wonders wrote: »

Exactly what kind of hovel are you renting that requires you to call over 3 times a week to fix stuff? The place must literally be falling apart...

I'm there twice a week at least, once to put bins out and again the following day to bring them in. While there I check inside for any bills that have come for me or previous tenants. The other check I do on either day is check that the bulbs are working in the hall and landing, for which I don't have to go upstairs but if a bulb is gone i'd replace it straight away.

Last year I spent a fair bit of time on one place painting the railing fence outside, clearing the debris from the back yard, painting all the woodwork that's left outside as well as the hall and hall roof which brings me to an average of 3 days per week over the year.

My places are no palaces but hovels they certainly are not....

Pawwed Rig wrote: »

A tenants right to peaceful enjoyment of the property?

From the act

12.—(1) In addition to the obligations arising by or under any
other enactment, a landlord of a dwelling shall—
(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,


And lets not forget the LL's right to be paid...


Him knocking to collect rent is, at best, a grey area, at worst borderline harassment. I say borderline only because he hasn't entered the tenants property only the hallway.

as far as I can see in the act there is no provision other than the 14 day notice, but he could just claim he was trying to give that to them, pure speculation.

I do agree that the LL is not handling it right , however neither is the OP

Pawwed Rig

discodavie wrote: »

And lets not forget the LL's right to be paid...


Him knocking to collect rent is, at best, a grey area, at worst borderline harassment. I say borderline only because he hasn't entered the tenants property only the hallway.

as far as I can see in the act there is no provision other than the 14 day notice, but he could just claim he was trying to give that to them, pure speculation.

I do agree that the LL is not handling it right , however neither is the OP

That is true but whose rights take precedence? I would argue that the PRTB will back a tenants rights over a landlord any day of the week.

But yeah I pretty much agree with all you're saying here. Both have handled things badly.

Ray Palmer

Pawwed Rig wrote: »

That is true but whose rights take precedence? I would argue that the PRTB will back a tenants rights over a landlord any day of the week.

But yeah I pretty much agree with all you're saying here. Both have handled things badly.

While I agree the PRTB will probably side with a tenant it just illustrates it is not a fair system. It should be impartial

djimi

Its entirely possible that the PRTB will see both parties as being in the wrong here. How they would adjudicate I dont know, but the OP has done themselves no favours whatsoever (from a legal point of view) by withholding rent.

discodavie

Pawwed Rig wrote: »

That is true but whose rights take precedence? I would argue that the PRTB will back a tenants rights over a landlord any day of the week.

This is a skewed way of looking at the process to be honest. I've ended up in front of the board on 3 occasions once brought a tenant and twice brought by tenants.

I won each time but only because the tenant was alleging that I was "misbehaving " and once for breach of LL obligations.

(cripse I sound like a scumlord rather than a landlord ) :rolleyes:

The board expects the landlord to be aware of his obligations but gives lee way for tenants who don't know they're responsibilities which is why some LL's see it as being biased in favor of the tenant rather than the landlord having to know the laws regarding hire own business.

The_Conductor

aur wrote: »

I told threshold and they said he cannot do anything legally apart from terminating the lease and give me a 28 days notice which he already gave me. His right is to retain my deposit then. All in one ist the same as im not staying after 28 days without not paying him.

Not true.
Providing he has registered the tenancy with the PRTB, it is the landlord's perogative to take a case against you for non-payment of rent.
Meanwhile the case that you have initiated, will be torpedoed, by virtue of your non-payment of rent.

Paying your rent is not something that you can choose to shirk.

When you lodged your PRTB case- did you tell them that you didn't pay the last month's rent?

As for Threshold telling you that the landlord could do nothing legally, aside from terminating your lease, if you don't pay the rent- I'm sorry, I refuse to believe they said this to you. Most of the good people in Threshold are quite well aware of the provisions in the 2004 Residential Tenancies Act, and with the manner in which the PRTB functions. It would be an incredibly foolish person who suggests that the landlord has no comeback, save terminating the lease. He or she may choose not to pursue it- if its more trouble than its worth- however this is their prerogative- not yours.

Harassment by knocking on the door is one wrong- not paying your rent and utility bills, is quite another.

I would also question whether the strict rules governing contact apply here, as you do not have full and unimpeded use of the property- the landlord has maintained use of the garage and access etc. If in circumstances such as this- I saw a radio/tv on, and there was no reply at the door- I'd ring an ambulance as I'd presume there was something wrong with the inhabitant.

You've been given some dubious advice (or more pertinently, you've interpreted the advice you were given in a dubious manner) - which you've gone and compounded by deciding not to pay the rent.

discodavie

smccarrick wrote: »

If in circumstances such as this- I saw a radio/tv on, and there was no reply at the door- I'd ring an ambulance as I'd presume there was something wrong with the inhabitant.

I said that earlier I believe .....

djimi

smccarrick wrote: »

If in circumstances such as this- I saw a radio/tv on, and there was no reply at the door- I'd ring an ambulance as I'd presume there was something wrong with the inhabitant.

Really? I often go into the shower or whatever and leave the TV on. I sure as hell would not be impressed if I came out in towel to find my landlord and an ambulanceman standing there!

discodavie

djimi wrote: »

Really? I often go into the shower or whatever and leave the TV on. I sure as hell would not be impressed if I came out in towel to find my landlord and an ambulanceman standing there!

The way the op put it though the LL was knocking for ages and ages on the doors and windows. It would have been extreme but it may have been necessary. BTW the landlord does not have permission to open the door uninvited even for the ambulance service. He would need the Garda there for that.

If the ambulance need to break a door down it has to be done by the Garda and its my understanding that legally that's what would need to be done here (without the breaking part of course ) , but I might be wrong.

The_Conductor

discodavie wrote: »

The way the op put it though the LL was knocking for ages and ages on the doors and windows. It would have been extreme but it may have been necessary. BTW the landlord does not have permission to open the door uninvited even for the ambulance service. He would need the Garda there for that.

If the ambulance need to break a door down it has to be done by the Garda and its my understanding that legally that's what would need to be done here (without the breaking part of course ) , but I might be wrong.

The ambulance or firebrigade can break down a door if there is reason to believe there is an emergency. A Garda does not have to be present. I have gotten an ambulance to break down a door previously- I was in Dublin and my wife was at home and I feared (quite accurately as it turned out) that she had collapsed. I rang 112 and got an ambulance there. They broke down the door and found her unconscious in an upstairs bedroom. They had treated her and she had regained consciousness by the time I got there. If I know someone is present and not answering- I have called for an ambulance for other neighbours too- twice rightly, once wrongly (as in not required). Its what neighbours do for one another.

discodavie

Well I stand corrected so ,

I knew gardai and fire brigade could force access alright but I thought that because of health and safety bs that they had to get gardai or the fb to break the door etc...

aur

smccarrick wrote: »

The ambulance or firebrigade can break down a door if there is reason to believe there is an emergency. A Garda does not have to be present. I have gotten an ambulance to break down a door previously- I was in Dublin and my wife was at home and I feared (quite accurately as it turned out) that she had collapsed. I rang 112 and got an ambulance there. They broke down the door and found her unconscious in an upstairs bedroom. They had treated her and she had regained consciousness by the time I got there. If I know someone is present and not answering- I have called for an ambulance for other neighbours too- twice rightly, once wrongly (as in not required). Its what neighbours do for one another.

Wow poor wife you sound like a complete idiot. Anyway my issue is resolved now. Ive heard it was good to check on this forum for advice but it brings a bit everything. So many cooments that are out of order and no idea about my issue and like this woman put herself (i assumed it was) into my landlords shoes: yes but he has rights to be paid anyway even if he pisses you off for no reason. Im a woman and not afraid to say word as they are. For all the people who made sense thanks and for the rest just get a life. I just opened this account for that but going to close it as seeing some stuff people post on this forum is pretty disturbing and f**** up by either men or women but some would argue its fine just like for a landlord right to be paid his last month. GET REAL ii have no money to move out without the deposit so if he withhold it i wont get it right away from the PRTB.

Its pointless to argue especailly with the discodave and such that do not wish to help but that are landlords who are loitering around properties they rent all the time because they do not wish to call professionals to make repairs so they have to make the repairs all over again and for other many reasons they will give.

On the other hand Im sure you rent places with fake walls which i believe is or should be illegal espaceally asking 500/600 euso for a bedroom with walls that are made of cardboards and claiming it to be a studio?! My sister rents a studio in PARIS city center for the same price in a real building (which is another problem here as no studios in building or if they have some its 1000 euros or far off in Dublin 8) or a house would have thick walls ( you know in the 18 th century these houses had thick walls) NO one would Accept paying 600 euros for a room in a Doll House that you made up for real people? But you would argue its Dublin and there is such a high demand for places that anyone would be happy living in crap but im not and i think anyone should not be happy to have to hear a neighbous house ahower or toilet flushing or simply people talking and pay for it . If you can supply real walls a real place that feela like you are actually living inside a home and not in the streets or in a hostel dormitory then prices should be lowered down to 200 eruroa per month for 'studios' like that. Its not normal but its all another subject.

Amyway i hope i find a better place and and help myself as in candide 'il faut cultiver notre jardin' yes indeed because no one else would do it.

Pawwed Rig

There is gratitude for you. People take time out of their day to give a person advice based on their own experience:rolleyes:

As they say 'No good deed goes unpunished.'

Victor

aur wrote: »

Wow poor wife you sound like a complete idiot. Anyway my issue is resolved now. Ive heard it was good to check on this forum for advice but it brings a bit everything. So many cooments that are out of order and no idea about my issue and like this woman put herself (i assumed it was) into my landlords shoes: yes but he has rights to be paid anyway even if he pisses you off for no reason. Im a woman and not afraid to say word as they are. For all the people who made sense thanks and for the rest just get a life. I just opened this account for that but going to close it as seeing some stuff people post on this forum is pretty disturbing and f**** up by either men or women but some would argue its fine just like for a landlord right to be paid his last month. GET REAL ii have no money to move out without the deposit so if he withhold it i wont get it right away from the PRTB.

Its pointless to argue especailly with the discodave and such that do not wish to help but that are landlords who are loitering around properties they rent all the time because they do not wish to call professionals to make repairs so they have to make the repairs all over again and for other many reasons they will give.

On the other hand Im sure you rent places with fake walls which i believe is or should be illegal espaceally asking 500/600 euso for a bedroom with walls that are made of cardboards and claiming it to be a studio?! My sister rents a studio in PARIS city center for the same price in a real building (which is another problem here as no studios in building or if they have some its 1000 euros or far off in Dublin 8) or a house would have thick walls ( you know in the 18 th century these houses had thick walls) NO one would Accept paying 600 euros for a room in a Doll House that you made up for real people? But you would argue its Dublin and there is such a high demand for places that anyone would be happy living in crap but im not and i think anyone should not be happy to have to hear a neighbous house ahower or toilet flushing or simply people talking and pay for it . If you can supply real walls a real place that feela like you are actually living inside a home and not in the streets or in a hostel dormitory then prices should be lowered down to 200 eruroa per month for 'studios' like that. Its not normal but its all another subject.

Amyway i hope i find a better place and and help myself as in candide 'il faut cultiver notre jardin' yes indeed because no one else would do it.

Insults not welcome.

Moderator

discodavie

I often post up about a LL's obligations too here and on other sites , but you OP were as bad ad your LL and burying your head in the sand is no way to deal with him so a reminder that what you WANT to do and HAVE to do were poles apart in this one.

As for doing the jobs myself .... Why pay someone to do what I should be doing myself ? When it's gas / electric or major plumbing then the professionals come in but the monies tight and if I got in painters , cleaners , plumbers etc I would have to increase each tenants rent by approx 20pm to cover the cost , what would you say then.

Finally
If you didn't want to hear the truth you shouldn't have posted here to be fair.