Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Landlord entering without consent

Options
2»

Comments

  • Options
    #32
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Pawwed Rig wrote: »
    Not really though as it is breaking and entering. A call to the Guards is hardly major legal fidgy-widgyness.
    If the landlord entered using the keys, surely it's more "illegally entering" as opposed to "breaking and entering"?


  • Options
    #33
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    The Gardai are unlikely to get involved either unless there is the threat of violence.


  • Options
    #34
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    the_syco wrote: »
    If the landlord entered using the keys, surely it's more "illegally entering" as opposed to "breaking and entering"?

    I am not sure what the difference is but won't argue with you about it:D


  • Options
    #35
    syklops
    Closed Accounts Posts: 18,966 ✭✭✭✭syklops


    the_syco wrote: »
    If the landlord entered using the keys, surely it's more "illegally entering" as opposed to "breaking and entering"?

    Its not even illegally entering because the landlord owns the building


  • Options
    #36
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    syklops wrote: »
    Its not even illegally entering because the landlord owns the building

    A landlord cannot enter rented accommodation legally except in an emergency or with express permission. That was an illegal entry.


  • Advertisement
  • Options
    #37
    marwelie
    Registered Users Posts: 1,544 ✭✭✭marwelie


    My understanding is that as long as the landlord doesn't enter the premises without your permission they can do what they like, they own the house.

    Landlord access is one of the most important rights you have as a landlord. You or the agent representing you have the legal right to enter your property at reasonable times of the day to carry out repairs or to inspect the property. You need to give 24 hours’ notice in writing in order to inspect the property, and it is also useful to make sure you have arrangements about access for getting repairs done set out in the tenancy agreement. Although tenants have the right to be left in peace, it is your right and duty as a landlord to keep the property in good condition and make any necessary repairs. It is also in your interests to inspect the property every few months to make sure everything is still in good condition. Although tenants might not always find this convenient, if you give them the correct notice there should be no complaints. If the tenant will not give you access then you should seek legal advice immediately.


  • Options
    #38
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    marwelie wrote: »
    My understanding is that as long as the landlord doesn't enter your private space (i.e your bedroom) without your permission they can do what they like, they own the house.

    http://www.threshold.ie/advice/tenancy-issues/entry-without-permission/

    Unless there is an agreement to the contrary or it is an emergency, a landlord should not call to the property unannounced or enter the property without your permission.


    Op: report to prtb.


  • Options
    #39
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    marwelie wrote: »
    My understanding is that as long as the landlord doesn't enter your private space (i.e your bedroom) without your permission they can do what they like, they own the house.

    Only in shared accommodation. When you rent the entirety of the property the landlord has no legal right to enter without prior consent.


  • Options
    #40
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    marwelie wrote: »
    Landlord access is one of the most important rights you have as a landlord. You or the agent representing you have the legal right to enter your property at reasonable times of the day to carry out repairs or to inspect the property. You need to give 24 hours’ notice in writing in order to inspect the property, and it is also useful to make sure you have arrangements about access for getting repairs done set out in the tenancy agreement. Although tenants have the right to be left in peace, it is your right and duty as a landlord to keep the property in good condition and make any necessary repairs. It is also in your interests to inspect the property every few months to make sure everything is still in good condition. Although tenants might not always find this convenient, if you give them the correct notice there should be no complaints. If the tenant will not give you access then you should seek legal advice immediately.

    There is no legal minimum notice, it must be agreed by the landlord and the resident and must be reasonable. This doesn't mean you can wander in when you wish without permission.


  • Options
    #41
    Peanut2011
    Registered Users Posts: 1,001 ✭✭✭Peanut2011


    runawaybishop wrote: »
    Unless there is an agreement to the contrary or it is an emergency, a landlord should not call to the property unannounced or enter the property without your permission.

    They did not enter unannounced. As per OP e-mail was sent to him.

    OP did you have "Out of Office" notification? Landlord informed you while ago they will possibly be selling the apartment and will need access to it from time to time.

    They than sent you the e-mail. Could be viewed just as much your own fault for not reading e-mails or informing landlord you would be out of the country seeing how you know they might want access.

    Before people jump up, not saying landlord has dealt with this case appropriately but just consider above as well.


  • Advertisement
  • Options
    #42
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Peanut2011 wrote: »
    They did not enter unannounced. As per OP e-mail was sent to him.

    OP did you have "Out of Office" notification? Landlord informed you while ago they will possibly be selling the apartment and will need access to it from time to time.

    They than sent you the e-mail. Could be viewed just as much your own fault for not reading e-mails or informing landlord you would be out of the country seeing how you know they might want access.

    Before people jump up, not saying landlord has dealt with this case appropriately but just consider above as well.

    There was no consent.


  • Options
    #43
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    marwelie wrote: »
    Landlord access is one of the most important rights you have as a landlord. You or the agent representing you have the legal right to enter your property at reasonable times of the day to carry out repairs or to inspect the property. You need to give 24 hours’ notice in writing in order to inspect the property, and it is also useful to make sure you have arrangements about access for getting repairs done set out in the tenancy agreement. Although tenants have the right to be left in peace, it is your right and duty as a landlord to keep the property in good condition and make any necessary repairs. It is also in your interests to inspect the property every few months to make sure everything is still in good condition. Although tenants might not always find this convenient, if you give them the correct notice there should be no complaints. If the tenant will not give you access then you should seek legal advice immediately.

    Did you find this on Irish Landlord by any chance? They make a big deal about the landlords right to access but seem keen to brush over the required notice. To me, the tenants right to privacy is one of, if not the, most important elements of renting, and the landlord should only seek access to the property when it is absolutely essential.


  • Options
    #44
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Peanut2011 wrote: »
    They did not enter unannounced. As per OP e-mail was sent to him.

    OP did you have "Out of Office" notification? Landlord informed you while ago they will possibly be selling the apartment and will need access to it from time to time.

    They than sent you the e-mail. Could be viewed just as much your own fault for not reading e-mails or informing landlord you would be out of the country seeing how you know they might want access.

    Before people jump up, not saying landlord has dealt with this case appropriately but just consider above as well.

    The landlord cannot just announce that they will be showing up at a certain time and expect access, not they can they assume that silence is a form of consent. Unless the landlord has the express permission of the tenant they have no legal right to enter the property.


  • Options
    #45
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    gaius c wrote: »
    Probably the wiser call in the circumstances.
    Is there a reason the landlady was unavailable to come to the apartment and unlock it for you? Living too far away?

    According to the op the landlady didn't have a key but the letting agent had the key for the second lock. It was the landlady that asked for this second lock to be locked though even though it had been left open when they illegally entered the property.


  • Options
    #46
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    ABajaninCork wrote: »
    Does it really matter? The OP was going away. Whatever he needed was inside his home. The home he pays rent for. The landlady locked him out. ILLEGALLY. He lost his holiday/business trip whatever it was.

    IMO, he is fully entitled to take a case with the PRTB AND take out a Small Claims for the loss of his flight tickets. I bet he would win...

    djimi wrote: »
    I dont think small claims will entertain matters in relation to tenancy disputes.

    What I meant was this: Absolutely a PRTB case should be raised for the illegal entry. A separate case should then be raised as a result of the OP's losses for the holiday. AFAIK, the PRTB won't entertain the loss of the holiday. But I see no reason why the landlady should get away with what she did; neither should the OP lose money because of it.


  • Options
    #47
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    ABajaninCork wrote: »
    What I meant was this: Absolutely a PRTB case should be raised for the illegal entry. A separate case should then be raised as a result of the OP's losses for the holiday. AFAIK, the PRTB won't entertain the loss of the holiday. But I see no reason why the landlady should get away with what she did; neither should the OP lose money because of it.

    I dont think the small claims court will have anything to do with a tenancy dispute at all, which in this case the loss of the holiday would fall under (its not an issue between the OP and the vendor of the holiday), but the OP should definitely check it out.


  • Options
    #48
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    ABajaninCork wrote: »
    What I meant was this: Absolutely a PRTB case should be raised for the illegal entry. A separate case should then be raised as a result of the OP's losses for the holiday. AFAIK, the PRTB won't entertain the loss of the holiday. But I see no reason why the landlady should get away with what she did; neither should the OP lose money because of it.

    I would assume the cost of the holiday would be rolled up under any costs incurred due to locking the tenant out. These costs were avoidable if the LL just got the 2nd lock removed, and remained in contact with the tenant.


Advertisement