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Rogue landlord eviction notice

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  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    zotapex wrote: »
    the fire department has apparently told the LL that changes have to be made and he has given me a letter stating that since my intervention with the local council meant that he had to make changes he was giving me 28 days to find another place. i.e terminating my lease.

    If the landlord told you this then I would doubt if he has received any official notice from the Fire Brigade but is using this as a reason to get you out as he sees you as a troublemaker.

    Contact the Fire Brigade and find out what if any notices have been served.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    OP- can you clarify- you invited someone in to check out the building yourself- on the back of some comments from an insurance salesman- and now that the landlord has been served with an enforcement notice (quite rightly it would seem), you're put out, because you don't in fact want to leave, and you're not happy with the notice you've been given. Is this the situation in a nutshell?

    I'd have to agree with the post (2 above) where its suggested you went and reported the building to get some sort of hold over the landlord- and the whole thing has backfired over you...........

    Can you clarify- what actually happened.


  • Registered Users Posts: 19 zotapex


    the insurance guy was someone i know from the pub, all of this arose because i didn't have any personal insurance and we were talking about it because another friend was actually burned out he just came down to check my place out as its 100 yards from pub, give me a guesstimate. he just happened to know more than me about rules and regs. another friend was a fire officer in army and we all drink in same pub of course we talk about things that are happening in our lives. he had a look and said get onto the fire department straight away this isn't right. so i rang the fire department to have a look and actually said to them, i don't want to get anyone into trouble but i wanted to know if i was safe. they had a look and apparently i wasn't safe if i was sleeping in the illegal third floor. then the fire department went away to look at the planning submission and found there wasn't any. sorry if i have some crazy attitude that if i pay my rent then i expect the LL to live up to his responsibilities and get what i am actually paying for, i don't find that unusual, who wouldn't. what are safety laws and planning laws for? he knew he had responsibilities as LL the same as i do as a tenant. the solicitor is a friend who would take it on if it and put the bill on the long finger. he would wait till i was sorted with deposit. its all convoluted. it seems that if i'm damned if i do, damned if i don't.


  • Registered Users Posts: 19 zotapex


    just one more thing, i had know idea whatsoever, that the landlord didn't have planning permission. my friend the ex army guy said when he looked, that the loft was a conversion not a bedroom. thats all. he said it wasn't safe to be a bedroom. and apparently it isn't hows that my fault. i'll find out tomorrow


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    The fact that its a simple loft conversion, rather than a formal bedroom- is not your fault. You did invite a friend in, who suggested you talk to another friend, who suggested you get the Fire Department involved- who served the landlord with notice, who in turn has given you 28 days notice.......... Sound right?

    The 84 days notice- does not apply once the landlord has been served with notice by the Fire Department. You're doing good to get 28 days notice.

    It sounds like the principle issue is the manner in which the loft conversion is being sold as a 'bedroom' for the purpose of letting the property. Pine cladding- pah, aside from the fact that its naff as hell, there is no major issue with it- it was a very popular way of decorating (admittedly back in the late 70s :D ).

    The landlord should get the top unit vacated as quickly as possible and remedy any issues in the notice served on him by the Fire Department. The notice- and it does indeed sound like he has legitimately been served with notice, will have a deadline associated with it- and will involve an inspection of the property immediately after the elapse of the notice.

    It doesn't sound (from what you've said here) as though there is anything major at fault here- other than the lack of planning permission for the development- and the manner in which the loft conversion is being sold as an additional bedroom. Vacating the property- may satisfy the notice- I'm only speculating- but once its vacant- it would be up to the landlord to apply for planning permission (or retention) however given the current rules on units like this- it would be doubtful it would meet current regulations.

    It sounds like a cascade of events- arising from you having a chat with friends in the pub...........

    The 84 days notice is void, by reason of the notice served on the landlord by the Fire Department. Good luck trying to argue otherwise.


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  • Registered Users Posts: 19 zotapex


    yes conductor, thats pretty much what happened. a chain of events. like inviting a friend around who's an electrician and noticing the whole place is wired wrong, which you didn't notice because you are a musician. the fire department will tell me tomorrow what the problem is it has to be a fire prob because the planning guys haven't seen the place, it was the fire guys who contacted them because they obviously spotted something that was obvious to them but they didn't say what it was to me. they just said they'd get back to me which they did and told there was no planning, thats all i know atm. i will move i don't need this just a bit of time, they can tell me how urgent it is to vacate but they have already stated i can stay in flat just don't sleep in the loft. which is not a problem, so i think the LL is looking for revenge for asking questions.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Do post back and let us know what the issue was. It could well be something reasonably easy to remedy (the planning permission aside- which could well be nigh impossible to ever satisfy). If they have stated that its only the attic conversion thats at issue- it may well be the lack of a fire-escape thats at fault (or the width of passageways, the absence of suitable windows etc etc)

    Given that they have stated that its only the loft conversion that they are finding fault with- I wouldn't be overly concerned to be honest- however the landlord will still have to remedy whatever is in the notice he has been served with- whatever that might be.

    Do post back tomorrow and let us know what the issue is.


  • Registered Users Posts: 19 zotapex


    will do conductor, i started this thread to get an idea where i stand, it seemed to turn into a LL versus tenant thread.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Can the LL legally register the premises with the PRTB and let it without having planning permission for the building?


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    foggy_lad wrote: »
    Can the LL legally register the premises with the PRTB and let it without having planning permission for the building?

    The PRTB have precisely zero interest in checking out planning permission and chasing safety certs etc. Whether the registration on the PRTB website would be legal or not- would depend on the legislation and how its worded- however it is illegal to let the property, without registering it with the PRTB. Yes- its counter intuitive- and shows a lack of joined up thinking- but unfortunately, as with so many things- thats the way it is, and we can like it or lump it.


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  • Registered Users Posts: 19 zotapex


    hello good people
    the outcome of all this is that if anyone is renting out a premises without planning permission or contemplating doing it don't, it will come back and bite you big time.


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