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Landlord won't go away!

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  • 16-02-2014 1:49pm
    #1
    Registered Users Posts: 1,960 ✭✭✭


    Hi all,

    I know there's a similar thread up already, but mine is slightly different so please bear with me!

    I'm living in rented accommodation, and my lease is up in July. I live with 5 other tenants and it has been fine for the last 7 months - we had good banter and cosy nights in etc and nobody was in anybody's space too much.

    One of the tenants is actually my best mate, and the rest of them tend to come and go and are from the country so go home most weekends so it was mostly myself and himself just chilling at the weekends. The house is also 20 minutes from my work and a comfortable enough distance from my parents in Kildare! Essentially, aside from 1 messy housemate and a dodgy double glazing job in the sitting room, it was ideal.

    Then, in January, the landlord moved back from Germany as she lost her job and has taken residency back up in her attic room (she lived in the house previously before I had moved in).

    In all fairness to her, she's pretty sound. Lifted the non-smoking ban in the lounge as she's a smoker and all but 1 of us in the house smoke, has done a fair bit of maintenance work as she's at home on her own all day but she is literally ALWAYS there. She is always, and I mean ALWAYS (until 2 or 3am in the morning) in the sitting room and the kitchen. She never goes to her own room.

    Since she came back in the middle of January, there has not been one single evening that she hasn't been sat in the sitting room, knitting and talking over the television. It's really starting to grate on all of us now, because as tenants, we're entitled to be able to sit in the sitting room and actually watch the television but she insists on talking over it to the point where I'm saving up to buy a smart TV for my room just so I can watch telly in peace. It's also really annoying because we're all paying for Sky Digital but unless you get up at 6am before she does, you can't actually watch the bloody tv without her stupid running commentary.

    We all work long hours (except her) and the idea of just chilling in front of the TV when we come in from work is a saving grace. I know this sounds so petty but myself and my friend are really into our TV shows, and say on Wednesday, that new series Fleming was starting. We even warned her beforehand that we were really into this (I fancy the a*rse off Dominic Cooper, and my friend loves Ian Fleming) and we didn't want to chat while it was on. We got about 7 minutes of silence and then she starts a running commentary!

    I know it's her house, and she's relatively sound in most other aspects, but it's really starting to feel like it's not our space anymore, and that we're living in her house rather than ours. I'm paying a fortune in rent and I'm just wondering if this is a common situation for people with live-in landlords or is there a way that we can tell her that we'd really like to have an evening to ourselves in the lounge?

    I do apologise if I'm coming off as a d1ckhead here, it's just the change in dynamic and it's not that we don't like her, but it'd just be lovely to be able to watch a film in the sitting room that we are paying to use on our own! Also, I'm aware the obvious solution is to move out, but it's not a viable option at the moment financially.

    Cheers!


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Comments

  • Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    eh, move out.


  • Registered Users Posts: 4,818 ✭✭✭Bateman


    Not just a simple case of having a chat?


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Perhaps the landlady is lonely and looks forward to having company when you get home?

    Anyway. Her house. Her rules. If you don't like the set up? Leave!,


  • Registered Users Posts: 8,671 ✭✭✭GarIT


    Perhaps the landlady is lonely and looks forward to having company when you get home?

    Anyway. Her house. Her rules. If you don't like the set up? Leave!,

    They are paying rent, it's just as much their house as it is hers.

    OP do you have a lease? Does it say you are renting a room or the house? If the group of you are renting the house she has no right to be there.

    A simple solutions would be to tell her you can't hear the TV or turn it up everytime she talks?


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


    Unfortunately- if you're not happy- as she is an owner occupier- your only option is to leave.


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  • Registered Users Posts: 1,960 ✭✭✭allandanyways


    snubbleste wrote: »
    eh, move out.

    I addressed this in my original post. I'm not in a financial position to move out at the moment (no car and don't have enough money for a deposit plus first month's rent)
    Bateman wrote: »
    Not just a simple case of having a chat?
    Have tried dropping hints but she doesn't seem to be picking them up, or is choosing to ignore them.
    Perhaps the landlady is lonely and looks forward to having company when you get home?

    Anyway. Her house. Her rules. If you don't like the set up? Leave!,
    We had moved in before she moved back in. It's our house as much as it is hers, given I've paid rent for the last 7 months. She has no respect for the dynamic in the house and apparently, for her tenants.
    GarIT wrote: »
    They are paying rent, it's just as much their house as it is hers.

    OP do you have a lease? Does it say you are renting a room or the house? If the group of you are renting the house she has no right to be there.

    A simple solutions would be to tell her you can't hear the TV or turn it up everytime she talks?
    Thank you. Yes, my lease states in legalese that I am renting room number 4 and also renting the use of the facilities of the house including lounge, kitchen and garden. That's the point I'm trying to make - I'm essentially renting the lounge and can't make use of it! God forbid I had a boyfriend and wanted to watch a DVD or something, cos I guarantee she still wouldn't move.
    Unfortunately- if you're not happy- as she is an owner occupier- your only option is to leave.
    The advice I'm seeking is that as an owner, who has not lived in the house for 18 months, she has come back in and does not seem to respect that fact that we have a dynamic and a nice little set up that involves watching movies and tv in peace and giving each other space. Surely, if she wants to keep her tenants, she would do her best to make it a nice place to live?

    Appreciate the replies folks, thanks. Any further advice welcome.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    We had moved in before she moved back in. It's our house as much as it is hers, given I've paid rent for the last 7 months. She has no respect for the dynamic in the house and apparently, for her tenants.

    No its not. She is an owner occupier; you are a licensee. Basically you have as many rights in the house as a guest would have.
    The advice I'm seeking is that as an owner, who has not lived in the house for 18 months, she has come back in and does not seem to respect that fact that we have a dynamic and a nice little set up that involves watching movies and tv in peace and giving each other space. Surely, if she wants to keep her tenants, she would do her best to make it a nice place to live?

    Its her call, but unfortunately in this situation your options are to live in the property under her rules, or find somewhere else to live. Obviously you all sitting down with her and talking about it is the best solution, but its up to her how she wants to play it.
    Lifted the non-smoking ban in the lounge as she's a smoker and all but 1 of us in the house smoke

    I pity the poor sod who doesnt smoke...


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


    djimi wrote: »
    I pity the poor sod who doesnt smoke...

    + 1 million to this.
    I don't understand how a non-smoker could possibly live in these circumstances.


  • Closed Accounts Posts: 2,359 ✭✭✭whiteandlight


    You need to establish whether your leases constitute rental of the full house or not. When the owner occupier was not there did someone organise paying the rent or how was it paid?

    If it turns out that you are all renting the house as a group with a proper lease then she has no right to be there

    If you all have owner occupier agreements then there is absolutely nothing you can do so you will need to move out if this is bothering you


  • Registered Users Posts: 376 ✭✭Sikpupi


    Had a similar problem many years ago - sharing with couple + one other and we spilt bills down by 3 (Girl in Couple paying nothing as technically she not on lease but stayed 4++ nights a week)

    They hogged the Kitchen (cooked for themselves and left everything dirty behind them in kitchen and then ate watching TV and hogged that for the night. Especially all the soaps)

    One day I put note on TV in morning that I be home at 7pm and that I wanted to watch a Live Match - so all be warned. Came home and they locked into a soap and at 7pm - I ask to change.

    Both jumped on me and told me that they 'always' watch the soaps and that they not switching.

    So - I waited till other tenant came in and advised that I was withdrawing from paying from the TV rental and TV Licence and the Horizon channel payment. Other tenant said he also withdrawing.

    Bought my own TV / DVD combo and rabbit ears and installed same in room and was happy out thereafter. Monies saved went to pints in local pub on match nights. Never a problem thereafter


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  • Registered Users Posts: 1,960 ✭✭✭allandanyways


    djimi wrote: »
    No its not. She is an owner occupier; you are a licensee. Basically you have as many rights in the house as a guest would have.
    I hardly think that's true/fair. A guest isn't paying rent/bills. I am. I am paying for use of the house as I specified in my previous post. My lease refers to rental of the room and the communal facilities of the house.

    djimi wrote: »
    Its her call, but unfortunately in this situation your options are to live in the property under her rules, or find somewhere else to live. Obviously you all sitting down with her and talking about it is the best solution, but its up to her how she wants to play it.

    I can appreciate that, thank you. I do think that as a landlord, she would want to keep her tenants who are paying what is really a higher than average rent for the area. One tenant moved out the month after I moved in and it took us 3 months to get someone else to rent the room. It's a hard house to rent so if she wants to keep us and save herself the effort of trying to get new tenants, she would try to keep the house as peaceful and comfortable as possible.


    djimi wrote: »
    I pity the poor sod who doesnt smoke...

    We only smoke in the lounge, and the non smoker basically uses the house to sleep in. They spend most of their time at college/gym/boyfriends. It's always been the way they are and we asked their permission before we started smoking in the lounge and they said that they're never there so it doesn't bother them. I don't want to turn this into a smoker-bashing thread so that's all I'll say on the matter.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    You need to establish whether your leases constitute rental of the full house or not. When the owner occupier was not there did someone organise paying the rent or how was it paid?

    If it turns out that you are all renting the house as a group with a proper lease then she has no right to be there

    If you all have owner occupier agreements then there is absolutely nothing you can do so you will need to move out if this is bothering you

    The OP has stated
    Yes, my lease states in legalese that I am renting room number 4 and also renting the use of the facilities of the house including lounge, kitchen and garden.

    so it appears that they are renting a room, not the entire property.

    They also specify that they are have been granted use of the lounge, kitchen etc, not "exclusive use of", so they really have no arguement here.


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


    It doesn't necessarily have to be an 'owner-occupier' agreement- if the property is let by bedrooms- which isn't uncommon- and one bedroom (the attic in this instance) remained the owners- regardless of whether it was used or not, the owner could return at will to the property.

    If the group are renting the property in its entirety, as a group- with a single lease governing the letting- its a different story.

    Really depends on how the property was let.

    I inferred the owner had kept her own room- from the OP's comments- regarding how she had lived there previously before the OP moved in, but had kept her room, and had now moved back as she had lost her job in Germany (or whereever).


  • Registered Users Posts: 5,641 ✭✭✭Teyla Emmagan


    You will have to be way more direct with the 'hints'. As in straight out say 'is it okay if we don't talk when this show is on Deirdre'. Or put up with it and hope she gets a life.

    Relaxing the non smoking ban so that she can smoke in the lounge doesn't sound too cool to me I must say! And I'm a smoker. Perhaps if you reinstated it she'd spend less time in there.

    Failing that you will be using your TV money as a deposit somewhere else!


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    I hardly think that's true/fair. A guest isn't paying rent/bills. I am. I am paying for use of the house as I specified in my previous post. My lease refers to rental of the room and the communal facilities of the house.

    It might not be fair but its the law. Paying bills does not give you any more rights to the property; you are not covered by the terms of the Residential Tenancies Act and as such have virtually no rights to the property.
    I can appreciate that, thank you. I do think that as a landlord, she would want to keep her tenants who are paying what is really a higher than average rent for the area. One tenant moved out the month after I moved in and it took us 3 months to get someone else to rent the room. It's a hard house to rent so if she wants to keep us and save herself the effort of trying to get new tenants, she would try to keep the house as peaceful and comfortable as possible.

    In that case you all need to sit her down and discuss this with her. Its not going to be an easy conversation, you are effectively telling her that she is not allowed to use her own house as she wishes to, but if thats how you feel then its a conversation that needs to be had.[/QUOTE]
    We only smoke in the lounge, and the non smoker basically uses the house to sleep in. They spend most of their time at college/gym/boyfriends. It's always been the way they are and we asked their permission before we started smoking in the lounge and they said that they're never there so it doesn't bother them. I don't want to turn this into a smoker-bashing thread so that's all I'll say on the matter.

    Fair enough. As a non-smoker who has been in that situation I think its absolutely disgusting for five people to be smoking in a sitting room under any circumstances, but each to their own and if the non-smoker is not kicking up a fuss then more power to you!


  • Registered Users Posts: 1,960 ✭✭✭allandanyways


    + 1 million to this.
    I don't understand how a non-smoker could possibly live in these circumstances.

    As I mentioned in last post, the non-smoker is never there and has given her permission. She doesn't use the lounge much so she doesn't care. Again, I don't want to turn this into a smoking vs non smoking thread, so if we can leave it at that please.
    You need to establish whether your leases constitute rental of the full house or not. When the owner occupier was not there did someone organise paying the rent or how was it paid?

    If it turns out that you are all renting the house as a group with a proper lease then she has no right to be there

    If you all have owner occupier agreements then there is absolutely nothing you can do so you will need to move out if this is bothering you

    The lease states that we rent rooms plus the communal areas inc lounge, kitchen and garden. We pay rent directly into the landlord (her partner's) account. There's no owner-occupier clause in the lease, and nothing that refers to that. It states that tenants who pay rent are entitled to use the communal facilities of the house as they please. She owns the house, but doesn't pay rent so it's a bit of an awkward one.
    Sikpupi wrote: »
    Had a similar problem many years ago - sharing with couple + one other and we spilt bills down by 3 (Girl in Couple paying nothing as technically she not on lease but stayed 4++ nights a week)

    They hogged the Kitchen (cooked for themselves and left everything dirty behind them in kitchen and then ate watching TV and hogged that for the night. Especially all the soaps)

    One day I put note on TV in morning that I be home at 7pm and that I wanted to watch a Live Match - so all be warned. Came home and they locked into a soap and at 7pm - I ask to change.

    Both jumped on me and told me that they 'always' watch the soaps and that they not switching.

    So - I waited till other tenant came in and advised that I was withdrawing from paying from the TV rental and TV Licence and the Horizon channel payment. Other tenant said he also withdrawing.

    Bought my own TV / DVD combo and rabbit ears and installed same in room and was happy out thereafter. Monies saved went to pints in local pub on match nights. Never a problem thereafter

    She doesn't take control of the TV, but the issue is that she is always in the communal areas. As I stated before, if I want to have friends over, I just don't now, because she never leaves the sitting room and involves herself in every damn conversation even when we're talking about stuff that has nothing to do with her/happened years ago. It's not a communal area as such any more, it's us using her living room when it suits her. We used to have great dinner parties and house parties (with all tenants' prior ok obviously) but we can't do that now because she won't let us have any area of the house other than our rooms to ourselves.

    I understand how petty this is coming across, but I am just wondering if there is a way of saying to her that we'd like a bit of space to ourselves in the communal areas, or if it's a case that it's her house, so she can do what she wants despite pissing off her tenants to the point where 4 of the 6 of us are considering moving out.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    The lease states that we rent rooms plus the communal areas inc lounge, kitchen and garden. We pay rent directly into the landlord (her partner's) account. There's no owner-occupier clause in the lease, and nothing that refers to that. It states that tenants who pay rent are entitled to use the communal facilities of the house as they please. She owns the house, but doesn't pay rent so it's a bit of an awkward one.

    The point is that you rent a room, not exclusive use of the entire property, and the lease states that you have use of the communal areas, which is not being denied to you. Realistially your issue with the landlord is no different to if any of your current housemates spent all day in the sitting room hogging the TV. Even if the landlord was just another tenant, she is not doing anything wrong by the terms of your lease, and it would be up to you all to sit down with her and sort it out. The fact that she is an owner occupier just makes that conversation a bit harder, as she has the legal power to say to you to either get on with it or find somewhere else to live.


  • Registered Users Posts: 1,960 ✭✭✭allandanyways


    djimi wrote: »
    The OP has stated



    so it appears that they are renting a room, not the entire property.

    They also specify that they are have been granted use of the lounge, kitchen etc, not "exclusive use of", so they really have no arguement here.

    Yes, we all rent the rooms individually. Apologies for not being clearer on that.
    It doesn't necessarily have to be an 'owner-occupier' agreement- if the property is let by bedrooms- which isn't uncommon- and one bedroom (the attic in this instance) remained the owners- regardless of whether it was used or not, the owner could return at will to the property.

    If the group are renting the property in its entirety, as a group- with a single lease governing the letting- its a different story.

    Really depends on how the property was let.

    I inferred the owner had kept her own room- from the OP's comments- regarding how she had lived there previously before the OP moved in, but had kept her room, and had now moved back as she had lost her job in Germany (or whereever).

    As per above, we rent the rooms individually but have a great group dynamic - chores are all done fairly and individually and paying of bills is never a problem. We're all mates and it was grand beforehand. You could just leave a note on the fridge saying "XXX is coming over this evening and we would like to get a takeaway and watch a film in lounge if that is ok with everyone" and then you'd get texts from everyone saying if it was cool or if they were also having company and we would make arrangements as such. We didn't even have to allude to the fact that we wouldn't want company, as everyone had common sense to know what that meant. Landlord does not understand this.
    You will have to be way more direct with the 'hints'. As in straight out say 'is it okay if we don't talk when this show is on Deirdre'. Or put up with it and hope she gets a life.

    Relaxing the non smoking ban so that she can smoke in the lounge doesn't sound too cool to me I must say! And I'm a smoker. Perhaps if you reinstated it she'd spend less time in there.

    Failing that you will be using your TV money as a deposit somewhere else!

    It's looking like this might be my option. I'm half thinking of asking for a reduction on my rent because I can't actually use the facilities of the lounge because she insists on talking over the TV and won't let us relax in peace.


  • Registered Users Posts: 1,960 ✭✭✭allandanyways


    djimi wrote: »
    The point is that you rent a room, not exclusive use of the entire property, and the lease states that you have use of the communal areas, which is not being denied to you. Realistially your issue with the landlord is no different to if any of your current housemates spent all day in the sitting room hogging the TV. Even if the landlord was just another tenant, she is not doing anything wrong by the terms of your lease, and it would be up to you all to sit down with her and sort it out. The fact that she is an owner occupier just makes that conversation a bit harder, as she has the legal power to say to you to either get on with it or find somewhere else to live.

    That's fair enough. That's the area I was unclear on and the reason I started this thread. I appreciate the input, and that does make sense. Cheers, man!


  • Registered Users Posts: 1,992 ✭✭✭Mongfinder General


    To be honest it sounds like the landlord is making life difficult for you all. I think it's a case of the landlord wanting you all out.


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


    Op it seems like ye are not actual tenants with tenants rights but licensees who have no real rights and can be put out on the street with 24hours notice.

    If ye want to have a chat with the owner then I would wait till ye have found possible alternative accommodation because ye can then use that as leverage but I would not expect the owners behaviour to change, sounds like she may be having some type of breakdown.


  • Registered Users Posts: 278 ✭✭VeeEmmy


    From my perspective, your complaints are not petty at all. Was there any indication or past behaviour of which you were aware at the time your tenancy began that there was a possibility or likelihood that the landlord might occupy the attic room? Is it stated in your lease? If not, I'd think it was reasonable on your part never to have thought this situation would arise. I'm assuming it was not expressly provided for in your lease. What about your other housemates' leases?

    There is a paragraph in the relevant statute(s) that says, "2. The tenant of a house is, unless otherwise expressly provided for in a lease, entitled to quiet and peaceable enjoyment of the house without the interruption of the landlord or any other person during the term of the tenancy for so long as the tenant pays the rent and observes the terms of the tenancy." (HOUSING (RENT BOOKS) REGULATIONS, 1993. (S.I. No. 146/1993)

    There could be amendments to that Statute of which I am unaware, but I think that paragraph is still a central part of the Statutes covering Landlord/Tenant rights and responsibilities.

    Who pays for services, i.e., electric, waste collection, gas, TV cable/satellite, etc.? Just wondering. You could do as mentioned above somewhere and terminate the TV feed, etc. unless she shares in the payment for the stuff.

    You might contact Threshold to get their thoughts on your situation: http://www.threshold.ie. But it sure sounds to me that your quiet and peaceable enjoyment of the house has been significantly interrupted.


  • Registered Users Posts: 1,893 ✭✭✭deirdremf


    Thank you. Yes, my lease states in legalese that I am renting room number 4 and also renting the use of the facilities of the house including lounge, kitchen and garden. That's the point I'm trying to make - I'm essentially renting the lounge and can't make use of it! God forbid I had a boyfriend and wanted to watch a DVD or something, cos I guarantee she still wouldn't move.
    Looks like a bedsit arrangement, and as such is likely to be illegal.
    Get proper legal advice on this point is my suggestion.


  • Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    deirdremf wrote: »
    Looks like a bedsit arrangement, and as such is likely to be illegal.
    Get proper legal advice on this point is my suggestion.

    How do you come to that conclusion? Sounds like the owner is renting her spare rooms, just like I do in London. The agreement that my housemates have signed with me (it's misleading it call it a lease throughout this thread) includes the use of all communal areas, and sole use of the room. They pay their rent to me. Exactly the same as in the OPs situation.

    Banished-she: the clause you describe is not relevant. This is the rent of a room in the LLs house.....not a lease of the property. The legislation does not cover it is outside of PTRB remit


  • Registered Users Posts: 25,959 ✭✭✭✭Mrs OBumble


    OP, with that many people in the house, a 2nd living area would not be unreasonable. Any options for this?

    TBH, you would never have guaranteed to have the living room to yourself before, all that's changed is that you have a new and annoying housemate. Risks of the game, I'm afraid.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    You could check out the price locally of renting a room in a house with a landlord living in it and if it's cheaper look for a reduction. You'd need to get the rest of your housemate's to go for it as well and be prepared to move if the landlord says no.


  • Registered Users Posts: 1,681 ✭✭✭confusticated


    If ye can't talk to her, is there any chance your current housemates and you could find a new place together? I know you said you can't afford it, but if you're currently paying over the odds in rent, it could be worth it over a couple of months.


  • Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭Faith


    I think you need to call a house meeting, with all tenants and the landlord, and all discuss the issues. Hints are no good, you all need to be direct in your expectations of your home environment. Statements like "I expect to be able to watch television in peace" or "I expect to be able to have friends to visit without being interrupted by others without invitation". Explain to your LL that her being in the house has changed the dynamic, explain how it's changed, how you'd like it to be and then all of you can see if you can come to a mutual agreement. She probably doesn't realise she's being a pest.

    Asking for a rent reduction or something is complete overkill without discussing the issues at hand first, and it won't solve any of the issues.


  • Registered Users Posts: 1,197 ✭✭✭Eutow


    Perhaps the landlady is lonely and looks forward to having company when you get home?

    Anyway. Her house. Her rules. If you don't like the set up? Leave!,


    And that is why I would not rent a place that has a live-in landlord. If I was you OP I would try and save enough money in order to move elsewhere.


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  • Registered Users Posts: 2,589 ✭✭✭DoozerT6


    Faith, if someone spoke to me like that in my own home I would tell them to sling their hook very, very fast. Tenants are easily replaceable now, and she would have no problem replacing all of them.

    Diplomacy is the key. And tread carefully. TBH, she sounds like she could be depressed. You don't know how she may react to what you have to say.


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