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Landlord holding deposit, have to be out in the morning

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    #92
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    OneWayAround wrote: »
    The landlord needs to prove it you mean?

    The notice of arrears has been issued. If the tenant disputes it then the landlord has to show proof. Either way, both parties will need their proof lined up.


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    #93
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    OneWayAround wrote: »
    The landlord needs to prove it you mean?

    Typically in civil law, it is the defendant that must disprove the disputed fact - so in this case the tenant.

    Either way, both parties should have their records in order to prove their own stance.


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    #94
    Mrs OBumble
    Registered Users Posts: 25,957 ✭✭✭✭Mrs OBumble


    Does the tenant have some means of borrowing money (eg from a family member) to pay the deposit for the new place, so they can move now - given that they have found a place which they can afford and it's expecting them?


    TBH, all thsi focus on legal notice period probably isn't helping the tenant. They obviously have issues with personal financial management: financiall-aware people do not lay flooring in rental accommodation at their own expense or "forget" to pay the rent, they may occasionally be late with a payment but it will be on their mind until it's sorted out.


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    #95
    OneWayAround
    Banned (with Prison Access) Posts: 37 ✭OneWayAround


    Electric Sheep wrote: »
    How on earth do you "forget" to pay the rent?!
    davo10 wrote: »
    If she "forgot" to pay rent she has a sound landlord who didn't press for payment at the time, but she still owes it.
    whatnext wrote: »
    Absolutely not.
    And to be honest I cant fathom why you think it would be reasonable.
    chin nuts wrote: »
    absolutely not.. if this rent is paying LL mortgage do you think the bank would be cool with that. crazy talk. if i missed a months rent my LL would be on the phone straight away.
    cerastes wrote: »
    I didnt know this was allowed, Im with my bank longer than that, if this is reasonable and allowed, they owe me a few mortgage payments back, Im glad I read this thread now.
    That other stuff is all the same kind of things everyone does, has, deals with, some people use that as their excuse for anything.
    Communions, christenings, they arent things to be busy about, minimal prep required, you turn up, go home, job done. Weddings, well unless it was her own, and even then, how could they justify a lavish expense when not paying rent, someone else??? not a consideration.
    They should try that with the bank themselves, see how it goes.
    MouseTail wrote: »
    so, she paid it late, or she didn't pay it? Does she even know?
    Arbiter of Good Taste wrote: »
    Most people live their lives, have children, deal with death, etc, etc and still manage to cover their liabilities. I would really love to hear the LL's side of this story, because this person doesn't sound like a particular good tenant if they are so cavalier about paying their rent.
    hfallada wrote: »
    No not in anyway. Paying something monthly like rent should be a habit. There is no excuse with standing orders anymore. In this forum there is nothing but landlord bashing such as he wont paint the walls. But it's totally fine for a tenant to be constantly late on their rent.
    The_Morrigan wrote: »
    Noone has said it is fair, every person on here has been seeking a plain and simple explanation of the facts. There is doubt that either side has acted angelically in this entire tenancy.
    The majority of posters here are very much of the opinion that you must adhere to the law regardless of whether you are a tenant or a landlord.

    You are taking this way too personal when everyone on here is giving good solid advice and opinions, the same solid advice and opinion they gave on the thread that was started by the OP in December about improper notice being given then.

    I've a good mind to lock this thread until the OP can come back to give definitive answers on some of the points raised;
    namely does the tenant have proof that all rent is up to date? (whether paid on time or late)
    does the landlord have proof that there are arrears in rent?
    if the landlord gave proper notice to vacate;
    if the tenant agreed a shorter notice period in order to take on the new house;

    I just quoted posts from the first two pages only because if I continued this post would be too long. Where's the helpful advice? All the posts are assuming that the OPs friend hasn't paid rent when the OPs friend has said the opposite.


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    #96
    OneWayAround
    Banned (with Prison Access) Posts: 37 ✭OneWayAround


    The_Morrigan wrote: »
    That option may mean that the OP is possibly paying rent on two properties - they can't just stay in the existing property and not pay rent.

    They can't move into a new one without the deposit.


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    #97
    Mrs OBumble
    Registered Users Posts: 25,957 ✭✭✭✭Mrs OBumble


    The_Morrigan wrote: »
    That option may mean that the OP is possibly paying rent on two properties - they can't just stay in the existing property and not pay rent.

    Not if they have mutually agreed to a reduced notice period, which is what sounds like has happened. (Verbal agreement though it may be.)


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    #98
    OneWayAround
    Banned (with Prison Access) Posts: 37 ✭OneWayAround


    runawaybishop wrote: »
    The notice of arrears has been issued. If the tenant disputes it then the landlord has to show proof. Either way, both parties will need their proof lined up.
    The_Morrigan wrote: »
    Typically in civil law, it is the defendant that must disprove the disputed fact - so in this case the tenant.

    Either way, both parties should have their records in order to prove their own stance.

    Neither will be able to prove anything in my opinion, the tenant should stick it out. They and their kids have been treated unfairly, hopefully they have proof but if not I'd advice them to wait for the 16 weeks, the landlord obviously hasn't got their house in order.


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    #99
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    OneWayAround wrote: »
    Neither will be able to prove anything in my opinion, the tenant should stick it out. They and their kids have been treated unfairly, hopefully they have proof but if not I'd advice them to wait for the 16 weeks, the landlord obviously hasn't got their house in order.

    And then what? They still wont be getting their deposit back if they decide to wait it out.


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    #100
    OneWayAround
    Banned (with Prison Access) Posts: 37 ✭OneWayAround


    djimi wrote: »
    And then what? They still wont be getting their deposit back if they decide to wait it out.

    They'll either have time to save to pay the deposit on a new place or the landlord will pay the deposit back.


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    #101
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Right I'm locking this thread until the OP can come back online to answer the questions raised. I'm not happy the way the thread has gone despite some very valid questions and theories raised and as we are light on facts here we're all shooting in the dark until clarification can be provided.

    To be honest, none of the mods have the time to be dealing with yet another 'big bad landlord vs poor hard done by tenant' thread either.



    OP please pm me when you are ready to answer the questions raised so that informed advice can be provided on the best course of action for your friend.

    Morri


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