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 changed locks, what can I do?

Options
  • 03-03-2014 7:21pm
    #1
    dmrules
    Registered Users Posts: 150 ✭✭


    As per title, is it legal? Called gards but was told thats not their problem...any ideas what to do?

    Thanks


«1345678

Comments

  • Options
    #2
    theteal
    Registered Users Posts: 7,593 ✭✭✭theteal


    Cha-ching!

    Is there a back story to this OP? Straight onto the PRTB with you. Do you have alternative accom for a while?


  • Options
    #3
    dmrules
    Registered Users Posts: 150 ✭✭dmrules


    Unfortunately there is...the tenants missed 6 weeks payments due to loss of income...tried to give him some cash today but he wants the whole lot...no alternative accom...


  • Options
    #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    dmrules wrote: »
    Unfortunately there is...the tenants missed 6 weeks payments due to loss of income...tried to give him some cash today but he wants the whole lot...no alternative accom...
    As long as the landlord does not live in the same property the tenants have been evicted illegally and should get alternative accommodation and immediately open a case with the PRTB and get compensation from the person they were renting from! Is this cowboy operator also holding their belongings for ransom?


  • Options
    #5
    dmrules
    Registered Users Posts: 150 ✭✭dmrules


    Yes, all their belongings are inside the house...how fast is PRTB in this kind of cases? Can they put pressure on landlord to let them in?


  • Options
    #6
    fash
    Registered Users Posts: 2,275 ✭✭✭fash


    dmrules wrote: »
    Yes, all their belongings are inside the house...how fast is PRTB in this kind of cases? Can they put pressure on landlord to let them in?

    A couple of months unfortunately- but expect a payout in the region of 5-10k.


  • Advertisement
  • Options
    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Probably the best thing that you can do is go through the adjudications on the PRTB website and print out some of the rulings where tenants are awarded 4+ figure sums for damages in the case of illegal evictions. It might make the landlord cop on and realise the trouble that they have put themselves in.


  • Options
    #8
    Miguel_Sanchez
    Closed Accounts Posts: 8,417 ✭✭✭Miguel_Sanchez


    First thing they should do is ring Threshold in the morning. Then talk to the PRTB straight after that.

    http://www.threshold.ie/


  • Options
    #9
    BorneTobyWilde
    Registered Users Posts: 36,085 ✭✭✭✭BorneTobyWilde


    Is there any protection for the landloard? If they're not getting paid the rent what steps can they take?


  • Options
    #10
    BorneTobyWilde
    Registered Users Posts: 36,085 ✭✭✭✭BorneTobyWilde


    Seems the guards he called did not know they law. But that is no surprise in Ireland.


  • Options
    #11
    rubberdiddies
    Closed Accounts Posts: 717 ✭✭✭rubberdiddies


    BorneTobyWilde wrote: »
    Is there any protection for the landloard? If they're not getting paid the rent what steps can they take?

    Absolutely zero.
    Any tenant can suddenly decide not to pay rent and get up to 3 months rent free before moving on to screw over another landlord.

    Landlord has no enforceable rights.

    Everyone on this thread suggesting that the tenant go all guns blazing and screw the landlord for thousands in compo should have a think about the type of person they are.

    The OP admitted that the tenants haven't paid rent for at least 6 weeks. To me there is no difference there to walking into a shop and stealing something every day for 6 weeks. You can dress it up whatever way you want but it's stealing.


  • Advertisement
  • Options
    #12
    Mr.Fred
    Registered Users Posts: 1,055 ✭✭✭Mr.Fred


    Pay your bloody rent then he might let you in. Sick and tired of reading about the poor tennant. Things need to change drastically over here.

    Before the righteous get all uppity Yes the landlord was wrong to lock ye out.


  • Options
    #13
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    BorneTobyWilde wrote: »
    Is there any protection for the landloard? If they're not getting paid the rent what steps can they take?
    Yes, the landlord is supposed to give notice of arrears then start eviction proceedings.
    BorneTobyWilde wrote: »
    Seems the guards he called did not know they law. But that is no surprise in Ireland.
    The Guard was 100% corect in that there is nothing they can do once the locks have been changed and the landlord is the keyholder! If they had caught the landlord breaking in they could have arrested him but They cant allow or suggest the tenant to break back in as this is illegal. It is up to the tenant to take a case against the landlord for illegal eviction, a civil matter.


  • Options
    #14
    rubberdiddies
    Closed Accounts Posts: 717 ✭✭✭rubberdiddies


    foggy_lad wrote: »
    Yes, the landlord is supposed to give notice of arrears then start eviction proceedings.

    But that not protection for the landlord. That's no use to him when he hasn't been able to pay the mortgage for 3 months and and the bank initiates proceedings against him. Where's the protection there?

    Yes of course he shouldn't have changed the locks but seriously the regulations need to change drastically. We all know that tenants don't have to pay rent these days if they decide not to.


  • Options
    #15
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    rubberdiddies wrote: »
    Absolutely zero.
    Any tenant can suddenly decide not to pay rent and get up to 3 months rent free before moving on to screw over another landlord.

    Landlord has no enforceable rights.

    Everyone on this thread suggesting that the tenant go all guns blazing and screw the landlord for thousands in compo should have a think about the type of person they are.

    The OP admitted that the tenants haven't paid rent for at least 6 weeks. To me there is no difference there to walking into a shop and stealing something every day for 6 weeks. You can dress it up whatever way you want but it's stealing.


    There are rules in place for this sort of thing. You cannot lock someone out of their home and hold all of their possessions ransom because you have a grievance with them. It is outlandish behaviour and the landlord should be punished for it, even if he has a valid grievance, he isn't allowed to arbitrarily turn someone's life upside down. That can have drastic and immediate consequences.


  • Options
    #16
    Shadylou
    Registered Users Posts: 252 ✭✭Shadylou


    What does he expect you to do about your belongings? If it was me I'd gain entry even if it's only to get my stuff


  • Options
    #17
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Just pay the rent or move out, people should stop expecting others to give them a hand out (free roof over your head), this kind of thing really pisses me off, the tenants have more rights than the guy who owns the property and isn't being paid.

    They should change the law to allow deadbeat tenants to have their asses kicked out if they don't pay the rent they are contracted to pay. This guy admits that no rent has been paid for six weeks and then feels hard done by when the owner denies him use of the service he isn't paying for, the law truly is an ass.


  • Options
    #18
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    davo10 wrote: »
    Just pay the rent, stop expecting people to give you a hand out (free roof over your head), this kind of thing really pisses me off, the tenants have more rights than the guy who owns the property and isn't being paid.

    They should change the law to allow deadbeat tenants to have their asses kicked out if they don't pay the rent they are contracted to pay. This guy admits that no rent has been paid for six weeks and then feels hard done by when the owner denies him use of the service he isn't paying for, the law truly is an ass.

    This isn't their broadband package we're talking about, it's their home, their possessions. The building doesn't belong to them, but they live there. There are procedures for evicting someone, you don't just get to throw them out onto the street because they are in arrears.


  • Options
    #19
    dmrules
    Registered Users Posts: 150 ✭✭dmrules


    he still has their deposit ...can he use it against the money they own?


  • Options
    #20
    Markcheese
    Registered Users Posts: 8,480 ✭✭✭Markcheese


    BorneTobyWilde wrote: »
    Seems the guards he called did not know they law. But that is no surprise in Ireland.
    Is it not a civil case ... Not really a Garda issue then...

    Slava ukraini 🇺🇦



  • Options
    #21
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Zillah wrote: »
    This isn't their broadband package we're talking about, it's their home, their possessions. The building doesn't belong to them, but they live there. There are procedures for evicting someone, you don't just get to throw them out onto the street because they are in arrears.

    It isn't their property and it should be their home only as long as they abide by the terms of their contract, they are paying (or not in this case) to rent it, 6 weeks is a long time without paying rent. The owner should not be out of pocket because the tenants circumstances have changed. I understand that this may be an administrative error on SW's part and that rent "may" be paid but how long should this be allowed to go on for, a month? Two months? Six?. As others have said, a problem now exists that it is too difficult for LLs to evict tenants who can't/won't pay.


  • Advertisement
  • Options
    #22
    fash
    Registered Users Posts: 2,275 ✭✭✭fash


    rubberdiddies wrote: »
    Absolutely zero.
    Any tenant can suddenly decide not to pay rent and get up to 3 months rent free before moving on to screw over another landlord.

    Landlord has no enforceable rights.

    Everyone on this thread suggesting that the tenant go all guns blazing and screw the landlord for thousands in compo should have a think about the type of person they are.

    The OP admitted that the tenants haven't paid rent for at least 6 weeks. To me there is no difference there to walking into a shop and stealing something every day for 6 weeks. You can dress it up whatever way you want but it's stealing.
    The landlord has enforceable rights- he merely needs to follow procedure to get them enforced.
    It can take 10 months to enforce- 2 1/2 months for notice, 6 months to go to prtb, and then actual enforcement of the award through the courts if necessary if the tenant fails to respond.


  • Options
    #23
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    fash wrote: »
    The landlord has enforceable rights- he merely needs to follow procedure to get them enforced.
    It can take 10 months to enforce- 2 1/2 months for notice, 6 months to go to prtb, and then actual enforcement of the award through the courts if necessary if the tenant fails to respond.

    All the while the tenant isn't paying rent? Marvellous for free loading tenants. Now you know why LLs are becoming more choosy, why they want references from previous LLs and current employers and why many will not accept RA.


  • Options
    #24
    fash
    Registered Users Posts: 2,275 ✭✭✭fash


    davo10 wrote: »
    All the while the tenant isn't paying rent?

    Yeah-that's the law. The landlord can of course ask for a bigger deposit.


  • Options
    #25
    rubberdiddies
    Closed Accounts Posts: 717 ✭✭✭rubberdiddies


    fash wrote: »
    The landlord has enforceable rights- he merely needs to follow procedure to get them enforced.
    It can take 10 months to enforce- 2 1/2 months for notice, 6 months to go to prtb, and then actual enforcement of the award through the courts if necessary if the tenant fails to respond.

    10 months is a long time. Bank can foreclose in that time.

    That's the entire problem here. It shouldn't take 10+ months. There should be immediate results for both tenant (in the case where landlord is acting incorrectly) and landlord, in cases where they aren't getting paid.

    It's cases such as this that put LLs off accepting SW tenants, and it's completely understandable. If there was a rapid resolution system in place then it would help to eliminate the risk of taking any type of tenant. Surely that would be a win win for renting for everyone


  • Options
    #26
    dmrules
    Registered Users Posts: 150 ✭✭dmrules


    they thought about locksmith but landlord is a nut case... he owns a riffle and already told them that he will kill their dog if he sees him on his property again( landlord lives next door) they just afraid...


  • Options
    #27
    Engine No.9
    Registered Users Posts: 1,128 ✭✭✭Engine No.9


    rubberdiddies wrote: »
    So do you agree that they should live there rent free?

    No! Everybody runs into trouble at some stage or other when you pay for stuff in instalments. Businesses that don't honour the Force Majeure clause of standard contracts really shouldn't be in business.


  • Options
    #28
    rubberdiddies
    Closed Accounts Posts: 717 ✭✭✭rubberdiddies


    Shadylou wrote: »
    No doubt this will be closed soon as it shows the landlord in a bad light and this forum seems to be mostly landlords. The OP is looking for constructive advice not condemnation. What I would say is that the landlord acted illegally, there is a process to be followed and he messed up. I would hope that the landlord would allow them to collect their stuff and use their deposit towards the rent they owe

    There's no doubt the LL acted incorrectly here but his frustration is understandable. Also don't forget we are only hearing one side to this story.

    The whole system needs to be overhauled.

    As for advice to the OP.....
    Go through the PRTB, though expect to wait months. However let them deal with it.
    Don't attempt to screw the landlord for compensation. You're both at fault
    Move on, try to get alternative accommodation asap


  • Options
    #29
    rubberdiddies
    Closed Accounts Posts: 717 ✭✭✭rubberdiddies


    pajopearl wrote: »
    No! Everybody runs into trouble at some stage or other when you pay for stuff in instalments. Businesses that don't honour the Force Majeure clause of standard contracts really shouldn't be in business.

    If the LL in this case was a business the. I would agree with you. But I'm guessing that like the majority of LLs, they are private individuals not protected by company law


  • Options
    #30
    Engine No.9
    Registered Users Posts: 1,128 ✭✭✭Engine No.9


    dmrules wrote: »
    they thought about locksmith but landlord is a nut case... he owns a riffle and already told them that he will kill their dog if he sees him on his property again( landlord lives next door) they just afraid...

    The landlord has threatened them with violence??? Time to get the law involved, especially considering it involves firearms.


  • Advertisement
  • Options
    #31
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    dmrules wrote: »
    they thought about locksmith but landlord is a nut case... he owns a riffle and already told them that he will kill their dog if he sees him on his property again( landlord lives next door) they just afraid...

    Get them to call the gardai to ensure they are aware of that threat - that is within their remit.


This discussion has been closed.
Advertisement