Estate agent keeps turning up at flat unannounced & letting himself in.

oranbhoy67

just going to head to the Gard station now to try have a word ill let you's know how i get on

oranbhoy67

well that was quick just basically told me its a civil matter and to see a solicitor and get advice but to phone if he turns up anytime.. so basically reading between the lines these guys seem to have a licence to threaten to enter your house without permission having done so already

The_Conductor

oranbhoy67 wrote: »

reading between the lines these guys seem to have a licence to threaten to enter your house without permission having done so already

Nope. Its trespass, unless they are invited into the property, or have your express permission to enter the premises.

oranbhoy67

The_Conductor wrote: »

Nope. Its trespass, unless they are invited into the property, or have your express permission to enter the premises.

yeah true i know .. but if i was to phone some guy i was having a dispute with and threaten to come over and enter his house tonight would the gards recommend him to go to a solicitor? i doubt it !

Atlantic Dawn

You should tell the agent that any attempt to gain entry to the property will result in you protecting it up to and including force and you will not be responsible for any injuries that he incurs as a result and that you will be acting within your rights to protect your home.

Recording him breaking in to your home uninvited would be a good deterent too.

Thoie

Atlantic Dawn wrote: »

You should tell the agent that any attempt to gain entry to the property will result in you protecting it up to and including force and you will not be responsible for any injuries that he incurs as a result and that you will be acting within your rights to protect your home.

I wouldn't say that, as it sounds like you're preplanning violence.

oranbhoy67

Thoie wrote: »

I wouldn't say that, as it sounds like you're preplanning violence.

yeah i told him on the phone there will be consequences

so he can read into that how he will. but first thing ill be doing is ringing the gards and as suggested here videoing him if he dares step a foot near my door.


Just off the phone to the guy in Dublin from the bank and he said he fully supports me in this case and that this estate agent will no longer be offered any properties from them, basically stuff he said already.. he said he was going to ring him now too & tell him not too come up here to my flat Monday.

I just wish i could get the rest of the people in these apartments to stand up to him , they are all as sick off it as me but just wont do it, the elderly South African lady even sent me a Thank You card the last day for helping her thru this.. well he said Monday will be the last viewing so i hope to god it is for them.. & i've said it before but i am definitely reporting this guy on Monday to his regulator no more chances now.

SpaceTime

oranbhoy67 wrote: »

well that was quick just basically told me its a civil matter and to see a solicitor and get advice but to phone if he turns up anytime.. so basically reading between the lines these guys seem to have a licence to threaten to enter your house without permission having done so already

I think you should check out with a solicitor whether or not it's a civil matter.

The cheapest route is a complaint to the PRTB and to the regulating body.

Also contact : http://www.threshold.ie

Also video him on your phone / camera and note the date / time.

Chris_5339762

Just one thing in all this. Don't withhold rent, even if they continue acting like pillocks. You're obliged to pay rent no matter what.... and if it came to tribunals with the PRTB etc, you are in a much, much stronger position if you can say your rent is fully paid and not withheld. It would damage your credibility if they knew you'd withheld rent.

Thomas D

Chris_5339762 wrote: »

Just one thing in all this. Don't withhold rent, even if they continue acting like pillocks. You're obliged to pay rent no matter what.... and if it came to tribunals with the PRTB etc, you are in a much, much stronger position if you can say your rent is fully paid and not withheld. It would damage your credibility if they knew you'd withheld rent.

I've read lots of PRTB decisions and this is not the case. They don't punish people for not paying rent. They weigh up both sides and adjudicate separately. If you owe rent then they will award that to the landlord. They will then judge an amount of compensation form the tenants arguments and combine the two sums.

No Pants

Atlantic Dawn wrote: »

You should tell the agent that any attempt to gain entry to the property will result in you protecting it up to and including force and you will not be responsible for any injuries that he incurs as a result and that you will be acting within your rights to protect your home.

Oh no, we can't be having that. The tresspasser has a right to pursue his illegitimate living without fear. Make sure you give him adequate room to work when he enters, it's important that he doesn't feel rushed or crowded. If possible, offer refreshments.

Thoie

In addition to the chain (you are out buying a door chain right now, aren't you?), what kind of lock is on the door? If it's a Yale type lock with a "snip" or "catch", can you keep the snip on, thereby preventing anyone using the key from outside?

If it's the kind of lock where you have a key inside and out, then keep a key inside to prevent someone putting a key in outside.

Failing all else, put a wedge door stopper under the door to slow entry from outside. Just remember if that door is your only fire escape, remove anything like that before you go to bed.

Funky G

The estate agent is not permitted to enter the property as described by the OP.

The only times they would be allowed if its towards the end of the lease - usually a month, but with arrangement with you, so that they can show the house to prospective tenants. Or to do a routine inspection. Or because someone has made a complaint.

The only time they can walk in would if an emergency situation arose. Insert your own scenario in the space provided _________________

OP - my advice is to reg mail the EA with that what he's doing is not allowed, and that you are paying your rent without fail, and that he/she has no need to be marching on your property without prior arrangement.

No harm in keeping detailed records of the times and time spent at your property without notice. Keep your solicitor in the loop also. EA i think, must be attached to a regulatory body. See if they are registered with them. If so, give them a call and and inform them what they are doing to you.

Some people are advising putting a chain to the back of the door? For me, this is a grey area, drilling a piece of metal to the door and the frame, the EA might just throw his/her toys out of the pram, and there goes your deposit - damage of a door and frame.....

djimi

Viewings of any kind, even towards the end of a tenancy, are not a legal obligation for the tenant. Most people will be reasonable and will facilitate them within reason, but its not something that they have to agree to.

Marcusm

oranbhoy67 wrote: »

well that was quick just basically told me its a civil matter and to see a solicitor and get advice but to phone if he turns up anytime.. so basically reading between the lines these guys seem to have a licence to threaten to enter your house without permission having done so already

You need to let the Garda know that his entering the property is frightening you and your fellow tenants. Trespass with the occasion of fear is "criminal trespass" and properly the remit of the Gardai not a civil matter.

P. Breathnach

Marcusm wrote: »

You need to let the Garda know that his entering the property is frightening you and your fellow tenants. Trespass with the occasion of fear is "criminal trespass" and properly the remit of the Gardai not a civil matter.

But the truth seems to be that OP is not fearful, but is annoyed by the intrusion. It's wrong to tell lies in order to get the Gardaí involved.

foggy_lad

oranbhoy67 wrote: »

Well the saga continues..


Had a quiet week, there was no estate agents around all week .. someone stole the "for Sale" sign on paddies day but apart from that all was well.


I missed a call there just before 6 on my mobile it was from the estate agent TELLING me he had a viewing at Monday at half 6 .. one last viewing he stated.

I then rang him back from my house phone as i had no credit he didnt answer so i left a message on his voicemail reminding him that i had instructed his secretary that i was no longer dealing with them , i was polite & calm but to the point.


He then rang me on my house phone , i answered, he said "who's this?" nice start to the conversation .. he then instructed me that he was coming at half 6 on Monday whether i liked it or not that he wasn't dealing with me that he was dealing with the bank. i then informed him that i knew my rights and he daren't try to enter my home on Monday or there would be severe consequences.. then we had a bit of a general shouting match where i informed him that first thing on Monday i was reporting him to the regulator (im kicking myself for not having done it already but i thought things had cooled down).. i told him he has been very unprofessional from day one to which he replied im not anyone to talk about professional - (obviously a dig at my current unemployment situation) .. to be honest i actually got the impression he might have had drink taken .. i was shaking with anger and im only calming down now... im actually considering withholding rent for this month as i cant get any answer from the guy dealing with me from the bank in Dublin and he still hasnt done anything as well about the chronic damp & water damage on my ceiling despite promising to do so ASAP back in December and hasnt even replied to an email i sent Monday about the damp and about my neighbours flat flooding.

Visited my neighbours to ask did they recieve a call informing them of Mondays planned visit .. again he has informed the other male tenant and hasnt informed the 2 female ones yet .


Any advice as always appreciated

Have you complained to the PRTB?

Have you complained to the regulatory body for estate agents??

Have you bought a chain for the door AND an IP Network camera to record any intrusions while you are out???


This might sound harsh but if you have not done any of the above by now you are just lying on the doorstep waiting to be used as a doormat.

djimi

P. Breathnach wrote: »

But the truth seems to be that OP is not fearful, but is annoyed by the intrusion. It's wrong to tell lies in order to get the Gardaí involved.

Id be afraid if I was in my apartment alone and someone let themselves in without my consent.

SpaceTime

We had a situation like this in Dublin with a handyman.

My partner at the time wasn't very comfortable about him dropping in to fix things.

One day he let himself in and she was in the shower and she had locked the 'snib' on the apartment door.

He started rudely pounding on it and trying the lock and then trying to force the door!?

She thought he was a burglar of some sort and started screaming and called the Gardai.

In the meantime the guy left.

I rang the landlord and told him this was totally unacceptable. He basically told me my partner was unhinged!?!

We moved out shortly afterwards.

Honestly, I don't think the OP should be putting up with any of this. It's utterly unacceptable.

Marcusm

P. Breathnach wrote: »

But the truth seems to be that OP is not fearful, but is annoyed by the intrusion. It's wrong to tell lies in order to get the Gardaí involved.

I haven't read all of the post and perhaps I am projecting my own likely fears. If the EA has been instructed by his client (Bank) not to attempt entry then I would be fearful of his actions in continuing to do so.

wil

Have you considered that this may be intentional, ie constructive eviction.
There are not many investment buyers out there looking to hang on to existing tenants. Most are either families looking to convert big dwellings back to single homes at a good price, or looking to get much higher rents, particularly in Dublin. EAs are calling a lot of the shots mail bombing and ringing sellers as they are getting quick shift of the small number of properties available.

Clients may well be giving this looking for potential family homes. Have you checked what they have up on EA website? They may be pushing it as suitable for home, or higher rents.
End of the day, bank not bothered about you, just getting their money back, hence employ EA.

oranbhoy67

wil wrote: »

Have you considered that this may be intentional, ie constructive eviction.
There are not many investment buyers out there looking to hang on to existing tenants. Most are either families looking to convert big dwellings back to single homes at a good price, or looking to get much higher rents, particularly in Dublin. EAs are calling a lot of the shots mail bombing and ringing sellers as they are getting quick shift of the small number of properties available.

Clients may well be giving this looking for potential family homes. Have you checked what they have up on EA website? They may be pushing it as suitable for home, or higher rents.
End of the day, bank not bothered about you, just getting their money back, hence employ EA.

Yeah i know what you are saying and i have looked into this but the market up here in Letterkenny is way different .. and in my original post i was wrong.. this isn't a converted house, the house that was here was actually demolished and the present structure built specifically from scratch to house four 1 bedroom flats ...ive only just found that out.. so to me whoever is buying it isn't going to have 4 separate people/couples ready to move in .. especially up here where there is loads of empty rental properties and even if they do then in my case they have to give me 4 months notice .. this is what they have on their website describing it

"The property is a development of 4 No. 1 bedroom apartments comprising living room/kitchen/dining area, bedroom and bathroom.

Located within close proximity to town centre and local amenities. Presented in good decorative order

This is an excellent opportunity for investors to acquire excellent value for money.

SOLD AS ONE LOT..."

oranbhoy67

P. Breathnach wrote: »

But the truth seems to be that OP is not fearful, but is annoyed by the intrusion. It's wrong to tell lies in order to get the Gardaí involved.

I am annoyed by it yes not fearful of violence but fearful of the fact this guy who basically will have a grudge with me could be in my house now anytime i go out

foggy_lad wrote: »

Have you complained to the PRTB?

Have you complained to the regulatory body for estate agents??

Have you bought a chain for the door AND an IP Network camera to record any intrusions while you are out???


This might sound harsh but if you have not done any of the above by now you are just lying on the doorstep waiting to be used as a doormat.

Havent complained to the PRTB as it is not the estate agents that i am paying rent to so i don't think there is much the PRTB can do though i will find out .. i will be ringing both them and threshold (for the 3rd time) on Monday morning.


Same goes for the regulator i am going to see if i can register a complaint with them Monday morning too.


I wont be buying a chain for my door as stated above id be fearful of losing my deposit or some other technicality cropping up due to this.


And lastly i have a friend showing me how to set up and giving me a computer programme for a motion recording camera for my laptop for when i am out of the flat.

wexie

Marcusm wrote: »

You need to let the Garda know that his entering the property is frightening you and your fellow tenants. Trespass with the occasion of fear is "criminal trespass" and properly the remit of the Gardai not a civil matter.

oranbhoy67 wrote: »

yeah true i know .. but if i was to phone some guy i was having a dispute with and threaten to come over and enter his house tonight would the gards recommend him to go to a solicitor? i doubt it !

I don't know if this has already been suggested but you may well find that if you got one of the female tenants to ring the gards they'd get a completely different reaction. The younger (or older) the better.

Thoie

oranbhoy67 wrote: »

I am annoyed by it yes not fearful of violence but fearful of the fact this guy who basically will have a grudge with me could be in my house now anytime i go out

Havent complained to the PRTB as it is not the estate agents that i am paying rent to so i don't think there is much the PRTB can do though i will find out .. i will be ringing both them and threshold (for the 3rd time) on Monday morning.

Same goes for the regulator i am going to see if i can register a complaint with them Monday morning too.

I wont be buying a chain for my door as stated above id be fearful of losing my deposit or some other technicality cropping up due to this.

And lastly i have a friend showing me how to set up and giving me a computer programme for a motion recording camera for my laptop for when i am out of the flat.

Look, as someone else above has said, at this stage you're being a complete doormat. This has dragged on and on, and you're allowing him walk all over you.

F*** the deposit - a chain isn't going to cause any damage to the door that you probably couldn't fix yourself. Given that your landlord's gone bust, do you have a receipt for your deposit anyway to prove to the bank that you're owed something back? If you really want to be strict about it, buy the chain, leave it in its packing, and get an email from your contact in the bank first thing Monday morning allowing you to fit it - just tell them you have security concerns. Then fit it well before the EA is due to turn up.

oranbhoy67

Thoie wrote: »

Look, as someone else above has said, at this stage you're being a complete doormat. This has dragged on and on, and you're allowing him walk all over you.

F*** the deposit - a chain isn't going to cause any damage to the door that you probably couldn't fix yourself. Given that your landlord's gone bust, do you have a receipt for your deposit anyway to prove to the bank that you're owed something back? If you really want to be strict about it, buy the chain, leave it in its packing, and get an email from your contact in the bank first thing Monday morning allowing you to fit it - just tell them you have security concerns. Then fit it well before the EA is due to turn up.

Ill be here on Monday anyway at the time he has arranged to give a viewing . if he tries to enter my flat then first of all he will be videoed & at the same time the Gards will be called. I dont have a drill and i cant afford one for a flat that i may be get evicted from any day in the near future, he will see how much a doormat i am if he trespasses into my living area.

Aint Eazy Being Cheezy

oranbhoy67 wrote: »

Ill be here on Monday anyway at the time he has arranged to give a viewing . if he tries to enter my flat then first of all he will be videoed & at the same time the Gards will be called. I dont have a drill and i cant afford one for a flat that i may be get evicted from any day in the near future, he will see how much a doormat i am if he trespasses into my living area.

You don't need a drill to fit the chain. A phillips screwdriver will do.

foggy_lad

oranbhoy67 wrote: »

I am annoyed by it yes not fearful of violence but fearful of the fact this guy who basically will have a grudge with me could be in my house now anytime i go out

Get yourself a spy camera for about €25-€50 on adverts.ie It wil alert you by email if it detects motion when you are out.(I see you are already doing this).

Havent complained to the PRTB as it is not the estate agents that i am paying rent to so i don't think there is much the PRTB can do though i will find out .. i will be ringing both them and threshold (for the 3rd time) on Monday morning.

The estate agent is acting as agent of the current lndlord so the PRTB are the only people who can take proper action on this for you!

Same goes for the regulator i am going to see if i can register a complaint with them Monday morning too.

You will need to send a formal written complaint to the estate agent first.

I wont be buying a chain for my door as stated above id be fearful of losing my deposit or some other technicality cropping up due to this.

No company or landlord could reasonably refuse to repay a deposit or evict a tenant over such an important security feature as a security chain.

And lastly i have a friend showing me how to set up and giving me a computer programme for a motion recording camera for my laptop for when i am out of the flat.

Good idea but you might be better using an IP camera instead of a laptop camera as the laptop would need to be left on all the time.

enfant terrible

Why are renters not allowed to change locks?

Surely they should be allowed security and privacy while they are renting a property.

djimi

enfant terrible wrote: »

Why are renters not allowed to change locks?

Surely they should be allowed security and privacy while they are renting a property.

Renters are not allowed to make any changes to the property without the prior consent of the landlord. If there is good reason to change the locks then Im sure most landlords would not have an issue with it, however a tenant cannot change the locks in an effort to stop a landlord gaining access to the property.