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Holding out with reference

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2

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    #32
    suds1984
    Registered Users Posts: 221 ✭✭suds1984


    Would the old landlord provide a reference if she gives the new landlord his phone number and got the new landlord to ring him? If got on the spot the old landlord might give the reference?


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    #33
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    Old landlord lives in Germany(hes a musician) and very hard to get a hold of plus its that long ago I doubt he remembers us.
    We are trying to find the one before that but Im sure the new landlords would want to know why the last landlord didnt give us one and the only landlord to give one is 10 years ago.


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    #34
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    jane82 wrote: »
    Old landlord lives in Germany(hes a musician) and very hard to get a hold of plus its that long ago I doubt he remembers us.
    We are trying to find the one before that but Im sure the new landlords would want to know why the last landlord didnt give us one and the only landlord to give one is 10 years ago.

    Jane, giving a reference is quick, easy and in LLs best interest if he wants you out, there are only two reasons why he wouldn't give you one, apathy and discontent.


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    #35
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    jane82 wrote: »
    Old landlord lives in Germany(hes a musician) and very hard to get a hold of plus its that long ago I doubt he remembers us.
    We are trying to find the one before that but Im sure the new landlords would want to know why the last landlord didnt give us one and the only landlord to give one is 10 years ago.

    I think Suds means your current landlord. Tbh if it were me Id be giving your new landlord your current landlords number and telling them to ring them. You have nothing to lose anyway; no reference is about the same as a bad reference, so even if the current landlord decides to bad mouth you then you really are no worse off.


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    #36
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    "I have given notice" OP's words, they could not be simpler. A reference is not an entitlement, LL would not be evicting OP on that date.

    Reference is not an entitlement, but nobody in their right mind is going to leave a property if it means being homeless. What is legally right and what the tenant will get away with are two very different things in Ireland, and if the tenant turns around and decides that they are not leaving the property until they get their written reference then there is sweet FA that the landlord can do about it.

    I know its not right to condone such behaviour, but if the alternative is being out on the street with nowhere to go because the landlord is acting the prick then I dont see that the OP has any other option.


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    #37
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    Got him on the phone just there. He said "look I cant give you a reference before you 're out. What if you leave a load of rubbish behind or damage something on purpose Ive had to get skips after tenants moved before". Then he hung up.


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    #38
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    While I see his point, counter with the fact that you cant move out until you get a reference, and then try to come to some compromise. Clean the place in advance and let him inspect it a few days before you move out.


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    #39
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    nobody in their right mind is going to leave a property if it means being homeless. What is legally right and what the tenant will get away with are two very different things in Ireland, and if the tenant turns around and decides that they are not leaving the property until they get their written reference then there is sweet FA that the landlord can do about it.
    .

    Hey, this is not a case of LL trying to evict a tenant nor a tenant invoking their legal right, OP has given notice to be out on a certain date, why would LL not be able to take possession on that day? It is OPs responsibility to find new accommodation.


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    #40
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Hey, this is not a case of LL trying to evict a tenant nor a tenant invoking their legal right, OP has given notice to be out on a certain date, why would LL not be able to take possession on that day?

    Because that is the law that we have in Ireland. An overholding tenant is still a tenant and any attempts to remove them against their will (before the PRTB, courts get involved) will be seen as an illegal eviction and the landlord will be punished as such. Its a mindnumbingly **** system that we have, but welcome to the wonderful world of renting in Ireland...!


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    #41
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    While I see his point, counter with the fact that you cant move out until you get a reference, and then try to come to some compromise. Clean the place in advance and let him inspect it a few days before you move out.

    Simple statement, " I have given notice"


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    #42
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Simple statement, " I have given notice"

    And?


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    #43
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    Because that is the law that we have in Ireland. An overholding tenant is still a tenant and any attempts to remove them against their will (before the PRTB, courts get involved) will be seen as an illegal eviction and the landlord will be punished as such. Its a mindnumbingly **** system that we have, but welcome to the wonderful world of renting in Ireland...!

    Which law are you referring to? complete BS, OP has given notice, that means she informed LL she would be ending lease and moving out on a certain date, why in your opinion would she be entitled to stay longer?


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    #44
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    And?


    Could OPs statement be any simpler for you? " I have given notice", there it is again.


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    #45
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Which law are you referring to? complete BS, OP has given notice, that means she informed LL she would be ending lease and moving out on a certain date, why in your opinion would she be entitled to stay longer?

    She isnt entitled to stay longer. But likewise the landlord isnt entitled to forcefully remove her if she decides not to go, and can be done for illegal eviction if they dont follow the same process that they would have to take for any other tenant. Like I said, its a messed up system that we have.


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    #46
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Could OPs statement be any simpler for you? " I have given notice", there it is again.

    You can repeat it as often as you like; its not going to mean any more than it did the first time.


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    #47
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    jane82 wrote: »
    Got him on the phone just there. He said "look I cant give you a reference before you 're out. What if you leave a load of rubbish behind or damage something on purpose Ive had to get skips after tenants moved before". Then he hung up.

    What is the problem with this? Having posted that you would invite others to park on his driveway I think his position is justified.


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    #48
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    You can repeat it as often as you like; its not going to mean any more than it did the first time.

    Nor any less.


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    #49
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    She isnt entitled to stay longer. But likewise the landlord isnt entitled to forcefully remove her if she decides not to go, and can be done for illegal eviction if they dont follow the same process that they would have to take for any other tenant. Like I said, its a messed up system that we have.

    Complete BS, What law were you referring to that allows an tenant to stay on beyond the notice THEY GAVE, to end a tenancy.? OP has given notice to end a contract.


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    #50
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Complete BS, What law were you referring to that allows an tenant to stay on beyond the notice THEY GAVE, to end a tenancy.? OP has given notice to end a contract.

    Okay, youre missing the point here. There is no law that allows a tenant to stay beyond there notice. There is, however, a legal system that prevents a landlord from forcefully removing an overholding tenant before they have followed the full legal process to evict them.

    If you think that it is complete BS then go off and have a read of all the tenants who are only too adept at playing the system. There have been plenty of stories on here of them; landlords who have gone for months without rent because they have tenants that they cannot legally evict until the PRTB and courts says so.

    Youre confusing the law with the system and making the incorrect assumption that they work together in tandem. When it comes to renting in Ireland, they very much do not.


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    #51
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    My boyfriend is fuming he left a voicemail on the landlords phone telling him he will be vacating the house when he finds a new one. He told him its in his best interest to get the reference over as soon as possible. Hes gone and stormed out of the house. He does know a couple of travellers from his work but I dont think he will move them in.


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    #52
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    Okay, youre missing the point here. There is no law that allows a tenant to stay beyond there notice. .

    Nope, I'm not missing the point but you don't seem to understand it, the OP has given notice to move out and this has been accepted. Could this be any simpler for you?

    I'm glad you clarified the fact that there is no law to back up your statement.


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    #53
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    jane82 wrote: »
    My boyfriend is fuming he left a voicemail on the landlords phone telling him he will be vacating the house when he finds a new one. He told him its in his best interest to get the reference over as soon as possible. Hes gone and stormed out of the house. He does know a couple of travellers from his work but I dont think he will move them in.

    Reference anyone? OP you do realise that if you stay there and you invite travellers to park on the drive, you willbe living in a house with travellers on your drive.

    Also you are doing a disservice to our nomadic brethren, they are not sandwich boarders, you can't just phone them up and say "hey move your caravan over here, I'm havin problems with me landlord". Even if you could, there would have to be something in it for them, would you like to owe them money?


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    #54
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Nope, I'm not missing the point but you don't seem to understand it, the OP has given notice to move out and this has been accepted. Could this be any simpler for you?

    I'm glad you clarified the fact that there is no law to back up your statement.

    Im intrigued to know what you think the landlord can do if a tenant decides to overhold? Ask them nicely to leave? Because thats about the only thing that they can do that wont see them in hot water with the PRTB.


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    #55
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    Im intrigued to know what you think the landlord can do if a tenant decides to overhold? Ask them nicely to leave? Because thats about the only thing that they can do that wont see them in hot water with the PRTB.

    Ah, what's stops the LL from removing them? Do you think the PRTB some kind of vigilantly organisation?

    If they went to PRTB and told them they gave notice, notice was accepted, LL arrived on last day if tenancy to get keys, what exactly would OP be making a complaint about?

    I'm not sure this could be any simpler for you, maybe it can?


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    #56
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    davo10 wrote: »
    Ah, what's stops the LL from removing them? Do you think the PRTB some kind of vigilantly organisation?

    If they went to PRTB and told them they gave notice, notice was accepted, LL arrived on last day if tenancy to get keys, what exactly would OP be making a complaint about?

    I'm not sure this could be any simpler for you, maybe it can?

    If it was that simple then there would no such thing as an overholding tenant.

    Also notice can be revoked by the tenant; its not exactly difficult.


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    #57
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    I dont think he would be able to forcefully remove us. Unless he hires a few goons. Courts are his only option really.


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    #58
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    djimi wrote: »
    If it was that simple then there would no such thing as an overholding tenant.

    Also notice can be revoked by the tenant; its not exactly difficult.

    Put up or ...... up. Have you something to back this up?

    OP had a lease agreement, no doubt it mentioned notice of termination. OP invoked that right to end tenancy, LL accepted it.


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    #59
    jane82
    Banned (with Prison Access) Posts: 1,590 ✭✭✭jane82


    davo10 wrote: »
    Put up or ...... up. Have you something to back this up?

    OP had a lease agreement, no doubt it mentioned notice of termination. OP invoked that right to end tenancy, LL accepted it.
    There hasnt been a lease since year 1 ended.


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    #60
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    jane82 wrote: »
    I dont think he would be able to forcefully remove us. Unless he hires a few goons. Courts are his only option really.

    Jane you gave notice to vacate, he is not evicting you, he is taking possession because YOU ended the lease, he could dump your stuff on the street and you could sue him for wrongful eviction but when he stands up on court he will tell the judge that YOU gave him notice to vacate. Now I'm not a lawyer but I can't imagine that going in your favour. Forget djimi's crap about the PRTB, once you tell them you gave notice, that will be the end of the conversation.


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    #61
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    jane82 wrote: »
    There hasnt been a lease since year 1 ended.

    Anyone?


This discussion has been closed.
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