Holding out with reference

Calina

jane82 wrote: »

There hasnt been a lease since year 1 ended.

Have a look at the lease you signed then because at least one of the tenancy agreements that I've signed over the last 10 years included a provision that if neither party objected or terminated, the lease was presumed to have rolled over for another 12 months.

This enabled me to fight back against a landlord announcing that "You have no lease any way, no one issued a new one".

jane82

But how will he dump the stuff on the street? He could easily be picked up and placed on the street.
Anyway got a phonecall he will be over in an hour to inspect the property.

Mrs OBumble

davo10 wrote: »

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.

Or illiteracy (last statistics I saw indicated it runs at 20% in Ireland).

OP, simple question: have you given the current LL's phone number to your prospective landlord?

A Yes or No answer will do nicely to tell us if you're really trying to get our or not.

jane82

I dont have a perspective landlord to give a number to. At the moment you go to view a house there is 20 other couples there and the letting agaent tells you to email your details and references.
Then they select who the tenants are going to be.

davo10

jane82 wrote: »

But how will he dump the stuff on the street? He could easily be picked up and placed on the street.

Seriously? The person who picks him up gets a free ride to the clink.

jane82

davo10 wrote: »

Seriously? The person who picks him up gets a free ride to the clink.

Davo in the real world that wont happen. You think the police are going to come out and throw a family on the street? The times of the famine have long passed. Police will come. Get both sides of the story then say its a civil matter and head off.
You wont go to jail for stopping a man throwing your stuff on the street.

davo10

jane82 wrote: »

Davo in the real world that wont happen. You think the police are going to come out and throw a family on the street? The times of the famine have long passed. Police will come. Get both sides of the story then say its a civil matter and head off.
You wont go to jail for stopping a man throwing your stuff on the street.

Yes Jane, people do go to jail for assault.

Jane, There is nothing to stop LL from taking possession of the property as you gave notice to end the tenancy. You can sue him but he will be in a very strong position.

Famine times?

odds_on

davo10 wrote: »

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.

I agree with djimi - a landlord cannot remove a tenant (even if the tenant remains after a tenant's notice of termination expires). Furthermore, it must go to the PRTB long before it can go before a judge and the courts.

However, if the tenant does remain after that date, the tenant may be liable for any landlord's expenses, such as having to pay for a new tenant to stay in a hotel because the property is not vacant.

From the OPs posts, thoughts of getting travellers to park in the driveway, overholding, I am not surprised that the landlord is not providing a reference until the OP and family have vacated. Such an attitude would deter any reasonable landlord from doiung so.

Jaybor

The landlord should really give you a written reference beforehand, unless he has reason to think you will mess him around at the end. He could be thinking that making you wait til everything is squared for the reference will help encourage you make sure everything is squared before moving out.

Whenever i have someone coming to move into a property I have their references and have called them.
Then, just before I meet them to hand over their keys I call their current landlord. Its amazing how a good reference turns into a bad reference the minute a landlord has a problem tenant out the door. Ive done it myself. Give a good reference to get the tenant off your hands, and then if anyone calls after they have gone, let rip about them.

Thats why its a good idea to ask for a potential tenants references from their last two or three landlords. The current one might be coy in case they end not moving out, but the others will have no such risks and can be honest.

davo10

odds_on wrote: »

I agree with djimi - a landlord cannot remove a tenant (even if the tenant remains after a tenant's notice of termination expires). Furthermore, it must go to the PRTB long before it can go before a judge and the courts.

OP can go to the PRTB, the district court, High Court, Supreme Court, the European Court of Human Rights and each time the LL will say he took possession of the house after the accepted notice given by the tenant.

The PRTB have powers but we would hope they are impartial and not idiots. When someone phones up and says, " I have given notice in accordance with the terms of my contract, it was accepted, now that notice has elapsed I'm pissed off with my LL and am thinking of getting someone to park on his drive, do I have any rights?", how do you think that conversation is going to end?

jane82

He has been and gone. He seemed shocked everything was perfectly in place. He said he was told the back garden was like a rubbish tip. It is fairly well kept I think a neighbour had an axe to grind or something he wouldnt speak anymore about it. He offered to renew the lease another year. I declined. Hes gone home to email the reference.
I think the neighbours were peed off with the noise of two small kids running around and scared him. Its quite an old area full of stuck up fogies.
Kids will be kids they run around the place a bit when theyve just learned to walk.
Anyway looks like a happy outcome for everyone.

Mrs OBumble

jane82 wrote: »

I dont have a perspective landlord to give a number to. At the moment you go to view a house there is 20 other couples there and the letting agaent tells you to email your details and references.
Then they select who the tenants are going to be.

So you go home and email the letting agent your current landlord's phone number.

Simples.

jane82

Mrs OBumble wrote: »

So you go home and email the letting agent your current landlord's phone number.

Simples.

Reference en route see last post.

The_Morrigan

jane82 wrote: »

Reference en route see last post.

....and on that note...thread closed.

Victor

davo10 wrote: »

J Forget djimi's crap

Constructive posts only please

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