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    #32
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    OP you have two big things working against you on this one. The key thing is that in order to have the high moral ground, and most rights in a case, you need to be compliant and have paid rent on time, this is not the case.

    You are only in situ just over two months, this does not give you tenancy protection rights as Part IV would give you had you been there for six months.

    This still doesn't give your landlord's brother any right to enter your home, nor does it entitle the landlord to just kick you out. Start with Threshold, they will help you.


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    #33
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    The OP got notice of arrears and cleared the arrears within the time allowed. What exactly are the grounds for eviction?


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    #34
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    No Pants wrote: »
    The OP got notice of arrears and cleared the arrears within the time allowed. What exactly are the grounds for eviction?
    The OP has a Periodic tenancy because no lease has been signed and the OP has not been in occupation for more than 6 months. Thus, a landlord may evict a tenant without giving a reason and a notice period of 28 days is required.


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    #35
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    odds_on wrote: »
    The OP has a Periodic tenancy because no lease has been signed and the OP has not been in occupation for more than 6 months. Thus, a landlord may evict a tenant without giving a reason and a notice period of 28 days is required.
    Does this still have to be given in writing?


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    #36
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,384 CMod ✭✭✭✭Pawwed Rig


    No Pants wrote: »
    Does this still have to be given in writing?

    Absolutely


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    #37
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Pawwed Rig wrote: »
    Absolutely
    OP,until you receive the eviction notice in writing, the clock hasn't started on the 28 days. You can stay put until it does.


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    #38
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    No Pants wrote: »
    The OP got notice of arrears and cleared the arrears within the time allowed. What exactly are the grounds for eviction?
    All he will do is delay the inevitable. They aren't going to let him stay after 6 months as he has failed to pay the rent. He will not get to go part 4.

    As for entering the place, justifiable entry due to fear the occupant was injured. The reaction could easily be due to concern your honour. It looked like he was in but couldn't make it to the door.

    Paying rent within the extended lenience period is not a good thing. Nobody is happy with the situation so the OP should leave.


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    #39
    toughapple
    Closed Accounts Posts: 44 ✭toughapple


    retrogamefan wrote: »
    That's nice. Would you like dockets and prescriptions from the hospital? Will that prove my truth? I'll ring the taxi and get them to write me up a recipt too. Oh, and see if they have audio surveillance of her screaming in pain on the way to the hospital, I didn't ask for you to talk about what you deem truth or not, I asked if I have rights here. I'm not worried about me, I'm worried about my girlfriend and my baby, I'm worried about having enough time to find a decent house in a decent area, with a decent landlord. Yes, I missed 2/8 weeks. God forgive me, burn me at the stake, I took care of my pregnant girlfriend over rent payments, that take second in line to herself and the babies health.

    The landlord might also have a pregnant girlfriend who needs to be brought to hospital. When you don't pay rent you make things worse for all tenants. Tenants like you give all tenants a bad name. It makes landlords give up on letting thereby creating a shortage of accommodation and driving rents up all round.


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    #40
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,384 CMod ✭✭✭✭Pawwed Rig


    Ray Palmer wrote: »
    As for entering the place, justifiable entry due to fear the occupant was injured. The reaction could easily be due to concern your honour. It looked like he was in but couldn't make it to the door

    I think it would be a stretch that anyone would believe that:D

    By far the biggest wrong here is the brother coming into the house but neither party is blameless and the best thing for everyone would be a parting of ways. The landlord seems like an absolute amateur but is doing the right thing (in the wrong way).


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    #41
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Pawwed Rig wrote: »
    I think it would be a stretch that anyone would believe that:D

    By far the biggest wrong here is the brother coming into the house but neither party is blameless and the best thing for everyone would be a parting of ways. The landlord seems like an absolute amateur but is doing the right thing (in the wrong way).

    You can't claim intent for something you weren't around for and ultimately it is a valid reason. I thought I smelled gas is also valid. If the police can make these claims why not a member of the public?


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    #42
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,384 CMod ✭✭✭✭Pawwed Rig


    Because the PRTB would take the tenants side is the obvious answer.


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    #43
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Pawwed Rig wrote: »
    Because the PRTB would take the tenants side is the obvious answer.
    No they didn't :)


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    #44
    metroburgers
    Registered Users Posts: 456 ✭✭metroburgers


    retrogamefan wrote: »
    It's not a case of not being able to afford it, I paid every week, on time bar 2 missed payments, which I didn't plan on. We're having a baby and hospital bills and fares to and from the hospital for things we didn't expect left me short on rent, the only reason I'm here is because we need a house for the baby. We were in a studio apartment previously, and obviously that's not gonna work out with a baby.
    retrogamefan wrote: »
    I have always paid it on time, and when I couldn't pay because the bank messed up my wage
    retrogamefan wrote: »
    That's nice. Would you like dockets and prescriptions from the hospital? Will that prove my truth? I'll ring the taxi and get them to write me up a recipt too. Oh, and see if they have audio surveillance of her screaming in pain on the way to the hospital, I didn't ask for you to talk about what you deem truth or not, I asked if I have rights here. I'm not worried about me, I'm worried about my girlfriend and my baby, I'm worried about having enough time to find a decent house in a decent area, with a decent landlord. Yes, I missed 2/8 weeks. God forgive me, burn me at the stake, I took care of my pregnant girlfriend over rent payments, that take second in line to herself and the babies health.
    retrogamefan wrote: »
    I have always paid it on time, and when I couldn't pay because the bank messed up my wage I told him and I went out of my way to get his money

    I was talking about your first quote above, where you say its not a case of not being able to afford it... which is untrue as at times, you have not been able to afford it and have missed payments. Your reasons for this are inconsistent, one min you say the bank was responsible for you missing the rent payments and the next you say you prioritised your pregnant girlfriend over rent payments.


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    #45
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    Indeed they did. They gave credit to the LL and left me with the money, which I used to get her sorted.


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    #46
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    His biggest problem is they way he handles things. His notice periods seem to be non existent. There's tenants who used to be here still getting post addressed to them even though they've been gone for years. His brother is supposed to be managing the house yet, when I phoned weeks ago, asking to come inspect a severe patch of damp which is almost taking over a whole section of wall. He still hasn't came to look, but he lets himself in when he suspects I'm not paying him


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    #47
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    metroburgers wrote: »
    I was talking about your first quote above, where you say its not a case of not being able to afford it... which is untrue as at times, you have not been able to afford it and have missed payments. Your reasons for this are inconsistent, one min you say the bank was responsible for you missing the rent payments and the next you say you prioritised your pregnant girlfriend over rent payments.

    Who gives a sh1t what the reasons are? Stick to the facts. Arrears were paid within the time period. The OP has no part 4 and can be asked to leave with 28 days notice.

    The brother cannot be hassling you though.


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    #48
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    retrogamefan wrote: »
    His biggest problem is they way he handles things. His notice periods seem to be non existent. There's tenants who used to be here still getting post addressed to them even though they've been gone for years. His brother is supposed to be managing the house yet, when I phoned weeks ago, asking to come inspect a severe patch of damp which is almost taking over a whole section of wall. He still hasn't came to look, but he lets himself in when he suspects I'm not paying him
    The fact that the ex tenants' post is still coming is not the landlord's fault - it is the ex tenants'.

    Always follow up any phone call with a written notice/letter confirming what was said on the phone. This way, if there is a dispute at a later date, you have proof of what was said/agreed. Remember that different people understand things differently (either on purpose or untentionally) and written confirmation is essential.

    If it is an issue for which the landlord is responsible, and you want it rectified, you should also put a reasonable time frame for the problem to be resolved. In general, 14 days is considered as a reasonable time frame.

    This would also include the landlord/his agent (in this case the landlord's brother) entering your home without your express consent. You should advise them both accordingly.

    Furthermore, as you do not have a written lease agreement, the landlord is required by law to provide you with a rent book, which should include certain details of the verbal rent agreement. Not to have either a rent book or a lease agreement which contains the details as required by law, would make the landlord in breach of his obligations. You should ensure you have one or the other.


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    #49
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Ray Palmer wrote: »
    All he will do is delay the inevitable. They aren't going to let him stay after 6 months as he has failed to pay the rent. He will not get to go part 4.

    As for entering the place, justifiable entry due to fear the occupant was injured. The reaction could easily be due to concern your honour. It looked like he was in but couldn't make it to the door.

    Paying rent within the extended lenience period is not a good thing. Nobody is happy with the situation so the OP should leave.

    Wouldn't this be illegal entry? A landlord can't just let themselves in and claim some concern for the tenants safety or for gas leaks etc later. They would have to call the Guards and they will be very reluctant to break in without evidence of any danger to the tenant or smell of gas etc and that all other means of contact with the tenant had been exhausted!


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    #50
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    foggy_lad wrote: »
    Wouldn't this be illegal entry? A landlord can't just let themselves in and claim some concern for the tenants safety or for gas leaks etc later. They would have to call the Guards and they will be very reluctant to break in without evidence of any danger to the tenant or smell of gas etc and that all other means of contact with the tenant had been exhausted!
    Nope a LL can enter a property under these grounds.


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    #51
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    Ray Palmer wrote: »
    Nope a LL can enter a property under these grounds.
    If you entered my home under these false pretenses you'd need the assistance of a different emergency service


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    #52
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    drumswan wrote: »
    If you entered my home under these false pretenses you'd need the assistance of a different emergency service
    PRTB agreed with me so I'll trust them on this. Who said they were false?


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    #53
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Ray Palmer wrote: »
    Nope a LL can enter a property under these grounds.
    Only once if it turns out to be false I suspect.


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    #54
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Ray Palmer wrote: »
    PRTB agreed with me so I'll trust them on this. Who said they were false?

    Had you made no attempts at all to contact the tenants when you entered illegally?


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    #55
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Folks cut it out, could you please get back to the OP's scenario


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    #56
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    Ray Palmer wrote: »
    PRTB agreed with me so I'll trust them on this. Who said they were false?

    They're false because


    A) there's no gas in the house

    B) he knows I'm living with my girlfriend and so if there was something wrong she'd have called someone

    C) he didn't enter for any other reason than to cause trouble, when I said what he's doing, he replied with "this is my house I'll do what I want you little prick"


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    #57
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    odds_on wrote: »
    If it is an issue for which the landlord is responsible, and you want it rectified, you should also put a reasonable time frame for the problem to be resolved. In general, 14 days is considered as a reasonable time frame.

    Is 3 weeks? If not, what about if when I called him about it, he said he'd be there at 8pm the same day to look at it?


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    #58
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    retrogamefan wrote: »
    Is 3 weeks? If not, what about if when I called him about it, he said he'd be there at 8pm the same day to look at it?
    Sorry, I fail to understand your question.

    Any problem for which the landlord is responsible should be advised in writing (even after a phone call) setting out the problem and ststing a time frame by which the problem should be remedied. 14 days is generally ample time for a landlord to have the problem resolved.

    If you do not set a time frame the the landlord may drag it out for weeks or even months. By putting the issue in writing (keep a dated copy) you have a record of both the problem and by when it should be remedied.

    If the landlord fails to remedy the problem then you can bring a case against the landlord for breach of obligations. However, provided the landlord has genuinely attempted to remedy the matter, but, for example, he has to wait for replacement parts, he is not in breach of his obligations.


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