Landlady cut off electricity

Young Blood

My girlfriends landlady cut off the electricity to her apartment. She wants her to move out eventhough she has been paying rent for the last 4 months shes been there. My girlfriend doesnt know what to do because her visa has expired and she is no longer legal.
It seems as though the landlady wants her out to put up the rent.
This is absolutely disgraceful in this day and age.
What can she do? She is a human being after all

antoinolachtnai

Your girlfriend needs to contact threshold urgently. I would imagine they will suggest making a complaint to PRTB.

Mr. Incognito

Prtb. Dont move.

Gatling

Move out and sort the visa before she's gets in real trouble

the_syco

Young Blood wrote: »

My girlfriend doesnt know what to do because her visa has expired and she is no longer legal.

What sort of visa is it? Working visa, student visa or what? Also, what nationality is she? Does she still need the visa?

Young Blood

the_syco wrote: »

What sort of visa is it? Working visa, student visa or what? Also, what nationality is she? Does she still need the visa?

An expired student visa. But im sure that doesnt negate her human rights.

MouseTail

Young Blood wrote: »

An expired student visa. But im sure that doesnt negate her human rights.

Well it does really, someone here illegally will not be able to avail of PRTB. She is in a bind really, has she somewhere else to go whilst she sorts out her visa?

antoinolachtnai

MouseTail wrote: »

Well it does really, someone here illegally will not be able to avail of PRTB. She is in a bind really, has she somewhere else to go whilst she sorts out her visa?

Since when was immigration status a criterion at PRTB? Go to Threshold and fast.

There are going to be practical problems for sure. The alternative is to fold and move out.

Young Blood

MouseTail wrote: »

Well it does really, someone here illegally will not be able to avail of PRTB. She is in a bind really, has she somewhere else to go whilst she sorts out her visa?

The issue here isnt her visa. The issue here is the landlord cutting off the electricity to her apartment for which she has paid for.

The_Conductor

Another thing guys- the tenant has only been there 4 months- so the terms of a Part 4 Tenancy under the 2004 Tenancy Act- do not apply. The landlord is entitled to request the tenant vacate the property, without specifying a reason, for the first 6 months of a tenancy. If there is a lease in place- its provisions are a civil matter between the tenant and the landlord.

The underlying act and the provisions governing the rights of the tenant- are the 2004 Act- and if the tenant is somehow relying on a Part 4 tenancy under the Act- it doesn't exist until 6 months residency have been established.

Cutting off utilities is not acceptable behaviour. Keep in mind though- if the utility is not in the tenants name- and the providor cut off the supply- it is not as clear-cut a breach- as it would be were an illegal entry to the property undertaken to cut the power.

Does the tenant have a lease?
Are they renting the property in its entirety?
Are they there with the specific and forewarned knowledge and acceptance of the landlord (aka- if they took over from someone else- was the permission of the landlord sought, and granted)?
Are there other housemates?
If not- when did they leave and under what circumstances?
If there were previously- is the current tenant paying the rent for the entire property now- or are they attempting to only pay the rent for a single room, in a property in which they are the sole tenant?

There are more questions here than answers.

gordongekko

Can she just ring esb pay the reconnection fee and have the esb in her name?

GarIT

Young Blood wrote: »

The issue here isnt her visa. The issue here is the landlord cutting off the electricity to her apartment for which she has paid for.

Her money is no good here, she has no right to be here. It doesn't matter what she paid for. She won't have this problem if she leaves.

Victor

This is the Accommodation & Property forum. Let's keep this on-topic please.

Moderator

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GarIT wrote: »

Her money is no good here,

Yes, it is.

she has no right to be here.

Not for the landlady to decide.

It doesn't matter what she paid for.

Yes, it does.

She won't have this problem if she leaves.

What if the visa situation gets cleared up today?

GarIT

Victor wrote: »

This is the Accommodation & Property forum. Let's keep this on-topic please.

Moderator

---

Yes, it is.

Not for the landlady to decide.

Yes, it does.

What if the visa situation gets cleared up today?

The landlady could get in trouble for knowingly aiding an illegal immigrant to stay in the country, if it was me I'd want the remnant out ASAP which I think is reasonable given the circumstances. She is being nice by not contacting the gardai IMO.

garhjw

OP, did the land lady provide A notice to vacate the apartment? Or did she just cut the electricity?

Zulu

There's clearly more to this story.
Op you say she's paid the last four months rent: when did she move in? Was it four months ago? And if not, why mention four months: was she late/in arrears prior to that?

Clarification required really.

That said cutting the electricity is drastic. (which is why I suspect bigger picture)

MouseTail

antoinolachtnai wrote: »

Since when was immigration status a criterion at PRTB? Go to Threshold and fast.

There are going to be practical problems for sure. The alternative is to fold and move out.

Since always, an illegal immigrant cannot avail of the PRTB whilst staying here illegally.

Young Blood

garhjw wrote: »

OP, did the land lady provide A notice to vacate the apartment? Or did she just cut the electricity?

no notice was given. But the landlady has been pressuring her to move out the last couple of months. The landlady has also refused to collect last months rent.

Timberrrrrrrr

MouseTail wrote: »

Well it does really, someone here illegally will not be able to avail of PRTB. She is in a bind really, has she somewhere else to go whilst she sorts out her visa?

Complete and utter BS. Her visa requirements or status are nothing to do with PTRB and even if she is here illegally it does not give the LL the right to treat her like **** and break the law.

Arbiter of Good Taste

Young Blood wrote: »

no notice was given. But the landlady has been pressuring her to move out the last couple of months. The landlady has also refused to collect last months rent.

OP you did not answer a very important question. How long has your girlfriend been renting the property?

ted1

Whose name is the ESB in? How did the landlady cut it off? By pulling the fuse? By getting ESB to disconnect? The tenant should have the bill in her name.

With regards going to the PRTB if you kick up a fuss the reality is that emigration may be alerted.

Timberrrrrrrr

ted1 wrote: »

Whose name is the ESB in? How did the landlady cut it off? By pulling the fuse? By getting ESB to disconnect? The tenant should have the bill in her name.

With regards going to the PRTB if you kick up a fuss the reality is that emigration may be alerted.

So you think ops GF should just slink away into the night and let the LL get away with her behaviour? What about the next tenant?

ted1

Timberrrrrrrr wrote: »

So you think ops GF should just slink away into the night and let the LL get away with her behaviour? What about the next tenant?

I dint think people should be illegally in the country and if they expect to be protected by the laws of the land then they should also be subjected to the laws if the land.

I also asked whose name the bills were in. If they were in the tenants as they should have been then the landlord couldn't cut them off unless they physically pulled a breaker.

If they were in the landlords he may have closed his account and the Esb cut off the property. In this case it's the tenants fault for not transferring the bills.

Without the OP answering the question as to whose name they were in and how many months the tenant was in the place we then have no ideas as to weather it not the landlord did anything wrong .

Timberrrrrrrr

ted1 wrote: »

I dint think people should be illegally in the country and if they expect to be protected by the laws of the land then they should also be subjected to the laws if the land.

I also asked whose name the bills were in. If they were in the tenants as they should have been then the landlord couldn't cut them off unless they physically pulled a breaker.

If they were in the landlords he may have closed his account and the Esb cut off the property. In this case it's the tenants fault for not transferring the bills.

Without the OP answering the question as to whose name they were in and how many months the tenant was in the place we then have no ideas as to weather it not the landlord did anything wrong .

I agree, And the law of the land states that a LL cannot just cut off electricity and kick someone out of their home if they have been paying rent. Even if op hasn't been paying the rent there are still steps to follow, this is the law of the land!

ted1

Timberrrrrrrr wrote: »

I agree, And the law of the land states that a LL cannot just cut off electricity and kick someone out of their home if they have been paying rent. Even if op hasn't been paying the rent there are still steps to follow, this is the law of the land!

We still don't know how or if the landlord cut off the electricity. The law of the land could also lead to deportation. If the tenant is only there 4 months then they have little protection. The OP is only telling a limited part if the story

Grandpa Hassan

This is all a waste of time unless the OP tells us how long his GF has been there. If less than 6 months, then she will likely be told to leave as well as the LL being fined for their unacceptable behaviour. I find it difficult to believe that a LL will go to the trouble of cutting off electricity without previously giving the tenant a notice to leave.

And also, I don't know whether it is the law in Ireland, but in the UK a LL can be held responsible if there is someone in their property who is in the country illegally. It is the LL's obligation to report it.

Timberrrrrrrr

ted1 wrote: »

We still don't know how or if the landlord cut off the electricity. The law of the land could also lead to deportation. If the tenant is only there 4 months then they have little protection. The OP is only telling a limited part if the story

Ok let's say the op (GF) has been in the country for 2 years, Visa expired 12 months ago. The op moves into apartment 4 months ago and pays rent, LL decides to get rid of op because she can get more rent. LL asks op to move out and when op refuses the LL cuts off the electricity. Do you think the op shouldn't have any rights?

cluelez

Young Blood wrote: »

My girlfriends landlady cut off the electricity to her apartment. She wants her to move out eventhough she has been paying rent for the last 4 months shes been there. My girlfriend doesnt know what to do because her visa has expired and she is no longer legal.
It seems as though the landlady wants her out to put up the rent.
This is absolutely disgraceful in this day and age.
What can she do? She is a human being after all

Man up, bring her in to your place. She's a human not a mattress.

Grandpa Hassan

Timberrrrrrrr wrote: »

Ok let's say the op (GF) has been in the country for 2 years, Visa expired 12 months ago. The op moves into apartment 4 months ago and pays rent, LL decides to get rid of op because she can get more rent. LL asks op to move out and when op refuses the LL cuts off the electricity. Do you think the op shouldn't have any rights?

It is the first 4 months so that LL can ask the tenant to leave for no reason. Cutting of the electricity is out of order and will lead to a fine for the LL, but the tenant also has to leave. The tenant has no rights here other than the right to an appropriate notice period.....they are obligated to leave the property.

ted1

Timberrrrrrrr wrote: »

Ok let's say the op (GF) has been in the country for 2 years, Visa expired 12 months ago. The op moves into apartment 4 months ago and pays rent, LL decides to get rid of op because she can get more rent. LL asks op to move out and when op refuses the LL cuts off the electricity. Do you think the op shouldn't have any rights?

You making stuff up, stop it.
He says she has put 4 months rent but the landlord has been trying to get rid if her for months? That doesn't add up.

Perhaps the landlord will get less rent but won't be knowingly aiding an illegal immigrant. So is happy to take a reduced rent

seamus

The PRTB may in fact be prevented from assisting her by virtue of her status. Though that's not to say she can't leave the country temporarily (like a week or two), obtain the visa and return to the property. There's no requirement to be in continuous occupation of the rented property. Someone else could move in to mind the property while she's gone.

There was a case a couple of years back about an immigrant worker who was working insane hours and getting paid pittance in the kitchen of some dingy takeaway. He was fired and took a case to sue for the underpayment of wages, whereon he was awarded something like €80,000. His former boss appealed on the grounds that as an illegal worker he was not entitled to make any civil claims under employment law, and the boss won. No compensation despite having been treated basically like a slave for some stupid amount of years. Can't find a link at the moment.

So the same could theoretically be used here; as someone with an expired visa she has no entitlement to be in the country therefore cannot deal with the PRTB.

Getting the visa sorted should be priority one.