Landlady cut off electricity

Mrs OBumble

_oveless_ wrote: »

sorry to go off topic but one or two people have said that the ll can ask a person to leave with reason or notice if they are there less than 6 months, is that true? I assume you would get your deposit back in such a situation yes? And is the reverse true? can tenant just up and leave if they are there less than 6 months?

Yes, it's true

BUT, it's not immediate: the LL can tell the tenant to leave without giving any reason for it in the first six months of each four year cycle. But they still have to give the tenant the right amount of notice: that is

28 days if the notice is given between 0 and 0.5 years
16 weeks if the notice is given between 4 and 4.5 years,
16 weeks if the notice is given between 8 and 8.5 years,
16 weeks if the notice is given between 12 and 15.5 years, etc.

If the notice is given at other times, then particular notice periods apply AND the landlord must have an allowed reason for giving the notice - and the law says which reasons are valid and which aren't.


ref: http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#la1b6d


Whether or not you get your deposit back is a totally different question: it is decided state that you leave the property in. If it is anything less than the way it was when you arrive, less "fair wear and tear", then the LL is entitled to keep some of the deposit to pay for the cost of fixing it up.

Zulu

Sounds to me that the tenant is being a dick.

My advice? Cop on, grow up, and move out.

Zamboni

antoinolachtnai wrote: »

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

I don't think hunger striking is going to help in this case...

golgi

The Gf needs to leave ASAP..............surely as an illegal immigrant she is breaking all the rules herself yet seems to think its not ok for the landlord to break any rules?????

This makes no sense, move out!

OP you need to man up and take your GF in until she gets her life sorted!

Icepick

The_Conductor wrote: »

the request to leave does not have to be a written request (have a look at the PRTB adjudications).

RESIDENTIAL TENANCIES ACT 2004
62.—(1) A notice of termination to be valid shall—

(a) be in writing,

(b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,

(c) specify the date of service of it,

(d) be in such form (if any) as may be prescribed,

(e) if the duration of the tenancy is a period of more than 6 months, state (where the termination is by the landlord) the reason for the termination,

(f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),

and

(g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.

(2) Subsection (1) is without prejudice to Chapter 4 and section 81 (3) (which specify additional requirements in respect of a tenancy that has been sub-let).

The_Conductor

Thats what the act says.
Read recent adjudications- as I suggested.

Grandpa Hassan

But there is no lease. And in the first 6 months so no part 4 is enabled by virtue of bring there for 6 months. So as far as I see, this is just a situation of someone living in someone else's house and bring asked to leave . I don't see how the act applies

antoinolachtnai

The tenant is in possession. The landlord cannot summarily evict the tenant. It does not matter who the tenant is, or what crimes the tenant might be guilty of. The landlord must complain to the PRTB that the tenant has not heeded the notice of termination.

http://www.prtb.ie/media-research/publications/illegal-eviction

"If a Notice of Termination is not complied with and the tenant overholds, the only recourse is to refer a dispute to the PRTB about the tenant failure to comply with a valid Notice of Termination. The landlord may not take the law into his own hands. A dispute case referred to the PRTB about an illegal eviction will be given priority and there are procedures in the Residential Tenancies Act under which the PRTB may apply to the Circuit Court for an interim or interlocutory injunction to restrain the landlord and re-instate the tenant pending the Board’s determination of the dispute."

the_syco

antoinolachtnai wrote: »

The tenant is in possession. The landlord cannot summarily evict the tenant.

If the tenant has been there less than 6 months, it seems they can.

antoinolachtnai wrote: »

The landlord must complain to the PRTB that the tenant has not heeded the notice of termination.

Apart from asking the tenant to leave, and stopped taking rent, the landlord has not done anything. The OP is seeing what is not there, with no proof.

antoinolachtnai

the_syco wrote: »

If the tenant has been there less than 6 months, it seems they can.

No they cannot. If they do, they will end up with an injunction or a big bill.

Why do you think they can?

Apart from asking the tenant to leave, and stopped taking rent, the landlord has not done anything. The OP is seeing what is not there, with no proof.

If it is not the case that the electricity has been cut off by the landlord and the tenant is able to get it working again, that is true.

Mrs OBumble

OP, let's take a step back here - what is your GF's plan in the bigger scheme of things?

Does she plan to remain as an overstayer? As well as being illegal, it's a really bad idea. As she's finding now, it will be very difficult to enforce her rights in regard to housing, wages or employment conditions. She will have no access to healthcare if she gets sick or has an accident. And if she gets caught and deported, then she won't be allowed to come back.

Or is she planning to leave the country in a few weeks? If so, then maybe tell the landlord and get them off her back.

Is she waiting for a visa? If so, she should be doing it overseas, in a country where she is allowed to be.

If she doesn't have a plan, then she really needs get get her act together. Staying in the same place she is in how is pretty much not a viable option.

the_syco

antoinolachtnai wrote: »

No they cannot. If they do, they will end up with an injunction or a big bill.

Why do you think they can?

From my understanding, I assumed by "summarily" you meant process? After 6 months, they have to follow the process. Before the 6 months, they just have to ask the tenant to leave.

In saying that

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.

From this it's unclear if eviction is even on the cards. So far the landlady has been pressuring the GF to move out, but has she been asked to move? OP is not clear on what he means by "pressure"? As for not collecting rent, it's possible that the landlady is on holidays, and thus can't collect the rent?

Young Blood wrote: »

She has not been asked to leave. She is being pressured to leave. No written notice was given to her.

If the GF has not been asked to leave, then why do you think she's trying to do an illegal eviction? A fuse blows somewhere, and suddenly it's an illegal eviction?

antoinolachtnai

Non Part 4 tenants are still entitled to notice.

If a tenant is overholding, Part 4 or otherwise, the landlord's recourse is to go to PRTB. Summary eviction without an order from PRTB is not permitted.

the_syco

antoinolachtnai wrote: »

Summary eviction

What do you mean when you mention "summary eviction"?

Also, the OP has yet to clarify if the owner even mentioned the words "eviction".

antoinolachtnai

Summary eviction is just going in and throwing the tenant out without a court or PRTB order. Cutting off the electricity deliberately amounts to attempting an eviction. It is possible to evict someone even without using the word 'eviction'.

The_Conductor

Guys- there is still no indication that the electrical issue was caused by the landlady- indeed 'Youngblood' hasn't responded to this thread since the 10th. Lets leave the speculation be.

Young Blood

Sorry for the delayed response. We have initiated proceedings with the prtb. Best close the thread. Thanks everyone

Young Blood

Sorry for the delayed response. We have initiated proceedings with the prtb. Best close the thread. Thanks everyone

bucketybuck

Has anybody initiated proceedings with immigration?

Young Blood

bucketybuck wrote: »

Has anybody initiated proceedings with immigration?

I think you're naive to think a court of law would rule in favour of a landlord who knowingly entered into a contract with an illegal immigrant and then used this as an excuse to break it. I think this would fall under some form of estoppel, not that it would matter though.

salamanca22

Young Blood wrote: »

I think you're naive to think a court of law would rule in favour of a landlord who knowingly entered into a contract with an illegal immigrant and then used this as an excuse to break it. I think this would fall under some form of estoppel, not that it would matter though.

A court may find in favor of your other half but on appeal it will be struck out on the immigration concerns. Case study is the lad who lost his claim on appeal because of his own status.

What I see happening is the following.

Prtb rules in your favor, courts are used to enforce the PRTB ruling, all manner of allegations are put against your girlfriend about her legal status in the country and her legal right to be allowed to use the court system to her advantage. She will either win or lose but on appeal will lose for sure and then her own status will be brought into question when information is forwarded to immigration.

Like I said in my post last week.

Don't rock the boat.

Grandpa Hassan

I can't believe you're going down this road, and not just looking for another place. Personally, I wouldn't risk my GFs immigration status being uncovered

the_syco

Young Blood wrote: »

Sorry for the delayed response. We have initiated proceedings with the prtb. Best close the thread. Thanks everyone

So... have ye even gotten proof that the landlord shut the electricity off? I ask as if it's found that they didn't, you'll have to pay the rent owed in a lump sum, and then your GF's legality of being here may come into question.

Oh, and what country is she from? Some countries you don't need a visa anymore... as they've since joined the EU.

RossieMan

I'm guessing its not on from the EU as she's on a visa.

The_Conductor

As the OP has asked the thread be closed- I'm closing it.
I honestly think the OP and his partner are on a path to trouble- but thats their decision- you can bring a horse to water, but you can't make it drink.......

Thread closed.