Unreasonable behaviour from landlord? Moving out

lost22

Will try to keep this brief
Renting house past 2 years. Got a phone call from landlord last night saying he may need to stay in the house tonight (last night) with his girlfriend. I was quite taken back by this and told him it was totally inappropriate and that I was shocked that he even asked.He didn't seem too bothered at my negative response.
Bear in mind it's a small 2 bedroom house with a double and single room.Where did he think they were going to sleep?
The request by the LL has really rattled me as it's not the first time I have had 'issues' with him... he has frequently entered the property without asking me which i have spoke to him about and insisted he contact me beforehand. I obviously hadn't made myself clear
I now feel I s'pose you could call it vunerable. I live on my own.
Do I've decided enough is enough now and I'm going to move out asap.... I don't have a lease signed but is there anyway I could move out sooner than let's say the standard month's notice given the circumstances ? Don't want to loose my deposit either.

Missyelliot2

That sounds so strange and entirely inappropriate behaviour by your landlord. If you don't have a lease, surely you don't need to give a months notice?
I would write to him outlining why you are unhappy with renting his place (make a copy of the letter for your own records), send the letter by registered post- to ensure he receives it and then make plans to find somewhere more suitable.

He shouldn't enter your property at all, without your permission. I too, would feel extremely uncomfortable in your situation. Best thing to do is leave......Good Luck OP!

spaceHopper

Sorry for your troubles if you have no lease the you are on part 4 tennancy google it and you'll get all the info you need but basically after two year a month is about right. Befor you give notice chech what is available

Mrs OBumble

Legally the LL can insist on a longer period of notice. But you can mutually agree a shorter period.

The LL may be more inclined to agree if part of the solution is that you don't raise a PRTB case.

How easy do you think it will be to find somewhere else to go?

lost22

Mrs OBumble wrote: »

Legally the LL can insist on a longer period of notice. But you can mutually agree a shorter period.

The LL may be more inclined to agree if part of the solution is that you don't raise a PRTB case.

How easy do you think it will be to find somewhere else to go?

To be honest, I could be out of the house within a week. This has really shaking me and I didn't stay there last night and won't be staying tonight either. The nature of my job means I could often not be there for 2-3 nights in a row if I'm travelling and the LL knows this. Paranoid now maybe thinking has he stayed/entered the house before and the only reason he rang was because my car was parked outside(I was using a temp work vehicle)

lost22

spaceHopper wrote: »

Sorry for your troubles if you have no lease the you are on part 4 tennancy google it and you'll get all the info you need but basically after two year a month is about right. Befor you give notice chech what is available

Thank You for advise. Really want to get out of house now. Can be out in a week as I can move into bf house( which we were planning to do in next few months anyway) Just concerned that the LL will keep the deposit.

QuiteInterestin

As you have been in the property more then 2 years you are obliged to give 8 weeks notice in writing, however you may agree a shorter notice period with the landlord. More information here http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

lost22

So it's basically down to the LL to decide if I can leave sooner? Seems unfair when its because of his behaviour that I feel I can no longer continue to live in the house ..

Kristopherus

lost22 wrote: »

So it's basically down to the LL to decide if I can leave sooner? Seems unfair when its because of his behaviour that I feel I can no longer continue to live in the house ..

Tell him he's barred from the house and cannot enter without your permission. You are within the law telling him that.

Greenmachine

If he turns up call the cops.

lost22

Greenmachine wrote: »

If he turns up call the cops.

Can I do that though? Would not be familiar with legalities regarding LL and tenants... shame on me really should know my rights!

Sligo1

Notice periods are 1-2 years (42 days) above 2 years (56 days). However, if he agrees for you to leave sooner than that is fine aswell (mutually agreed termination).

However, if he is a plonker... Which he definitely sounds like he is. And he insists on you staying or paying until your notice periods are up. I would threaten PRTB action. He has made a number of breaches including allowing you quiet enjoyment of your house by these ridiculous requests he has made to you. If you bring this to the PRTBs attention he may be ordered to pay you a sum of money for these breaches. make him fully aware of this. And also, he may not even be registered with the PRTB so when you threaten PRTb action he will hopefully agree that you leave the property with your own amount of notice with a fully refunded deposit (less any damage of course).

He sounds like one of these amateur landlords. No lease and no apparent knowledge of the most basic rule of renting. Although strictly speaking you might have to give more notice, I would give a respectable minimum, say one month and argue the toss with him afterwards if he quibbles.

The point of course is that he asked your permission to stay and didnt object when you said no. Strictly speaking there is nothing wrong with that, although of course it is overstepping boundaries and is inappropriate.

Ambersky

Your main legal rights and responsibilities as a private tenant derive from landlord and tenant law as well as from any lease or tenancy agreement between you and your landlord.
Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency.
Entering or attempting to enter your home without permission, unexpectedly or for reasons other than the upkeep of the premises are in breach of tenant law.

Contact Threshold they have offices in Dublin Cork and Galway.
http://www.threshold.ie/advice/adviceserviceso.html

Entry without permission is a breach of obligations and if this happens repeatedly you can refer a dispute against the landlord to the Private Residential Tenancies Board (PRTB)

http://www.threshold.ie/advice/dealing-with-problems-during-your-tenancy/entry-without-permission/

lost22

Think I'll get onto the PRTB tomorrow and see what they come back with. I've spoke to the LL on 2 occasions about entering the house when I wasn't there.

First time I knew straight away he had been in the house cause the post was on the hall table and he had left a note on the kitchen table telling me to fill out a form.

I rang him straight away and let him have it. His response was very passive but I couldn't have been clearer.

Second time (recently) I literally called over to my friend for an hour and when I came back he had left more forms. I rang him this time and insisted on a face to face discussion.
When this happened I explained how I didn't like him calling. Felt nervous etc. He didn't apologise he just nodded the head. Told him I couldn't have this happening again.

Think last night's call was the final straw.

foggy_lad

lost22 wrote: »

So it's basically down to the LL to decide if I can leave sooner? Seems unfair when its because of his behaviour that I feel I can no longer continue to live in the house ..

Don't let him force you out of "YOUR HOME", stay until the notice period is up but take precautions. at least then you won't lose your deposit.

lost22 wrote: »

Can I do that though? Would not be familiar with legalities regarding LL and tenants... shame on me really should know my rights!

Yes you can call the Gardai if a landlord enters "YOUR HOME" without your prmission because although he owns the property he gives up the right to come and go as he pleases when he rents/leases the property to you or others.

You are being far too soft with this cowboy landlord!

Firstly get yourself onto the PRTB website and open a claim against him for illegal entry into "YOUR HOME".

Then go out and get yourself an IP camera with motion detection and train it on the doorway that he will come into the property by. This will alert you by email and with pictures when anyone comes through the door

MouseTail

No, you can't call the Gardaí, this is a civil matter, not a criminal one. Negotiate a shorter notice period with your LL, he may well agree to a months notice.

FishOnABike

Does your house door have a bolt or is there a nightlatch or deadlocking mechanism to prevent the door being opened from the outside? On other locks if the key is left in the lock on the inside and turned from the vertical so it can't be pushed back by a key from the outside the door can't be opened from the outside.

The landlord is way out of line here. It is your home and you do not have to let anybody you do not want stay in your home. Let your landlord know he is not to enter without your permission and does not have your permission to enter or stay there. Put this in writing to him.

Rather than leave the house tonight could your boyfriend stay with you overnight or until you sort out leaving where you are now and moving in with him? As a guest of yours, your boyfriend would be entitled to stay on nights when you are away. Having someone else around might encourage the landlord to get a bit of sense.

While the two occasions where you know the landlord entered without your permission are historic and are trespass which as an earlier poster said is a civil matter it would be an entirely different matter if he were to turn up at the door and not leave quietly when told to do so by you or a guest of yours. This would be a matter for the gardaí. If it happens, call them and let them come and deal with the landlord.

campingcarist

Ambersky wrote: »

Your main legal rights and responsibilities as a private tenant derive from landlord and tenant law as well as from any lease or tenancy agreement between you and your landlord.
Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency.
Entering or attempting to enter your home without permission, unexpectedly or for reasons other than the upkeep of the premises are in breach of tenant law.

Contact Threshold they have offices in Dublin Cork and Galway.
http://www.threshold.ie/advice/adviceserviceso.html


http://www.threshold.ie/advice/dealing-with-problems-during-your-tenancy/entry-without-permission/

And if the landlord is in breach of his obligations then you only have to give 28 days notice, I believe. Though, I think you have to advise him of his breach and not to do it again before that applies; but stand to be corrected.

runawaybishop

MouseTail wrote: »

No, you can't call the Gardaí, this is a civil matter, not a criminal one. Negotiate a shorter notice period with your LL, he may well agree to a months notice.

Trespass isn't a civil matter. Tenants can indeed call the gardai if someone attempts to break into their home.

Grandpa Hassan

runawaybishop wrote: »

Trespass isn't a civil matter. Tenants can indeed call the gardai if someone attempts to break into their home.

but the gardai treat LL trespass a little differently. there is a history of threads on this forum where they have been reluctant to get involved when the trespasser is the homeowner.

runawaybishop

Grandpa Hassan wrote: »

but the gardai treat LL trespass a little differently. there is a history of threads on this forum where they have been reluctant to get involved when the trespasser is the homeowner.

Trespass isn't a civil matter, even if its a LL. A tenant can insist the gardai treat it as such.

ComfortKid

Sorry to hijack the thread, but would these same rules apply to a back garden? My landlord keeps entering my back garden and cutting the grass even though he knows I have a lawnmower. I told the agent I had a mower and to tell him stop calling. 2 weeks later he came on and started spraying weed killer. I don't want to ask again as he will think I've something to hide and he might get worse? I just feel it's an invasion of my privacy?

runawaybishop

ComfortKid wrote: »

Sorry to hijack the thread, but would these same rules apply to a back garden? My landlord keeps entering my back garden and cutting the grass even though he knows I have a lawnmower. I told the agent I had a mower and to tell him stop calling. 2 weeks later he came on and started spraying weed killer. I don't want to ask again as he will think I've something to hide and he might get worse? I just feel it's an invasion of my privacy?

Yes, exact same rules apply.

_Brian

I'm a LL and the actions of these guys is just madness. The house and gardens are your private home and they have no business being there or asking to doss down with their girlfriends.
OP I'd say if it suits you then move, but doing it quickly will need his agreement.

Grandpa Hassan

runawaybishop wrote: »

Trespass isn't a civil matter, even if its a LL. A tenant can insist the gardai treat it as such.

I didnt know that for a fact, but I had assumed that to be the case. Am just making the observation that trying to get the gardai interested in this is like trying to get blood out of a stone if stories on this forum are anything to go by.

lost22

So have contacted PRTB and they referred me to Threshold who are in a position to advise. Person in Threshold was shocked when I explained the situation and advised me to write to him clearly detailing the recent unreasonable events, make sure I keep a copy of the letter and to register post it.

Comfortkid : regarding the garden...he always mowed the back lawn and I said to him there is no need etc but he continued to do it so that's another thing. Would come home to find grass cut. He can come in through the side of house but what's really unsettling is that I have a feeling he could have been in the house more often then I would have realised. Obviously it's just an assumption and I have no proof. I'm definitely more paranoid after the events of the past week.

renofan

lost22 wrote: »

So have contacted PRTB and they referred me to Threshold who are in a position to advise. Person in Threshold was shocked when I explained the situation and advised me to write to him clearly detailing the recent unreasonable events, make sure I keep a copy of the letter and to register post it.

Comfortkid : regarding the garden...he always mowed the back lawn and I said to him there is no need etc but he continued to do it so that's another thing. Would come home to find grass cut. He can come in through the side of house but what's really unsettling is that I have a feeling he could have been in the house more often then I would have realised. Obviously it's just an assumption and I have no proof. I'm definitely more paranoid after the events of the past week.

Make sure you send the letter by registered post.

TheDoc

In fairness doesn't surprise me about landlords going into gardens mowing. The absolute STATE that people renting let gardens go into is crazy. Starting noticing them around where I grew up as renting became more of a thing and the front gardens turned into jungles.

The worst were the horrible renters who would let the gardens turn into dumping pits. There is also enough stories and pictures out there of renters letting back gardens turn into private dumps. Not surprised if land lords want to keep an eye.

My landlord came out and maintained the back garden and front garden and flowers for a while. He is a good landlord and gives me a few days notice and never arrives unannounced. I was kinda happy enough with him doing this work but it was a trek for him so I got a mower from a relative who no longer used it and now I maintain the front andback garden and the girlfriend has got mad interested in flowers and gardening.

I just seem to get mad lucky with landlords. We had our first child last summer and he dropped around some presents and a card, and dropped around a few bits for Christmas(we got some stuff for him and his family)

foggy_lad

MouseTail wrote: »

No, you can't call the Gardaí, this is a civil matter, not a criminal one. Negotiate a shorter notice period with your LL, he may well agree to a months notice.

It is not a civil matter to find an uninvited person in your home! Not only is it trespassing but it is probably also breaking and entering as they have no legal or other right to be there.

SteM

TheDoc wrote: »

In fairness doesn't surprise me about landlords going into gardens mowing. The absolute STATE that people renting let gardens go into is crazy. Starting noticing them around where I grew up as renting became more of a thing and the front gardens turned into jungles.

The worst were the horrible renters who would let the gardens turn into dumping pits. There is also enough stories and pictures out there of renters letting back gardens turn into private dumps. Not surprised if land lords want to keep an eye.

My landlord came out and maintained the back garden and front garden and flowers for a while. He is a good landlord and gives me a few days notice and never arrives unannounced. I was kinda happy enough with him doing this work but it was a trek for him so I got a mower from a relative who no longer used it and now I maintain the front andback garden and the girlfriend has got mad interested in flowers and gardening.

I just seem to get mad lucky with landlords. We had our first child last summer and he dropped around some presents and a card, and dropped around a few bits for Christmas(we got some stuff for him and his family)

If the landlord wants to 'keep an eye' then they should arrange a visit every 3 months to inspect the inside and outside of the property. They shouldn't just drop in unannounced to take care of it themselves. Many can't be arsed to arrange these things and think it's okay for them to do by whenever they want. Most of these lads don't have a clue of the law and I believe that most don't even read the lease that they get the tenant to sign. They just download it and print it off.