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Unreasonable behaviour from landlord? Moving out

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    #32
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    But I have a lawnmower and I cut the grass regularly, I've loads of nice flowers and shurbs around the garden so he knows I keep on top of it. As I said when I told the agents that I didn't need the grass cut he decided to come on spraying weed killer. He actually killied a load of instursions I had planted with the weed killer. I get the feeling he just wants to be nosey. These were completely unannounced visits. What if herself was out sunbathing half naked?


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    #33
    lost22
    Registered Users Posts: 19 ✭lost22


    _Brian wrote: »
    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.

    Yep definitely going to move. Going to send my notice in writing and say that due to what I consider to be his unreasonable behaviour I feel I have no option but to move. Will give a month's notice (even though I know I won't stay there on my own at night) and see what the response is.


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    #34
    lost22
    Registered Users Posts: 19 ✭lost22


    Does anyone know that what happens when I write to LL giving my notice and stating my reasons for leaving what happens next? Is there a process involved?
    Does he confirm receipt of the letter? Let's say does he reply in writing or phone?
    I can see the LL not even acknowledging this to be honest


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    #35
    FishOnABike
    Registered Users Posts: 4,476 ✭✭✭FishOnABike


    lost22 wrote: »
    Does anyone know that what happens when I write to LL giving my notice and stating my reasons for leaving what happens next? Is there a process involved?
    Does he confirm receipt of the letter? Let's say does he reply in writing or phone?
    I can see the LL not even acknowledging this to be honest

    The landlord is failing in his obligation to "allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling" under section 12 of the Residential Tenancy Act.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0012.html#sec12

    You need to write to the landlord and tell him entering the house without your prior agreement is unacceptable as is his 'request' to stay overnight and ask him to confirm in writing that neither will occur again. I'd give him a deadline by which you want a response and if a satisfactory response is not received in writing by the deadline issue a notice of termination under section 68 of the Residential Tenancy Act 2004.

    http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0068.html#sec68

    In the meantime I'd have someone stay with you regularly, keep the bolt on or key in the inside of the lock when you are in the house and look at using a smartphone or webcam with a motion detection app to check your suspicions that the landlord might have entered the house at other times. A simpler solution would be to put something small behind the door that would be moved when it is opened.


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    #36
    FishOnABike
    Registered Users Posts: 4,476 ✭✭✭FishOnABike


    lost22 wrote: »
    Does anyone know that what happens when I write to LL giving my notice and stating my reasons for leaving what happens next? Is there a process involved?
    Does he confirm receipt of the letter? Let's say does he reply in writing or phone?
    I can see the LL not even acknowledging this to be honest

    Make sure any letters are either recorded or preferably registered letters. It looks like you are in a part 4 tenancy. You can give your notice at any time as set out in section 66 of the Residential Tenancy Act. For a tenancy of more than two years the notice period is 56 days. Either download a template letter from Threshold's website or get advice on the content of the notice of termination letter as if you make a mistake in it it could invalidate your notice of termination.

    If you want to follow my suggestion above to issue notice for the landlords breach of his obligations the notice period is 28 days but you have to make a written complaint about the breach first and can only issue notice of termination if there is not a satisfactory response. This could take a week or two between making the initial written complaint and issuing notice of termination.

    By the time you write the initial complaint, wait for a response or deadline has passed and then issue a notice of termination there's probaly not much more than a week or two difference timewise between either approach.

    If you are definitely moving out a standard notice of termination (56 day for 2+ year tenancy) gives you certainty.


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