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Delivery of eviction notice

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  • 09-09-2015 9:07pm
    #1
    marknoonan1974
    Registered Users Posts: 167 ✭✭


    Hi,
    I have just had an eviction notice delivered, due to being in arrears of 3 months. Somebody acting for the landlord used a metal cutter to break through the lock on the gate of the house in order to deliver the notice. Is this legit?

    Thanks in advance.


Comments

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    #2
    [Deleted User]
    Posts: 5,121 ✭✭✭ [Deleted User]


    Legit to be evicted for not paying rent or legit in the way it was delivered?


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    #3
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    The delivery of the notice, I am going to be paying my rent in full at the end of this week. I remember somebody saying that if the delivery of a notice is illegal its invalid. Not sure if its true though.


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    #4
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    Just pay your rent. Why was there a lock on the gate anyway? They had to get to you somehow.


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    #5
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    RossieMan wrote: »
    Just pay your rent. Why was there a lock on the gate anyway? They had to get to you somehow.

    Have had issues with kids messing around, locking the gate has sorted it.


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    #6
    mockingjay
    Registered Users Posts: 420 ✭✭mockingjay


    So you have lived there for three months without paying rent. I'm sure this has caused your landlord undue stress, financial difficulty and banks probably on their backs, and now you want to investigate whether the eviction notice was legal - more stress and hassle? Just pay the rent!


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    #7
    Eric Cartman
    Registered Users Posts: 26,280 ✭✭✭✭Eric Cartman


    landlord didn't enter the house, you'd need a solicitor to confirm but i don't think you'll get anywhere with this legally (thankfully)

    go pay your rent in full and do the landlord a favour and leave.


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    #8
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    As a renter you would not be entitled to place a lock on the gate(s) without the landlord's agreement.

    The landlord was simply removing a lock which was blocking his property.

    As said, unless the landlord entered the actual house without consent, then the notice was legally delivered. Be a decent human being and move out.


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    #9
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    seamus wrote: »
    As a renter you would not be entitled to place a lock on the gate(s) without the landlord's agreement.

    The landlord was simply removing a lock which was blocking his property.

    As said, unless the landlord entered the actual house without consent, then the notice was legally delivered. Be a decent human being and move out.

    The landlord has a key for the lock, its his lock. Am I not entitled to full possession of the entire property?


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    #10
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    mockingjay wrote: »
    So you have lived there for three months without paying rent. I'm sure this has caused your landlord undue stress, financial difficulty and banks probably on their backs, and now you want to investigate whether the eviction notice was legal - more stress and hassle? Just pay the rent!

    Unfortunately I lost my job. I have a new one now, thankfully.


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    #11
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    You should have received a letter for arrears after 14 days then if you did nothing you should have received eviction notice well before now.

    Pay what you owe.


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    #12
    mockingjay
    Registered Users Posts: 420 ✭✭mockingjay


    marknoonan1974 wrote: »
    The landlord has a key for the lock, its his lock. Am I not entitled to full possession of the entire property?

    If it's his lock then he is entitled to remove it.


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    #13
    ted1
    Registered Users Posts: 23,536 ✭✭✭✭ted1


    marknoonan1974 wrote: »
    The landlord has a key for the lock, its his lock. Am I not entitled to full possession of the entire property?

    Entitled???, you have some cheek. Pay your rent and then move out .


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    #14
    RossieMan
    Registered Users Posts: 6,766 ✭✭✭RossieMan


    You sound like a tenant from hell to be honest, just because you lost your job doesn't mean your rent stops. Pay up and be ready to move out, your landlord gave you more than enough time.


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    #15
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    marknoonan1974 wrote: »
    The landlord has a key for the lock, its his lock. Am I not entitled to full possession of the entire property?
    Restrictions on entering only apply to the building, not the land. For the purposes of delivering mail and serving notices, it is not trespassing to enter the curtilage of the property.

    Funny that you mention entitlement. Is the landlord not entitled to receive rent for the property you're enjoying?


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    #16
    mockingjay
    Registered Users Posts: 420 ✭✭mockingjay


    marknoonan1974 wrote: »
    Unfortunately I lost my job. I have a new one now, thankfully.

    Glad to hear things are looking up and I wish you the best, however, you should have discussed this with him and maybe something could have been arranged. This would have had an impact on both of you. Think about what you are trying to achieve by taking things further? The only winners would be the solicitors.


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    #17
    MakkaaPakkaa
    Banned (with Prison Access) Posts: 15 ✭MakkaaPakkaa


    How much is 3 months rent?


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    #18
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    mockingjay wrote: »
    Glad to hear things are looking up and I wish you the best, however, you should have discussed this with him and maybe something could have been arranged. This would have had an impact on both of you. Think about what you are trying to achieve by taking things further? The only winners would be the solicitors.

    Had discussed it and thought everything was ok. I have been a perfect tenant for over 5 years and just ran into difficulties recently. To be honest I am still a bit in shock at somebody arriving in the dark to do this. They did not even ring the doorbell at the gate or phone me.


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    #19
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    MakkaaPakkaa wrote: »
    How much is 3 months rent?


    €3000


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    #20
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    marknoonan1974 wrote: »
    Had discussed it and thought everything was ok. I have been a perfect tenant for over 5 years and just ran into difficulties recently. To be honest I am still a bit in shock at somebody arriving in the dark to do this. They did not even ring the doorbell at the gate or phone me.


    Have you received a letter in the post or by registered post?
    If you have been ignoring the LL maybe this was his last option to make sure you see the notice as you are still coming and going.


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    #21
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Sounds more like you locked the gate to prevent anyone delivering an eviction notice...

    Either way -

    You don't have any excuse for paying him NOTHING for three months. In those three months, you could have received social welfare, possibly rent allowance on top of JSB/JSA. the least you could have done was pay him a token amount like sixty quid a week.


    As for the legalities - he is allowed on the premises, just not in the house. So the notice was legally delivered.


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    #22
    marknoonan1974
    Registered Users Posts: 167 ✭✭marknoonan1974


    Penny Tration wrote: »
    Sounds more like you locked the gate to prevent anyone delivering an eviction notice...

    No, the landlord has a key. Its his lock, bought by him when I reported some anti social activities by some local kids.


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    #23
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Mod note

    I think the question has been answered, and the OP has taken enough criticism. Thread closed.


This discussion has been closed.
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