Neighbor from hell

RoyalMarine

Hi there,

My brother bought an apartment 12 years ago. It has been rented to a friend of his for 10 years.

In February 2014, the apartment below my brothers was rented to a male, Mr X by the county council.

He began complaining about the noise made by the my brothers friend.
She was living there for 10 years, without a single incident of noise complaint from her or any other neighbor's.

He quickly became abusive and intimidating towards her.

She made a complaint to the Gardai.

We tried to contact the owner of the apartment downstairs, but the owner has not returned our calls, texts, emails or letters.

She moved out in November 2014 in fear of her safety.

For the next 7 months, the apartment was un rented.

We then found a tenant via the RAS scheme in June. From the day the apartment was rented, Mr X was very abusive to the tenant, and even more threatening than before.

During the last 3 months, he assaulted the new tenant (and was arrested by the Gardai, but shortly released), put a key into the front door and used a hammer to deform the lock, forcing us to have a locksmith replace the entire lock on the door.

At least twice a week, Mr X urinates on the front door of the apartment.

The Gardai have been notified of this and each time the county council have been informed.

The County Council have told us an eviction notice has been served against Mr X, but Mr X has appealed this through a solicitor. (Can we believe this? or is this just a passing the buck response)

The County Council appear reluctant to deal with the situation and instead, they relocated the tenant from our apartment. He didn't want to move, but felt reluctant to do so for safety and peace of mind. (He's a student and has a young daughter).

We are now left with an apartment we cannot rent due to Mr X.

The County Council are interested in taking our apartment, but they feel it would be impossible to find a tenant due to Mr X downstairs, and as such will not move forward with renting the apartment from us.

There is an elderly woman living above our apartment, and she has requested to be moved from the building as she also fears for her safety.
She won't make a complaint to the Gardai, due to extreme intimidation from Mr X.

He is also very abusive to a couple living in the final apartment.

The main door to the apartment block was broken by Mr X, to the point where anyone can push the door open.

There is a very noticeable smell of drugs from his apartment, in particular on Monday and Tuesday.

The smell of urine in the stairway is beyond ability to stomach.

Around 4am every morning, he will repeatedly bang on walls and ceilings for 30 minutes to let the other tenants know he is going to sleep.

He sleeps until around 11am each morning, and any noise made by any tenant is met with extreme hostility, abuse, both verbal and bordering physical, and very often leads to random acts of defamation on front doors, such as urine, broken locks, kick marks on doors etc.

This is just a small sample of issues caused by him.

Were now concerned for the entire apartment block, as with the elderly lady upstairs looking for a transfer out, the other couple are also planning to move away.

This will leave him being the only tenant left, and the other three apartments will remain vacant. We don't want the block to fall into disrepair as a result of him remaining there, let alone the loss of income from the apartment.

We have been pleading with the Gardai, County Council, local TD's and the management company of the apartment block, but each time we are met with further delays, excuses, in-ability to do anything.

Can anyone please, give us some advice on what to do? I feel like beating him to an inch of his life, but I know this will do absolutely nothing to help resolve the matter, and will only end up with me being arrested for assault.

We are desperate at this stage.

uck51js9zml2yt

Can't offer you advice, you need a solicitor for that really.
But report everything he does to AGS.

If you're aware of a crime being committed you are obliged to report it even if your elderly neighbour won't.

dori_dormer

What do the management company say about the bills they are recieveing due to the common area damage he has caused? They should be passing all the bills and complaints onto the landlord.

We had a 3 strikes you are out rule that all landlords agreed to in our last place. An eviction notice could easily be served based on the ðetails you describe but you need the landlord on board. If the landlord doesn't know what's going on how can he act? If he doesn't care, the only way to make him care is through charging him for damage etc.

Elottois

My parents have an investment property (semi detached house) and they and their tenants have experienced similar anti social behaviour, from neighbours that had Council rented private houses.

In their case the actual house owner's hands were "tied" as he had contracted for 5 years of rental with the council. He wasn't too concerned either as to the state or condition his house could potentially be in, as the council had agreed as part of the contract to remedy any damage and restore the property to the original condition. It took a couple of years and a group of residents to come together to contact council repeatedly (pretty much daily) and appeal to councillors. The problem tenants eventually moved on to another location. My parents lost 2 years of rental income in this period. The area is still notorious for what went on in that time, as it is a small town. My parents now have RAS tenants.

alane20

It's pure irish isn't it, the council won't rent your apartment because of the tenant they put in the apartment below, yet this clown has money to go running to a solicitor, best of luck with your situation

athtrasna

Have you made a third party complaint to the PRTB? That should have been one of the first things you did. Do the council own Mr X's apartment or is it leased to the council under a long term rental scheme?

Help!!!!

Could you not tell the council that as they have admitted they would not be able to rent out the flat due to their tenant in bottom flat that you will be seeking legal advice and suing for loss of rent

It really is a sad state of affairs with a person like that can't just be thrown out on the side of the street as its all they deserve.

I really feel for you op that stuff like this can just be let drag on and on.

Cuddlesworth

athtrasna wrote: »

Have you made a third party complaint to the PRTB? That should have been one of the first things you did. Do the council own Mr X's apartment or is it leased to the council under a long term rental scheme?

Council is not applicable to the PRTB. Which is hilarious in itself because council evictions should be quicker. At worst it should only take 6 months to evict.

OP have you queried a lawyer? It's seems odd to me that the council can back out of a 10 year RAS contract, when its their failure to take action that has lead to these circumstances. It's kinda like smashing the windows on a leased car and then saying that it's not fit for purpose.

Very Bored

Just a thought... You seem sure there are drugs in the apartment. Why don't you let the guards know that? They might not be interested in a rent related issue but I'm sure they would be if there's a lot of narcotics on the premises.

RoyalMarine

Thanks for all the replies so far.

To answer as many questions asked,

1. The Gardai are aware of the drug situation, and it's being investigated. That's all they tell us.
I guess a smell is circumstantial evidence and not enough for them to act on.

2. PRTB have advised us to contact the Council to remedy the matter.

3. The council have stuck a knife in our back regarding the RAS contract. The are standing firm that the lease covers the current resident they placed in there. Since he has now moved out, they are advising that the lease is no longer valid.
Were currently checking this with a solicitor, as it's not what was originally agreed upon.

4. The landlord (who owns the apartment Mr X is in), seems to have disappeared. Any attempt to contact him has been futile.

As such, the damages to communal areas have gone un repaired, as no one is willing to accept responsibility and resolve it.

The management company, are not really a management company, it's one guy who basically handles rent etc for the owners.
He has been contacted several times, and we even discussed the possibility for him to with hold rent to be paid to the owner of Mr X's apartment to get his attention so he can resolve the issue with damages, but he has refused.

5. The owner of Mr X's apartment, since he has a 15 year lease to the County Council, the council would therefor be responsible for everything. They are the major delay here in getting this resolved.

Ultimately, I think it's going to be a case of contacting our solicitor and lawyer to push this to get resolved... But I don't think he's going to leave without a fight, as this is his 4th time being re-located due to issues of this nature. (Friend who works with the Council was able to find this out for us).

the_syco

RoyalMarine wrote: »

The management company, are not really a management company, it's one guy who basically handles rent etc for the owners.

You want to break something, you go for the weakest point. This bloke seems to be the weakest link. Perhaps check with your solicitor what can be done against him, as the County Council seem to just pass the buck.

RoyalMarine wrote: »

The main door to the apartment block was broken by Mr X, to the point where anyone can push the door open.

Perhaps have your solicitor get the management company to fix this?

Death by a thousand cuts; maybe get at the management man by all sorts of little things, so that dealing with the problem tenant becomes their way of stopping you from annoying them?

handlemaster

If the council are responsible then they are liable for antisocial behaviour which they seem to except. Pop them a solicitors letter for compensation

athtrasna

If your brother is an owner he must be a member of the management company. He should force an EGM to have this dealt with. The apartment owner is more than likely in breach of the contracts he signed at purchase, there is usually a clause about anti social behaviour by owner or subsequent tenants. The management company should be taking legal action against the apartment owner.

The guy you refer to as the management company is probably acting as a de facto management agent.

And the PRTB shouldn't have told you to go to the council if you take a third party complaint case against the owner of Mr X's apartment.

riclad

IT sounds like there,s only 6 or 7 units in that building.
Go to citizens advice centre ,and flac free legal advice centre .
See what your rights are .
IF a landlord or the council needs to evict a tenant they may need to bring him to court , which takes 6 months plus .
He is probably on the scheme where the rent is paid by the council,
so his landlord may not be effected unless the building is damaged more than it already is.
Also the building is not secure with a damaged front door .
It,s very unusual for the council to rent an apartment for a single person,
it sounds like he has serious issues .
he may be on medication and also using drugs .
Ultimately all damages will have to fixed by the management company.
at some point .
The gardai don,t usually go after someone for smoking hash etc
unless they are selling it to others .I wonder is the council or the landlord
legally responsible for the damage to the building,
and your loss of income .
Maybe there could be a meeting of all the apartment owners to see
if there is any practical solution to this situation .

The_Conductor

Any damage to communal areas- including antisocial behaviour (such as the repeated urinating, broken doors damaged locks etc)- should be chased with the Management Company- on a daily basis if need be. The Management Company is responsible for the repair and upkeep of all communal areas. If the cause is one of the tenants- well- its the job of the Management Company to chase it with the Landlord.

Cutting the Management Company out of the equation- is counterproductive- esp. given the nature of the person involved. You are paying management fees- let the Management Company do the duties tasked to it.

dori_dormer

As others have said, your brother is part of the management company. He pays fees every year to the company as do all the other owners. There should be an agm every year where they go over everything to do with the building. You can call an egm in an emergency situation such as this

There should be a certain amount of money left aside every year for contingencies. This money should be being used to repair the common areas and then the bill sent to the landlord of the bad tenant. If the landlord doesn't pay up then he is in arrears and the managment have a right to take him to court over monies owed.

RoyalMarine

Looking into calling an EGM shortly.

The issue is not the damage that has been done, the issue is with Mr X remaining in the building.

There's no point in repairing any damage, if he's going to do more.
The management company have offered to steam clean carpets, but whats the point if he just urinates all over the place once it's been cleaned.

Ultimately, in order for any of the other 4 apartments to rentable, he needs to leave.

But as noted, a court eviction will take a long time.

ScottStorm

RoyalMarine wrote: »

There's no point in repairing any damage, if he's going to do more.
The management company have offered to steam clean carpets, but whats the point if he just urinates all over the place once it's been cleaned.

The point is that once the bill for this work is sent to the landlord it pressures them to take action / apply pressure to the council.

As it stands the landlord continues to take in money each month and could care less about the other residents or property owners.

superfish

The world has gone soft sick of reading stuff like this and every one talking about the legal route if it were my house let's just say Mr x would be introduced to the business end of my baseball bat

Flatzie_poo

superfish wrote: »

The world has gone soft sick of reading stuff like this and every one talking about the legal route if it were my house let's just say Mr x would be introduced to the business end of my baseball bat

If he goes that route OP is just as bad IMO... it's nice to keep high morals.

I don't the situation either, but that's not the answer.

superfish

Flatzie_poo wrote: »

If he goes that route OP is just as bad IMO... it's nice to keep high morals.

I don't the situation either, but that's not the answer.

im just sick of these dirty scum bags treating people this way and the law doing nothing to help ,im sorry to say but if the law wont help then I would take it into my own hands, people in this country have gone soft and let the government walk all over us we would not be in such a sorry state of affairs if more people had a bit of backbone and stood up for what they believe in

riclad

Violence is not the answer to this situation,
i bet he,ll move on to another flat,
and do the same thing .
The council is responsible, under the ras scheme the landlord does not interview the tenant , he just gets paid rent for a set amount of time.I heard of a situation where a landlord just moved 2 men into a flat,
and played music loud to encourage a tenant to leave.
The tenant left of his own free will without being threatened in any way.
This person needs to live in a single unit ,
he is not capable of sharing a building with other people or behaving in a
normal way.
Maybe the council could rent a small house for him .
The council is at fault for renting an apartment for this person .
This person may be on disability allowance ,he may be on medication .
I don,t think the council will rent a flat for a young male
on the dole .
I know of a single man on disability allowance age 50,
he lives in a 2bed council house .

riclad

riclad wrote: »

Maybe the council could rent a small house for him ..

Maybe the council could wash their hands of him if their was any justice and let him fend for himself. Tax payers funding this scumbags life, living alone in a nice apartment or get him a house while the working population are struggling to pay rent and mortgages. Its sickens me to the bone and I agree with the other poster, this person needs a taste of his own medicine. High morals will wind you up like the people in this apartment block, intimidated, afraid and their building being destroyed.

dori_dormer

You also need to be encouraging everyone in the building to call the guards every time an incident happens. The management company need to also send letters describing antisocial behaviour and demanding action from the landlord and council.

riclad

I believe he has a medical issue ,is maybe on disability ,
the council do not rent out apartments for healthy young single men .
take photo,s of all the damage, write down everything that happens.
in case you wish to bring a legal case against the council for loss of income
and compensation for the damage to the building.

Purplerose

Leonidas Hollow Cage wrote: »

It really is a sad state of affairs with a person like that can't just be thrown out on the side of the street as its all they deserve.

I really feel for you op that stuff like this can just be let drag on and on.

His behaviour is very strange. This person sounds like they have ongoing mental issues that need to be addressed, so throwing them out on the streets will help no one,many people on the streets have ongoing mental illness and I imagine this would only distance this person from any help available to him. If the council are aware of his behaviour I wonder is there any social services they can provide, sounds like he is a danger to himself and society and needs help

riclad

IF the council asked me to rent an apartment to someone i would not take a single person,
unless he was over 60 .
i know a landlord near athlone ,rents out a 3bed house to 1 person age 65 under the ras scheme .

handlemaster

riclad wrote: »

Violence is not the answer to this situation,
i bet he,ll move on to another flat,
and do the same thing .
The council is responsible, under the ras scheme the landlord does not interview the tenant , he just gets paid rent for a set amount of time.I heard of a situation where a landlord just moved 2 men into a flat,
and played music loud to encourage a tenant to leave.
The tenant left of his own free will without being threatened in any way.
This person needs to live in a single unit ,
he is not capable of sharing a building with other people or behaving in a
normal way.
Maybe the council could rent a small house for him .
The council is at fault for renting an apartment for this person .
This person may be on disability allowance ,he may be on medication .
I don,t think the council will rent a flat for a young male
on the dole .
I know of a single man on disability allowance age 50,
he lives in a 2bed council house .

Your thinking of the long term leasing scheme. Under RAS the landlord picks the tenant

handlemaster

Purplerose wrote: »

His behaviour is very strange. This person sounds like they have ongoing mental issues that need to be addressed, so throwing them out on the streets will help no one,many people on the streets have ongoing mental illness and I imagine this would only distance this person from any help available to him. If the council are aware of his behaviour I wonder is there any social services they can provide, sounds like he is a danger to himself and society and needs help

It will help the landlord who is loosing thousands because of this scumbag. Its easy to say it will help no one but the OP has already said people have left their homes in fear of their lives because of him. Their rights were infringed to much an extent that one was assulted. He must go one way or another and the PC crowd can house him

Flatzie_poo

Chemical Byrne wrote: »

might bring some shame in him.

If he's relieving himself in corridors I think shame is the last thing he's worried about...