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Being evicted what to do???

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  • Registered Users Posts: 144 ✭✭LilyShame


    sac2020 wrote: »
    Thanks for detailed response.
    Sorry my situation that I am stuck between 2 greedy landlords. Covering 2-3k damages on day1 . He might say 5-6k by day 3 or 4

    What's legitimate fine as per prtb? Do we have humans sitting in prtb. Would they understand my situation .
    Should definitely call th homeless numbers as the above is concerning.

    Sorry not for you but if you think that's it's totally my fault and prtb will also have the same opinion then am concerned.

    Hi op
    You do seem concerned.
    My experience of this property forum is that it's quite hostile if you present yourself as diverse...different... Oppose or question the views of some here.
    My suggest is to take on board some of the sensible advice, ignore the biased, presumptuous and uncharitable commentary and reduce your stress levels by signing out. It was very evident to me reading this today that you are not from Ireland and don't have sets of grandchildren down the country to take your four kids! I am sure your not perfect, as many of us aren't.. And as you will see from my thread, I am far from perfect either. People come to this site when they are anxious and in return get a fair helping of abuse and sweeping statements!! Mods please do keep an eye here. The housing crisis is s reality and many vulnerable ppl may come here. It is fair to share facts. But the tone from some contributers is out of order.


  • Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    Everyone is sympathetic I am sure. It is a very difficult situation.

    But you are over holding. You have no right to remain in the property. You are unwilling to leave but you are unable to cover the cost of remaining. Paying the rent or keeping the house nicely does not change anything. You are over holding. You are staying somewhere where you are not wanted and not entitled to be.

    The landlord is not a charity and you are not destitute.

    The PRTB doesn't fine tenants. It determines damages. It sounds like damages are being incurred as a result of your behaviour. The landlord is under a duty to minimise the damage but I can see that you are causing quite a lot of trouble.

    You are also claiming that you are being evicted. In fact, you are not. Your lease is over but you won't leave. That is very much different from being evicted. This is not a good way to get sympathy.

    Can you figure out how early next week you can get out and negotiate with the landlord on that basis?


  • Posts: 24,714 [Deleted User]


    sac2020 wrote: »
    Thanks for detailed response.
    Sorry my situation that I am stuck between 2 greedy landlords. Covering 2-3k damages on day1 . He might say 5-6k by day 3 or 4

    What's legitimate fine as per prtb? Do we have humans sitting in prtb. Would they understand my situation .
    Should definitely call th homeless numbers as the above is concerning.

    Sorry not for you but if you think that's it's totally my fault and prtb will also have the same opinion then am concerned.

    The landlords are not greedy they are acting well Within their rights. You are the one breaking rules. You have to move out simple as that. If it means sleeping in a hotel putting your belongings in storage so be it. You have to leave the house or you will be liable for any expense incurred by your failure to leave.


  • Registered Users Posts: 36 sac2020


    LilyShame wrote: »
    Hi op
    You do seem concerned.
    My experience of this property forum is that it's quite hostile if you present yourself as diverse...different... Oppose or question the views of some here.
    My suggest is to take on board some of the sensible advice, ignore the biased, presumptuous and uncharitable commentary and reduce your stress levels by signing out. It was very evident to me reading this today that you are not from Ireland and don't have sets of grandchildren down the country to take your four kids! I am sure your not perfect, as many of us aren't.. And as you will see from my thread, I am far from perfect either. People come to this site when they are anxious and in return get a fair helping of abuse and sweeping statements!! Mods please do keep an eye here. The housing crisis is s reality and many vulnerable ppl may come here. It is fair to share facts. But the tone from some contributers is out of order.
    Thanks good to see such msg first thing in the morning . As didn't have a good night sleep .
    I have ignored some contents here from some posts.
    Have also got some good advice from prtb and threshold.
    I am trying my best. Agency was so biased for LL from day 1 never wanted to spend single penny. Bought some stuff myself which I have to store somewhere . And there's no commitment on deposit . Not even saying that she will do inspection . They just have get lost attitude.
    Thanks again


  • Registered Users Posts: 36 sac2020


    Everyone is sympathetic I am sure. It is a very difficult situation.

    But you are over holding. You have no right to remain in the property. You are unwilling to leave but you are unable to cover the cost of remaining. Paying the rent or keeping the house nicely does not change anything. You are over holding. You are staying somewhere where you are not wanted and not entitled to be.

    The landlord is not a charity and you are not destitute.

    The PRTB doesn't fine tenants. It determines damages. It sounds like damages are being incurred as a result of your behaviour. The landlord is under a duty to minimise the damage but I can see that you are causing quite a lot of trouble.

    You are also claiming that you are being evicted. In fact, you are not. Your lease is over but you won't leave. That is very much different from being evicted. This is not a good way to get sympathy.

    Can you figure out how early next week you can get out and negotiate with the landlord on that basis?
    Thanks but not holding deliberately.
    Had issues , trying to do the best what I can . Wish I could record the phone and put it here to show how abusive the agent is form day1.
    Will try and find someone local here who can speak to her

    I am trying to minimimse all damages. Can't take my family on road

    Agent doesn't listen she only talks herself and threatens


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  • Registered Users Posts: 36 sac2020


    Mod : pls u can close this thread . Or delete it better

    I know u have to move but at the same time can't do it overnight as I have 2 kids and wife to worry about. Their school and crèche .
    Location handy for the bus for that.
    New place/LL who is haooy to give house to kids so we are the last one to be chosen. unless u ready to give 100 -200 more
    LL that ditched me don't think is registered to prtb or intending to do so. He wasnted cash only transactions and delayed me till end. My fault I trusted him. Will see what action I can take against him
    .
    If deposit is not given back which it seems plus temp arrangement plus new deposit in new house . I will be screwed anyways .

    I wish to buy a property here now and keep this agent to mange the property as they are so one sided.. ... No I will never show such a behaviour

    Hell of an experience being a tenant here in ireland !!!
    Thanks guys who were supportive in the responses
    And thanks to others for showing me the other side and how bad it can get.

    I wil still ignore some comments which looks like written by ppl who own the property and thinks that tenant has no value.

    I hope I don't get any more negative comments targeting this post .
    I will simply say put yourself in my shoes before typing


  • Registered Users Posts: 1,813 ✭✭✭peteb2


    Do you understand the agent is employed by the landlord? Their concern is not for you, you neither pay them or employ them. They provide services to the landlord for a fee.

    People are saying things you don't like because you are ignoring what you already told people and you only want to hear what is in your favour. You were given plenty of notice to move by X date and there is other people moving in. But because you can't move in to the new place you think this is the problem of your old landlord. There is absolutely no action you can take on him.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Overholding happens. There is no way that the O/p will be held liable for hotel costs by the PRTB. The LL is simply not going to tell a tenant to go to a hotel and take care of it in the hope of eventually recovering the money from the o/p. Equally the issues of the costs of the works are irrelevant. The o/p should stay where he is until the new house is ready. He should defend any claim against him at the PRTB which will only be to pay the rent that is due. The o/p would be in serious difficulty if he goes to B&B or other temporary accommodation. The costs would be ruinous. A bit of inconvenience for people is regrettable but it happens.


  • Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    sac2020 wrote: »
    thanks for nice comments
    Thanks looks like you are my landlord. I have paid all my bills . All bills are thru dd from my account . What does he lose anyways. His House is in mint condition , cleaner than he gave me . Guess I were never a tenant

    It's very hard to have sympathy for you when you have this attitude.

    You have NOT paid all your bills. Your bills keep running up until the day you move out. Just because you received a bill, say, last week, doesn't mean you are up to date with paying your bills.

    The LL cannot determine whether the house is in "mint condition" until the day you move out (though with four children I would be very surprised it would be in better condition than when you moved in.

    Thanks for comparing me to your LL. He sounds like a very reasonable man. He did allow you to extend your lease by THREE MONTHS despite giving you proper notice. But then I guess, as they say, eaten bread is soon forgotten.


  • Registered Users Posts: 36 sac2020


    peteb2 wrote: »
    Do you understand the agent is employed by the landlord? Their concern is not for you, you neither pay them or employ them. They provide services to the landlord for a fee.

    People are saying things you don't like because you are ignoring what you already told people and you only want to hear what is in your favour. You were given plenty of notice to move by X date and there is other people moving in. But because you can't move in to the new place you think this is the problem of your old landlord. There is absolutely no action you can take on him.
    Isn't that fee included in the rent . So it's eventually coming to the tenant . I always things agent represents both parties . Very odd to hear that it's only landlord.


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  • Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    sac2020 wrote: »
    I have ignored some contents here from some posts.

    And here's the crux of your problem. You're ignoring what you dont want to hear and sticking your head in the sand. The problem is between you and your new landlord. Your current landlord/his new tenants are the victims in this scenario if you overstay


  • Registered Users Posts: 6,726 ✭✭✭SteM


    sac2020 wrote: »
    Isn't that fee included in the rent . So it's eventually coming to the tenant . I always things agent represents both parties . Very odd to hear that it's only landlord.

    Of course the agent represents the landlord. You didn't employ the agent did you? Whether the fee comes from the rent or not is immaterial.


  • Posts: 24,714 [Deleted User]


    4ensic15 wrote: »
    Overholding happens. There is no way that the O/p will be held liable for hotel costs by the PRTB. The LL is simply not going to tell a tenant to go to a hotel and take care of it in the hope of eventually recovering the money from the o/p. Equally the issues of the costs of the works are irrelevant. The o/p should stay where he is until the new house is ready. He should defend any claim against him at the PRTB which will only be to pay the rent that is due. The o/p would be in serious difficulty if he goes to B&B or other temporary accommodation. The costs would be ruinous. A bit of inconvenience for people is regrettable but it happens.

    No wonder LLs have some much hassle with tenants when there is ridiculous advice like this being handed out.

    The op has to move out on the day agreed simple as that and he would be responsible for costs incurred due to his illegal stay in the house.


  • Registered Users Posts: 36 sac2020


    And here's the crux of your problem. You're ignoring what you dont want to hear and sticking your head in the sand. The problem is between you and your new landlord. Your current landlord/his new tenants are the victims in this scenario if you overstay
    I have got enough advise I think ... Pls read my last few posts . Am not saying that am overstaying . I am looking for property and planning to stay in bnb or hotel based on what I can afford . I might overstay for 1 or 2 or 3 day.
    But looks like I am not getting deposit back in any case. I have 3 different problems to manage now..
    Again I have read all the advices and I think am taking the right step .
    Am have always bring a good tenant where's the landlord and agent is not since day 1 and always rude
    I will pass on the email to this thread of you want me to.. But she is abusive on phone and softer on email..
    Am still trying to be a good tenant and expect the same from landlord and agent


  • Registered Users Posts: 36 sac2020


    SteM wrote: »
    Of course the agent represents the landlord. You didn't employ the agent did you? Whether the fee comes from the rent or not is immaterial.

    Still think it's very odd . The agent represents both parties .
    You are saying tenant has only prtb to go?


  • Registered Users Posts: 36 sac2020


    Away from this thread as have work to sort out.. I take the blame if that is making someone's happy . Spoke to one local friend who had been in the similar situation but then he had some backing so agents were never rude or anything . They took the case to prtb but then mutually agreed . And I feel vunrable as am not from here
    I know some ppl will reply to this to defend this fact and comparison but that's my thinking


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    No wonder LLs have some much hassle with tenants when there is ridiculous advice like this being handed out.

    The op has to move out on the day agreed simple as that and he would be responsible for costs incurred due to his illegal stay in the house.

    The landlord is obliged to mitigate his loss. There is no way the landlord would have entered into an arrangement which would have obliged him to pay hotel bills for a prospective tenant. The PRTB would not regard that as foreseeable.
    Again the landlord would not have bound himself to pay a builder if the house was not vacant on a particular date. The agent in this case is trying to scare the o/p with nonsense. Look on the PRTB website. See if you can find one case of an overholding tenant who was asked to pay for anything other than rent and actual damage to the house or its contents. You will not find one. That is in more than 10 years of determinations.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    4ensic15 wrote: »
    Look on the PRTB website. See if you can find one case of an overholding tenant who was asked to pay for anything other than rent and actual damage to the house or its contents. You will not find one. That is in more than 10 years of determinations.

    PTRB determinations over ten years your having a laugh


  • Banned (with Prison Access) Posts: 98 ✭✭GuitarMusic


    Tell your new landlord that you are moving into a B&B or hotel and tell him to pay your expenses as you had agreed a date to move in but he wasn't ready.


  • Registered Users Posts: 3,028 ✭✭✭Call me Al


    sac2020 wrote: »
    Still think it's very odd . The agent represents both parties .
    You are saying tenant has only prtb to go?
    The agent is being paid by the landlord, not you. You may pay rent to an account with the agent but this is the landlord's money, and from this a fee is paid to the agent.
    Or in other words your landlord pays for all the services and assistance you receive from the agent for the duration of your rental.

    If you have issues with this service you receive you can take it up with the PRTB, but don't expect a sympathetic ear from the agent, especially when you are overholding and the agent's client is out of pocket as a result.


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  • Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    sac2020 wrote: »
    I have got enough advise I think ... Pls read my last few posts . Am not saying that am overstaying . I am looking for property and planning to stay in bnb or hotel based on what I can afford . I might overstay for 1 or 2 or 3 day.
    But looks like I am not getting deposit back in any case. I have 3 different problems to manage now..
    Again I have read all the advices and I think am taking the right step .
    Am have always bring a good tenant where's the landlord and agent is not since day 1 and always rude
    I will pass on the email to this thread of you want me to.. But she is abusive on phone and softer on email..
    Am still trying to be a good tenant and expect the same from landlord and agent

    You are contradicting yourself, yu say that you are not overstaying and then that you might overstay by 1/2/3 days. Which is it? If you overstay your deposit is in danger and there is the potential for you to be liable for damages (albeit that the PRTB ruling may take a while). If you don't overstay and the house is in the correct condition and all bills get paid then you receive the deposit back.


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    sac2020 wrote: »
    Mod : pls u can close this thread . Or delete it better

    I know u have to move but at the same time can't do it overnight as I have 2 kids and wife to worry about. Their school and crèche .
    Location handy for the bus for that.
    New place/LL who is haooy to give house to kids so we are the last one to be chosen. unless u ready to give 100 -200 more
    LL that ditched me don't think is registered to prtb or intending to do so. He wasnted cash only transactions and delayed me till end. My fault I trusted him. Will see what action I can take against him
    .
    If deposit is not given back which it seems plus temp arrangement plus new deposit in new house . I will be screwed anyways .

    I wish to buy a property here now and keep this agent to mange the property as they are so one sided.. ... No I will never show such a behaviour

    Hell of an experience being a tenant here in ireland !!!
    Thanks guys who were supportive in the responses
    And thanks to others for showing me the other side and how bad it can get.

    I wil still ignore some comments which looks like written by ppl who own the property and thinks that tenant has no value.

    I hope I don't get any more negative comments targeting this post .
    I will simply say put yourself in my shoes before typing

    Mod note Thread closed as requested. OP please read the accommodation and property forum charter before posting on here again. Being civil and attacking the post not the poster are fundamental rules of this forum.


This discussion has been closed.
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