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Landlord changed locks, rent paid in full, belongings still in rental property

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  • 29-09-2016 10:19pm
    #1
    dinkle1978
    Registered Users Posts: 5 ✭


    Hi there,

    I have a query - it's a very long story but the ins and outs of it are as follows:-

    My landlord has, when I confirmed my move out date with him, proceeded to bully, threaten and harass me. He has refused to refund my security deposit (although he has no reason to, as I have always paid my rent and bills on time, have been a great tenant, very courteous, polite and quiet) and has now changed the locks to the rental property, with my belongings still in the rental property, this being done without my notice. Is there anything I can do? I am to 'collect' my belongings tomorrow evening at 9pm wherein only I may enter the premises (which is fair by me). I had to leave the rental property, wherein the landlord also resides on Tuesday evening as I was afraid for my safety, and mental wellbeing. My rent has been paid up until today, 29th September 2016 with no further rent owing.

    Is there anything I can do? Can you please help?


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    #2
    Atlantic Dawn
    Registered Users Posts: 82,682 ✭✭✭✭Atlantic Dawn
    M


    Did you have a lease?


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    #3
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If the landlord lives in the property you have very few rights and no recourse to the RTB. Very little you can do alas


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    #4
    dinkle1978
    Registered Users Posts: 5 ✭dinkle1978


    Yes, both a written signed version and a verbal lease - that's the long story part. Basically, when I moved in, I wanted to draw up a lease to protect both myself and the landlord etc, so I drafted this, and we both agreed and signed same. However, when I gave the landlord notice back in mid August, it was not in writing, nor did he request it, he simply accepted the notice and said he would have absolutely no issues with giving me back my deposit, minus bills (which of course is understandable and acceptable). Now he is saying that I gave him 3 days notice this Tuesday gone (which I had not), and that I am not getting a deposit back at all. I had to leave the rental property on Tuesday, etc and he has changed the locks in my absence, after many and consistent threatening and bullying texts.

    We came to a compromise yesterday evening that I would pay my part in the bills and get the remainder back in my deposit (which is of course what I had said to him all along). I am a little frightened for my wellbeing to collect my belongings tomorrow evening, and am unsure what course to take, or what I can do...


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    #5
    dinkle1978
    Registered Users Posts: 5 ✭dinkle1978


    That's shocking in this day and age when quite a lot of people live with owner occupiers, that a tenant living with the landlord doesn't have many rights... Something to push for perhaps?!

    Is this in regard to deposit also? Surely a security deposit is a legal formality, and is to be refunded, minus bills, wear and tear, on the day of moving out?


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    #6
    rainbowtrout
    Registered Users Posts: 15,382 ✭✭✭✭rainbowtrout


    dinkle1978 wrote: »
    That's shocking in this day and age when quite a lot of people live with owner occupiers, that a tenant living with the landlord doesn't have many rights... Something to push for perhaps?!

    Is this in regard to deposit also? Surely a security deposit is a legal formality, and is to be refunded, minus bills, wear and tear, on the day of moving out?

    The lease you drafted is fairly meaningless, you were renting a room in an owner occupier's house, which gives you no rights. It's a bit crap, but the rights of the owner occupier to their home, supercede your rights as a tenant. It's a double edged sword, you don't have to give them notice when you move out (obviously it's courteous to do so), but they don't have to give you notice either.

    If you are feeling that threatened when calling to collect your stuff bring someone with you, and at this stage it's probably best to chalk it up to experience.


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    #7
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    You have rights, owner occupied rental agreements just aren't covered by the PRTB act.

    You can of course use the small claims court to remedy damages (within the small claims court limits) which costs €25, and if memory serves me correctly, this is less than a PRTB claim.

    Any award will probably limited to actual damages though, i.e. rent,deposit & damage to property, but claim for an reasonable amount for damages for breach of contract and stress caused by their actions. You should reasonably expect the deposit to be returned, the defendant may argue that there are damages and you gave insufficient notice (whatever is in the agreement) but after locking you out the balance of probabilities will probably go against them.

    But it sounds like you are getting your deposit back and rent owed was only 1 day?


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