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Landlord problems i need advice please

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  • 25-10-2016 3:10pm
    #1
    IrishTenant
    Registered Users Posts: 2 ✭


    On January 21st 2016 i received the following

    14 day warning notice for breach of obligations in writing backdated to 15th of January.
    (I received an e-mail stating the 14 day warning notice was being backdated 16 days)

    84 day's notice of termination for breach of obligations.

    I was taken to adjudication for over holding and for rent arrears in July.

    I proved with bank deposit receipts that their were no rent arrears owed and the landlords claim for rent arrears was thrown out and the NOT was found invalid.

    I am now on my 6th Invalid NOT since January 21st 2016 and i know the landlord had his obligation explained to him under the residential tenancies act 2004 as well as the correct procedures for terminating a further part 4 tenancy.

    Yet although this has been done the landlord has continued to serve invalid notice after notice after notice it does not seem he will stop until i leave.

    Can anyone advise me what i can do to stop this please.

    I contacted the Citizens Information center they told me to ring the RTB but the landlord does not seem to be paying any attention to what they say.

    I don't want to have to leave the property until a valid NOT is served but this is getting beyond a joke from the landlord now at this stage.


Comments

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    #2
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    Can't you just ignore invalid notices?

    Have a chat with solicitor if you are feeling harassed by all these invalid notices.


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    #3
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    as far as I can see this is harassment. Get legal advice from a solicitor.

    http://www.contactlaw.ie/tenants-rights-under-irish-law.html


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    #4
    rawn
    Registered Users Posts: 3,093 ✭✭✭rawn


    IrishTenant wrote:
    I don't want to have to leave the property until a valid NOT is served but this is getting beyond a joke from the landlord now at this stage.


    I don't mean to be funny but if the LL wants you out so bad then why are you looking to stay? Seems you'd be better off finding somewhere else to live asap (of course the invalid NOT's will mean you have extra time to do this). The LL seems like a tool.


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    #5
    IrishTenant
    Registered Users Posts: 2 ✭IrishTenant


    I am unemployed and receiving rent allowance assistance.

    I have been looking for an apartment or a house to rent for the €600 limit but have been unsuccessful i have even been looking at moving out of Wexford town as far away as Wicklow or Dublin but still can't find a landlord willing to accept rent allowance every time i ask i get the usual oh sorry this place is already gone. ( Although the property remains advertised online and gets updated regularly)

    I do agree with the landlord being a complete tool though.

    At first i went to the RTB with the invalid notice's and they were found invalid after that i ignored them so the landlord took me to adjudication and has since registered for another adjudication process against me.

    Getting a bit fed up with dealing with the RTB at this point i see them anymore they should offer me a job.


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    #6
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Make an RTB complaint related to RTA 2004 Clause 12.(1)(a) "allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,"

    This definitely constitutes a breach of the landlord's obligation to the tenant's peaceful occupation.


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


    Go but before the adj meeting, tell the adjudicator you would like to clarify a few points.

    Explain because of the previous behaviour and notices, you believe that the landlord is using the process to bring vexatious proceedings and would like to clarify the following:

    1. Can the adjudicator refer the case immediately to tribunal stage where contempt is actionable by the clearly false evidence the landlord is presenting?
    2. If not has the adjudicator any power under the legislation to recommend damages for the landlords behaviour.
    3. What are the penalties for presenting false information to the process?

    There is little the adjudicator can do about it, but it might start to scare the landlord. But you may have legal remedies - Isaac Wunder Order, but i'm not sure how the tribunal / adjudication process relates to it. You would really want to see a solicitor about it to assess how to proceed with an order, how it could be funded and if there would be a claim for damages. If cost is a factor, (i can't post links) try googling "no win no fee solicitor" you will find a site called claims. Try them!

    <Mod snip> no advocating fraud


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    #8
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    rawn wrote: »
    I don't mean to be funny but if the LL wants you out so bad then why are you looking to stay? Seems you'd be better off finding somewhere else to live asap (of course the invalid NOT's will mean you have extra time to do this). The LL seems like a tool.

    In fairness its no easy task to find somewhere else to live these days,.


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