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Need property for son

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    #92
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #93
    76544567
    Registered Users Posts: 465 ✭✭76544567


    TresGats wrote: »
    OP have I got this right- there is a pregnant woman living in your property who you would like to depart by the Summer, but she still is a legal paid up tenant as of today, you are worried about the future and the possibility of her over-holding?
    If tha is the case, I don't see why you are being advised to not fix the boiler.
    Another thing, If I'm wrong correct me, but I'm pretty sure I'm not as I sought legal advice on this matter when I was renting a house-a person who rents a unit can change the locks during their period of rental, as long as they change them back to the original locks when leaving. If I rented a house tomorrow, bloody right I'd change the locks, it's common sense in a rented house.




    She hasnt cleared the changing or quality of locks with the landlord.
    Nor has she handed over the keys to the locks to the landlord.


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    #94
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    TresGats wrote: »
    If tha is the case, I don't see why you are being advised to not fix the boiler.
    Another thing, If I'm wrong correct me, but I'm pretty sure I'm not as I sought legal advice on this matter when I was renting a house-a person who rents a unit can change the locks during their period of rental, as long as they change them back to the original locks when leaving. If I rented a house tomorrow, bloody right I'd change the locks, it's common sense in a rented house.

    Residential Tenancies Act 2004
    16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

    (l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—

    (i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,

    (ii) in any other case, may, in his or her discretion, withhold.


    17.—(1) In section 16 —

    “alter or improve”, in relation to a dwelling, includes—

    (a) alter a locking system on a door giving entry to the dwelling



    The tenant can only change the locks with the written consent of the landlord which the landlord is under no compulsion to agree to.


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    #95
    by the seaside
    Registered Users Posts: 389 ✭✭by the seaside


    <quote snipped>

    I think there is soon for sympathy on both sides. If the OP goes down the route of not fixing a boiler in this weather there are then two sides behaving poorly.


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    #96
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #97
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    Move to evict immediately based on her changing the locks.


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    #98
    by the seaside
    Registered Users Posts: 389 ✭✭by the seaside


    Patww79 wrote: »
    The boiler isn't broken. The tenant would have let the landlord know if it was broken, the landlord wouldn't know otherwise.

    This all sounds great on an internet forum but may seem a bit different saying it in a formal legal setting.


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    #99
    massy086
    Registered Users Posts: 2,845 ✭✭✭massy086


    Pkiernan wrote: »
    Move to evict immediately based on her changing the locks.

    I fully agree the quicker you get the ball rolling on eviction the better.also op start seeking alternative accommodation for your son as this could and probably will drag on


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    #100
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #101
    by the seaside
    Registered Users Posts: 389 ✭✭by the seaside


    Paulw wrote: »
    Yes, it is. It's a breach of the Residential Tenancies Act 2004, section 16

    I understand it is a breach of the Act. Does it therefore follow that it is a basis for eviction?


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    #102
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Remember you need to be consistent. If you're not believing this stranger saying that the boiler is broken why would you believe them saying that the locks have been changed?


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    #103
    by the seaside
    Registered Users Posts: 389 ✭✭by the seaside


    TheChizler wrote: »
    Remember you need to be consistent. If you're not believing this stranger saying that the boiler is broken why would you believe them saying that the locks have been changed?

    Very good.


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    #104
    h2005
    Registered Users Posts: 1,387 ✭✭✭h2005


    Why would you legitimise this third party? I'd contact the tenant through text saying you received a weird message off a stranger and ask is everything OK. Why would you seek to fix this for a person who is attempting to **** you over?


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    #105
    76544567
    Registered Users Posts: 465 ✭✭76544567


    h2005 wrote: »
    Why would you legitimise this third party? I'd contact the tenant through text saying you received a weird message off a stranger and ask is everything OK. Why would you seek to fix this for a person who is attempting to **** you over?


    I wouldn't get into texting at all. Recorded phone calls and letters only. And only deal with the person who rented the house.
    And if they stop paying rent, then take a no money in, nooney for repairs stance from here on in too.


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    #106
    by the seaside
    Registered Users Posts: 389 ✭✭by the seaside


    h2005 wrote: »
    Why would you legitimise this third party? I'd contact the tenant through text saying you received a weird message off a stranger and ask is everything OK. Why would you seek to fix this for a person who is attempting to **** you over?

    That sounds sensible. Probably if the tenant then asks for this third party to act as a proxy the OP will need to deal with them.


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    #107
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    by the seaside wrote: »
    I understand it is a breach of the Act. Does it therefore follow that it is a basis for eviction?

    The tenant has to be given a written warning and a reasonable opportunity to remedy the situation before it becomes a basis for eviction.


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    #108
    by the seaside
    Registered Users Posts: 389 ✭✭by the seaside


    4ensic15 wrote: »
    The tenant has to be given a written warning and a reasonable opportunity to remedy the situation before it becomes a basis for eviction.

    Thanks. Thought that was probably the case.


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    #109
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    by the seaside wrote: »
    Thanks. Thought that was probably the case.

    Give 14 days to reinstall the ORIGINAL locks. Then if she has failed to do so, begin eviction.
    Do not accept a set of keys for the new locks.

    Landlords get screwed if they do this.
    You need to be tough with this <mod snip> tenant.


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