Landlord wants to remove both lawns

Graham

Mod Note

ok, enough. Any more off-topic posts or sly digs will be met with a card.

emeldc

An Ri rua wrote: »

That's ridiculous and out of order. Huge assumptions. Are you not entitled to have a car just out of NCT parked up?? Are you not allowed have 2 or 3 pallets of hardwood delivered and tarped? Are you not allowed have a coal bunker and a pvc bicycle shelter?

I would ask you to withdraw your unwarranted aspersions.

But maybe he's not 'entitled' to have all that stuff at the side of the house. What does his lease say about cars and sheds and bunkers and pallets of wood. I'm sorry but with the description you've given it really does sound like a bit of an eyesore.

aloooof

An Ri rua wrote: »

Merely. Not just. Engine issues.

Are you the NCT police??

I only mentioned it as what you've said is contradictory. Others have observed similar from you previously in the thread also:

kceire wrote: »

I think the OP is chopping and changing their story which may add to the frustration.
They didn't post all of the info at the start, and then added some key bits later.

The more accurate and clear information you can give, the better / more relevant advice and feedback you'll receive.

Fol20

An Ri rua wrote: »

My uncle has a lot of his property to the side of the house. Fuels etc. Plus a car that won't start. Why should he be stressed in moving these immediately, for someone else's selfish benefit?

Plus, he rented a house with lawns and shrubs. It was advertised on that basis. He saved the online ad. He wanted lawns.

Put it the other way. What if any of your landlords or family's or friends' landlords decided that their next tenant, or family member, would love a lawn, so they take up and remove 2 parking bays and lay a lawn that needs maintenance? How would you read that? It's not what the current tenant signed up for of wants?! End of surely.

Sorry to be rude but It doesn’t really matter what your uncle wants. He doesn’t own the place and is only renting.

I genuinely don’t know if an ll is allowed to make these types of changes if a tenant wants to block it. That’s why I’d like to remove the eviction notice as it’s not really relevant to what you are asking for and thought the thread was getting side tracked with that conversation.

micar

An Ri rua wrote: »

That's untrue. What's been chopped and changed exactly? Perhaps you mean that you made assumptions and further info (facts) now cancels that out.

It's not a business case I'm submitting. It was a very clear request for info or directions to links. You stand guilty of not following the OP. That is all.

I plead "Not Guilty" your honour.

MacDanger

Was just looking at the RTA and under LL obligations, it states that the LL shall:

"allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,


(b) subject to subsection (2), carry out to—


(i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18of the Housing (Miscellaneous Provisions) Act 1992 , and

(ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed

etc."

Since the tenant is entitled to "enjoy peaceful and exclusive occupation of the dwelling" unless covered under one of the other sections, I don't think the LL is entitled to access the property to make these improvements without the agreement of the tenant.

I'm no expert on this though so that's just my reading of it

An Ri rua

Fol20 wrote: »

Sorry to be rude but It doesn’t really matter what your uncle wants. He doesn’t own the place and is only renting.

I genuinely don’t know if an ll is allowed to make these types of changes if a tenant wants to block it. That’s why I’d like to remove the eviction notice as it’s not really relevant to what you are asking for and thought the thread was getting side tracked with that conversation.

What eviction notice??? You're not dealing in facts and you're not dealing in answering the original OP. Most likely you mean terminating a tenancy?

If you have a link to where 'it doesn't matter what your uncle wants', that is what I requested. Not opinion.

_Brian

Jesus who owned this property.

This isn’t major refurbishment and the tenants need to pipe down and let things be.
Removing the lawns wouldn’t be my choice either but it’s not my property.

If the tenant is pushing back saying this is an inconvenience because it’s major refurbishment the landlord should give him notice and kick him out.

An Ri rua

emeldc wrote: »

But maybe he's not 'entitled' to have all that stuff at the side of the house. What does his lease say about cars and sheds and bunkers and pallets of wood. I'm sorry but with the description you've given it really does sound like a bit of an eyesore.

I suggest that you live in a very urban environment, perhaps, and are overly sensitised. The LL has no issue with the materials. He wants to remove them and then return them. More chaos that the tenant doesn't agree to.
The house is kept to the same neat standard as any other longterm rented or owned domestic dwelling in the area.
What exactly is an eyesore and do renters have less rights? All of this is a distraction to the original request for advice made. You are simply trying to substantiate your dodgy assumptions. Not helpful at all. Distracting .

An Ri rua

_Brian wrote: »

Jesus who owned this property.

This isn’t major refurbishment and the tenants need to pipe down and let things be.
Removing the lawns wouldn’t be my choice either but it’s not my property.

If the tenant is pushing back saying this is an inconvenience because it’s major refurbishment the landlord should give him notice and kick him out.

Would you please read the early posts and then edit this nonsense.

Fol20

An Ri rua wrote: »

What eviction notice??? You're not dealing in facts and you're not dealing in answering the original OP. Most likely you mean terminating a tenancy?

If you have a link to where 'it doesn't matter what your uncle wants', that is what I requested. Not opinion.

You are right, its a termination nation notice rather than an eviction notice - i think you understood what i meant when i said it and thought this was taking away from what you were trying to find out.

Well right now the facts are your uncle doesnt own the house, he cant go and paint the house whatever colour he wants, but the owner can. Not sure where the attitude is coming from as i was just trying to get the conversation back on topic and also said i didnt know if this was possible.

Graham

Mod Note

thread closed for mod review.

Added, thread will remain closed at OPs request.

Graham

Mod Note Pt 2

I wouldn't normally consider an addendum to a closed thread but in this instance the OP has received a response clarifying the RTB position.

While this should not be viewed as definitive, it is likely to be of interest to other landlords/tenants.

Please seek your own professional advice should you find yourself on either side of a similar scenario.

I wish to acknowledge your query and note the contents therein.

If you entered into a tenancy which included a front and back lawn, then they are the terms of your tenancy.

A landlord can not change the terms of the tenancy while the tenancy is ongoing, without mutual agreement.

To do so would be a breach of their obligations and you could lodge a dispute for this reason.

Furthermore, if the landlord is entering the property without a pre-arranged time of mutual agreement this would be breach of their obligations.

While you are paying the rent you do have exclusive access to the property and the right to peaceful occupation.

If the landlord wishes to terminate the tenancy they would need to issue you a notice in writing with a statutory declaration.

If you’ve been in the property 3 to 7 years you are entitled to 180 days notice. If you remain over the 7 years you would be entitled to 196 days.

If you receive a notice you feel is invalid you can dispute its validity through the RTB.

You can lodge a dispute through an online account on RTB.ie or by paper application. (Form attached)

If you require further assistance please do not hesitate to contact us ***** or ***** or visit our website www.rtb.ie

Kind Regards

Thanks to the OP for sharing the response.