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Landlord wants to change rent payment from monthly to weekly

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135

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  • Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Again, what what Court were you referring to?

    What does the 2004 Act state in relation to frequency of rent payments?



  • Registered Users Posts: 6,317 ✭✭✭gameoverdude


    Prtb would be the first option obviously, which you know im sure.



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    Go back and read through it again slowly. Your first step is to locate where I said that the 2004 Act stated anything related to frequency of payments. I didn't.

    Payment is covered by the tenancy agreement which was monthly. The tenancy agreement continues due to the 2004 Act. So it is still monthly.


    I can't really help you any more than that. You're going to have to explain where your mental block is



  • Registered Users Posts: 14,513 ✭✭✭✭Dav010


    Which I do, hence I am curious as to which Court DT is referring to, and which part of the 2004 Act relates to frequency of payments. He is telling us this is a simple thread and that @herbalplants should know the basics of the relevant law, so I’d like DT, seen as he no doubt knows the law, which Court he is referring to and which part of the 2004 Act the landlord would contravene relating to frequency of payments.

    They are simple questions, he should have no difficulty answering them if he knows the law.



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    Your task for today. I will send you a special gold star if/when you can achieve it. Go back through the posts on this thread and find the post where I stated the 2004 Act referred to frequency of payments.

    Thanks.



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  • Registered Users Posts: 6,317 ✭✭✭gameoverdude


    What does it matter? Landlord can swing. Just say no. Contract was made. Takes two to tango.

    Expect the next gotcha is allowed rpz rent increase. That's different.

    You do not have to sign a new lease after 6 months.

    Hopefully the ll has deep pockets if they dick around.





  • I’m pretty sure there’s no way he can make you pay weekly & he definitely can’t make you pay cash. The weekly rent part I wouldn’t be too upset by but the cash payment wouldn’t be me anyway.

    Like you said pain in the ass to organise that every week. I’d actually lean on the side of going with weekly payments, but via EFT.

    Naturally if you’re happier to continue along the same as you have been tell them that. I’d always advocate to work with your landlord where possible, but since he’s evicting you anyway I’d just go with whatever’s easier for you.



  • Registered Users Posts: 6,317 ✭✭✭gameoverdude


    Cash is fine. Nothing illegal about it.

    Weekly fine, but I'd say just pay as normal. Maybe ll has cash flow problems?





  • Who said it was illegal? its still a pain in the ass for the OP who has to organise weekly meetings with the LL to facilitate.



  • Registered Users Posts: 6,317 ✭✭✭gameoverdude


    Completely agree. Ll can dance to the ops tune.



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  • Registered Users Posts: 140 ✭✭The Real President Trump


    So no retort then, go check out the rtb and legislation when you find the non existent section that backs up your point you'll post it of course otherwise you just confirmed that it's diarrhoea that's in your contributions



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    You are some spoofer. How does this even begin in your own brain? Where did I say there was some section somewhere that prohibits the landlord from unilaterally changing the payment frequency?

    There is a tenancy agreement in place. Rent is paid monthly. One party to that agreement cannot unilaterally change that. How, in your brain, is me stating that being perverted into an imagined statement that there is a specific section in some legislation somewhere explicitly forbidding that specific detail from being changed?

    Most people, once they pass the age of about 7, begin to understand the concept of an agreement.



  • Registered Users Posts: 777 ✭✭✭machaseh


    If I was served an eviction notice effective at the end of the eviction ban now, I would simply stop paying rent and move abroad just before the eviction ban ends.


    But I understand that this is not an option for you if you are actually Irish, I am a foreigner so.



  • Registered Users Posts: 1,804 ✭✭✭ballyharpat


    They pay in advance, so no, I'd have no problem if they said they were paying it annually-or are you awarew that you pay rent in advance? for someone that comments an awful lot on here, you really seem to pick up very little, even through 'osmosis'.



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    Duh. Are we establishing whether one party can unilaterally change a contract or not? Do you understand what that means? Seeing as how you think (I don't know how but you appear to believe it anyway) that one party can do so, then that party can switch to pay in arrears if they want.

    Or, to play the game the others try to play - "Why don't you point us to the section you are claiming exists in the 2004 Act which makes it mandatory to par in advance? You see you can't do it. nah nah nah nah nah"


    I mean can you seriously understand the point being made that one party to an agreement cannot just unilaterally change it? I think most 5 year olds would be able to grasp that as an idea.



  • Registered Users Posts: 12,098 ✭✭✭✭Flinty997


    What he's doing is replying and quoting comments using vague terms about the lease/contract payment schedule and the termination of tenancy (part 4 etc) without making it clear which he's replying to.



  • Moderators, Society & Culture Moderators Posts: 39,303 Mod ✭✭✭✭Gumbo


    You should be aware of the legal requirements to pay the rent and not advising others to break the law.



  • Moderators, Society & Culture Moderators Posts: 39,303 Mod ✭✭✭✭Gumbo


    OP will financially be better off paying weekly.

    LL will be financially better off if tenant pays monthly in advance.

    Advice will vary depending on what side of the table you’re sitting at. Contracts can be changed despite the consistent references to them once both parties agree.

    If I was the LL, I’d stick with monthly up front as it is now. You are in a better financial position as a LL then.



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    I never made ANY reference to a law about frequency of payment. I have only responded to posters that have magicked that up in their head to repeatedly tell them I never did that. Please point me to the post where I said there was such a law. There are only 80 posts on the thread

    I made it clear that the Part IV is relevant in that the tenancy automatically continues. That was in response to a poster who appeared to think that once the date on the agreement was passed that the relationship became like that of a guest to a hotel.


    Please tell me what you find wrong with the below:

    1) There was a previous explicit tenancy agreement. The tenant paid monthly

    2) The end date on that agreement passed but the tenant stayed on

    3) Under the 2004 Act, the tenancy continues irrespective of the "end date" on it. So paying monthly continues. The 2004 Act is relevant insofar that it makes the tenancy continue.

    4) One party cannot unilaterally change an agreement. This has nothing to do with the 2004 Act.


    Please tell me what your confusion is. Please tell me what is vague about the above. Please tell me what is the bit that you don't understand or where your confusion is coming from.



  • Moderators, Society & Culture Moderators Posts: 39,303 Mod ✭✭✭✭Gumbo


    I think, from looking at your posts, is the reference you made that the tenant can bring the LL to court. You stated this without any back up or fact to base the comment on.




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  • Registered Users Posts: 140 ✭✭The Real President Trump


    Simply there is no provision to pay by a set way, time or method just that the tenant is obliged to pay in full and on time

    Don't like that all ya want but that's the actual law



  • Registered Users Posts: 12,098 ✭✭✭✭Flinty997


    I've explained why you're sowing confusion throughout the thread babbling on about part 4 and such. You either see it or you don't.

    There is only one issue, can the landlord change the payment frequency and method. The reality is nothing the LL can do nothing about it. The OP should continue in whatever was the original agreement.



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    Small "c" not capital "C". It is an expression.

    I think it's section 78(1). f or g for that scenario. You have to go to the RTB and then the Tribunal first. If they don't implement the law then you can take a judicial review to a Court of Law (big "C"),

    That's nothing to do with payment frequency



  • Moderators, Society & Culture Moderators Posts: 39,303 Mod ✭✭✭✭Gumbo


    So the tenant cannot bring the LL to court as you stated?



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump



    Well you explain why the landlord cannot change the frequency, given that the explicitly provided end date of that previous agreement has expired, without referring to Part IV



  • Registered Users Posts: 12,098 ✭✭✭✭Flinty997


    In the past when a landlord had to hand a property back to a reciever like a bank. They might try and get the rent in cash paid to them (the Landlord) instead of to the bank who is the new landlord. I'm not saying that's the case here, it's unlikely imo but there's been threads on the that here in the past.



  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump


    I stated they can take them to court. Again, small "c".



    Power is delegated to the RTB and a tenant must go through them, then the Tribunal, before potentially going to a regular Court of Law. Will it make it that far - unlikely as it would be a clear cut case.

    What is your issue? Are you trying to nit-pick on what you see as some pedantic "technicality" (even though you are mistaken). Is it some sort of petty "points scoring" thing or are you actually not aware that a landlord who lies about the reason for terminating a tenancy can actually end up losing a lot of money over it in a claim from that previous tenant!



  • Registered Users Posts: 12,098 ✭✭✭✭Flinty997


    Already did.

    That's why I asked what happens if the tenant pays on their existing schedule.

    Nothing happens.



  • Moderators, Society & Culture Moderators Posts: 39,303 Mod ✭✭✭✭Gumbo


    Here’s a small c to play with yourself. Ohh how the pot has called the kettle black.

    So thank you for the clarification, the tenant cannot take ll to court.




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  • Registered Users Posts: 19,532 ✭✭✭✭Donald Trump


    No you didn't. According to other posters, there is no schedule to change. The agreement which had the schedule is expired. The end date is in the past.

    Explain to me why the agreement has not actually expired.



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