Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Letting Agent entered my property without consent

13

Comments



  • You said they tried to phone you but you didn't answer.

    So because I didn't answer a phone call due to being very busy at the time, that gives her the right to enter the apartment 2-hours later?

    Is that your position?

    Let's frame this from another angle. Imagine if I were a woman, didn't get to answer a few calls that afternoon, and happened to have been unclothed; and all of a sudden a letting agent man walks in asking about painting rooms.

    In other words, can you possibly see why laws exist to ensure that people cannot enter your home unannounced?

    The only exceptions are emergencies. Asking about a damn painter isn't an emergency.

    And based on your last comment, "drip, drip, drip", I won't engage with your posts going forward.



  • Registered Users Posts: 55 ✭✭shimadzu


    You tend not to want to engage with anybody, landlords, agents, RTB, other posters, etc, that's why you keep creating new accounts and complaining on boards.



  • Registered Users, Registered Users 2 Posts: 69,731 ✭✭✭✭L1011


    Do not speculate as to other users identities





  • Can anyone confirm whether faulty fire alarm systems are the responsibility of the landlord or the tenant to fix?

    I'm trying to find information on this but failing currently.



  • Registered Users, Registered Users 2 Posts: 69,731 ✭✭✭✭L1011


    Landlord. Building infrastructure.

    In apartments it would be the OMC, of which the landlord is a member and the tenant is not

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 1,278 ✭✭✭meijin






  • Thanks for confirming that.

    The reason I brought it up is because when the alarm systems broke down, maybe within a month of my tenancy, I emailed the same letting agent and asked her about fixing them. She instead told me that it's something I will have to fix and that concierge might have a phone number to an electrician who would be able to assist me.

    This is yet another cost that I had to absorb.



  • Registered Users, Registered Users 2 Posts: 1,889 ✭✭✭mrslancaster


    Of course LA should not have let themselves into your apartment but could you prove they did? Unless you have some actual evidence, the LA could deny it happened and say they tried to contact you by phone, knocked on your door, but left the building when they got no answer. LA's need a licence to operate and could lose it if they do anything dodgy.

    Agree with others that you need to pay the bin charges.

    Afaik you need an rtb registration number to claim the rent credit - no idea how you get around that if you don't have it and you've already left the apartment. If the LA was managing the letting for three years, they slipped up by not ensuring the registration was in order.

    Does the LA know you intend to dispute the non-registration with the rtb? It's hard to understand why any landlord would risk not registering a rental these days - they're leaving themselves open to hefty rtb fines and revenue scrutiny.

    Post edited by Boards.ie: Mike on




  • I'm looking into getting the RTB number. One way or another, I'm getting that rent credit.

    On the proving she entered, I don't disagree it's impossible to directly prove. But there is circumstantial evidence that it is more likely true than not i.e. I didn't know she was going to arrive yet shortly after she left, I sent a text to my other half saying what happened. Now the only way that could not be true is to argue I deliberately lied to my other half. So whilst nobody has a camera pointed to their door all the time, her history of lies and deception, coupled with this circumstantial evidence, is sufficient to establish beyond reasonable doubt that what I am saying is true -- which it is.

    Yes, the LA has been told that if they play fast and loose with my deposit, I will proceed with RTB on all the bases discussed in this thread (and others I have since come across).

    They are already trying to "manufacture" circumstances to try and scam me further.

    For instance, yesterday. When the washing machine broke down, I personally replaced it with a brand new one, and this was integrated like the old one. Yet she emails me saying that the washing machine will be physically removed from the property (they will probably sell it for easy money) because I did not receive "authorisation" to have it replaced; so that an empty gap is in the apartment -- either paid by me through my deposit or through the landlord paying for it. This is despite the fact in the clauses it states that I am personally responsible for fixing any maintenance issues, should they arise.



  • Registered Users, Registered Users 2 Posts: 1,889 ✭✭✭mrslancaster


    Just saying that like many others, I have no time for dodgy landlords or letting agents.

    But going on your info, the rent increase amounts look ok. You paid 2200 deposit three years ago so sometime in 2021. That was also the monthly rent. Between Jan and Jul21, rent increases were capped at 4%. From Jul to Dec21, rent increases were in line with inflation. The 2% cap came in in Dec21. Those different rates could explain your rent increase of 3.18% from 2200 to 2270. The next increase was 2.2%.

    The increases are calculated based from the date of occupancy and the interval since the previous increase, so with no info on the dates it's hard to say if they are ok or not.

    I don't know if there is a requirement to get an invoice for utilities once they are specified in a lease agreement that you signed. You are definitely entitled to more than two weeks notice of a rent increase and that can be disputed with rtb.

    Post edited by Boards.ie: Mike on


  • Advertisement


  • In my view, if letting agents behave anywhere near as like she has, they should be struck off the record and have their license revoked -- immediately and permanently.





  • This estate agent seems to have conducted the entire letting in a most unprofessional and unlawful way. Are they even properly registered as an agent, nothing would surprise me the way they conduct business 🤔 Landlords often depend entirely in an agency to do things properly. You employ an agent to look after the lease, payment, maintenance. When I let my place it meant I didn’t get calls regarding cooker broken etc, they just filled an online form, the agent contracted a contractor for an estimate, I got an email notification so that I could go to the portal and approve the repair or replacement.





  • I wish that was all I had to put up with.

    This for me matters more than money now. I cannot let scammers get away with this, period.

    Post edited by Boards.ie: Paul on


  • Registered Users, Registered Users 2 Posts: 753 ✭✭✭havana


    Are you actually for real? If someone let themselves in to my house and I didn’t know who they were I’d probably scream for help - asking who they were is pretty normal I would think.


    this thread has totally blown my mind!!





  • I was shocked at a) the level of hostility I received and b) the assumption the tenant must by hiding something; i.e. that somehow the landlord / letting agent must somehow be acting legitimately, that somehow I was in the wrong (I must be hiding essential details).

    I have been as honest as possible, and even posted emails and contract details.

    For some, that's not enough -- apparently I'm still to blame for everything.

    I'm perfectly aware the letting agent will try to get up to no good to try and make me look bad. It's a risk I decided to take, but I cannot allow them to scam me any further -- or for that matter, anyone else.

    And if my pursuit of their behaviour ends up resulting in helping other people in the long-term, in whatever capacity, then it will be worth it in the end for me.



  • Registered Users, Registered Users 2 Posts: 1,457 ✭✭✭SharkMX


    They are probably sick of you tbh and any communication from you goes to the bottom of the inbox.

    I imagine you have a complaint in every week. Even now that you have left you cant let up.



  • Registered Users Posts: 55 ✭✭shimadzu


    Sounds like a classic case of renters remorse, off to the RTB when a lease has come to an end. From what you have posted about the agent over the last two years they appear to be very unprofessional but I find a lot of what you have to said to be questionable. I don't think there is a landlord in the country that would avoid registering with the RTB, avoid paying tax and then go down the route of using an agent to manage the rental which would generate a paper trail that would be very beneficial to revenue. A year ago you were going to hold the agent/landlord to task regarding your renters tax credit, did the RTB rule in your favor on that matter, did revenue audit the landlord? From the snippets of communications with the agent you've posted you strike me as a tenant that has gone out of their way to make everything as awkward as possible and I'm sure the agent/landlord are delighted this tenancy has concluded.



  • Posts: 0 [Deleted User]


    There seems to be a lot more to this story than what the op has posted, using this account. For the sake of completeness, perhaps it would be better to merge, or ant least link to earlier threads, if the op agrees.



  • Registered Users, Registered Users 2 Posts: 64 ✭✭MrRigsby


    I left the letting business years ago because you run into more than your fair share of to be polite “problem people “ . They are emboldened by the likes of the RTB who are a joke and zero legal protection for landlords. It’s amazing how people who are supposedly so intelligent and have legal knowledge that would put a senior counsel to shame can’t afford their own property thus eliminating the need to deal with landlords and letting agents entirely. Personally I never used letting agents as I preferred to size up potential tenants myself and weed out anyone I got a bad vibe off . Didn’t always work out unfortunately as even the filthiest pig can clean up their act for a viewing



  • Advertisement
  • Posts: 0 Sasha Mango Pedal


    Seems OP is overreacting, making a big deal otta something to try and get some money back..

    The EA entered the apartment nearly 10 days ago now, most ppl would have forgotten abt it by now :) But their still ranting..

    The EA was definitely in the wrong, but get over it.. move on..

    Now EA it going out of their way to charge OP for bein a pain in the ar$e



  • Registered Users, Registered Users 2 Posts: 1,457 ✭✭✭SharkMX


    People like the OP are a huge reason that regular normal people cant get rentals these days and also the reason the RTB are so heavy handed and this is seen in increased rents due to landlords leaving the market and any new ones coming in with huge rents.





  • You may be happy to be scammed, but I'm not.

    In total, they cost me thousands. And yes, I have every right to defend myself against their conduct over a number of years.



  • Posts: 0 Sasha Mango Pedal


    Post edited by Boards.ie: Mike on




  • If you were threatened to leave the property due to asking about rent credit; if you were demanded to adjust your rent within 2-weeks -- twice; if you were told to pay for all repairs and maintenance, even when its the landlord's responsibility -- and then when you do so, they issue an email saying you didn't receive their prior "authorisation", and so you lost another €1,000; if you had someone enter your home without consent; and many more situations besides; you wouldn't have the same casual opinion you appear to hold.

    You'd be angry.

    As would 99% of people.

    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 5 Joeanne 1999


    I had a similar issue where my landlord A MAN entered my home (a lady).

    Don’t let this go.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,457 ✭✭✭SharkMX


    Your stories get better all the time. Its like you come up with an issue and then when you go away for a while you think of some more embellishment.

    Then next time you log in the story has got worse and the landlord or agent is a bit eviler than they were before.

    Wont be too long now til they walked in while you were in the shower and the agent has hooves.

    Post edited by Boards.ie: Mike on


  • Registered Users Posts: 299 ✭✭Jmc25


    How many days would be reasonable for the OP to continue remembering before deleting from their brain like most people?

    Post edited by Boards.ie: Mike on


  • Posts: 0 Sasha Mango Pedal


    I know your being stupid, but maybe a day or 2 and then move on... does no good to keep going over it and over it...

    Appears OP is working up quite a frenzy :)



  • Registered Users, Registered Users 2 Posts: 1,457 ✭✭✭SharkMX


    Post edited by Boards.ie: Mike on


  • Posts: 0 Sasha Mango Pedal




  • Advertisement
  • Registered Users, Registered Users 2 Posts: 69,731 ✭✭✭✭L1011


    If you're going to just snipe at the OP, don't post at all. SharkMX and Sasha Mango Pedal are not to post in this thread again





  • On the rent credit, the RTB got back to me today (after some considerable time) to tell me that they cannot find the property registered and that I could contact the investigations unit.

    But I contacted the investigations unit around the same time last year who said they identified the address isn't registered with the RTB and yet the address is still not registered today.

    They also said to me that, "As the property may have been registered using a different version of the property address, you should carry out further searches on the register to check for records of a tenancy registration". I have done all possible versions and nothing turns up.

    It's an altogether bizarre set of circumstances, and nobody can seem to force through a solution for me here.



  • Registered Users, Registered Users 2 Posts: 1,278 ✭✭✭meijin


    obviously, you were not registered

    if you were, you would get a letter from RTB with the registration number soon after the registration (which usually happens at the start of the tenancy)

    Post edited by Boards.ie: Mike on




  • If that's the case, does it mean I cannot access the rent credit?



  • Registered Users, Registered Users 2 Posts: 9,015 ✭✭✭blackwhite


    Being asked to pay for bin charges that you signed a contract agreeing to pay doesn't equate to being "scammed".

    Post edited by Boards.ie: Mike on


  • Registered Users, Registered Users 2 Posts: 3,260 ✭✭✭Kaisr Sose


    It should not be up to you to prove the property is not registered. RTB should be all over this to determine if it's registered, not asking you to do it for them. Very poor from them.

    You are liable for the bin charges. Its not a scam. You generated refuse while living there, so it's reasonable to expect you to pay for its collection and disposal.

    Post edited by Boards.ie: Mike on




  • I have no issues paying for whatever I am required to pay.

    But what I was scammed out of and lost out due to their lies far, far exceeds the bin charges by multiple times.



  • Registered Users, Registered Users 2 Posts: 1,278 ✭✭✭meijin


    Post edited by Boards.ie: Mike on




  • How do you think the RTB will react to how the letting agent acted post-tenancy i.e. I paid €450 for a washing machine to replace the old, then broken one and had the new one integrated, exactly as it was integrated beforehand.

    After I left the tenancy, they are now arguing that the new washing machine must be disposed of from the apartment, and a new one bought to replace it.

    Surely the RTB will consider this yet another malicious act to take as much of the deposit as possible?

    I also replaced the fire alarms, and they are aware of this too, but aren't arguing the fire alarms must be disposed of.



  • Registered Users, Registered Users 2 Posts: 1,278 ✭✭✭meijin


    In my opinion, their lease and behaviour were unacceptable and you should ask for a refund of all expenses above the initial rent.

    Actually, they should have provided you with details about what rent was charged previously, and how your initial rent complies with RPZ regulations. So maybe even the initial rent could be incorrect? But that might be hard to prove now.

    But it's up to you to argue your case at RTB Adjudication, and if you're not happy with the result, appeal to the RTB Tribunal.

    The better you prepare, the better your chance to win.

    Post edited by Boards.ie: Mike on


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 7,945 ✭✭✭growleaves


    How could it be considered fine to walk in on someone in a private dwelling?

    They could be naked or having sex.

    It has nothing to do with whether you find someone annoying and consider them a nuisance/a 'problem tenant' (which is subjective). That's irrelevant.

    I'm not sure LL posters on this thread realise how irrational and burnt out they sound.



  • Registered Users, Registered Users 2 Posts: 1,889 ✭✭✭mrslancaster


    Not a landlord and agree completely that an EA should not let themselves into any property without permission, be that from a tenant or an owner. Unfortunately for the OP it is their side of the story, rtb may need proof and the EA may deny it.

    It should be easy to determine if rent increases were incorrect if OP has paperwork and can show when they were paid. If the period for rent notices was only two weeks then clearly the OP should dispute that, same with receipts for repairs or replacements that were the landlords responsibility. Rent credit is Revenue.

    I'm wondering why a landlord would pay an EA to manage their property if they were dodgy? Those guys want to make as much as possible and an agent would cost them thousands in fees. Also why would an EA risk losing their license for a dodgy landlord. Any EA's I know register properties with the rtb as part of their brief and use the rent calculator and statutory forms on the rtb site. It's an odd messy situation for the OP for sure.





  • They sent me the full deposit today -- (tomorrow was the final date I was willing to wait for it, or I'd escalate).

    Clearly they understood perfectly well that RTB and Revenue would have a field day with their conduct to date, both in terms of the property and my tenancy. I wonder what they feared the most. They have done so much wrong. I also wonder how much they have scammed other tenants over the years; I'm absolutely convinced that I wasn't their first target.

    Their sending me the full deposit is complete vindication of everything I accused them of, including her unlawful entry to my property.

    They didn't even send me an email confirming it. The deposit was just sent back to my account without a word spoken.





  • Are tenants legally obliged to sign a document from a letting agent at the end of a tenancy, confirming that the tenant agrees to have a specified deposit returned to them?

    Or is the deposit simply returned to the account, as standard -- without any legal contract signed.

    The reason I ask is because it seems they wanted me to sign a contract agreeing to have the full deposit returned, "I confirm my agreement to the above in accordance with the lease agreement and payment of €2,195 in full and final settlement of all monies due to me in relation to my tenancy at <address redacted>. I also confirm that I have returned all keys to the agency and will not return to the apartment at any time in the future."

    The above was sent to me last week, but I refused to read their correspondence at the time.

    But I'm wondering if this is considered standard practice. After all, they sent me the full deposit today without me signing that document last week.



  • Registered Users, Registered Users 2 Posts: 273 ✭✭xyz13


    Lord have mercy...

    Bien faire et laisser dire...





  • It's a legitimate question -- is this standard practice when deposits are returned.

    After all their scams to me over the past number of years, I wouldn't put anything past them with me not having signed that document yet they returned the deposit anyway.



  • Registered Users, Registered Users 2 Posts: 1,278 ✭✭✭meijin


    of course, you should NOT sign it - how would that benefit you?

    it would give the agency another piece of paperwork to say that you received "full and final settlement of all monies" if you try to claim any refunds through RTB

    Post edited by Boards.ie: Mike on




  • That's what I hoped to hear, thanks for clarifying that for me.





  • They clearly do not want me to persist with the rent credit and other costs I have been forced to endure.

    The question is, should this be pursued any further?



  • Advertisement
  • Moderators, Politics Moderators Posts: 40,553 Mod ✭✭✭✭Seth Brundle


    How much have you calculated that they owe you (obviously you need proof they owe you this)?

    Would you prefer that money to be in your pocket?

    Post edited by Boards.ie: Mike on


Advertisement