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Eviction for Anti-Social Behaviour

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    #32
    Eimee90
    Registered Users Posts: 301 ✭✭Eimee90


    I would hold the messages threatening your careers as well.


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    #33
    Ronin247
    Registered Users Posts: 1,256 ✭✭✭Ronin247


    I would not move. Fight him every inch of the way, if you go looking for a 5 month rental now, you will find it very hard. Who will rent to you, with the potential to rent to students for the whole school year? If you string him past August/September he will probably back off.

    Chances of getting your deposit back are slim to none, so I would think very carefully before paying the last months rent as well!!


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    #34
    IvyTheTerrible
    Closed Accounts Posts: 14,949 ✭✭✭✭IvyTheTerrible


    Ronin247 wrote: »
    I would not move. Fight him every inch of the way, if you go looking for a 5 month rental now, you will find it very hard. Who will rent to you, with the potential to rent to students for the whole school year? If you string him past August/September he will probably back off.

    Chances of getting your deposit back are slim to none, so I would think very carefully before paying the last months rent as well!!
    That's really bad advice. If he withholds rent, he's in breach of the lease.


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    #35
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    yeah, can't believe there are still people that advocate not paying the last months rent.

    in relation to the deposit, make sure to take lots of photos before you leave, it will strengthen your case if he tries to make spurious deductions from it.


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    #36
    _Kaiser_
    Registered Users Posts: 28,666 ✭✭✭✭_Kaiser_


    This thread highlights exactly the problem with renting in this country.

    Despite the fact that the OP and his housemates have done nothing wrong, they are being threatened with eviction by this cowboy landlord and indeed threats of his claims being forwarded to their employers.

    While the OP is by all accounts entirely in the right here with the law on his side, the way the thread has moved from "open a case and dispute this" to "get your deposits and go.. it's not worth the hassle down the line" shows just how weak the position legitimate tenants really are in if they get the wrong sort of landlord.
    In this case they will probably now have to forgo their deposits and come up with more cash for a new place (plus the associated moving expenses, utility charges etc) and not be able to provide a reference from their current tenancy - and why? Because their landlord thinks he can make a quick buck by forcing them out for no reason. In the meantime of course the OP and his housemates have to keep paying this guy so they aren't breaching the rules themselves - in effect rewarding the landlord for his behaviour!

    Don't get me wrong, there are of course bad tenants out there too, but the balance of power in most "normal" circumstances is entirely with the landlord - regardless of what the legislation might be.


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    #37
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    _Kaiser_ wrote: »
    the way the thread has moved from "open a case and dispute this" to "get your deposits and go.. it's not worth the hassle down the line" shows just how weak the position legitimate tenants really are in if they get the wrong sort of landlord.

    I and others have suggested both approaches, failing a successful resolution outside of the PRTB, you have the open dispute to fall back on.

    No one wants a protracted case, but the tenants are actually in a very strong position. They can stay put while any case is pending, and should the landlord try anything in the meantime, they can tack it onto the dispute.


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    #38
    _Kaiser_
    Registered Users Posts: 28,666 ✭✭✭✭_Kaiser_


    Michael D Not Higgins wrote: »
    I and others have suggested both approaches, failing a successful resolution outside of the PRTB, you have the open dispute to fall back on.

    No one wants a protracted case, but the tenants are actually in a very strong position. They can stay put while any case is pending, and should the landlord try anything in the meantime, they can tack it onto the dispute.

    Which is all well and good as long as nothing else goes wrong - but if the washing machine dies or something else needs fixing/replacing, I can't imagine this landlord being in too much of a hurry to sort it out.

    Adding it to the list isn't much good when you can't wash your clothes in the meantime.

    I actually DO agree though that taking a case is the correct option but my point is that the reality is often very different for many tenants (and indeed landlords). Besides, have they changed the law as to make PRTB legally enforceable yet? Wasn't there a massive thread here before where a guy took a case and went through the red tape with them only to have the LL ignore it anyway?


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    #39
    Michael D Not Higgins
    Moderators, Society & Culture Moderators Posts: 7,223 Mod ✭✭✭✭Michael D Not Higgins


    _Kaiser_ wrote: »
    Which is all well and good as long as nothing else goes wrong - but if the washing machine dies or something else needs fixing/replacing, I can't imagine this landlord being in too much of a hurry to sort it out.

    Adding it to the list isn't much good when you can't wash your clothes in the meantime.

    I actually DO agree though that taking a case is the correct option but my point is that the reality is often very different for many tenants (and indeed landlords). Besides, have they changed the law as to make PRTB legally enforceable yet? Wasn't there a massive thread here before where a guy took a case and went through the red tape with them only to have the LL ignore it anyway?

    I know it's inconvenient, but you can get the washing machine fixed yourself or go to a laundrette and add it to the dispute. You'd get a multiple of your outlay back in a fine imposed by the PRTB.


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    #40
    GreatDefector
    Registered Users Posts: 540 ✭✭✭GreatDefector


    Michael D Not Higgins wrote: »
    I know it's inconvenient, but you can get the washing machine fixed yourself or go to a laundrette and add it to the dispute. You'd get a multiple of your outlay back in a fine imposed by the PRTB.

    When you get it back....


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    #41
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    _Kaiser_ wrote: »
    Which is all well and good as long as nothing else goes wrong - but if the washing machine dies or something else needs fixing/replacing, I can't imagine this landlord being in too much of a hurry to sort it out.

    Adding it to the list isn't much good when you can't wash your clothes in the meantime.

    I actually DO agree though that taking a case is the correct option but my point is that the reality is often very different for many tenants (and indeed landlords). Besides, have they changed the law as to make PRTB legally enforceable yet? Wasn't there a massive thread here before where a guy took a case and went through the red tape with them only to have the LL ignore it anyway?

    There is also the risk of a cowboy like this prize donkey evicting people illegally and leaving them on the side of the road without access to their possessions, what can be done in such situations? Oh he can't do that and the Gardai will call to the house to get your stuff back(but they can do nothing if the Landlord is a P***k and does not turn up at the same time, he could then just dump everything in the garden on a wet day!) but he just has and the tenants don't have money or anything else to move into another place.

    It is very hard to take a case against a landlord from a homeless hostel!


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    #42
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Withholding rent is illegal and any suggestions to do so are in breach of the forum charter

    Mod


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    #43
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators, Social & Fun Moderators Posts: 22,294 CMod ✭✭✭✭Pawwed Rig


    The OP only needs the place until January. There are only so many broken washing machines that can happen in a short period. The biggest problem for the OP is that he doesn't have part 4 rights. If he can hold off until he gets them then he has little to worry about.


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    #44
    Gasherbraun
    Registered Users Posts: 312 ✭✭Gasherbraun


    _Kaiser_ wrote: »
    Besides, have they changed the law as to make PRTB legally enforceable yet? Wasn't there a massive thread here before where a guy took a case and went through the red tape with them only to have the LL ignore it anyway?

    No change in the law. The findings issued by a PRTB adjudicator needs ratification by the board itself and the Determination Order once issued can still only be enforced by the court.

    Enforcement can be pursued by the PRTB at their discretion although by far the most efficient route is the aggrieved party pursuing enforcement themselves.


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    #45
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    OP did ye make much noise when he had parties and played music till 3am?

    http://touch.boards.ie/thread/2057471881/1/#post96479986


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    #46
    Dr_Bill
    Registered Users Posts: 295 ✭✭Dr_Bill


    I can't for the life of me understand why LL's are entitled to retain deposits the first instance, they should all be held in a deposit protection scheme run by the PRTB, it would certainly help in circumstances like these.


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    #47
    Noo
    Registered Users Posts: 1,986 ✭✭✭Noo


    Dr_Bill wrote:
    I can't for the life of me understand why LL's are entitled to retain deposits the first instance, they should all be held in a deposit protection scheme run by the PRTB, it would certainly help in circumstances like these.


    Exactly. Thats what they do here in australia, deposits are given to the rental authority, landlords never touch or have access to it. Once you move out you apply to have it returned, it'll be returned quickly if the LL hasnt put in a claim for any part of it. If they do claim then theyve to prove to the rental authority what for and the tenant can argue it...all done through the rental authorithy. Works well. Crazy its not done in Ireland.


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    #48
    Taboola
    Closed Accounts Posts: 1,052 ✭✭✭Taboola


    Dr_Bill wrote: »
    I can't for the life of me understand why LL's are entitled to retain deposits the first instance, they should all be held in a deposit protection scheme run by the PRTB, it would certainly help in circumstances like these.

    I agree with you but don't see how this relates to the current issue.

    If you read the link foggy_lad posted you'll see that they were in-fact playing music at 3am and since they all go home at weekends it's safe to assume this happened on weekdays which is bang out of order.


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    #49
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    Taboola wrote: »
    I agree with you but don't see how this relates to the current issue.

    If you read the link foggy_lad posted you'll see that they were in-fact playing music at 3am and since they all go home at weekends it's safe to assume this happened on weekdays which is bang out of order.

    That isn't anti-social behaviour, I have played music all night and no-one else would hear it.


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    #50
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    Lux23 wrote:
    That isn't anti-social behaviour, I have played music all night and no-one else would hear it.


    Obviously these guys had the music on loud enough for someone else to hear it. The OPs silence is deafening. I am convinced it's KittieIRL son.


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    #51
    Flippyfloppy
    Registered Users Posts: 3,748 ✭✭✭Flippyfloppy


    ComfortKid wrote: »
    Obviously these guys had the music on loud enough for someone else to hear it. The OPs silence is deafening. I am convinced it's KittieIRL son.

    In fairness that kittie person could be a troll for all we know.


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    #52
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    ComfortKid wrote: »
    Obviously these guys had the music on loud enough for someone else to hear it. The OPs silence is deafening. I am convinced it's KittieIRL son.

    It still wouldn't allow the landlord to illegally evict these lads.


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    #53
    lostboy75
    Registered Users Posts: 483 ✭✭lostboy75


    ComfortKid wrote: »
    Obviously these guys had the music on loud enough for someone else to hear it. The OPs silence is deafening. I am convinced it's KittieIRL son.

    "Obviously" there is no Obviously, there is only what was said, you cant make assumptions.
    I play music late into the night (same as Lux23) it doesn't mean i am disturbing any one. the OP did also say that there was no complaints made to the management company, and implied that the MC would confirm that in a letter.

    whats the truth here, i haven't a clue, but i am not doing what a large percent of boards users seem to automatically do and assume the OP is lying.


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    #54
    kinanoman
    Registered Users Posts: 42 ✭kinanoman


    Well lads, the last day here has been eventful by the looks of it. Just said I'd clear a few things up.

    First of all, We live on a corner house so we only have 1 neighbor and we have a written statement from them stating that they have never heard a thing or had any problems whatsoever with us. We get on very well with our neighbors.

    Secondly, We also have another written statement from the estate management company stating that there were never any complaints regarding our house.

    And finally, we have never ever had a party in the house. Regarding the staying up until 3am. Yes that happened on one occasion. We were playing music on our phones which cant be heard in the next room nevermind the next house! We have a written statement from our neighbors to prove it. We never made noise that could be heard by anyone other than us.


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    #55
    lulu1
    Registered Users Posts: 1,815 ✭✭✭lulu1


    Kitty states in foggy lads link that it was only her second post.

    yet she had 14 posts


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    #56
    ComfortKid
    Banned (with Prison Access) Posts: 2,169 ✭✭✭ComfortKid


    lulu1 wrote:
    Kitty states in foggy lads link that it was only her second post.


    I am still convinced that the same person composed both threads, even more so after Kitty posted on this one.


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    #57
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Thread locked, pending Mod review.


This discussion has been closed.
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