Quick query here (for someone else):
Two friends of mine (couple) are renting an apartment in Dublin. The landlady has been sending random maintenance guys around to the house to fix things without warning and giving them the key. This has included plumbers, electricians, estate agents and a maintenance guy who seems to just appear at random.
Anyway, on a recent call the maintenance guy opened the door and let himself in while one of the tenants was at home on her own. She was in the bathroom and had no idea he was in the apartment and when she came out she saw a strange man in her home and basically started screaming, throwing things at him and called 999.
Anyway she's now moved out and won't move back in again until she gets a guarantee the locks are being changed and the landlord is basically saying she's been totally unreasonable and 'frightened' the workman.
Is this legal? It seems crazy to enter a property without prior arrangement.
No way is it acceptable.
The tenant is entitled to quiet and peaceful enjoyment of the property. The LL can't do this.
Some would say have a quiet word in her ear, I would say send her a recorded delivery letter requesting she stop this practice, to make proper arrangements in the future.
If it still happens, bring a case with the RTB
They've had a quiet word with the landlady and got a rant about how it was her house and she can do as she pleases. It was all about how much effort she had put into the decor and how she wasn't going to have somebody wrecking her pride and joy.
She seems to be an accidental landlord and has no idea that she can't just continue to treat it as her home.
Thats totally and utterly illegal and LL would face a big fine for this. I'd go with the recorded letter immedeatly.
The response that they got was basically a call from the landlady asking my mate "does your girlfriend suffer with her nerves or something?".
Anyway, I'll suggest they push it a little more firmly and point out the landlord's obligations to make proper arrangements and see how it pans out.
In that case I'd skip straight to the RTB complaint. Its not a tenants job to educate the landlord about the law.
What happened with them using the phone?
Depending on the breach of obligations, it's normally informal notice first, then official notice, then RTB mediation/ adjucication. Especially if you want a stronger case to bring.
Send the landlord an email linking this:
You do not have the right to:
Enter your tenant's home without permission
To keep a friendly relationship with the landlord, as she is attentive, agree that they appreciate the work but entering the house without permission, regardless of the amount of notice given, is a big no no
If there less than six months point out politely in writing that you need adequate notice of works and have no problem with accommodating same.
I wouldn't be going rushing to the RTB and I'd lay out all instances in writing asking for an acknowledgement from LL. Phone calls a waste of time and if she has an attitude of "my house I can do what I want" yet wants to charge the market rent that a landlord who abides by the rules I wouldn't hesitate to assert your rights provided you have part 4 rights.
The landlord should be sent a letter asking her not do to it again. There is no point in going to the RTB without proper documentation. Saying there were people calling when there is no written complaint afterwards leaves everything open to being dismissed for want of evidence.
Speaking of phones, that's one of the most annoying parts. They've a standard VoIP phone which is their landline and they found it had had a load of calls made on it to mobile numbers while they were away for a few days. So someone had obviously been in the apartment ringing various work men from her desk!
When confronted with this the landlady then responded with - "why do you have a fancy office phone anyway?? You are not meant to be working from there without my permission"
They're actually contemplating just moving out as it's been a total nightmare.
Document everything, RTB immediately. Landlady doesn't understand the law in the slightest.
Eh, she's not meant to be in there without their permission. But that point appears to be lost on her.
Send the landlord a registered letter, outlining her responsibilities. But soften it with acknowledgement of the effort she invests and reaffirm your desire to have a co-operative relationship. Make a suggestion that you will accommodate requests with 24-48 hrs notice, unless there is a genuine exception. This message will demonstrate your intention to be cooperative.
If she continues, then straight to PRTB.