Landlord causing trouble because we are moving out early

eth0_

I'm renting a flat with a friend that is in a converted house. We have had a LOT of problems with the place, mainly with noise from our upstairs neighbours - the landlord did a really cheap job converting the house into flats and never put down any insulation on the floor upstairs so we can hear every word/footstep/yawn/sex noises as clear as if they were in the same room.

The same neighbours were having loads of parties going on til 7am sometimes, on weeknights. We complained to the landlord and he said he had given them a 'final warning'. A few weeks later they were at it again with a party. We had a knock on our door around 2am and though it was the landlord, as we had left a message complaining about them again. It was our neighbours who barged into our flat, steaming drunk and would not leave until two male friends of ours basically escorted them out. We told the landlord how upset we were about this, he went to the neighbours who said we had invited them in and gave them drinks (!). The landlord believed these guys over us.

To cut a long story short, while the parties have stopped, there is still a major noise issue that can't be avoided until there is insulation put down in the upstairs flat. Myself and my flatmate cannot stand it any longer, we can't live in these conditions where we have zero privacy, so we have found a house that we are moving into at the end of the month.

The landlord was fine when we told him we were leaving.
Then he rings me today (2 days later) and says he has someone to view the flat TODAY. I am in work and my flatmate is away, so I have been given zero notice. I explained this and said I would like to tidy the place before he starts showing it and could he start showing it from Monday please? I got a reply along the lines of, "It's my flat and i'll get a tenant for it if it's messy or not, I don't care that you aren't at home, i'll be showing it today".

I then said ok, well can you please write us a reference and leave it in the flat if you are insisting on showing it today? And he said there was no way he was giving us a reference.

Our lease was for six months and we have been there for four months now. I think we are justified in moving out given the circumstances and tbh he is very lucky we never got the gardai involved regarding our uninvited visitors. We are giving him a months notice and he obviously will have no problems getting a tenant.

Am I right to think he has no right to keep the deposit? The flat has no damage since we moved in and the rent has been paid on time.

The_Conductor

Providing there has been no damage caused to the flat, there is no reason that you should not get your deposit back. If the landlord refuses for one reason or another, you may have to take a case to the PTRB, but given the situation, I don't think it would be contested.

FYI- unfortunately poor insulation between apartments/flats is part of every day living for anyone in an abode built in the last 10 years. I can hear my neighbours conversations clearly, doors opening/closing, etc. Its not unusual. Normally neighbours do show courtesy towards each other though, and do their best to keep noise to a minimum after 10PM and before 7AM.

Sorry to hear of your housing problems, tbh, the lack of a reference from your current landlord should not be an impediment to getting a new lease elsewhere (availability might be an issue at the moment however).

eth0_

I have found a place and we are moving in at the end of this month, and I have a reference from a friend I used to lease a room from.

However, I am extremely p*ssed off that he is ignoring my protestation about him entering the apartment to show it to people giving me ZERO notice. I have expensive stuff there and I am very concerned he isn't giving me one day to tidy up and secure my valuables. I believe it is also against the law for him to do this.

As for the noise, I am not exaggerating, it is literally as if the neighbours were in the same room. Even if we turn our TV up loud we can still hear them. The noise goes on til 1/2am and usually around 4/5am on weekends when they get back from the pub, shouting and playing music.

Trinity

In any lease i have signed, the landlord must give minimum 24 hours notice in writing to come to the property. It says you must accomodate him to view it to potential tenants when you are leaving but i believe the 24 hour notice should still apply.

If you signed a lease try have a quick look when you get home

chasm

IIRC notice to terminate the tenancy would be 28 days( for a tenacy lasting less than 6 months)
The landlord/lady must provide the tenant with reasonable notice before entering a property (usually 48 hours or longer)
If the flat is not damaged and you have given the correct amount of notice you are fully entitled to your deposit back.

Victor

If he enters or attempts to enter without permission, you are within your rights to call the Garda.

eth0_

Victor - i'm afraid to do that, in case he witholds our rent. And if he did that, it would be a civil matter and i'd have to bring it to the PRTB which seem to take a very, very long time to come to court.

He showed up unannounced today with a Chinese lady and her baby. It's scandalous that he would consider letting her rent the flat given the problems we have with noise from the neighbours. He told my flatmate he was coming back this evening with more people. He is also trying to get us to move out four days early (before the weekend) to make it more attractive for a tenant because they will be able to move in on a weekend.

We've quoted the law at him but he does not care. Can't relax in our own home in case he just walks in with someone to view the place!

irlirishkev

OP you don't live in an apartment in Fairview by any chance do you?

I had similar experiences with the landlord of a place I lived in out there. He'd literally just walk into the place without telling you first. You could be up to anything!

I was only there for a few months, but I quickly learned what not to accept from a landlord in future.

eth0_

No, Dunville ave in Ranelagh.
Strangely enough I had a landlord a few years ago who used to just randomly walk into the house whenever he wanted, never once asked permission to enter.

Pity the PRTB is so sh*t, maybe if they were better funded and could turn around a case in under six months, people would complain about their landlords and they would get fined.

Victor

Try talking to www.flac.ie or www.threshold.ie and explain your situation.

Ace2007

Victor wrote:

If he enters or attempts to enter without permission, you are within your rights to call the Garda.

lol

the_syco

eth0_ wrote:

He showed up unannounced today with a Chinese lady

Do you have any male mates who don't mind walking around stark naked? Usually stops the unannounced vists, when a perspecive client see's them

Electric

I may be wrong in this, but I was under the impression that while you were in occupation of the flat the landlord couldn't enter the premises without your permission.

I know that you are moving out but currently you are still living there so legally speaking I don't think that he can barge in and show the apartment without you're agreement