Illegal Eviction

Kelly O'Malley

Advice please?I've been renting a house for the past six months.There is no lease and I pay the rent directly ,early more often than not, into the LL's bank account.I have received no written Notice to Quit but in the past 2 months he has:Removed the front gates from the property smashing,in the process,my expensive padlock that was on them:turned the water off at the mains(I bought a key and turned it back on again):removed the kitchen window:demolished the garden shed and had a bonfire with approx 2k's worth of my possessions that were in there:changed the lock on the only entrance door:removed a second window from the front of the house:and there's 4k missing from it's hiding place in a dvd case in my bedroom(disappeared the same day as the 2nd window went)
I've tried to get a solicitor but they all seem to be too busy so I've not even been able to get an appointment.I'm thinking of taking him to court myself.Does anyone know the procedure for doing this?
I have stopped paying rent now,as of March,as there was a deposit of 1 month's rent when I took the place rent is now overdue by about a week if you take the deposit into account.

Mezcita

Em....... it sounds like the owner does not want you to live there anymore.

Move out. Sign a lease next time.

Victor

You really do need a solicitor. Its off that you say they are all too busy. Not paying rent doesn't help.

Suggestion: Move out, it doesn't sound like you or your property are safe.

Kelly O'Malley

I'm not staying there at the moment,it's a rural property and I'm on my own,it's not safe to but actually moving out is impossible as I can't open the door!He's now put the gates back on and locked them so I can't get the car near the house and lifting my stuff out through the kitchen window(the stuff that would fit through the window that is)and dropping it 5' to the ground below...then lifting it over the gates...I'm not Wonder Woman!Not having a lease works FOR the tenant.There are still the same laws to protect both parties but without the peculiarities that the individual LL sometimes puts into a lease.

Cantab.

Kelly O'Malley wrote: »

I'm not staying there at the moment,it's a rural property and I'm on my own,it's not safe to but actually moving out is impossible as I can't open the door!He's now put the gates back on and locked them so I can't get the car near the house and lifting my stuff out through the kitchen window(the stuff that would fit through the window that is)and dropping it 5' to the ground below...then lifting it over the gates...I'm not Wonder Woman!Not having a lease works FOR the tenant.There are still the same laws to protect both parties but without the peculiarities that the individual LL sometimes puts into a lease.

Sounds like it's the Gardai you need to call.

Afuera

Kelly O'Malley wrote: »

Not having a lease works FOR the tenant.There are still the same laws to protect both parties but without the peculiarities that the individual LL sometimes puts into a lease.

This is incorrect. If you don´t have a lease, in the first 6 months of your tenancy, you can be given notice to leave the property without any reason
required. After 6 months, there are certain reasons that the landlord can use to break the tenancy (selling the property, renovating, changing the use of the property, etc.).

Were you served with a termination notice by the landlord or did they simply turn up and start breaking the place apart without any prior warning?

The missing sum of money, is theft plain and simple, so you should contact the guards about that.

Phaetonman

You are very luck Kelley.

Get onto teh Gardai and make a statement. Get onto the PTRB as well.

You are looking at a minimum of 5K compensation for your trouble and it could be a lot more. The PTRB love hammering landlords for this sort of behaviour.

piraka

Contact Threshold for advice.

http://www.threshold.ie/

snellers

apologies if I am wrong here but are you messing about on this forum? (there seems to be an increasing number newly registered people wasting peoples time on various forums I read....and in spite of your 19 or so posts you only joined today hence my question and suspicions)

4k in a DVD box? burning 2k of posessions? water off? removal of windows? and no communication whatsoever from the LL to you as to why this is happening? even the worst LL out there operating outside of the law at least tell tennants to leave...or else!

if you don;t think at the very least that burning your posessions...etc doesn;t constitute criminal activity then you are extremely, extremely naive....which I very much doubt.....were 'unusual activities' happening at the residence hence why you are not contacting the gardai and may explain a little as to the strange actions of the LL? (not that I am saying it was right)

if you are genuine I apologise for the above but I think there is more to this than meets the eye.....or you are simply making it up

Kelly O'Malley

I called the gards and they didn't want to know.They said it was a civil matter and that they'd 'log the call'.
I'm not saying the ll doesn't have the right to have me out of his property but there are ways of doing it and this is not the way!

I've only just got access to a computer-first time in a few years - and having been feeling pretty scared and isolated for a while it's nice to have access to people again.

Having few close friends and less within reasonable distance and no living family I'm a very easy target for bullies.

Kelly O'Malley

PS Back to the original question,does anyone know where I go to lodge a civil suit against this guy?

Miss Fluff

Kelly O'Malley wrote: »

demolished the garden shed and had a bonfire with approx 2k's worth of my possessions that were in there:changed the lock on the only entrance door:removed a second window from the front of the house:and there's 4k missing from it's hiding place in a dvd case in my bedroom(disappeared the same day as the 2nd window went)

When you reported this to the police immediately(:rolleyes:) what did they have to say about it?

Phaetonman

Kelly O'Malley wrote: »

PS Back to the original question,does anyone know where I go to lodge a civil suit against this guy?

I just told you.

http://www.prtb.ie/

Read a few of the determination orders here.
http://www.prtb.ie/tribunal2007.htm

Kelly O'Malley

Phaetonman wrote: »

I just told you.



Sorry Phaetonman but have you ever dealt with the PRTB?
I'd prefer to sort this out this year which is why I'm asking how to get this guy into Civil Court!

dudara

The PRTB is the legal avenue for such cases.

Additionally, the theft of €4,000 IS a criminal matter and is something that the Gardaí should deal with.

Kelly O'Malley

Miss Fluff wrote: »

When you reported this to the police immediately(:rolleyes:) what did they have to say about it?

As I said before they told me it was a civil matter and nothing to do with them

Kelly O'Malley

criminal damage is a matter for the guards too but...they still didn't want to know

MysticalSoul

How long has the landlord's behaviour been off? Did you take note of who you spoke to when you rang the guards? Have you asked the landlord what is going on? I think you need a Solicitor based on what you have said on the forum here. Can I ask where in the country (ie as in county) are you based? If you prefer not to say, fair enough. Does the landlord live in the property too, as in is it owner occupier, or does he live elsewhere? If owner occupier, it will be harder to pursue the legal challenges, apart from the destroyed property etc

Miss Fluff

Kelly O'Malley wrote: »

As I said before they told me it was a civil matter and nothing to do with them

Something just doesn't add up here OP. The theft of €4k in cash and criminal damage of goods worth €2k is without doubt a criminal matter. So you're saying the guards told you this is a civil case? Where do you live, Toytown? Did you give a statement to the Guards? How soon after the events did you report both incidents?

Kelly O'Malley

The LL lives elsewhere.The gards turned up as the LL was breaking in.They spoke to him,he went away.They told me that as it was his property he could do as he pleased.You're telling me it doesn't add up!I insisted on laying charges but got nowhere with them!THEY DID NOT WANT TO KNOW!!!
This all started at the beginning of March,but after the gards and the gates thing all was quiet for about 3 weeks.Then it started again,escalating to ridiculous levels.

Miss Fluff

Kelly O'Malley wrote: »

I've tried to get a solicitor but they all seem to be too busy

Kelly O'Malley wrote: »

I called the gards and they didn't want to know.

I suggest you contact another solicitor's firm then and report the incident to another station......

Kelly O'Malley

I'm going to have to push the gards,I suspect the trouble I'm having with them is down to one of them in particular,and before anyone asks I don't have any criminal convictions or an arrest record or any of the obvious things that make the constabulary leery of a person!I'm a tiny (6 1/2 stone) little old lady(well over 50 anyway)who drives a 1 litre car with a top speed of 50mph and always wears a seatbelt etc etc.I seldom wear make up but I'm always tidily and conventionally dressed.The worst that could be said of my appearance is Boring!I never swear in public though a stubbed toe in the privacy of my own home(when I had such a thing!)and I'll turn the air blue!

snellers

this isn;t a banana republic where the police are a law unto themselves....they have a duty of care to you the taxpayer. If you are who you say you are then irrespective of the 'trouble with one of them' they have no choice but to respond as the law demands....that is of course unless the 'problem' is something to do with falsifying stories about the landlord stealing money from you maybe? I'm not sure what all the info about you being a good citizen with a 1 litre car has to do with anything.

as far as legal issues go my understanding is that we can't discuss here on forums...but suffice to say speak to another garda station to REPORT THE CRIME...and if they won't listen then call another station, then get a good solicitor. I have no idea what other information you need.

BigglesMcGee

I smell something fishy here.
Never heard of the police refusing to investigate breaking and entry with theft of €4k.

Or of solicitors refusing to take on a client unless there was somethng up with the client.

Kelly O'Malley

If you had read my post Biggles you would have seen that I have NOT been refused as a client by any law firms,the problem has been that they have been too busy to give me an appointment.This is rural Ireland not Dublin and the streets are not littered with solicitors.

Lucky you.You have never encountered a constabulary who can't be bothered.Long may your ignorant bliss continue.

I described myself Snellers because if I were a stranger as you are reading this thread I would wonder if the OP fitted a stereotype not beloved by the 'establishment' - a strung out greasy doper prostitute with more tattoos than skin perhaps - which might explain the situation.

I have the information I came here to acquire - thank you to the providers of it.:)

And thank you so much the others for the sympathy and support shown at this very frightening time.:(

BigglesMcGee

Kelly O'Malley wrote: »

If you had read my post Biggles you would have seen that I have NOT been refused as a client by any law firms,the problem has been that they have been too busy to give me an appointment.This is rural Ireland not Dublin and the streets are not littered with solicitors.

Lucky you.You have never encountered a constabulary who can't be bothered.Long may your ignorant bliss continue.

Yes i'm very familliar with rural Ireland too, believe it or nor and a numerous solicitors being 'Too busy' amounts to a refusal to accept the case.

The gardai refusal to investigate several serious crimes is in itself a crime.

I'm sorry, i just dont see it.

SimpleSam06

The first thing I would do is make a log of all of the events. It might take a little time, but write down days, dates, times, and the exact order in which events occurred. Receipts of your missing goods, recipts of payments made to the landlord, and records of phone calls and any contacts with the landlord would be vital as well. Take a digital camera and get as many shots of the damage as you can. If the local gardai are refusing to help you in a matter of criminal theft, you can report it to the garda ombudsman. Bring your records to a solicitor, Threshold, and the PRTB. They may be slow but they will probably eventually get it done.

Kelly O'Malley

Too busy is refusing,guess you're right there,but having no more info than my name I can't see how they can be 'refusing' because I or the case is 'dodgy'

Thanks again to the helpful posters.:D:D

If it's all the same to you Biggles I'll wait for the courts and the PRTB to decide the merits of my case.

I resent being attacked here,I'm in a fragile state at this time and I'm scared.I don't need this sort of attitude coming at me.:(

I came asking for advice and I got it.:D

I didn't come looking for a 'Trial by Forum':(

esmeralda

Have to agree with the posters who say there must be a vital piece of information missing, and it may not seem as obvious to you as it would be to the forum.

Is the landlord a close relation perhaps, or even your ex husband/partner?

Kelly O'Malley

Never met the man before renting the house.
There's all the details of the tenancy missing from my posts.
As I said I came here for advice not a trial!
There isn't a personal ax to grind here but even if there was what difference does it make?
An illegal eviction is occurring.Nasty and bullying tactics are in use against someone(me)in a very vulnerable situation.
Sorry to pique your curiosity this way but you'll just have to wait till it's over.
Then you can read all about it in the Sunday papers.

The_Conductor

In the absence of further information, I believe this thread has served its purpose.

S.