Landlord Problem

20valveBZR

Ok me and my girlfriend have been living in a flat for 5 months now. A few days ago we had a problem.

I bought a new car, and there is real scum leaving around our area when they seen my car they (7-9 of them) decieded in broad day light they wanted to steal my car. I caught them and told them leave it alone, of course there were a lot of them so now they are all hard men! They ignore me keep at my car and cant get it open (good alarm:) )

Anyway they got pissed and threatned my girlfriends life and broke into the apartment complex and started throwing things (big steel door locks) at our window.

Then having been threatened we packet up and left.

I rang the landlord told him everything requested a deposit back and now he is been an asshole.

I know we are required for giving 30 days notice, but he is also required to provide us with a rent book, Repair and maintain the interior of the property and ive a feeling he is not registerd.

This all happend Wed 22nd rent is paid in ful till 5th of May.

Can i get a deposit back?:mad:

Ian Beale

20valveBZR wrote: »

I rang the landlord told him everything requested a deposit back and now he is been an asshole.

To be fair it isn't his fault and what exactly could he do? Why didn't you call the Gardaí? Taken from another poster on another thread,

www.threshold.ie

Duration of Tenancy Notice by Landlord

* Less than 6 months 28 days
* 6 or more months but less than 1 year 35 days
* 1 year or more but less than 2 years 42 days
* 2 years or more but less than 3 years 56 days
* 3 years or more but less than 4 years 84 days
* 4 or more years 112 days

You said it yourself you know you had to give 30 days notice.

20valveBZR

Here are things the landlord has not done.

Register the tenancy with the PRTB
Provide your tenant with a rent book or statement of rent paid
Repair and maintain the interior of the property to the standard it was in at the start of the tenancy
And im sure he has not been paying taxes

20valveBZR

Ian Beale wrote: »

To be fair it isn't his fault and what exactly could he do? Why didn't you call the Gardaí? Taken from another poster on another thread,

www.threshold.ie

Duration of Tenancy Notice by Landlord

* Less than 6 months 28 days
* 6 or more months but less than 1 year 35 days
* 1 year or more but less than 2 years 42 days
* 2 years or more but less than 3 years 56 days
* 3 years or more but less than 4 years 84 days
* 4 or more years 112 days

You said it yourself you know you had to give 30 days notice.

I know its not his fault but at the same time he is tellin me what he seen in a camera 60 feet up the road and i have to be wrong seeing it from 5 feet away. I was intimidated into not ringing the guards

bobcar61

Call the Gardai and get onto the management company of the apartment complex.

m@cc@

20valveBZR wrote: »

Repair and maintain the interior of the property to the standard it was in at the start of the tenancy
And im sure he has not been paying taxes

What happened drastically to the interior in 5 months? Also I wouldn't mention the tax thing unless you have substantial proof as it will only weaken your case. It's not relevant to your problem.

KadMunky

contact the gaurds and file a complaint. You may decide not to press charges (thats fine) but it will be on record. Also you can mention to the gaurds that you wish to move out from the area for safety reasons-not unreasonable.You then contact the landlord and give him yer notice. Just because he hasn't been doing anything right doesn't mean you can disobey the rules as well, two wrongs don't make a right. If you can, move back in until the 5th of may and put in a written notice which you want to leave and date it. I'm not saying the landlord will start playing ball but it makes things easier if you decided to take the matter forward-remember you filed a complaint to guards, submitted written notice. everything is done by the book. if this is too much work then forget about it. In a my area a fella upset a local gang of hard men. He was beaten to a pulp, his girlfriend was also assualted and beaten. soemtimes you just have to take the bad and be thankful its not worst. ****ty advice I know but the guy and girl has never been the same since, and I'm glad it wasn't me-callous as that sounds.

20valveBZR

bobcar61 wrote: »

Call the Gardai and get onto the management company of the apartment complex.

The land lord is telling me they didnt get into the building, he says he seen it in the security camera bout 60 feet up the road, and i had to be seen things from 5 feet away from it!

m@cc@ wrote: »

What happened drastically to the interior in 5 months? Also I wouldn't mention the tax thing unless you have substantial proof as it will only weaken your case. It's not relevant to your problem.

He was to fix a few little things in the place, he said he would and it would be done a few days after we moved in, had me sitting around all day on 2 occasions waiting for 'someone' to come along.

The guy was actually really nice and now he is been a smug prick thinking im over reacting, anyone from limerick or who watches the news recently knows you dont **** with this gang!

KadMunky

If it was me I wouldn't pursue it because it is a lot of hassle. If ya think about it the landlord is shooting himself in the foot. If the gang broke into yer house and threatened you and whatnot, even though there is surveillance and security, well then its not a place i want to live. If someone can walk in in broad daylight and rob my car knowing that there is security footage happening, well then i don't want to live there.
My advice is move out, forget about the deposit and let people know what happened and the landlords reaction. You don't have to name the gang (that should keep them off yer back), just be careful that yer not making libellous claims about the landlord. you are simply recounting an experience in a named location. People will shy away from that block. Landlord will pay in long run and you get to keep yer kneecaps

Merch

20valveBZR wrote: »

The land lord is telling me they didnt get into the building, he says he seen it in the security camera bout 60 feet up the road, and i had to be seen things from 5 feet away from it!

He was to fix a few little things in the place, he said he would and it would be done a few days after we moved in, had me sitting around all day on 2 occasions waiting for 'someone' to come along.

The guy was actually really nice and now he is been a smug prick thinking im over reacting, anyone from limerick or who watches the news recently knows you dont **** with this gang!

He doesnt sound like a complete asshole and it isn't his fault someone tried to rob your car, as said above call the management company and Gardai,not that this will go anywhere but at least there is a record.
Maybe you are better out but you still have to give a months notice. I've heard so many people complain about landlords but then hear about quite a few tenants that simply want to move and dont give the required notice, how would you feel if he told you to leave without notice?
You said a few little things and were to be sorted, what were they? while that can be annoying, more the waiting around, it doesn't give you grounds to move without giving notice, perhaps the guy to do the job let him down??
Also while I dont agree with the idea that you cannot have something nice in this country, if you put something on display you have to think it might draw the undesireable attention, while that is not your fault, neither is it your landlords.
It is also not a good idea to challenge people to the extent that you might be killed for it, how is that worth it? I'd say call the Gardai 999
To bring up other stuff afterwards re rent book (while I dont agree with things being out of order) it seems a bit like an excuse to me after 5 months, you should have sorted that stuff in the begining before handing over money.

Is there any other reasons why you want to leave?

Merch

I never answered your question, looking at it objectively

You are not entitled to demand your deposit back, you owe him 28 days rent from the day you give notice. You are not even allowed to offset that 28 days from the deposit but pay it and then recover the deposit, unless you can agree that with him.

(put it in writing and get both parties to sign a copy) if not send a reg post letter stating your intention to give notice.

It really is best for both parties to stay on best terms and perhaps you can come to some compromise?? you may come out the better of it financially.

athtrasna

If you think the tenancy wasn't registered check the list on the PRTB website and if it's not there email enforcement@prtb.ie

who_ru

in ireland tenants are treated as an irritant at best by landlords, they will never be able to bring themselves to view them as anything else. meanwhile on the continent you are viewed & respected as a living breathing human being. we are light years behind in our attitudes here, we like to think that as a result of the credit/housing bubble (it was never a boom) that we are sophisticated, we are anything but.

sambuka41

Maybe try come from this angle,your rights as a tenant state that:

• You are entitled to quiet and exclusive enjoyment of your home

http://www.citizensinformation.ie/categories/housing/renting-a-home/tenants_rights_and_obligations

Clearly you are not getting that. But you may need to ask yourself if its worth the hassel? Maybe just chalk it up to experience and be glad its not worse! No one got hurt;)

Merch

sambuka41 wrote: »

You are entitled to quiet and exclusive enjoyment of your home

I'm quite sure that means you are entitled as a tenant to quiet and exclusive enjoyment of the property you are renting from the landlord, ie not being pestered unreasonable by him/her or not turning up unannounced or letting themselves in.
The landlord has nothing to do with any disruption this guy has experienced and cannot be held accountable because someone tried to steal his car?
I sympathise with the OPs situation but it clearly is not his landlords fault and if he wants to leave because of it why should the landlord be penalised for it??
I heard of a similar situation where the tenant was leaving before the lease was up and could not understand why they had to give a months notice, wanted their deposit back in full, people would be up in arms if it was the other way around and someone was told oi yer out now.
I am looking at this objectively and it seems neither party is the cause of this but the OP is saying his landlord is a smug prick as he wants to up sticks.
He admits he should be giving a months (28days)
Its why in some places I lived didnt go the route of getting a nice car I wanted.
I'd be glad nothing worse came of it and try work a compromise with the landlord. Surely the Op would have needed a Garda report to claim for any damage done on the attempted robbery?? Unless??

Agent J

The entire debate ends at the point the OP reveals that the landlord isnt registered with the PRTB.

Landlord is at risk here. Tell him you want the deposit back or you file a complaint to the PRTB and possibly a fine of a few thousand euro...

Then do it anyway.

Merch

Agent J wrote: »

The entire debate ends at the point the OP reveals that the landlord isnt registered with the PRTB.

Landlord is at risk here. Tell him you want the deposit back or you file a complaint to the PRTB and possibly a fine of a few thousand euro....

I didnt read that the OP was that certain the tenancy has not been registered for sure with the PRTB but he is faulting the landlord for something he did not do.
The landlord did not try to steal his car
did not tell him to take these people on
by the sounds of this area I wouldn't have bought a new car (and not in these times anyway) but thats all another story.
I think he is faulting this guy as he isnt getting his own way
He wants it both ways, faults the landlord for potentially not complying but then wants to circumvent the rules himself, he might find he doesnt have a leg to stand on himself.

Agent J

Its in the OPs 2nd post that the landlord didnt register with the PRTB.

Doesnt matter. Landlord hasnt got a leg to stand on legally. Without registration the landlord cannot make any complaint to the PRTB but the tenant is free to do so.

The first thing the PRTB ask when anyone complains to them is the registration number. If they dont have that and you are a tenant then they get very interested in all details on the landlord. I think they are also allowed to trade information with revenue as well....

Its been 5 months, the landlord had 1 month from the start of tenacy to register.

In order to change the culture of cute hoor landlords thinking they can get away with ignoring the rules then the ones who dont play ball should be reported, fined and jailed if need be.

thebouldwhacker

hey, just being devils advocate here but isnt the deposit paid because of such events? ie when the tenent decides to leave?

It isnt up to your landlord to stop scumbags from stealing your car or making threats. I really do feel sorry for you but that is your job, to do that you gotta make a complaint to the cops about the scum (perhaps not a real option).

While the landlord must provide a standard as mentioned above your employer has to provide you with a safe work place, if this happened during work hours would you sue them for constructive dismissal?

Its wrong that scum have this power but until society stands up and takes on such problems this is what will happen.
A few years ago I lived in an area which I thought was 'alright'. I helped out a neighbour one night and he was really grateful, i thought 'cool out, i'm in with the locals'.

I was gone within 6 months... outside of other things the kid of that very neighbour broke into and tried to nick my car and a few weeks later he himself nicked my paid up wheelie bin..... scum are scum and always will be scum.

I moved out and was always glad I did
(turned since the neighbour got his house smashed up by the DS, and is still empty, his wife left him and he is doing 10-15yrs)

Aint karma a bitch
:D:D:D:D:D

20valveBZR

As i said guys neither of us are in the wrong or right, i know we need to give notice and as i said i know the landlord has been doing things wrong aswell and that its not his job to stop scum in the area. i didnt say he is not registered but i will definatly be checking if he is as by law he was supposed to do certain things he didnt and i know by law im supposed to give notice.

As i said he is a nice guy and i hope we comprimise but i call him a prick because when i met up with him to explain things to him he tried to convince me otherwise as he claims to have seen the incident better through a camera lens 60 feet away than i did from mere yards away!

I am meeting him tonight and i will let u guys know what happens thanks for all the comments and help!

Merch

20valveBZR wrote: »

As i said guys neither of us are in the wrong or right, i know we need to give notice and as i said i know the landlord has been doing things wrong aswell and that its not his job to stop scum in the area. i didnt say he is not registered but i will definatly be checking if he is as by law he was supposed to do certain things he didnt and i know by law im supposed to give notice.

As i said he is a nice guy and i hope we comprimise but i call him a prick because when i met up with him to explain things to him he tried to convince me otherwise as he claims to have seen the incident better through a camera lens 60 feet away than i did from mere yards away!

I am meeting him tonight and i will let u guys know what happens thanks for all the comments and help!

In my opinion you seem to think he isnt too bad,
I cant understand why he might try to say nothing happened re the camera 60 feet away,
But I wouldnt be of the inclination to screw him if he isnt registered just as you've had some bad luck with the scum, it looks like you cant live there and like you say you will speak to him

20valveBZR

Well i got a new place today and i cut a deal that if he gets someone in there before our rent is up (May 7th) he will give us back our deposit.

@Merch: my opinion is he is trying to say they didnt break into the building (we were with the building manager at the time) because if other residents find out they got they will not stay there as i said these are guys u dont wanna mess with.

But the matter is closed hopefully someone will take my old place and ill get the deposit!

cozie00

Hey Guys,
I hope one of you might be able to help with a lease termination dispute.

We left our apartment a month ago after having sent a letter a month previous stating our intention to leave.
She is saying she never received the letter which is unlikely given various circumstances and is saying we owe her till the end of the lease.

She is not registered with the PRTB and is threatening to take us to court.

Does anyone know the impact of not being registered with the PRTB and what effect this has in court?

She is also most likely a first time buyer who was given frist time buyers grant and this will be clawed back if brought to court.

Any help would be much appreciated.

Xiney

You could call what you perceive to be a bluff on her part I suppose.

In any case sending her a letter or not you are liable for the rent to the end of a fixed term lease. Why did you move out?

gurramok

Yeh, call her bluff as you have that huge ace up your sleeve. She will be hammered with outstanding taxes and fines for not been PRTB regged and breaking those ftb regulations.

cozie00

We moved out because 2 of the people lost their jobs and we couldnt afford it.
She was notified of this and said she'd get back to us to decide on a solution. We never heard from her, so we sent the letter.

So is it definitely illegal not to be registered with the prtb?
Will that help me if it gets to court?

Thanks again guys

The_Conductor

cozie00 wrote: »

We moved out because 2 of the people lost their jobs and we couldnt afford it.
She was notified of this and said she'd get back to us to decide on a solution. We never heard from her, so we sent the letter.

So is it definitely illegal not to be registered with the prtb?
Will that help me if it gets to court?

Thanks again guys

The fact that the tenancy is unregistered with the PRTB is an automatic fine for the landlord. It has no bearing whatsover on what is a civil case to enforce the terms of a lease by the landlord. It may be indicative of possible tax compliance issues on the part of the landlord- but you can't assume that either. The right course of action would be to pursue the case via the PRTB. A lease is a totally seperate matter though- and is a legally enforceable contract between you and the landlord.

catussa

Hey guys
I just moved because I had endless problems with our carpark in D3. The thiefs could just get in like that (allthough it was supposed to be secure, because there was a security guard..hahaha) and always tried to steal our bikes (ignition was broken, bikes luckily still there). I told the landlord several times. He spoke to the management company, which were supposed to install a security hutch/cameras , but never did. Now, do I have to pay for that? That my landlord cannot stand up to the management company? the 2 week deadline was overdue 4 weeks, when I said to the landlord that I want to move out. He went totally mad, shouting at me for 20 minutes, that I cannot break a lease etc. I sent him a leetter of notice (registered post) and have the communication re: security issues and managemetn company in written (email). He eventually calmed down and said it is fine, however, when we moved out yesterday, he pointed out that he doesn't have to give us a penny (his lawyer told him that), but he is so kind to give us hte deposit minus readvertising costs (premium add 70 EUR daft) and a broken coffee table that he had to replace, which seemed fine to me. However, my question is if he is right, that he is not supposed to give me anything? I gave 4 weeks of notice and got advice from citizensinformation, that I could claim back my deposit through the PRTB, given that I give 4 weeks of notice and that I gave him time to rectify things (which was in the end the management company's fault)? And that he would have to go to Court to get the oustanding amount from the lease...Slightly confused...I am happy that I got the money off him, but I wonder if he is right in saying that.

The_Conductor

The problem with the Management Company is an issue out of the hands of the Landlord.

With respect of the deposit- it is solely to pay for damage over and above normal wear and tear in the property. Nothing more nothing less.

With respect of giving notice- once you have signed a lease- the lease supercedes the periods of notice as specified in the 2006 Residential Tenancies Act. Those periods of notice are only valid for Part 4 Tenancies (which if you have a lease, you do not have a Part 4 tenancy).

Legally the landlord could hold you accountable for the entirety of the rent due to the end of the lease (but would have to allow you to sublet the property- or in the absence of a subletting- pay for any vacant periods- or the difference between what a new tenant would be willing to pay, and that specified in your original lease.

Strictly speaking he/she is not allowed to deduct the cost of readvertising the property from your deposit- but the broken coffee table is fair game.

To be honest- I'd be happy enough to take the money I had gotten and run. Check out the security situation in your next accommodation a little better. If you see someone emptying their bin or whatever- I'd suggest asking them what they think. They are likely to be a tenant there too- and more likely to be honest with you than a prospective landlord (though in all fairness- this is because the landlord may not live there themselves and may not be aware of all going's on in the complex).

catussa

Yeah Smccarrick, I know that I was lucky in the end, I could have ended up with nothing at all, but I just wondered if he is right, it is always good to know your rights, above all when you negotiate or debate with a landlord about how much you should get...Our landlord wanted to deduct other things, but we explained him that he cannot do so and he gave in...

Oh and about the new place: we lived there before and know that is very secure, I refused to move to a new place, just because I was affraid that I would make the same experience again, so the option was moving back to the old place (quiet expensive, but very nice and secure) or into an appartment block where friends live (also quiet expensive but secure). Our old appartment is already occupied, but the landlord pointed out that he only could get 850 - we paid 995...and said he would love to make us liable for the outstanding amount of rent...