Saw my Apartment on Daft

ShaShaBear

I might be jumping the gun (a lot) but I received an email notification for a flat on the same street I live in (I check them for my boyfriend) and when I clicked on it, I realised it was actually my flat. Only one picture, but it was definitely of my kitchen (right down to the sticker on my fridge). Not really sure what to do, I have a copy of my contract here signed by us both to say I am in a one year contracted lease, I've never missed any rent and all my bills are paid on time, nor have I received complaints from the landlord (except about the amount of forms he had to sign for rent allowance) or been given any notice. What do I need to do here? Is there any way he can legally remove me from the premises with no grounds? And if he attempts it illegally, what's my best course of action? I'm in college full-time and now I'm terrified that there will be viewings in the flat while I'm out!

mikemac

Chill

Same happened to me..twice

Two of my landlords owned multiple properties. One was an estate in Galway and one was flats in Dublin.
Same area so they just use the same photo for every ad. It could be they rent out the place next door and use the same photos for both

They can't enter the place without your permission and notice. Except if it's an emergency like a water pipe leaks or something.

And if they want you out they have to serve you notice.

Call the landlord, I bet it's either a mistake from a clown of a letting agent, not a profession known for high standards. Or one of the landlords other properties

Do reply back to let us know

shadowcomplex

First ask your Landlord to confirm if its actually your apartment or not and if it is tell him he has no right to do this and inform him you will be seeking advice from the www.prtb.ie and www.threshold.ie

ShaShaBear

I do know that this is the only property he owns, rang and got no answer. It made me nervous because, at the end of the day, there could be 40 people in this flat between 9 and 5 on a schoolday, and unless something is moved or taken, I'm never going to know. I guess I'm just very aware that I've nowhere to go if this place goes from under me, so I'm a little worried.

Mongarra

As you say you may be jumping the gun.

The landlord may own another, or more than one, apartment as well as yours but used the photo of yours for illustration. I would definitely question him about it to put your mind at rest or to discover the worst.

If you have a valid lease and he wants you out I would advise you
contact a solicitor straight away.

ShaShaBear

Mongarra wrote: »

As you say you mmay be jumping the gun.

The landlord may own another, or more than one, apartment as well as yours but used the photo of yours for illustration. I would definitely question him about it to put your mind at rest or to discover the worst.

If you have a valid lease and he wants you out I would advise you
contact a solicitor straight away.

As said above, he told me he only owns one premises other than his family home. What lies as suspicious is that the premises is going for 10 euros more per week than what I am paying. My contract is a one year lease from May 26th, and it doesn't state anywhere in it about the amount of notice that can be given within that one year period, which is why I'm worried.

seamus

Could be a fishing expedition on the part of the letting agent, "Oh that apartment is gone, but let me show you this other one I have...."

Just ring him up and say it to him. If you have a one-year lease, then he cannot terminate the lease at all during the year except under the terms of the lease. If there are no terms, he cannot terminate it.

ShaShaBear

seamus wrote: »

Could be a fishing expedition on the part of the letting agent, "Oh that apartment is gone, but let me show you this other one I have...."

Just ring him up and say it to him. If you have a one-year lease, then he cannot terminate the lease at all during the year except under the terms of the lease. If there are no terms, he cannot terminate it.

Precisely what I needed to know, thank you. Was terrified he could hand me a month's notice now and I'd be in serious trouble to try and afford moving.

alanacadia

Hello,
Im a landlord and if you signed a one year lease with me , you would be entitled to all the regulations that cover that lease, this also means that any act under Irish Law would be included even if its not actually printed on your lease.

Your Landlord should not enter your private rented apartment, unless it is for an emergency repair, and you should be there in the apartment if such a thing is being carried out and only if you are unable to be present then your landlord should get your permission to actually enter the apartment by agreement with you .

I have 4 apartments in one block and yes THEY are all the exact same apartments so I would always use the one set of photos when advertising.

So chillax if you have a signed lease you have a binding contract and as long as you don not break any of the terms then you have no worries at all .
If you require any further assurance please feel free to ask any questions ojn Boards
Cheers

ShaShaBear

alanacadia wrote: »

Hello,
Im a landlord and if you signed a one year lease with me , you would be entitled to all the regulations that cover that lease, this also means that any act under Irish Law would be included even if its not actually printed on your lease.

Your Landlord should not enter your private rented apartment, unless it is for an emergency repair, and you should be there in the apartment if such a thing is being carried out and only if you are unable to be present then your landlord should get your permission to actually enter the apartment by agreement with you .

I have 4 apartments in one block and yes THEY are all the exact same apartments so I would always use the one set of photos when advertising.

So chillax if you have a signed lease you have a binding contract and as long as you don not break any of the terms then you have no worries at all .
If you require any further assurance please feel free to ask any questions ojn Boards
Cheers

If he had any other apartments I could see into it, there is one opposite me, but I've actually seen the kitchen and it isn't even close to what mine looks like (nor does my landlord own it). I've left a message asking him what the craic was with the advertisement, I assumed it was just a case of them re-publishing an old advert because he didn't specify to them that it was closed. Only problem with that is that he didn't let to me through an agency, I dealt with him directly.

I like the flat, it's nice, and I definetely have not financially prepared myself for moving, and was just a little worried that if he could boot me out, he could keep my deposit too, which would leave me with no means to rent somewhere else :O

I know I've not broken the lease (even though I have re-arranged the furniture several times because I'm weird like that) and nothing is broken. I was basically just worried about how much he could legally get away with!

jeckle

You could always ring whatever number is on Daft & arrange a viewing. That way you'd know for sure.

johnners2981

can you get rent allowance when you're at college?

ShaShaBear

johnners2981 wrote: »

can you get rent allowance when you're at college?

If you are on rent allowance before you become a registered student, you're allowed to retain it, but you can't apply for it once you've become a student.

Baralis1

ShaShaBear wrote: »

johnners2981 wrote: »

can you get rent allowance when you're at college?

If you are on rent allowance before you become a registered student, you're allowed to retain it, but you can't apply for it once you've become a student.

I lived in apartment and it was up for sale for the whole year while I was there, priced at 2007 prices. The landlord just left it up in the vain hope that someone might be interested even though there are more apartments in the same development going for half the price. I think lots of landlords are doing this. I wouldn't worry about it OP. Your lease garentees your time there and you don't have to allow viewings. If the landlord tresspasses while you are not there, contact the gardai. It's akin to breaking and entering.

Ray Palmer

Baralis1 wrote: »

contact the gardai. It's akin to breaking and entering.

Don't do that as it is not akin to breaking and entering. Yes it is a breach of tenancy laws but not enforced by the police as it is seen as a civil matter which is where it is dealt with.

ShaShaBear

Managed to get it sorted with him in the end, after a bit of a scuff, he said he wasn't making enough money from the rent and thought to see if he could find a tenant who would pay more, and was then going to discuss me moving out. I told him I wasn't going anywhere and he didn't argue the point.

djrichard

OMG! Whata story. I would be furious. This whole time reading this thread, I was thinking you were getting worked up about nothing and he did have other flats for rent using stock photos.

How fantastic it is that you caught him out and were able to receive advice from here to help you out.

Some landlords wonder why they have a bad reputation! Thankfully mine is great.

ShaShaBear

Yeah, he figured if he had someone ready to move in that I could hold the door open on the way out so to speak. I asked him where he thought I could go with my €400 deposit and how long he thought it would take me to find somewhere else to live. He sort of just blubbered like a fish and said something about it not being his fault if I wasn't prepared. Told him I wasn't uprooting myself, I was in a contract, and if he wanted me out he would have to make it worth my while.
So that was the end of it, but sure as shivers I won't be renewing with him next May!

Mister Dread

ShaShaBear wrote: »

Yeah, he figured if he had someone ready to move in that I could hold the door open on the way out so to speak. I asked him where he thought I could go with my €400 deposit and how long he thought it would take me to find somewhere else to live. He sort of just blubbered like a fish and said something about it not being his fault if I wasn't prepared. Told him I wasn't uprooting myself, I was in a contract, and if he wanted me out he would have to make it worth my while.
So that was the end of it, but sure as shivers I won't be renewing with him next May!

You have rights to a part four tenancy so he can't push you out like that in any case for another 3+ years.

ShaShaBear

I don't think I'll be sticking about for that long, the place is nice for the price I pay and the area's quiet, but there are better places on the go (that were conveniently missing when I actually needed to move!).
I've got my eye on him now though.