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Problem neighbours

  • 11-01-2012 5:51pm
    #1
    Closed Accounts Posts: 853 ✭✭✭


    Right I really need some advice because I can't see an end in site to this situation and I am starting to feel physically sick from it.

    On the 25th of August 2011 a car pulled up right across my gate, I was in my car directly behind it and indicating. I got out and asked the driver to move it and she put her hand in my face and said in a minute. Obviously this didn't sit well with me and I made her move it there and then. She hurled foul abuse at me (I did return fire which I admit was uncalled for I shouldn't have called her a slag and I did apologise for that) Anyway she sent her boyfriend up to "sort me" he pushed his way into my house and ripped my shirt, he fell like a sack of potatoes when I hit back, he clearly didn't see that one coming. As a result of this their landlord has been trying to evict them.

    Anyway this was followed closely by their putting stupid notes through my letter box. Claims that I harass them by making "rude hand gestures" through the window and that I "open the window to laugh at her children through it" her "children" are 16 and 19 and that has never happened. The mother (it's a mother her son and daughter with the regular of the mothers boyfriend thrown into the mix both of whom are alcoholics) has hurled abuse at me as I go to and from the house things like "dirty ******" the latest being on Monday evening last when I sat down here in the afternoon (a very rare afternoon off) she started shouting at me to "turn the **** around" and "mind your own ****ing business". I went into another room and sat in there rather than have a problem.

    I discovered before Christmas they were the ones who stole my oil, more than half a tank also before Christmas someone knocked at my door looking for the mother, I said "next door" then shut the door, the result was another stupid note this time stuck to my front door damaging the paintwork. Apparently the taxi woman alleged that I said "the squatters are next door" this never happened. They have a CCTV camera watching me all the time and have told me, in front of the Gardai that they have pictures of me. This evening as I was walking in the daughter 19, started hurling abuse at me I was on the phone at the time with a client, it was all most embarassing.


    Worst of all her boyfriend approached me in the village on Tuesday 3rd and threatened to burn my house down. This meant that after some consideration I felt I had to tell my nearest neighbours because they all have young children and I felt I had to alert them. I can't tell you how that feels.

    So to recap, home broken into, oil stolen, generally abused and most serious of all a threat to my life and the safety of my property. I have been the Garda, and they are about as much use as a chocolate teapot. It's "being investigated" meanwhile I can't sit down in my living room during daylight hours because it upsets them. I would not feel safe to walk to the nearest shop, which is only 2 minutes walk away, after dark.

    I don't know what else to do at this stage, except for work I am a prisoner in my own home. My neighbours no longer call in they just ring me because they don't want her on their case as well and I don't blame them for a moment.

    So aside from sitting on the Garda has anyone any suggestions as to how I can bring this situation to it's natural end because I literally can't take much more of this situation.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    toexpress wrote: »
    Right I really need some advice because I can't see an end in site to this situation and I am starting to feel physically sick from it.

    On the 25th of August 2011 a car pulled up right across my gate, I was in my car directly behind it and indicating. I got out and asked the driver to move it and she put her hand in my face and said in a minute. Obviously this didn't sit well with me and I made her move it there and then. She hurled foul abuse at me (I did return fire which I admit was uncalled for I shouldn't have called her a slag and I did apologise for that) Anyway she sent her boyfriend up to "sort me" he pushed his way into my house and ripped my shirt, he fell like a sack of potatoes when I hit back, he clearly didn't see that one coming. As a result of this their landlord has been trying to evict them.

    Anyway this was followed closely by their putting stupid notes through my letter box. Claims that I harass them by making "rude hand gestures" through the window and that I "open the window to laugh at her children through it" her "children" are 16 and 19 and that has never happened. The mother (it's a mother her son and daughter with the regular of the mothers boyfriend thrown into the mix both of whom are alcoholics) has hurled abuse at me as I go to and from the house things like "dirty ******" the latest being on Monday evening last when I sat down here in the afternoon (a very rare afternoon off) she started shouting at me to "turn the **** around" and "mind your own ****ing business". I went into another room and sat in there rather than have a problem.

    I discovered before Christmas they were the ones who stole my oil, more than half a tank also before Christmas someone knocked at my door looking for the mother, I said "next door" then shut the door, the result was another stupid note this time stuck to my front door damaging the paintwork. Apparently the taxi woman alleged that I said "the squatters are next door" this never happened. They have a CCTV camera watching me all the time and have told me, in front of the Gardai that they have pictures of me. This evening as I was walking in the daughter 19, started hurling abuse at me I was on the phone at the time with a client, it was all most embarassing.


    Worst of all her boyfriend approached me in the village on Tuesday 3rd and threatened to burn my house down. This meant that after some consideration I felt I had to tell my nearest neighbours because they all have young children and I felt I had to alert them. I can't tell you how that feels.

    So to recap, home broken into, oil stolen, generally abused and most serious of all a threat to my life and the safety of my property. I have been the Garda, and they are about as much use as a chocolate teapot. It's "being investigated" meanwhile I can't sit down in my living room during daylight hours because it upsets them. I would not feel safe to walk to the nearest shop, which is only 2 minutes walk away, after dark.

    I don't know what else to do at this stage, except for work I am a prisoner in my own home. My neighbours no longer call in they just ring me because they don't want her on their case as well and I don't blame them for a moment.

    So aside from sitting on the Garda has anyone any suggestions as to how I can bring this situation to it's natural end because I literally can't take much more of this situation.


    My heart goes out to you; if you need to chat, vent etc, pleaase pm us?

    We have had and seen this all too often. Guardians of the Peace seems to mean peace at all costs.

    Keep pestering and also pull rank; look online and find the name etc of the head honcho. Worked for us at one stage. Go right to the top; they have a complaints procedure; see their web site.

    We had a situaion here with an old man up the road re a defunct right of way. Criminal damage, threats etc and the chocolate fireguard was the right term! This went on for over a year and then one day when he had rampaged here, using the drive as his toilet, smashing locks and gates, he threatened to kill the gardai and raised his fists to them. End of aggression.

    Please go and see the Citizen's Info; they will give good advice and they also have free legal help which is needed at this stage. They are experts and this will not be the first time, sadly, that this has happened.

    And take care of yourself?


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    I have pulled rank already with this. The problem is that the Superintendent in our area retired recently (he was an excellent Super and sadly missed by the citizens but the lazy gits in the barracks are delighted to be rid of him) As a member of a government party I am thinking of pulling serious rank at this stage.

    The latest trick is to set off my alarm at 3am. This has happened every night since Monday. When that happens I then have to wait on the monitoring company to ring me.

    End of tether situation here now.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Right this situation has gotten infinitely worse over night. As soon as I turned out the lights and hit the bed last night I could hear them on my drive, I heard the gravel and then their voices to the right of the house, under my bedroom window basically. I called the Garda, little they can do.

    Then at 4.30am my alarm went off again. That's the third time this week. I then had to get up at 6am to be ready for work.

    I spent at least an hour yesterday between speaking to my solicitor and the district Chief Superintendent and yet still here I am after another nights NO sleep

    Has anyone got any suggestions?


  • Registered Users, Registered Users 2 Posts: 1,780 ✭✭✭alie


    toexpress wrote: »
    Right this situation has gotten infinitely worse over night. As soon as I turned out the lights and hit the bed last night I could hear them on my drive, I heard the gravel and then their voices to the right of the house, under my bedroom window basically. I called the Garda, little they can do.

    Then at 4.30am my alarm went off again. That's the third time this week. I then had to get up at 6am to be ready for work.

    I spent at least an hour yesterday between speaking to my solicitor and the district Chief Superintendent and yet still here I am after another nights NO sleep

    Has anyone got any suggestions?
    We have had so much trouble with.our neighbours, and like you found the gaurds useless, we kept a diary of events and contacted the council and EPA. They are now on an eviction notice after 5 years. My nerves were shattered, they were drunk, shouting,fighting, walking in the side alley naked and being generally abusive.


  • Registered Users, Registered Users 2 Posts: 168 ✭✭mercenary2


    well one way is you said they had pics video off you in front of the gaurds ..
    it is illegal for them to monitor any public or neighbouring properties as this is a invasion of privacy ,so mention this to your solicitor leting them know it was said in front of the gaurds and take action against it also the notes put through your door is harrasment so keep these and take action for that also ,with a solicitor involved the gaurds have to take action..and investigate the notes and vide ,pics..also if they on your property u can video of them or take pics once you dont delibratly take video of public or neighbours area..


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  • Closed Accounts Posts: 853 ✭✭✭toexpress


    I've tried that whole invasion of privacy as have some other neighbours, particularly those with children the Garda wont do anything. Their landlord wrote to them telling them to remove the camera as they had no permission to affix it to his property. They have ignored him. The problem seems to be that the bigger the scum bag the higher above the law they actually are


  • Registered Users, Registered Users 2 Posts: 168 ✭✭mercenary2


    then get some night vision cams record em if the gaurds ignore it put it on youtube to show everyone what they like..
    just dont mention names


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    that's a really good idea mercenary thank you!


  • Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    Yeah, at this stage putting some good sensor lights and good cameras looking at your property would be the best move. Vandalism and theft would disappear and violent abusive behaviour would have to be kept at a distance. Keep a log of the guards inaction in regards not upholding laws eg:the camera on their property pointing towards yours. Get your solicitor to find the exact laws and make detailed complaints to the Garda ombudsman. Sadly in life, he who shouts loudest gets it done.


  • Banned (with Prison Access) Posts: 90 ✭✭windingo


    The lights and cameras should act as a deterrent for any future disturbances and you will have the video evidence if they do anything should you want to bring it a step further.


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  • Closed Accounts Posts: 9 Punchy1969


    windingo wrote: »
    If they are renting the house, then you need to take a civil case against the landlord. A solicitor will do this for you as the landlord is responsible for his tenants actions re: noise, disturbances etc. he would eventually be forced to evict them or suffer serious fines/imprisonment at the hands of the court. Hope this helps


  • Registered Users, Registered Users 2 Posts: 442 ✭✭trihead


    I agree with punchy1969 - get your solicitor to send a letter to the landlord who owns the house next door outlining the issues and possible civil case action.


  • Closed Accounts Posts: 13,992 ✭✭✭✭gurramok


    Ok, as suggested get that video evidence(discreet) of any unlawful activity and send it straight to the council or management company(for unsocial behaviour) and the gardai for obvious reasons, all accompanied by a serious solicitors letter. Oh, send it to your local politician as well as a political rep has that power to make a representation on your behalf to officialdom.

    Oh and the neighbours are cowards. Thats a general observation in these cases. If you had the ability to move, the perpetrators would move onto another neighbour. Safety in numbers would help your legal case.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    I have already sent solicitors letters to the Landlord he just ignores them. He is a coward and afraid of his tenant and their cohorts. I think the best I can hope for is that they do something serious and that this comes to a head in that way


  • Closed Accounts Posts: 9 Punchy1969


    toexpress wrote: »
    The solicitor's letters are useless. You need to start court proceedings. You have to take him into court in order for the judge to make an order which he must obey, ie control his tennant. If he does't do this he is then in breach of the court order and can be prosecuted. I can tell you will evict them at that stage. Be strong and go for it otherwise your life will be miserable along with your health.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Right well this situation has gone down hill even more.

    I got a call this afternoon from the local Garda. She wanted to update me and she told me that she had received a complaint from the daughter of the tenant stating that I called her a "sad slut" and that I regularly go to my window to make "rude hand gestures" to her.

    I read the riot act to the Garda and detailed everything that has happened from day one with them. I had a raging row with the Sergeant who is pissed off because I pulled rank on him and went to his Chief Superintendent to speak to him about the ever deteriorating situation.

    I pointed out to the Garda that while this latest incident never happened even if it had it was alleged to have taken place on my property therefore what I say to someone on my property is my business. There is no crime in it. But that such conduct is not my style.

    I really am in bits here over this at this stage


  • Closed Accounts Posts: 9 Punchy1969


    toexpress wrote: »
    Anyone can make a complaint to the Guards. The Guards have to act on it regardless. The Guards act for the law and are not the law. You need all of the dates and times of when they are a nuisance and give this as evidence in court. Allegations from them to the guards mean very little. Have your day in court. Witnesses and evidence will prove your case.


  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    O/p have you thought about getting in a mediator? it is no wonder your neighbours are behaving as they are. You are obviously provoking them.


  • Registered Users, Registered Users 2 Posts: 11,647 ✭✭✭✭El Weirdo


    In my experience, in the vast majority of these neighbour disputes, there is two sides to the story.

    And now you've pissed off Plod by having a blazing row with one of them. Well done.


  • Registered Users, Registered Users 2 Posts: 7,588 ✭✭✭Bluetonic


    toexpress wrote: »
    what I say to someone on my property is my business. There is no crime in it.
    Incorrect.


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  • Closed Accounts Posts: 120 ✭✭Pin_Cushion


    There's some merit in the phrase "no smoke without fire". These people are certainly making a lot of untrue allegations and engaging in a lot of unprovoked aggression if you're to be believed.


  • Closed Accounts Posts: 558 ✭✭✭rcdk1


    Punchy1969 wrote: »
    The solicitor's letters are useless. You need to start court proceedings. You have to take him into court in order for the judge to make an order which he must obey, ie control his tennant. If he does't do this he is then in breach of the court order and can be prosecuted. I can tell you will evict them at that stage. Be strong and go for it otherwise your life will be miserable along with your health.
    You're correct to say that a landlord can be made to enforce his tenant's obligations (see sections 15, 16 & 17 of the Residential Tenancies Act, 2004) but it is the Private Residential Tenancies Board that deals with such matters, not the courts. I'm surprised the OP's solicitor didn't mention/know this.

    Have a look at this document on Third Party Disputes.

    Having said all that, the PRTB are dog slow. If memory serves, it took nearly 3 years to process a deposit dispute a friend of mine was involved in. Perhaps a case involving antisocial behaviour would get more priority.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    The PRTB has jurisdiction between the landlord and the tenant and the landlord can make a complaint to the PRTB about his tenant but I cannot. I can however take a court proceeding against the landlord to enforce him to do something. Landlords, in the case of anti-social behaviour can be held criminally accountable as well. That said I have never heard of it happening, the first I became aware of it was when a friend of mine discovered some of her tenants where running a brothel from her house.

    Having looked at that part about third party disputes I see what you mean but I still think going into court is the way to go myself. This was a course that I had hoped to avoid because the man owns the house and I didn't want to have that sort of situation with an owner of a neighbouring property


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    toexpress wrote: »
    ... Having looked at that part about third party disputes I see what you mean but I still think going into court is the way to go myself. ...
    Please read sections 16 & 17 reproduced in the 3rd party disputes document linked to above.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    mathepac wrote: »
    Please read sections 16 & 17 reproduced in the 3rd party disputes document linked to above.

    Yes but I have already been to the PRTB, albeit with the landlord to give evidence on his behalf in the matter. They ruled against the tenant, tenant then appealed it which gave them a stay of execution that's why I feel that court is the way to go

    (Should possibly have made that clear before now)


  • Registered Users, Registered Users 2 Posts: 38 ieoinu


    toexpress wrote: »
    Right well this situation has gone down hill even more.

    I got a call this afternoon from the local Garda. She wanted to update me and she told me that she had received a complaint from the daughter of the tenant stating that I called her a "sad slut" and that I regularly go to my window to make "rude hand gestures" to her.

    I read the riot act to the Garda and detailed everything that has happened from day one with them. I had a raging row with the Sergeant who is pissed off because I pulled rank on him and went to his Chief Superintendent to speak to him about the ever deteriorating situation.

    I pointed out to the Garda that while this latest incident never happened even if it had it was alleged to have taken place on my property therefore what I say to someone on my property is my business. There is no crime in it. But that such conduct is not my style.

    I really am in bits here over this at this stage


    Having a neighbour like that is hell and my heart goes out to you. But...... With regards to law, there is little or nothing that can be done. There is no need to go 'reading the riot act, 'having a raging row' or 'pulling rank' on the Gardaí as you put it. Where you are obviously frustrated, venting on those you expect to help is counterproductive. Going by your posts you are no shrinking violet yourself and are of strong character so hold back a bit before things escalate and you end up in court yourself.

    The law in relation to neighbourly disputes is tenuous, vague and borders between civil and criminal.

    Loud parties/noise etc is civil; Gardaí try and assist by requesting the parties keep it down but have no powers to enforce.

    Abusive behaviour; Depending on nature but if it happens in a public place it is an offence, however if it is not witnessed by a Garda you would have to give evidence in Court as to the nature of it. (normally what happens here is that you make a statement, then they make a statement with a counter allegation, ye both go to Court and are both bound to the peace as its a case of he said she said. It looks like this is what is going on presently in your case.) Telling the Garda what you say in your house is your business, may be true but it also applies to your neighbours as they have the same rights, undeservedly maybe, but the same rights in the eyes of the law.

    Stolen oil- this is a criminal act and is a matter for the Gardaí. However your suspicion without any real proof will not sustain a prosecution.

    Your neighbour coming into your house- is an offence and a matter for the Gardaí. Forcibly removing a tresspasser/invader of your home especially in the face of an assault would not result in you being prosecuted.

    CCTV- Camera pointed into your property, this is not a criminal offence it is civil. Not a matter for the Gardaí and the 'advice' you got earlier about ombudsman etc enjoy running with that one, and whoever gave you the advice would want to stop spouting rubbish.

    The Garadí can be a frustrated at you as they are confined in their actiosn by teh powers they have. They are familiar with the way these things pan out and invariably it ends with the tenants being moved as their is little tangible criminal evidence against them.

    My advice is to play them at their own game. Record their behaviour, whether a note of comments, cctv, witness and make a record of the date and time. Stop engaging with them, i.e. as you said what you say in your house is your business- say nothing (I have no doubt you've returned fire from you house, it'd be impossible not to) as you are only complicating things. Keep the pressure on the landlord as he is perfectly within his rights to evict for persistent anti-social behaviour. Stop venting on the Gardaí, it is not their fault and short of setting up shop outside your house there is limited actions that they can undertake and none of them have immediate results.

    Your neighbour's sound like a drain on society and everybody knows the likes of them. I hope you get a speedy result to this and remember you are not alone in your situation, even Gardaí can have the same problems and difficulty in sorting them.


  • Closed Accounts Posts: 5,731 ✭✭✭Bullseye1


    I had a similar issue. I got the landlords phone number both house and mobile and rang him every time problems kicked off. If i wasnt getting any sleep neither would he. Eventually he evicted them when they were stupid enough to call down to his own house causing criminal damage. He was up the next morning with a bunch of heavies to throw them out.


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    toexpress wrote: »
    Yes but I have already been to the PRTB, albeit with the landlord to give evidence on his behalf in the matter. They ruled against the tenant, tenant then appealed it which gave them a stay of execution that's why I feel that court is the way to go

    (Should possibly have made that clear before now)


    So you have been writing to the landlord and he never does anything and now it turns out that he served an eviction notice on his tenants and went to the PRTB and got an order. On top of all that you think you can hold him criminally liable? This is after taking to your solicitor and the Chief Superintendant?


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Kosseegan wrote: »
    So you have been writing to the landlord and he never does anything and now it turns out that he served an eviction notice on his tenants and went to the PRTB and got an order. On top of all that you think you can hold him criminally liable? This is after taking to your solicitor and the Chief Superintendant?

    I have been in communication with their Landlord yes, He has gotten an eviction order, but they have appealed it therefore the order is under a stay as it were. And yes, I can have him held criminally accountable for the actions of his tenants, I am not saying I would but I will lodge the complaint so that it goes to his case for getting them out at the tribunal at the very least.

    Aside from that I have had costs here as a result of these people. I do feel he should make some gesture in respect of these costs and as he hasn't done so as yet I can always get some of the money out of him through another means if needs be.


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  • Registered Users, Registered Users 2 Posts: 10,263 ✭✭✭✭Borderfox


    It is a really bad situation but as you have found out the law takes time (a lot) to work and without an impartial witness between two people the ones with the most voices tend to over rule everything else. As said above get your own cctv and document everything that happens, the only way out of this situation is with patience (I know thats hard)

    I have tried to evict a tenant under the antisocial part of the 2004 act and its very hard to do so sometimes the landlord's hands are tied.

    I know its aimed at the UK but you might find some structure here http://www.nfh.org.uk/resources/Articles/hints/index.php


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Well in a positive update I got a phonecall from a woman who works in the local supermarket earlier. She has heard they are moving so with any sort of luck I will shortly be cracking open the Champagne ... YOU'RE ALL INVITED!

    I have just seen some of those comments about provoking them and so on. That has never happened, when I meet these people I walk by as if they don't exist.

    What has upset them is that when I moved in here it was just after my tenants moved out. Things were still very unstable for me at that stage, I was struggling to cope financially with all the commitments that I had to meet after the death of my partner. (It was an accident and while it was some time ago there were large tax bills to be paid on what he left me and fairly shortly thereafter Anglo was wiped out which meant that I lost a huge portion of what he left me and had already paid the taxes. It also took me three years to collect the life insurance policy that came to me in August because of a situation with his ex-wife) Anyway at that stage they had just moved in as well and I was in a similar situation to them in that I didn't have much money and all that. They felt we were on the same level or whatever (how they thought this when I was struggling to start a small new business rather than sitting round taking social welfare and having Joan Burton pay my mortgage I do not know) anyway while I associated to a degree in the early stages after witnessing some behaviour involving alcohol I distanced myself from them. I'm no prude and I love a drink but I don't like people to drink to excess especially when they alternate between sodden drunk and aggressive. They took this as a slight. They then got pissed off because when the insurance claim was paid I spent some improving my house, I bought a new car and took my business on a level. They have made comments about my money, my spending habits etc to other people in the village. Like when my oil was stolen a friend of mine was told that "he can afford it". I am a very reserved quiet person generally and I make every effort to never show emotion in public.

    To say that I have provoked them is a bit much. Did I provoke them to steal my oil? Maybe the fact that I put a Land Rover in the drive was the provocation for this? Maybe I should just let myself sink like them? Is that the answer?

    In regards to "upsetting the plod" the local Gardai know me quite well I have spoken out against them loudly on a number of occasions and it's not the first time I have spoken against the Gardai. I will always say it just as loudly when they do a good job. But I am a member of a political organisation and I speak in the area of justice on a regular basis, I believe strongly in the criminal justice system, I believe that we have one of the best in the world in this country and that when it fails it does so because of the Gardai and their failure to apply the law in the manner in which it was intended. While it may sound like I have a fractious relationship with them this is not the case. Just as often as I have spoken against them I have spoken for them and they got two additional Gardai here most recently because I fought to get them because of the difficulty and pressure that the local Gardai are under to meet the demands raised here. They have a job to do and so do I and while we fight at times we respect the fact that we are both just doing a job.

    Before anyone points it out let me be clear I speak on crime and justice as a layman not as a professional law man or law maker


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    toexpress wrote: »
    I have been in communication with their Landlord yes, He has gotten an eviction order, but they have appealed it therefore the order is under a stay as it were. And yes, I can have him held criminally accountable for the actions of his tenants, I am not saying I would but I will lodge the complaint so that it goes to his case for getting them out at the tribunal at the very least.

    .

    You have absolutely no basis for making the landlord criminally liable. He has done all he can be expected to do within the law. You have made comments elsewhere on this forum about the residential tenancies Act which were wrong and came from a website which just gave global advice. You are basing this entitlement to sue the landlord next door on the basis of a story about a friend. Can you point to any law which says you can prosecute the neighbouring landlord. What common law offence? What statute?


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    You have absolutely no basis for making the landlord criminally liable. He has done all he can be expected to do within the law. You have made comments elsewhere on this forum about the residential tenancies Act which were wrong and came from a website which just gave global advice. You are basing this entitlement to sue the landlord next door on the basis of a story about a friend. Can you point to any law which says you can prosecute the neighbouring landlord. What common law offence? What statute?

    No I am basing that on what the Chief Superintendent has told me actually


  • Banned (with Prison Access) Posts: 112 ✭✭someuser905


    it sounds like your impatience caused all this


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    toexpress wrote: »
    No I am basing that on what the Chief Superintendent has told me actually

    You said earlier that you had never heard of it until a friend of yours had an incident. Did the Chief Superintendent tell you what the charge would be? How come your solicitor didn't tell you?


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  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    toexpress wrote: »
    No I am basing that on what the Chief Superintendent has told me actually

    I am sorry to tell you the Chief Superintendent is wrong. You can not hold the landlord criminally liable for the illegal acts of his tenants.

    Now civil liability might be a different matter. But the fact that he has taken legal action to PIAB and secured an eviction order, which has been appealed, I really can not see a court awarding any damages against him, as he has done all within his power to fix the issue. Unless you can prove he knew the tenants would act in the manner they have.

    Glad to hear that the matter may now be resolved.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    toexpress wrote: »

    I have just seen some of those comments about provoking them and so on. That has never happened, when I meet these people I walk by as if they don't exist.

    You don't think the fact that you are an arrogant know-all who boasts about connections in high places and material possessions has anything to do with it?


  • Registered Users, Registered Users 2 Posts: 78 ✭✭deiselack


    hi all, I also have problems with neighbours. I moved back to live with my parents a while ago due to the economic situation. It's a terraced house.

    Anyway it all started over a year ago, with a new tenant (in his 40's), loud music all hours of the morning, slamming doors constantly, drinking and raised voices arguing. Last week someone was banging on his front door trying to kick it in and threw something through the front window and was threatening to firebomb him out of the house. There is still a huge hole in the front window. Just last night 3 teenage girls and a teenage boy entered the house with a crate of budweiser, so loud music and arguing, door slamming ensued again. Just before I rang the guards a paddy wagon and unmarked car came along and knocked on his door, he wouldn't open it so they shouted at him from outside to turn the music down. He did.

    The problem we have is that the person (who used to obviously be our neighbour) who owns the home is in a nursing home and it's his daughter who is renting out the house, with her husband. We don't know her address and conviently she is ex-directory. This is the fourth tenant in as many years that my parents have had this kind of trouble with.

    We've been in touch with a garda liason officer. Rang the garai anytime there has been noise or disturbances. Other neighbours have also rang the gardai. We write down an account of all instances of disturbances. There is also a young woman with a toddler living on the other side of this troublesome neighbour, I dread to think what could happen there.

    I've even been on the PRTB website to check if they're registed and the address is not registered, so I've sent in a form with the landlords (the daughters name) and the estate she lives in (we only know the name of the estate, not the number of her house) to see if the PRTB will get in contact with her, as we weren't ready for the legal route.

    We've been to the citizens advice centre and the gardai. It's got to the stage now we're going to go to a solictor. Before we do this, is there anything further we can do? The tenant is the problem but the landlord doesn't give a feck at all, is just interested in getting the money. As far as I'm aware the tenant doesn't work, he does nixers and could also be receipt of rent allowance..does this make a difference? I know there is something about anti social behavour with neighbours and you can contact the City Council but my parents own the house. My parents and I are at our wits end..can anyone offer advice?


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    You don't think the fact that you are an arrogant know-all who boasts about connections in high places and material possessions has anything to do with it?

    LOL I would have to have some material possessions to boast about. Furthermore I would have to talk to these people to boast about material possessions to them. Clearly, as I am asking for advice I accept fully that I do not know all. And as to my connections in high places, anyone can pick up the phone to their District Chief Superintendent, the fact that I know him in my capacity as a member of a political organisation doesn't mean he will treat me better than he does anyone else and I can safely say if he did I would make sure that it was the last time that he did.

    I'm pretty sure there are rules about insulting other posters in the forum charter. I haven't been offensive to you in any way and I would appreciate that if you have nothing to offer that might help the situation and just intend to be rude and offensive that you find someone else to bother, I have enough problems


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    toexpress wrote: »
    I have been in communication with their Landlord yes, He has gotten an eviction order, but they have appealed it therefore the order is under a stay as it were. And yes, I can have him held criminally accountable for the actions of his tenants, I am not saying I would but I will lodge the complaint so that it goes to his case for getting them out at the tribunal at the very least.

    Aside from that I have had costs here as a result of these people. I do feel he should make some gesture in respect of these costs and as he hasn't done so as yet I can always get some of the money out of him through another means if needs be.

    In fairness o/p your posts are contradictory and some of your stories are far fetched. I don't believe some of them. No Chief Superintendant told you anything of the kind you are claiming. You claimed your neighbour did not deal with your complaints but you later claim that he moved to evict your tenants after an incident on 25th August 2011 and actually got a hearing date in the PRTB and got a direction to evict before now. Doesn't happen. The waiting list in the PRTB is a lot longer and it is almost impossible to evict on the basis of anti-social behaviour.
    It is not necessary to communicate with people to boast. You claim to have a Land Rover. that is a material possession. You seem proud of the fact of having it. Getting out of your land rover with a smug smirk and ignoring your neighbour has probably encouraged their behaviour.
    Your alleged treatment of a guard who contacted you to let you know of a complaint was despicable.


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  • Registered Users, Registered Users 2 Posts: 477 ✭✭plasteritup


    i know a guy who can make all your problems go away for a reasonable fee.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Kosseegan wrote: »
    In fairness o/p your posts are contradictory and some of your stories are far fetched. I don't believe some of them. No Chief Superintendant told you anything of the kind you are claiming. You claimed your neighbour did not deal with your complaints but you later claim that he moved to evict your tenants after an incident on 25th August 2011 and actually got a hearing date in the PRTB and got a direction to evict before now. Doesn't happen. The waiting list in the PRTB is a lot longer and it is almost impossible to evict on the basis of anti-social behaviour.
    It is not necessary to communicate with people to boast. You claim to have a Land Rover. that is a material possession. You seem proud of the fact of having it. Getting out of your land rover with a smug smirk and ignoring your neighbour has probably encouraged their behaviour.
    Your alleged treatment of a guard who contacted you to let you know of a complaint was despicable.

    Where to start with this. Right were you privy to the conversations I had with the Chief Superintendent? No, you weren't so you don't know what he told me. Now maybe I misunderstood him, maybe he misunderstood some of my questions whatever I accept that of course I could be mistaken in my interpretation of the information that I got but to call me a liar without knowing word one about me is just a bit much.

    Secondly, the waiting list for the PRTB is quite long. I attended a hearing at the end of October, it was escalated because of the seriousness of the situation. If you want to ring the PRTB they will verify that this happens. I do not accept that the landlord should have gone near the PRTB he had a copy of the complaint lodged with the Gardai over the initial issues which was supported by witness statements that I collected. In light of that, and the anti-social caveats in the Tenancies Act '04 he could evict them on 7 days notice and that is what he should have done, then this situation wouldn't have become so serious where my life and my home are under threat!

    Now as to my giving smug smirks as I step out of my Land Rover more utter nonsense and abuse. I bought that for the purposes of my business because I needed something like that and for no other reason. I have no pride in having it, it was paid for with the insurance money that came after the death of my partner and I would as happily be on shanks mare rather than have it if it would bring him back. What would you have me do? Hop out of the car and chat with them after they broke into my home, stole my heating oil and threatened to set my house afire.

    You make a lot of assumptions and sweeping allegations with no basis in reality and whatever your motivations are I don't know but launching a personal attack on me is a bit much at the end of the day. I am not the subject of your ire so I would take your issues up with whoever is the subject of your ire.


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    toexpress wrote: »
    Where to start with this. Right were you privy to the conversations I had with the Chief Superintendent? No, you weren't so you don't know what he told me. Now maybe I misunderstood him, maybe he misunderstood some of my questions whatever I accept that of course I could be mistaken in my interpretation of the information that I got but to call me a liar without knowing word one about me is just a bit much.

    Secondly, the waiting list for the PRTB is quite long. I attended a hearing at the end of October, it was escalated because of the seriousness of the situation. If you want to ring the PRTB they will verify that this happens. I do not accept that the landlord should have gone near the PRTB he had a copy of the complaint lodged with the Gardai over the initial issues which was supported by witness statements that I collected. In light of that, and the anti-social caveats in the Tenancies Act '04 he could evict them on 7 days notice and that is what he should have done, then this situation wouldn't have become so serious where my life and my home are under threat!

    Now as to my giving smug smirks as I step out of my Land Rover more utter nonsense and abuse. I bought that for the purposes of my business because I needed something like that and for no other reason. I have no pride in having it, it was paid for with the insurance money that came after the death of my partner and I would as happily be on shanks mare rather than have it if it would bring him back. What would you have me do? Hop out of the car and chat with them after they broke into my home, stole my heating oil and threatened to set my house afire.

    You make a lot of assumptions and sweeping allegations with no basis in reality and whatever your motivations are I don't know but launching a personal attack on me is a bit much at the end of the day. I am not the subject of your ire so I would take your issues up with whoever is the subject of your ire.

    You could start by not making up any more lies. The landlord had not choice but to go to the PRTB. He can give 7 days notice and if the tenant overholds he can go to the PRTB. There was no other option. What else do you say the landlord should have done? There is no other way of lawfully terminating the tenancy. You know very little about the law as regards residential tenants and yet you claim to have been incontact with a solicitor and a senior garda. You were challenged to state the offence the landlord would be charged with. You have not answered. Your story has far too many holes in it. I don't need to have heard conversations you allegedly had. Unless the Chief superintendent was on drugs nothing like that would have been said.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Kosseegan wrote: »
    You could start by not making up any more lies. The landlord had not choice but to go to the PRTB. He can give 7 days notice and if the tenant overholds he can go to the PRTB. There was no other option. What else do you say the landlord should have done? There is no other way of lawfully terminating the tenancy. You know very little about the law as regards residential tenants and yet you claim to have been incontact with a solicitor and a senior garda. You were challenged to state the offence the landlord would be charged with. You have not answered. Your story has far too many holes in it. I don't need to have heard conversations you allegedly had. Unless the Chief superintendent was on drugs nothing like that would have been said.

    OK fair enough then you carry on you know it all. End of conversation there anyway!


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    toexpress wrote: »
    OK fair enough then you carry on you know it all. End of conversation there anyway!
    Many people have the same problem as you, and most would read your thread as it has a "happy ending", but not stating how you did stops them from getting rid of their own problem neighbours.

    As for the PTRB; most LL's know that unless they follow due procedure, they can be sued thousands for illegal eviction, so even though it takes a long time, they go through the due process.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    the_syco wrote: »
    Many people have the same problem as you, and most would read your thread as it has a "happy ending", but not stating how you did stops them from getting rid of their own problem neighbours.

    As for the PTRB; most LL's know that unless they follow due procedure, they can be sued thousands for illegal eviction, so even though it takes a long time, they go through the due process.

    Well they haven't gone yet so it's not a happy ending ... just yet. But to be fair since the Friday they have been ignoring me just as much as I have been ignoring me, I would go so far as to say they have been perfect neighbours wouldn't even know they were there. If I could be assured that would continue I wouldn't care if they moved or not

    Being fined or whatever with the PRTB is fine and well but at the end of the day the tenant has to file the complaint and pay for it. Sometimes this happens but it has been my experience they don't bother thereafter to follow up


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    It costs a tenant €25 to make a complaint. Many do. The PRTB website has hundreds of cases of tenants pursuing complaints. Do you seriously expect your next door neighbour to illegally evict his tenants? Do you seriously believe that he is guilty of a criminal offence if he does not. The mind boggles.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    I know this is really small of me but it was like a small victory and it made me laugh. I got a phonecall from a letting agent that I use asking me was everything OK she seemed to think I had let my house to this problem neighbour (she made a mistake with the numbers) but anyway seems your woman is looking for a new house.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    right that crowd have tried to break in here twice this evening alone and the second time they frightened the living daylights out of me. Started kicking at the door. The Gardai can't do a thing according to themselves I am sitting here now petrified at this stage despite the Garda assurance that nothing will happen and they wont do a thing (apparently I need to get this into my head)

    I know they are going soon but even still they do something and the heart is put across me so how much more does it take?


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    I came home from work this evening, glue in the lock. €115 to a locksmith anyone got any ideas on this?


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