landlord issue

breakoself

hi guys
a friend of mine is renting a house and tonight her landlord arrived in the door at aprox 10.30 pm no knock or anything straight in... drunk or on drugs not quite sure which, with a taxi man outside looking for 50 euro for the cab fair which he did not have taxi man called the guards they came and took him away as he did not live there.. my question is - is she covered under tenancy law and in what way.. he kept on saying it is his house. that is true but she has a written contract stating the fact she is renting it from him and is afraid he will terminate the lease

any help would be much appreciated

Procrastastudy

LOL - I suspect same landlord will be round soonish with a groveling appoligy if he has any sense. Have a look at the PRTB website for more info. If he turns up again film it and call the gardai.

Peregrinus

As landlord he has committed to giving her "quiet possession" of the house. In general he cannot come in without her permission.

aN.Droid

breakoself wrote: »

hi guys
a friend of mine is renting a house and tonight her landlord arrived in the door at aprox 10.30 pm no knock or anything straight in... drunk or on drugs not quite sure which, with a taxi man outside looking for 50 euro for the cab fair which he did not have taxi man called the guards they came and took him away as he did not live there.. my question is - is she covered under tenancy law and in what way.. he kept on saying it is his house. that is true but she has a written contract stating the fact she is renting it from him and is afraid he will terminate the lease

any help would be much appreciated

A landlord may not enter the abode without permission from the tenants. What I would be doing now is finding elsewhere to live as that is not on at all.

If she wanted too she could have the guard charge him with trespassing as far as I know.

breakoself

Limericks wrote: »

A landlord may not enter the abode without permission from the tenants. What I would be doing now is finding elsewhere to live as that is not on at all.

If she wanted too she could have the guard charge him with trespassing as far as I know.

thanks guys..
apologies all rolling today alright...
so bottom line is he should not and can not enter the house without due notice and without disruption...
might advise her to chat with a solicitor so...

Procrastastudy

No need there is theshold which is free for tenants.

I'd give the guy a break to be honest looks like he just got pissed and screwed up.

breakoself

GCDLawstudent wrote: »

No need there is theshold which is free for tenants.

I'd give the guy a break to be honest looks like he just got pissed and screwed up.

yes maybe let it slide seems mortified and sorry....
only thing is he went upstairs and woke the 2y old when he fell up he stairs... he knew full well there was a kid there too cause i told him not to go up stairs to which he replyed its his house he go up if he wants.... she just worried it happen again... prob find a new house for her so..

Procrastastudy

Seems sensible if you get any problems with breaking the lease contact threshold.

In all honesty though I know this was very traumatic etc but the guy has appoligised and I'd personally I'd say "look I'm taking €20 out of the next rent and putting a chain on the door. If you come round again like that I'll not answer the door and I'll call the gardai." I'd say you'll never have another bother with the guy again. Moving will be a load of hassle and you've no idea about the next landlord - but you and your friend are in a much better position to judge than I.

Coga

breakoself wrote: »

hi guys
a friend of mine is renting a house and tonight her landlord arrived in the door at aprox 10.30 pm no knock or anything straight in... drunk or on drugs not quite sure which, with a taxi man outside looking for 50 euro for the cab fair which he did not have taxi man called the guards they came and took him away as he did not live there.. my question is - is she covered under tenancy law and in what way.. he kept on saying it is his house. that is true but she has a written contract stating the fact she is renting it from him and is afraid he will terminate the lease

any help would be much appreciated

Breakoself,

As a tenant your friend is entitled to peaceful and exclusive occupation of the property, pursuant to section 12 (a) of the Residential Tenancies Act 2004. The landlord has breached his obligations by entering the property without prior consent of the tenant and without prior notification.


In respect of the landlord terminating the lease agreement (which constitutes a legally binding document), he may only do so if (a) a break clause is stipulated in the contract or (b) if the tenant is in breach of his/her obligations.


As suggested by GCDLawsutdent, It would be important for your friend to contact the Gardai if such a situation arises again. If your friend is considering to vacate the property, it is important to bear in mind that a lease agreement is in place and may only be terminated by a tenant in certain situations.

I stress that the above is not and does not constitute legal advice, a mere interpretation of the legislation

odds_on

GCDLawstudent wrote: »

No need there is theshold which is free for tenants.

I'd give the guy a break to be honest looks like he just got pissed and screwed up.

I would put it in writing (keep a copy) to the landlord that he was in breach of his obligations and the law under section 12 1(a) by entering the property on such a date without permission.

If you let it lie and he enters again on another date there is reason to make a claim for damages with the PRTB for distress, disturbance, inconvenience, worry etc

A tenant should always put in writing any breaches or other problems and issues. You never know what may happen six months down the line.