unfair eviction?

_Chaos

If one tenant is to blame for the problems leading to eviction (by estate management company; not by the landlord), is it legally correct to be in the position to evict all of the tenants living in the accommodation? What sort of rights would the other tenants have in this position?

Procrastastudy

Did you bother your backside to report it / do something about it? If no then I suspect you have very little recourse.

If yes then I'm suprised the Landlord hasn't come to your defence.

For a management company to move to evict people, it must have been pretty major / criminal.

What is the status of your lease are you all legally there?

_Chaos

Yes I did, the landlord has been aware, and is aware of the situation.
There has been previous complaints about a water pump being too loud (which lead to a warning of eviction)...the landlord corrected this, but obviously this was not our fault/doing, so could this be really be considered a fair warning?
During the week he had some friends over and they were on the balcony talking (assuming this is all that happened) but were 'gone buy 10.15pm'. I must stress I cannot be fully sure on what happened, as I was not there, and can only assume the other tenant is telling the truth and not fabricating anything in his favor.

_Chaos

Yes, the lease is up the 25th of April, and we had arranged with the landlord to move out on that date.
We all live there legally, and have signed the lease and agreed to the estate rules and regulations.

Procrastastudy

Jesus I want your management company! If it's worth it to you - you can contact Threshold and the PRTB - however if there's no deposit retention issues and you were leaving in April anyway it's unlikely to be worth it.

Legally - having seen what the PRTB has held up to be "okay" what you describe is not nough to evict. Is it the apartment complex management company or the letting agent that's evicting you? Are these apartments some sort of short stay managed complex?

I know it takes us months to get rid of people, even though we have a fairly good management company - they have procedures involving letters and number of compliants etc.

PS For people who know more about this than me - Can a management company even evict people? I thought they could only tell the Landlord to do it.

_Chaos

sorry, I worded that wrong, the management company ordered the landlord to evict every tenant living in the apartment.
It is by the management company, the letting agent is no longer involved once the lease was signed and all bills were set up.
No, the estate is in a very quiet part of Dublin, mostly the older community and young families, not many teens/twenties. It isn't a popular place for students, so rented for longer periods of time/straight up bought.
You mentioned letters- we have received no paper work whatsoever regarding a warning or anything; all we got was the rules of the estate with certain things hi-lighted on the page, and this was provided by the neighbors; nothing to do with the management company. Thing is- the neighbors are head of the estate committee who reports problems to the management company (as far as I know) and I think they could be pushing it because they have an obvious problem of living next to students.....

not even wrong

_Chaos wrote: »

There has been previous complaints about a water pump being too loud (which lead to a warning of eviction)...the landlord corrected this
...
During the week he had some friends over and they were on the balcony talking (assuming this is all that happened) but were 'gone buy 10.15pm'.

Assuming that these are all the facts of the case, there are no grounds to evict anyone involved.

The management company can force the landlord to evict you for anti-social behaviour but there is a whole formal process involving PRTB proceedings and warning notices. It certainly doesn't happen for "talking on your balcony at 10:15pm".

_Chaos

We did receive one warning as I said, but nothing formal, it was just implied over phone calls with my landlord and brushed off again....
So for them to evict us, we would have had to receive at least one letter of warning?
As I said, I can only presume that this is the truth, so I don't want to stress on that part too much....
Thanks so much for your help!