Advice please

omck80

I have been renting a house for the past 3 years earlier in the week my landlord gave me my notice to leave because he want's to put rent up. Today he arrived with estate agent to look at house to put back on market. He told me that he was shocked because there was scuff marks on the white walls and he will keep my deposit because he will have to paint over them. Should he not have to paint before new tenants move in anyway ? Speaking to my neighbour she said he did the same with the previous tenants too. What can I do here ? Also after he left he arrived back 10 mins later and tried to let himself back in without knocking and asked me for my spare key and told me to sort place out ? Any advice please

ProudDUB

Sounds like a terrible bully who thinks that he can do whatever he wants as his tenants do not know their rights.

What kind of lease do you have? Fixed term, part 4? That makes a big difference to the rights that you have as a tenant.

How much is he raising the rent by? Would you be willing to stay on and pay it?

The landlord can only enter the property with your permission and with adequate advance notice given. Tell him that if he does it again you will calls the Guards as he is trespassing in your home. He may own the house, but your lease gives you an entitlement to enjoy the privacy of your home.

A land lord can only retain a deposit to compensate him for unpaid rent, or repairs/redecorating expenses that are over and above what is considered to be normal wear and tear. If there were holes in the walls that would be excessive wear and tear. Scuff marks on white walls after 3 years, that need repainting, would be considered normal. He can not use your money to pay for a normal expense of being a landlord.

Stand up to him and tell him you are filing a claim against him with the PRTB and that he is looking at very large fines for unlawful entry, with holding your deposit and unlawful eviction. That may put manners on him.

I'd also contact the estate agent and let them know that you are aware of your rights in this matter, and that you intend to see that they are enforced. If he/she has an ounce of professional business sense, they may talk their client into doing things by the book, as opposed to the bull in a china shop bully boy routine. They will probably have training in the legalities of tenant/landlord relationships. Odds are they already know damm well that he can't just turn up on your doorstep and toss you out. They are just keeping quiet about it as he is paying their bills, not you.

omck80

He told me the letting agent would be calling today on Wednesday but never said he would be. I had a 12 month lease which he never renewed after my first year. I have 3 daughters too. I'm not willing to pay extra rent it's too much. He has lost his job so he's looking for more money. He has just arrived back a third time and told me he'll be back and forth over next few wks to be out and that he gave my spare key to letting agent so to leave my key outside when he calls or leave the side gate and back door unlocked. There is no damage to property apart from the scuff marks and one on the bathroom blind which I said I will replace. I've spoken to my neighbour who said he is a mean b****** who did the same to the last tenant. I have gotten his carpets cleaned which he was suppose to do when I moved in and serviced the boiler and never sent him any bills. I hardly think he should keep a €1200 desposit for some marks on wall. I do feel he is bullying me and am feeling very intimidated now.

djimi

A) You are on a part 4 tenancy, which means that there are only very specific reasons which he can use to ask you to leave (if he needs the house for himself/a family member for example). He cannot just ask you to leave because he feels like it.

If he were to meet any of those reasons to ask you to leave then you are entitled to 84 days notice (3 months give or take).

C) He is entitled to review the rent once a year, but it cannot be more than the "market value" of the property (ie what other similar rentals are going for in your area).

D) If he, or anyone representing him, wants access to the property then they must give you appropriate notice (no less than 24 hours), and only at a time which is suitable for you.

E) If the landlord wants to deduct anything from your deposit then he must provide full reciepts for all work carried out. He cannot deduct anything for any work which he carries out himself. He cannot deduct anything for what would be considered to be normal wear and tear to the property.

Tell this clown to back off and learn your rights and his obligations before he approaches you again. Inform him that if he tries to let himself into the property without your permission you will call the Gardai and report him for trespassing. If he continues to harass you, attempt to carry out an illegal eviction or continutes to attempt to gain unlawful entry to the property inform him that you will be taking a case against him with the PRTB. They do not take kindly to landlords acting in this manner and he will end up paying you a tidy sum if the find in your favour.

omck80

I don't understand what this part 4 tenancy is ? He has just text me to say he will be here and 10.15 in the morning text has just come through now. That's not 24 hrs notice. I am really freaked out and scared now. I have never had this before in all my years renting. Also he told me on Tuesday which was the 5th that my notice was until the end of the month the 30th thats only 25 days.

sweeney1971

Many years ago I was in the same situation, by the Landlord saying I had damaged the property (gate fell off) due to it not being put on right in the first place. He said he was going to keep my deposit. He wanted me out to sell the property. So, I did not pay my rent for three months and walked away. Too much money to take me to Court.

trishasaffron

I don't know all the ins and outs but I too am leaving a property after 3 years with great trepidation as the landlord is NOT nice. So far he has surprised me in being reasonable but he still wants access on 24 hours notice.

After 3 years "fair wear and tear" is likely to be substantial and I wouldn't entertain any objections about scuff marks - they are fair wear and tear. You have to stand up to him or get someone to do it on your behalf. Tough I know.

omck80

sweeney1971 wrote: »

Many years ago I was in the same situation, by the Landlord saying I had damaged the property (gate fell off) due to it not being put on right in the first place. He said he was going to keep my deposit. He wanted me out to sell the property. So, I did not pay my rent for three months and walked away. Too much money to take me to Court.

I don't have 3 months only 22 days now with 3 children. I've emailed threshold waiting for a reply now. He asked me when I'm going to start moving my stuff as I have started to pack. Im afraid he's want me out when to calls to dump my stuff outside and keep my key he wants me to leave for him to get in.

yellowtrout

Scuff marks are considered fair wear and tear, everyone knows that.
Don't let him bully you like this-get some advice from Citizen's Advice or PRTB

edellc

Do not give him your keys, do not let him turf you out on your ear he has no right to do this at all.

a part 4 tenancy agreement is explained here
Part 4 tenancies
Under Part 4 of the Residential Tenancies Act 2004, if you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire security of tenure in 4-year cycles. Any tenancy, therefore, that has lasted more than 6 months is a 'Part 4 tenancy' or a 'further Part 4 tenancy'. After 4 years of your tenancy has passed, a new tenancy starts. The same 4-year cycle can begin again, leading to a further Part 4 tenancy.

When you have acquired a Part 4 tenancy your landlord can terminate your tenancy only in certain circumstances. Read more about if your landlord wants you to leave here. If you want to leave during your Part 4 tenancy and you do not have a fixed-term agreement, you do not have to give a reason but you must give the correct period of notice in writing as required under the Act. (See 'Rules' below).

Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease (for example of 1 year) and you wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed–term tenancy or lease agreement. You can use this sample letter of notification to remain in the property under Part 4.

If you do not notify your landlord you cannot be refused coverage under Part 4 but you may have to compensate the landlord for any financial loss she/he has incurred because you did not notify him/her of your intention to remain in the tenancy.

Claiming a Part 4 tenancy during a periodic tenancy
If you are in a periodic tenancy (renting without a lease or a contract) you also have automatic security of tenure under Part 4 of the Residential Tenancies Act 2004 but you don’t have to notify your landlord of your intention to remain in the property for up to 4 years.

and here is the link
http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

doubleglaze

Pity Primetime Investigate aren't around any more - they'd have loved this chap!

He is a disgraceful bully.

Lantus

I cant add to the excellant technical info posted allready but just wanted to say that mentioning in a meek voice once any of the above wont send this chap packing.

What you have is as much a war of wills as it is correct facts and law on your side.

Dont be surpised to repeat yourself as many times as you have breath on any of the key points again and again until he gets the message. They will play stupid, dum, try to fob you off, and as they are allready doing, bully you into quick submission to get what they want.

Stand firm and do your very best to act in as disspassionate manner as possible. It's important to stay as focused as possible and stick to the facts. The aim of the game is to let the other party get flustered and wound up and take control and advantage of that by being as focused and precise as possible. Dont get sidetracked or led to admit anything. Stick to the facts and the law.

This is an exercise in confidence and projecting your will and believing you are right and will suceed (which you will because you are.)

Report all transgressions to the PRTB and stay firm.

aN.Droid

Op, what I would do is tell the Landlord of your intention to stay in the house indefinitely as long as your part 4 rights allow you too. Then send him a letter to this same effect.

If he tries to bully you out let him know that the prtb will be taking a case against him. If he turfs you out of the house illegally then you will have a good case against him for damages. Awards of up to 20,000 euro are not uncommon.

He is bullying you so I do not see why you should just lay down and leave. Protect your home and your rights!

Graces7

Limericks wrote: »

Op, what I would do is tell the Landlord of your intention to stay in the house indefinitely as long as your part 4 rights allow you too. Then send him a letter to this same effect.

If he tries to bully you out let him know that the prtb will be taking a case against him. If he turfs you out of the house illegally then you will have a good case against him for damages. Awards of up to 20,000 euro are not uncommon.

He is bullying you so I do not see why you should just lay down and leave. Protect your home and your rights!

Amen to this. NB is the tenancy registered with PTRB? Also, best to phone Threshold as they can take a while to reply to emails.
Sadly they have wide experience of this kind of thing.

Can you actively stop them coming in? Bolt from the inside and say and mean that if they attempt in you will call the Gardai, and do so?

Appalling situation indeed.

Marcusm

1. I am a landlord, the person you're renting from is a tw4t.

2. Irish law gives a tenant more security/peace of mind to tenants than other countries. Most landlords know this but try to ignore it. Many estate or etchings agents have no dea about tenants rights.

3. Once you've been there 6 months, he can't just ask you to leave. If he's trying to let it, the only basis on which he can force you out is if you've refused to pay a higher rent ONLY if that higher rent is justifiable by the rent he could get from a new tenant.

4. If the rent has to increase beyond what you'll willingly pay, he has to give you 84 days notice. He can't force you to accept shorter notice.

5. He cannot require you to allow viewings of the property except for him or his agent to inspect for damage. If you don't want people viewing, write a letter to the agent informing them and putting them on notice that they shouldn't trespass. Openly copy the letter to your local Garda barracks if you wish.

6. You and he will have different views; he as the upper hand as he holds the deposit. pRTB could be helpful in getting it back but you woud need photos etc. it would also take time.

omck80

Thank you all so much for your advice. On the phone last night he said he'll will come and go as he pleases as it is his property. When asked for paint to paint the walls he said not to be obsurd. He text me this morning to ask me to leave side gate open he needs access to back garden and to give me back my key. I bought a news paper last night and took photos with the date and the walls in case he tries to come in when I'm not here.
Also after being in the house the 1st time with letting agent when he arrived back he walked into my 13 year old daughters bedroom without knocking on her door knowing she was up in her bedroom.
The mark on blind in the bathroom is mould from dampness in the house and he is trying to blame that on me too. I will contact the PRTB first thing on Monday morning.
Thank you all again.

djimi

I hope you have flat refused every one of his demands and pointed out to him all of the information that you have been given in this thread? Next time he calls with such requests laugh at him and hang up the phone. Do not entertain any of his bully tactics.

Set out in writing all of the things that he has been doing with the appropriate part of the tenancy act that he has broken and send it to him; keep a copy for yourself and one for the Gardai.

Also call the Gardai and inform them that he let himself into your house uninvited and walked into your 13 year old daughters room knowing she was in there. Inform them of everything else that he has said to you. Take no **** from them about it being a civil matter or whatever; he is now posing a serious threat to not only you but to your young daughter and he needs to be dealt with.

omck80

He arrived with two people to look at outside of house to paint. I had my boyfriend here with me so he spoke to him as I was shaking when he arrived. He said to say sorry to me. He said he will be back a few more times today with other painters to get different quotes. I'm going to go out and bolt the doors. I am going to contact garda so a note of my call will be in the station if he tries anything else. Again thanks to everyone for the advice. My boyfriend told him about the part 4 tenancy but he never said anything.

Graces7

omck80 wrote: »

He arrived with two people to look at outside of house to paint. I had my boyfriend here with me so he spoke to him as I was shaking when he arrived. He said to say sorry to me. He said he will be back a few more times today with other painters to get different quotes. I'm going to go out and bolt the doors. I am going to contact garda so a note of my call will be in the station if he tries anything else. Again thanks to everyone for the advice. My boyfriend told him about the part 4 tenancy but he never said anything.

Sigh... when he sees that you know what you are talking about he backs down...Thank God for this forum.

Yes bolt the doors and call the Guards. Invading a young girl's room is a serious matter. Is she OK?

Our first landlord in Ireland.. used to walk his fields pas the low kitchen window every day just to peer in. When we bolted the gates to stop him getting in the house when we were out, he wrote that "It is my property and I can come on it any time I like without giving a reason. " When I relayed that to Threhsold, the cry went up "OH NO HE CAN'T" Ernerged the tenancy was not registered so PRTB said they would "pursue him with a warrant.."

We left soon after anyways. he simply climbed the gates and tried to evict my pet ewe from a walled area he had said we could use.

omck80

Yes she is fine, I think she is made of tougher stuff than me My neighbours are going to keep watch while I'm out to see if he tries to let himself in while I'm not here. He won't be able to because I have the only key to the bolt lock. Yes thank God for boards you have all given me such good advice.

djimi

omck80 wrote: »

He said he will be back a few more times today with other painters to get different quotes.

I hope he knows that he will be footing the bill for the painting as it his responsibility to take care of any wear and tear maintenance?

Also, make sure you take pictures of every inch of the house before he does any work to it. You need evidence to show the state of the place as it is now; otherwise he can just claim that the place was in a mess and you will have nothing to prove otherwise. This is vitally important for you.

Graces7

omck80 wrote: »

Yes she is fine, I think she is made of tougher stuff than me My neighbours are going to keep watch while I'm out to see if he tries to let himself in while I'm not here. He won't be able to because I have the only key to the bolt lock. Yes thank God for boards you have all given me such good advice.

Don't sell yourself short. You are doing the right thing in a terrible situation; getting the help you need is more than half the battle. When your home is threatened it gets at you deep down. Been there and know this.

And great re the key;)

Bad luck it is the weekend, but he maybe knew that.

Hope the neighbours have a camera..

Blessings and peace

omck80

Lastest update there is a shed in the garden that I store stuff in, he said to have it cleared before weekend is over he wants to tear it down. I don't want workmen taking it down when my children play in garden. Also if I paint interior of house myself he will play on a level playing field. I also rang Garda they said get on to PRTB he has broken so many laws. Also neighbours asked me about hole in bedroom wall which they wouldn't of known about that was there when I moved in. Apparently he has retained deposit from past 2 lettings over this hole that he never fixed but kept blaming tenants on putting it there. I don't think there is any end to this mans evilness.

edellc

OP I know you may not want to move and maybe it is throwing in the towel but seriously life is too short to deal with arseholes like this....if I where you I would be looking for somewhere else as I really would not want the hassle of his idiot, you and your children deserve better...is there anyway you can go to the council and see about social housing that way you will never be evicted and it will be a permanent home for your kids without bullying landlords

I really hope this all works out for you and whatever happens you are happy with the outcome

peace and love op x

omck80

edellc wrote: »

OP I know you may not want to move and maybe it is throwing in the towel but seriously life is too short to deal with arseholes like this....if I where you I would be looking for somewhere else as I really would not want the hassle of his idiot, you and your children deserve better...is there anyway you can go to the council and see about social housing that way you will never be evicted and it will be a permanent home for your kids without bullying landlords

I really hope this all works out for you and whatever happens you are happy with the outcome

peace and love op x

Ah I have no problem moving there is no way I would stay here. I was fulling willing to move out when he gave me notice but he decided to play nasty to try keep deposit. This is the last place in the world I want to live now. I couldn't stay here as the man frightened me and my children as he was giving out to me over the scuff marks yesterday he made my one year old cry. He said its ok baby there turned to me and said I will deal with you later!!! I want out of here as much as he wants me out. He want to increase rent by €200 a month but never asked me to pay the extra just gave me the notice. Anyway I just want my deposit back to move somewhere else. I can take him to court but I don't want to do that I just want to move on and forget about this bad episode. He really doesn't have a leg to stand on because on Wednesday he emailed me glowing reference saying I always paid rent on time and kept his house in very good condition and now he is changing his story....

omck80

Also not sure if this of importance but when he went into my bedroom yesterday he opened wardrobe and started moving my clothes about. I felt very upset by that.

doubleglaze

I'm an ex-landlady myself. This man is an absolute cowboy of a landlord.

You are entitled to peaceful enjoyment of your house. Sadly, he has your whole family upset. However, you are dealing with this very well.

Take your time moving out.

djimi

omck80 wrote: »

Also not sure if this of importance but when he went into my bedroom yesterday he opened wardrobe and started moving my clothes about. I felt very upset by that.

No offence but are you seriously standing by and allowing him to act like this?

Cop on to yourself; get on to the Gardai and have him arrested for trespassing and invasion of privacy. Then start proceedings with the PRTB who will come down in him like a ton of bricks. I'd be amazed if the result of their case doesn't see him owing you thousands in fines.

omck80

No offence taken. In general I'm a very patient person. I did ring garda today they told me he had broken many laws. I didn't see him at my wardrobe but my daughter did and told me and then I checked and noticed it had been disturbed. I don't want thousands just my deposit back. I wouldn't try sue someone if they play fair. It has been pointed out to him I'm on a part 4 tenancy I'm not refusing to leave if he gives me back my deposit. Also he's only getting painters for exterior of house so he will pay for that but he still maintains interior is my problem but refused to supply me with paint for scuff marks. Think I need to put my big girl pants on and stop being so patient and reasonable with him. First thing Monday I will be in touch with PTRB.

Graces7

Marcusm wrote: »

1. I am a landlord, the person you're renting from is a tw4t.

2. Irish law gives a tenant more security/peace of mind to tenants than other countries. Most landlords know this but try to ignore it. Many estate or etchings agents have no dea about tenants rights.

3. Once you've been there 6 months, he can't just ask you to leave. If he's trying to let it, the only basis on which he can force you out is if you've refused to pay a higher rent ONLY if that higher rent is justifiable by the rent he could get from a new tenant.

4. If the rent has to increase beyond what you'll willingly pay, he has to give you 84 days notice. He can't force you to accept shorter notice.

5. He cannot require you to allow viewings of the property except for him or his agent to inspect for damage. If you don't want people viewing, write a letter to the agent informing them and putting them on notice that they shouldn't trespass. Openly copy the letter to your local Garda barracks if you wish.

6. You and he will have different views; he as the upper hand as he holds the deposit. pRTB could be helpful in getting it back but you woud need photos etc. it would also take time.

See bolded text.. This is not true. Family in Canada were threatened with eviction so we know the system. It goes straight to a court case, heard within weeks during which time the whole situation is frozen. The case can be heard on the phone.
They also can involve the police more easily than seems to happen here. When I told them of this case? Especially re invading a child's bedroom.. they would be arrested there for just doing that. And rightly so.

Ireland is very new to protecting tenants rights and yes, in all countries lls will try it on like this. But here because it is all new fewer are used to it.

Graces7

omck80 wrote: »

No offence taken. In general I'm a very patient person. I did ring garda today they told me he had broken many laws. I didn't see him at my wardrobe but my daughter did and told me and then I checked and noticed it had been disturbed. I don't want thousands just my deposit back. I wouldn't try sue someone if they play fair. It has been pointed out to him I'm on a part 4 tenancy I'm not refusing to leave if he gives me back my deposit. Also he's only getting painters for exterior of house so he will pay for that but he still maintains interior is my problem but refused to supply me with paint for scuff marks. Think I need to put my big girl pants on and stop being so patient and reasonable with him. First thing Monday I will be in touch with PTRB.

You go girl! And phone Threshold; talking to them will help greatly, believe me and if you are in their area they will act as advocate with PTRB.
ie at a tribunal.

And yes, we all try to be reasonable and they take advantage of this. After five moves in as many years I have no developed what someone today called backbone. After two years of trying to get the ll here to pay for his electric fences and getting no reply etc.... no more now.

Did the Gardai not say they would deal with him? Make a formal complaint to them; we have had to do this re the old man here as they did nothing until I wrote to the Chief Superintendant recently..

Put a lock on the shed door fast. And what a creep to mess with your clothes. Yukk.. makes you feel dirty does that.

Steam coming out of my ears now!

edellc

whereas the PRTB take forever to act and bring cases against LL, and in some cases it is years....check out the rte player and prime time a few weeks back....threshold will deal with it now, ring them if you dont get in touch with the one in dublin, ring galway or cork they are quicker to answer, get whoever answers and deals with you to ring the Landlord and remind him of his duty regards deposits...also if he does try deduct anything above wear and tear you are entitled to get receipts for these deductions

http://www.threshold.ie/advice/ending-a-tenancy/non-return-of-security-deposit-by-your-landlord/

check out the link and follow it to a t, that way they will definitely back you with everything

best of luck with it all, how you havent taken a sledge hammer to his head is beyond me especially for upsetting your baby and saying that he will deal with you later, I mean what are you a bold school girl :eek: what a creep and bully


not that i am condoning violence I am not but some people need a good shake

Graces7

edellc wrote: »

whereas the PRTB take forever to act and bring cases against LL, and in some cases it is years....check out the rte player and prime time a few weeks back....threshold will deal with it now, ring them if you dont get in touch with the one in dublin, ring galway or cork they are quicker to answer, get whoever answers and deals with you to ring the Landlord and remind him of his duty regards deposits...also if he does try deduct anything above wear and tear you are entitled to get receipts for these deductions

http://www.threshold.ie/advice/ending-a-tenancy/non-return-of-security-deposit-by-your-landlord/

check out the link and follow it to a t, that way they will definitely back you with everything

best of luck with it all, how you havent taken a sledge hammer to his head is beyond me especially for upsetting your baby and saying that he will deal with you later, I mean what are you a bold school girl :eek: what a creep and bully


not that i am condoning violence I am not but some people need a good shake

Indeed yes. I think years may be an overstatement; oh but that has happened?
when we were being threatened with illegal eviction, we applied in June and the hearing was scheduled for almost the end of the year. As the fixed term lease expired in November... by then we had moved anyways needing to be settled.
So as the tribunal hearing was 300 miles away and as that last move all but oput me in hospital, we did not respond.

it remains a good stick to shake at the LL as if he is not well educated he will be scared witless by the threat of a tribunal etc.

Byt yes, Threshold are by far the best first stop for the OP.... First thing Monday? Ok? OK!

Graces7

OP; do start seeking a place... Quietly and without letting ANYONE know. lookon daft, go to your council.. It will make you feel rightly that you are taking action.

Will not stop or prevent your standing up to this creature but will give you that extra confidence that YOU are in control, not him

He does not matter in this; you and the children matter here. Your peace, your privacy.

BY THE WAY, before I forget, the terms of the Tenancy Act state that it is the house and surrounds that are private and cannot be entered. I forget the exact terms but I am sure others know them.

So he has no right to be in the garden or touch the shed without your permission etc.
Can you padlock the gates and shed? Impede this ***** in any way possible.

omck80

Edellc that's exactly how I feel a bold school child The garda advised me to contact PRTB ha has broken laws but they have my call on record. I have secured side passage and shed almost cleared I'm trying to give and take a bit as I am worried he will try retain deposit but it won't be cleared by tomorrow. I've already started to look on daft and have viewed some houses and have yet to find somewhere suitable. My parents live close enough to me they don't have a whole lot of room but I can stay with them a week or two if needs be. I have contacted threshold on Friday when this all began so hopefully will hear from them tomorrow and get some more advice and support. After it was said about part 4 tenancy and a solicitor friend of mine is interested in case I have heard nothing more Starting to feel I am beginning to have the upperhand. He was told to go and educate himself or stop playing stupid to think I had no rights. I want to be reasonable I hate conflict but I need to protect my family.

omck80

And also to add rent is paid in full until end of month also bills are all in my name and are up to date so he can't dispute that. I also pay a standing order directly from my bank account to his so I have a record of rent being paid.

Graces7

omck80 wrote: »

Edellc that's exactly how I feel a bold school child The garda advised me to contact PRTB ha has broken laws but they have my call on record. I have secured side passage and shed almost cleared I'm trying to give and take a bit as I am worried he will try retain deposit but it won't be cleared by tomorrow. I've already started to look on daft and have viewed some houses and have yet to find somewhere suitable. My parents live close enough to me they don't have a whole lot of room but I can stay with them a week or two if needs be. I have contacted threshold on Friday when this all began so hopefully will hear from them tomorrow and get some more advice and support. After it was said about part 4 tenancy and a solicitor friend of mine is interested in case I have heard nothing more Starting to feel I am beginning to have the upperhand. He was told to go and educate himself or stop playing stupid to think I had no rights. I want to be reasonable I hate conflict but I need to protect my family.

Lesson one; you cannot be reasonable with people like this. Period. As you are seeing, they will walk all over you/ There are no scruples or morals in them. Threshold know this well.
Please stopclearing the shed. He has no rights to make you do that. Do not give an inch now.

He cannot evict you, period. Trust in that, please. He cannot do that.
Yes get the solicitor involved but do it now. today.

Bullies are always cowards. See the difference when your boyfriend was there. And no use the Gardai saying it is on record; they need to take a formal statement from you and do it now. And unless you push them they will not bother. The only time we have had a statement taken was when I wrote to the Chief Superintendant when the old man next door started his antics again.. I was shocked that although I had already been to the local Gardai station, when they finally came to take the statement, they had no record of that visit. In the letter I was not confrontational just asking for help. Head office cannot ignore a letter like that and it gets passed down.

We chose when threatened to leave but we did it on our own terms and in our own way, including leaving at 4 am ...

This is literally war!

The interesting thing is that whereas I used to get stressed, I no longer do. Water off a duck's back now.

Take care of YOU, OP. You are doing great..

Graces7

PS he needs some kind of very official papers served on him immediately. SOme concrete proof that he is being seriously opposed. it could be, you see, all talk from you, which is what he does.

All hot air and that will skewer the balloon.

When we were being threatened with eviction. all calmed down and stopped when he was served with notice of tribunal by PTRB.. gave us space to sort things out. And makes the mind easier to look at it all more calmly.

But I repeat, he cannot evict you or enter, or intimidate or invade. Period.

djimi

I think at this stage your best course of action is to write to him and inform him that the only form of communication you will entertain from him is in writing; that you will be ignoring all phone calls/texts and you will not be granting him any access to the property (inside or out) unless its agreed in advance and in writing. Outline the reasons why; include everything he has done and outline every law he has broken with his invasions of your privacy. Keep a copy of all communications between you and him.

He has no idea of the boundaries that must exist between landlord and their rented property and insisting on all communication being in writing will force that boundary to exist and will also ensure that you have time to plan your response to any communication, rather than being put on the spot by his bullying tactics.

Sleepy

If you're at the point where you just want out, my advice would be to tell him that unless your security deposit is returned prior to you moving out, you'll be making sure to do enough damage to his property to get your money's worth.

Bullies tend to buckle very quickly when you threaten them back...

cookie1977

Sleepy wrote: »

If you're at the point where you just want out, my advice would be to tell him that unless your security deposit is returned prior to you moving out, you'll be making sure to do enough damage to his property to get your money's worth.

Bullies tend to buckle very quickly when you threaten them back...

I dont think this is good advice. What if he has a witness of you saying this? I'd agree with djimi

sweeney1971

Sometimes you have to fight fire with fire. Just stop paying your rent and every time he comes around take a photo of him and ring the Gards.

djimi

Sleepy wrote: »

If you're at the point where you just want out, my advice would be to tell him that unless your security deposit is returned prior to you moving out, you'll be making sure to do enough damage to his property to get your money's worth.

Bullies tend to buckle very quickly when you threaten them back...

sweeney1971 wrote:

Sometimes you have to fight fire with fire. Just stop paying your rent and every time he comes around take a photo of him and ring the Gards.

Ever heard of the phrase two wrongs dont make a right...? :rolleyes:Threatenign to cause damage or stopping paying the rent are only going to make this situation very messy, and will swings things out of the OPs favour. As it stands were the OP to open a case with the PRTB then they would have the landlord without a leg to stand on for illegal eviction and a host of other offenses. If they start getting stupid then all they do is hand the landlord ammunition to fight back with.

cookie1977

djimi wrote: »

Ever heard of the phrase two wrongs dont make a right...? :rolleyes:Threatenign to cause damage or stopping paying the rent are only going to make this situation very messy, and will swings things out of the OPs favour. As it stands were the OP to open a case with the PRTB then they would have the landlord without a leg to stand on for illegal eviction and a host of other offenses. If they start getting stupid then all they do is hand the landlord ammunition to fight back with.

Totally agree. As bad as the current situation is at least the OP has done everything right to date. You start acting like the landlord and you'll muddy the waters of who's right and who's wrong. While it may take time to sort it out it would seem to me that the landlord will be held fully responsible for their actions.
_

djimi

Sleepy wrote: »

II've already started to look on daft and have viewed some houses and have yet to find somewhere suitable. My parents live close enough to me they don't have a whole lot of room but I can stay with them a week or two if needs be.

I wouldnt strongly advise against moving out unless you have a full paper trail to back up everything that has gone on. If you have the eviction notice in writing then write back to him stating your rights as part of a part 4 tenancy to the appropriate notice and at that only if he has a valid reason to request you leaving. Base your next move on his response.

If you have nothing in writing to back up what has been going on then do not move out of the property. You will be the one who is breaking the lease (despite all that has been going on) and without proof to back things up it will end up being your word against his. Only move out if you can prove, in writing, that you have been asked to do so and that you have lodged an objection to this request.

sweeney1971

Have you ever been in this position djimi? Well I have and you most certainly play them at their own game as long as you stay within the Law. With holding rent money is a Civil Matter.

I now own and rent out houses myself and I know if one of my Tennants wont pay their rent their is very little I can do.

Graces7

djimi wrote: »

Ever heard of the phrase two wrongs dont make a right...? :rolleyes:Threatenign to cause damage or stopping paying the rent are only going to make this situation very messy, and will swings things out of the OPs favour. As it stands were the OP to open a case with the PRTB then they would have the landlord without a leg to stand on for illegal eviction and a host of other offenses. If they start getting stupid then all they do is hand the landlord ammunition to fight back with.

In the application forms from PTRB it emphasises that you must not stop paying rent. For these precise reasons.

We broke that proviso knowing in the last weeks that we would be away before the tribunal and so it would not in fact be held and because it was the only way we could get enough money for rent and the move.

The owner was coming back from overseas and had not seen the house for years and his family had not taken care of it properly.

But it was not done lightly.

djimi

sweeney1971 wrote: »

Have you ever been in this position djimi? Well I have and you most certainly play them at their own game as long as you stay within the Law. With holding rent money is a Civil Matter.

I now own and rent out houses myself and I know if one of my Tennants wont pay their rent their is very little I can do.

If a PRTB case for this matter were to be heard then the tenant withholding rent would be seen as a black mark against them. As it stands now its an open and shut case against the landlord, who quite frankly is going to be in all kinds of **** with the PRTB if the get hold of him. Why on earth would you advise the OP to do something that might put that position in doubt?

sweeney1971

From experience the Law is alway's on the side of the Crminal. A senior Judge (once said to me after I took someone to Court) When I asked him about my 'Human Rights' he said 'my dear you have no human rights until you break the Law, then and only then will the Law protect you.'

Graces7

sweeney1971 wrote: »

From experience the Law is alway's on the side of the Crminal. A senior Judge (once said to me after I took someone to Court) When I asked him about my 'Human Rights' he said 'my dear you have no human rights until you break the Law, then and only then will the Law protect you.'

If you g o to the PTRB site and the conflict resolution pages, you will see that your post is inaccurate in the extreme.

These are simple, clear cut issues. Not a case of proving etc; civil law not criminal law in the sense that you are referring to.

Huge difference.

In this case the PTRB are fully behind the tenant.

djimi

sweeney1971 wrote: »

From experience the Law is alway's on the side of the Crminal. A senior Judge (once said to me after I took someone to Court) When I asked him about my 'Human Rights' he said 'my dear you have no human rights until you break the Law, then and only then will the Law protect you.'

Uhuh...