Crazy eviction LOLfest

Tonyandthewhale

So my landlord wants to evict me. Brace yerselfs for something of a long story.

I'm living in a studenty area in Limerick with some friends (all students, although I'm not one). We moved in at the start of September having arranged a 9 month lease, 800e a month (total for the house), September 1st until the end of may, rent paid on the first of every month (at least that was our understanding).
For the first few months the landlord used to show up sometime around the start of every month to pick up the rent (it varied because he's hugely dis-organised).
Since December we've paid via bank transfer, transfering the money some time around the start of every month depending on when he nagged us about it or when we remembered to toddle down to the bank (although it was always paid). There wasn't a formal agreement to switch payment methods, he just said in December that he wouldn't be able to come down to pay it so we should transfer it and it became habit there-after.

There was some delay in one of the lads paying December's rent (although it was paid, yer man just didn't answer his phone for a few days because he was abroad and the landlord was worried the money wasn't coming) so the landlord was a bit pissed off (understandably enough) and sent us a text in January "reminding" that we had to have the rent paid up by the 18th. Confused by this I rang him to clarify what the significance of the 18th was because he never mentioned this date before. Unfortunately he never answered his phone (par for the course) and I forgot about it.

We've since paid for January, February and March (or so we thought). Got a text today saying landlord would be down on Monday to sort out a few bills (no problem there) and that rent was due on the 18th of March so he'd be collecting. I still haven't gotten around to paying April's rent (1st to the 30th) so I presumed that what he meant so I called him to clarify.

Turns out his current version of events is that we had originally agreed to pay for 4 weeks at a time (paying on the 18th of every month for some reason) so that when we paid March's rent we were actually paying for the end of February, first two weeks or so in March and that now we owe for the 18th to the 15th of April and that another 4 weeks would bring us up to the 15th of May (according to a text he sent) or the 18th of May (according to what he said on the phone). We'd then have to move out on the 18th or pay extra for the end of May.

I pointed out on the phone that we'd never agreed to this, that the house had been advertised as 800e a month, that he'd originally said that he'd be collecting on the 1st and that I wasn't going to pay extra for the end of May. He got angry and told me that he'd be down first thing tomorrow morning for the money and if we didn't pay we could get out. I'm happy to pay April's rent which I owe him but obviously I'd want to have this sorted out first.

Unfortunately there's no lease to consult as he's a dodgy type. I do have a few receipts with things like 'October's rent' written on them though and also I think I have a few texts where he directly references 'December's rent, january's rent etc' although I'd have to dig up my old phone to double check.

To thicken the plot further, I made inquiries about rent allowance back in October and he said he couldn't do it because he wasn't 'registered' and it was a 'cash job' or words to that effect (although we have paid into his bank a few times since then. Which would lead me to believe he's not paying tax on his rental income.

So what do you good people of accommodation and property think of this? How would you go about resolving this pickle?

Agent Smith

Tonyandthewhale wrote: »

So my landlord wants to evict me. Brace yerselfs for something of a long story.

I'm living in a studenty area in Limerick with some friends (all students, although I'm not one). We moved in at the start of September having arranged a 9 month lease, 800e a month (total for the house), September 1st until the end of may, rent paid on the first of every month (at least that was our understanding).
For the first few months the landlord used to show up sometime around the start of every month to pick up the rent (it varied because he's hugely dis-organised).
Since December we've paid via bank transfer, transfering the money some time around the start of every month depending on when he nagged us about it or when we remembered to toddle down to the bank (although it was always paid). There wasn't a formal agreement to switch payment methods, he just said in December that he wouldn't be able to come down to pay it so we should transfer it and it became habit there-after.

There was some delay in one of the lads paying December's rent (although it was paid, yer man just didn't answer his phone for a few days because he was abroad and the landlord was worried the money wasn't coming) so the landlord was a bit pissed off (understandably enough) and sent us a text in January "reminding" that we had to have the rent paid up by the 18th. Confused by this I rang him to clarify what the significance of the 18th was because he never mentioned this date before. Unfortunately he never answered his phone (par for the course) and I forgot about it.

We've since paid for January, February and March (or so we thought). Got a text today saying landlord would be down on Monday to sort out a few bills (no problem there) and that rent was due on the 18th of March so he'd be collecting. I still haven't gotten around to paying April's rent (1st to the 30th) so I presumed that what he meant so I called him to clarify.

Turns out his current version of events is that we had originally agreed to pay for 4 weeks at a time (paying on the 18th of every month for some reason) so that when we paid March's rent we were actually paying for the end of February, first two weeks or so in March and that now we owe for the 18th to the 15th of April and that another 4 weeks would bring us up to the 15th of May (according to a text he sent) or the 18th of May (according to what he said on the phone). We'd then have to move out on the 18th or pay extra for the end of May.

I pointed out on the phone that we'd never agreed to this, that the house had been advertised as 800e a month, that he'd originally said that he'd be collecting on the 1st and that I wasn't going to pay extra for the end of May. He got angry and told me that he'd be down first thing tomorrow morning for the money and if we didn't pay we could get out. I'm happy to pay April's rent which I owe him but obviously I'd want to have this sorted out first.

Unfortunately there's no lease to consult as he's a dodgy type. I do have a few receipts with things like 'October's rent' written on them though and also I think I have a few texts where he directly references 'December's rent, january's rent etc' although I'd have to dig up my old phone to double check.

To thicken the plot further, I made inquiries about rent allowance back in October and he said he couldn't do it because he wasn't 'registered' and it was a 'cash job' or words to that effect (although we have paid into his bank a few times since then. Which would lead me to believe he's not paying tax on his rental income.



So what do you good people of accommodation and property think of this? How would you go about resolving this pickle?

1. the onus is on him to be registered for tax. not for you to register him.
claim your tax relief.

2. I'd also be 99.9999999% sure he isnt registered with the prtb. (tennents board). Contact them and ask if he's registered.

3. you say you's arranged a 9 month lease. was this in writing? it should state the date your moving in from, and the date the rent is to be paid. he cant just change it mid-way.

murphaph

This is the kind of crooked landlord we can all do without. Do not be forced out by him. A lease exists even when not written down. Please do report this guy to the PRTB and revenue and do us all a favour.

Tonyandthewhale

murphaph wrote: »

This is the kind of crooked landlord we can all do without. Do not be forced out by him. A lease exists even when not written down. Please do report this guy to the PRTB and revenue and do us all a favour.

I presume even if he is registered with PRTB and revenue (which runs contrary to what he was saying, but the fact that he let the money go into his bank rather than keeping everything cash gives me niggling doubt) he still doesn't have a leg to stand on.

Also, if he shows up tomorrow I'll have a chat with him but I won't be inviting him in for tea. Would I be right in saying I'm entitled to call the guards on him if he lets himself in? - hopefully it won't come to that but he seems to be a highly unreasonable individual.

murphaph

Tonyandthewhale wrote: »

Would I be right in saying I'm entitled to call the guards on him if he lets himself in? - hopefully it won't come to that but he seems to be a highly unreasonable individual.

Yes you can if he enters against your will.

Tonyandthewhale

Agent Smith wrote: »

1. the onus is on him to be registered for tax. not for you to register him.
claim your tax relief.

2. I'd also be 99.9999999% sure he isnt registered with the prtb. (tennents board). Contact them and ask if he's registered.

3. you say you's arranged a 9 month lease. was this in writing? it should state the date your moving in from, and the date the rent is to be paid. he cant just change it mid-way.

I downloaded the PRTB registered and can find no mention of my address (although I found several other properties in my estate). This is illegal isn't it?

murphaph

Tonyandthewhale wrote: »

I downloaded the PRTB registered and can find no mention of my address (although I found several other properties in my estate). This is illegal isn't it?

The PRTB website is a joke. You'd need to call them and confirm that way. I had a tenancy registered with them and 4 years later it still wasn't on the website.

Tonyandthewhale

murphaph wrote: »

The PRTB website is a joke. You'd need to call them and confirm that way. I had a tenancy registered with them and 4 years later it still wasn't on the website.

Ok, I presume I'll have to wait for business hours to do that but I'll put it on the to-do list.

gurramok

Just be careful regarding your deposit, you may not get it back as the LL is a dodgy one according to yourself. You know your course of action on this to receive what your entitled to.

Tonyandthewhale

gurramok wrote: »

Just be careful regarding your deposit, you may not get it back as the LL is a dodgy one according to yourself. You know your course of action on this to receive what your entitled to.

Yes, I think we'll have to work something out whereby our deposits stand in for the last months rent, no chance in hell he'll give them back after this I'd say.

Pawwed Rig

Agent Smith wrote: »

1. the onus is on him to be registered for tax. not for you to register him.
claim your tax relief.

There is no tax relief anymore.

OP if you have problems you can lodge a complaint with the PRTB.
I wouldn't be overly concerned that he is not on their website as the PRTB are currently over a year behind in updating their systems.

He has breached so many landlord obligations that I wouldn't even know where to start. Ask him for an up to date rent book asap.
In conducting your business with him do everything by the book. It will look much better for you in the event of a dispute.

Agent Smith

Pawwed Rig wrote: »

There is no tax relief anymore.

OP if you have problems you can lodge a complaint with the PRTB.
I wouldn't be overly concerned that he is not on their website as the PRTB are currently over a year behind in updating their systems.

He has breached so many landlord obligations that I wouldn't even know where to start. Ask him for an up to date rent book asap.
In conducting your business with him do everything by the book. It will look much better for you in the event of a dispute.

Cant you claim it for previous places rented?

Pawwed Rig

It was abolished for any new tenants after 8 December 2010. My assumption was that the OP was a new tenaant.

Tax years 2011 to 2017 inclusive

Credit for rent paid will be withdrawn on a phased basis over the next 7 years.

The credit for the years 2011 onwards applies to individuals who were renting a propety on 7 December 2010. No credit is due to individuals who began renting after 7 December 2010.

It used to be 4 years back you could claim it. Call Revenue and they will sort it out for you fairly quickly.

fasttalkerchat

Pay him what you agreed to and use the deposit as last months rent. Any hassle say you want to contact the PTRB first. Anything serious call the gards.

Tonyandthewhale

fasttalkerchat wrote: »

Pay him what you agreed to and use the deposit as last months rent. Any hassle say you want to contact the PTRB first. Anything serious call the gards.

Yeah, my plan is if he does indeed show up today that I'm happy to pay April's rent but I want it in writing from him that he accepts that the rent is for the month of April and if he has any further queries or concerns we can see what threshold/PRTB/the guards have to say. I have a feeling he won't show up today though as he generally doesn't show up when he says he will.