Need help with landlord knocking on my door

aur

Hello,

Basically to cut a long story short, I have rented a place for 5 months and the landlord gave me a termination notice to vacate property when my 6 months lease is up at the end of may.

During my tenancy i have always paid my rent in advance but there has been issues with landlord being most of the time on the property and knocking on my door unannounced from 8 pm till 9.40/50 pm. For example:
he would knock to pick up rent weekly and i paid 4 weeks in advance but he would still knock on my door the following week. There are many other examples.

I had tried to talk to landlord since begining of tenancy and he refused to listen, then talked to threshold and they suggested i write a letter and give a copy of residential act. The landlord got really annoyed about the letter which i explained why I did and asked him to let me know in advance if he needs to talk to me or if he could show up on property at least when i  am at work which is from 7 am to 7 pm and i work every other weekend. one weekend at work and next one off..etc. basically landlord ended up telling i will have to go at the end of 6 months as he does not wish to tell me in advance and he wants to be on the property anytime he wishes.

Now that i am leaving I do not wish to bother but told the landlord i wont be paying the rent and they could keep the deposit, they also give me a bill for the radiator that i didnt pay. Threshold told me that if i chose to do that, the landlord would have no rights to legal action except for terminating me which he already did.

I cant afford the risk of losing the deposit so I stand on i am not paying.
Also the landlord knows i keep the flat really well and he had mentioned it before plus even if he had to replace all the furniture they are not even worth of the deposit of 500 euros.

I also filed a complaint to PRTB about the landlord's behaviour since i moved as I dont think its normal a landlord can get away using a 6 months lease and harrass tenants and then telling them to go if they are not happy with the landlord invading their privacy without having to give any reasons.

Yesterday he knocked on my door just as i got home after work, i didnt reply and he tried knocking at several intervals until 9.30 pm.

I am afraid he knocks again tonight and wonder what should i do , i already left a note in a note he left me asking for the rent: i said i was not happy at all with the knocking and gave him a coy of 'entry without permission' from threshold which clearly states that he cant even be around the property all the time as it is not his home but a property he rents, its a business. I said i will vacate the playe end of May and they can keep the deposit and if he knocks again ill check with a lawyer.

The end sounds a bit too much but i am really busy with work and its too much energy and now it doesnt make any snse. To be honest all the properties i rented before kept the deposit for last months rent and if you check the legal bit about it , landlords can retain it in case you own them rent or bills. so its all the same.

anyway I just want him to leave me in peace since im moving and not having him knocking every evening. I think he probably would do that. knowing that even if i paid the rent he would knock too.

Is calling a lawyer is the only way to make him stop knocking on my door?

Zamboni

There are laws there to protect you both and provide process.
Neither of you appear to have read them.

DarkJager

You are entitled to live there without constant disturbance from the landlord. And as for access, he needs to make that by appointment in advance of when he wants to visit the premises. Call the Gardai next time he does his knocking act, it's a form of harassment and you shouldn't tolerate it.

aur

Zamboni wrote: »

There are laws there to protect you both and provide process.
Neither of you appear to have read them.

Thank but at the moment im looking ti protect myself and i dont see how can a landlord protect after harrassing a tenant. I guess the 6 months lease gives him some sort of protection. I would appreciate a more constructive approach as reading your comment i am left as i am

aur

DarkJager wrote: »

You are entitled to live there without constant disturbance from the landlord. And as for access, he needs to make that by appointment in advance of when he wants to visit the premises. Call the Gardai next time he does his knocking act, it's a form of harassment and you shouldn't tolerate it.

Thank you dark jager , what would happen if i call the police? I know its probably a stupid question but im afraid they end up on landlords side (ie asking for rent) as i see the previous comment that says there are laws that can protect us both lanldord and tenant wow cool

dee_mc

I wouldn't bother the police with this one to be honest.
The facts remain: you owe the man rent for this month; if he doesn't want to use your deposit as this month's rent, that is his choice. (I know many landlords choose to operate this way, but many don't as they want to make sure they won't lose money if items are broken, as you indicated is the case)
If you broke the radiator you mentioned above, ask the people at Threshold what your responsibility is in relation to paying for it to be repaired/replaced. If you weren't responsible for the damage to the radiator and the rest of the property has been left in such good condition, I don't see why you're worried about your deposit.
It sounds like you're planning to leave this man out of pocket, which really isn't fair. Even if he is annoying you, you still owe him your rent!
Before even thinking of involving the police, I would suggest making sure you are keeping your end of the contract, but to be honest I would just try calmly saying to him that you're a private person, he has no reason not to trust you (presumably) so you'd like to be left in peace for your last few weeks in the property. You don't mention whether he's just snooping when he calls to the property or whether he's perhaps doing maintenance work (which in a sense is fair enough, assuming he works in the daytime too, although of course he should still let you know if he's looking to meet with you), but I really feel your strongest position would be to pay up, leave at the end of May, and put it down to experience. I've had strange landlords too in the past, and it's generally not worth trying to 'reform' them as they know well another unsuspecting tenant will be along soon, so why change their ways? Look on the bright side, you're well out of it next month!

djimi

Take a case against him with the PRTB. He is breaking some of the fundemental laws of tenancy, so maybe a judgement against him (possibly with financial implecations) might put some manners on him and teach him to respect tenancy law in future.

aur

dee_mc wrote: »

I wouldn't bother the police with this one to be honest.
The facts remain: you owe the man rent for this month; if he doesn't want to use your deposit as this month's rent, that is his choice. (I know many landlords choose to operate this way, but many don't as they want to make sure they won't lose money if items are broken, as you indicated is the case)
If you broke the radiator you mentioned above, ask the people at Threshold what your responsibility is in relation to paying for it to be repaired/replaced. If you weren't responsible for the damage to the radiator and the rest of the property has been left in such good condition, I don't see why you're worried about your deposit.
It sounds like you're planning to leave this man out of pocket, which really isn't fair. Even if he is annoying you, you still owe him your rent!
Before even thinking of involving the police, I would suggest making sure you are keeping your end of the contract, but to be honest I would just try calmly saying to him that you're a private person, he has no reason not to trust you (presumably) so you'd like to be left in peace for your last few weeks in the property. You don't mention whether he's just snooping when he calls to the property or whether he's perhaps doing maintenance work (which in a sense is fair enough, assuming he works in the daytime too, although of course he should still let you know if he's looking to meet with you), but I really feel your strongest position would be to pay up, leave at the end of May, and put it down to experience. I've had strange landlords too in the past, and it's generally not worth trying to 'reform' them as they know well another unsuspecting tenant will be along soon, so why change their ways? Look on the bright side, you're well out of it next month!

I didnt break anything, i think you probably misread. All i said is that there the month im paying in avdance that i am not paying and an utility bill for the radiaotir / paying heating.
I already talked to him and its pointless even if i pay and as i said if i pay the rent in advance i cant afford to lose the deposit. Basically i wont be able to move otherwise. I am over the point of disussion as he ignored already .

aur

djimi wrote: »

Take a case against him with the PRTB. He is breaking some of the fundemental laws of tenancy, so maybe a judgement against him (possibly with financial implecations) might put some manners on him and teach him to respect tenancy law in future.

Thanks djimi , i took a case just last week expalining eveything but didnt mention this months rent. Im paying in advance genreally so if i paid its like until end of may. I cant pay as i dont want to risk losing the deposit ad i need to move. I dont know about the police and from side legally i dont think he can do something other than retain my deposit in case i dont pay the rent. Yeaterday i think he was with another person outside my door .. Im worry as i leave by myself ; its a studio flat in a house.
Is it possible that the landlord knocked with the police ?

Bullseye1

I don't understand why dilapidation reports are not used to resolve deposits. How a landlord thinks it is acceptable to hold onto a deposit for weeks or months after a tenant has moved out is lubricious. If the tenant and landlord go through the initial dilapidation report and both sign before tenant moves in and then they go through the report at the end of the tenancy it would do away with a lot of the nonsense as it would be there for both parties to see the difference if any between the property before and after.

dee_mc

aur wrote: »

I didnt break anything, i think you probably misread. All i said is that there the month im paying in avdance that i am not paying and an utility bill for the radiaotir / paying heating.
I already talked to him and its pointless even if i pay and as i said if i pay the rent in advance i cant afford to lose the deposit. Basically i wont be able to move otherwise. I am over the point of disussion as he ignored already .

I didn't understand that you meant you were unable/unwilling to pay your utility bill, but do you not feel that in order to get the best help from Threshold you need to outline the full situation to them? Then they will be able to help you sort the situation out.
As I see it, there are two separate issues here: intimidation by your landlord, which is totally unacceptable; and a refusal by you as a tenant to pay the rent and bills you signed up for, which is also unacceptable (although obviously more understandable!).
You're not on a very good legal standing if you can't/won't pay your rent etc but perhaps MABS or Threshold would be able to help in this specific case, they would be better able to advise you.
You need to remember that even if you feel you can't afford to lose the deposit you paid, you do owe money to this man so he would be within his rights to call the police (though it would be a bit of an over-reaction) to ensure that he will be paid what is, at the end of the day, his money.
Re the intimidation, if you feel unsafe you're within your rights to inform the guards but bear in mind they'll listen to both sides of the story.

aur

dee_mc wrote: »

I didn't understand that you meant you were unable/unwilling to pay your utility bill, but do you not feel that in order to get the best help from Threshold you need to outline the full situation to them? Then they will be able to help you sort the situation out.
As I see it, there are two separate issues here: intimidation by your landlord, which is totally unacceptable; and a refusal by you as a tenant to pay the rent and bills you signed up for, which is also unacceptable (although obviously more understandable!).
You're not on a very good legal standing if you can't/won't pay your rent etc but perhaps MABS or Threshold would be able to help in this specific case, they would be better able to advise you.
You need to remember that even if you feel you can't afford to lose the deposit you paid, you do owe money to this man so he would be within his rights to call the police (though it would be a bit of an over-reaction) to ensure that he will be paid what is, at the end of the day, his money.
Re the intimidation, if you feel unsafe you're within your rights to inform the guards but bear in mind they'll listen to both sides of the story.

I told threshold and they said he cannot do anything legally apart from terminating the lease and give me a 28 days notice which he already gave me. His right is to retain my deposit then. All in one ist the same as im not staying after 28 days without not paying him.

dee_mc

Good luck with it aur

djimi

aur wrote: »

I dont know about the police and from side legally i dont think he can do something other than retain my deposit in case i dont pay the rent. Yeaterday i think he was with another person outside my door .. Im worry as i leave by myself ; its a studio flat in a house.
Is it possible that the landlord knocked with the police ?

The Gardai wont get involved in anything to do with the tenancy dispute (rent, deposit etc), but if at any time you feel that the landlord is acting in a threatening or intimidating manner such that you feel your safety is at risk then do not hesitate to contact the Gardai.

Ray Palmer

aur wrote: »

I didnt break anything, i think you probably misread. All i said is that there the month im paying in avdance that i am not paying and an utility bill for the radiaotir / paying heating.
I already talked to him and its pointless even if i pay and as i said if i pay the rent in advance i cant afford to lose the deposit. Basically i wont be able to move otherwise. I am over the point of disussion as he ignored already .

So you are refusing to pay rent and a utility bill and bringing a case against him?

You have no right to refuse to pay.

The police will not come out for somebody knocking on your door while you are a tenant and refusing to pay rent.

The landlord is perfectly within his rights to lease for only 6 months and without reason ask you leave after that. The laws is specifically there so LL can do that to see if they are happy with the tenant going section 4.

I don't get why the landlord called every week even when you paid the rent and he was wrong to do so but you haven't acted very well either.

djimi

Ray Palmer wrote: »

The police will not come out for somebody knocking on your door while you are a tenant and refusing to pay rent.

They will come out if the landlord is acting in an intimidating/threatening manner, regardless of the circumstances.

I agree with you though; not paying what is owed is what is making this situation worse.

Ray Palmer wrote: »

The landlord is perfectly within his rights to lease for only 6 months and without reason ask you leave after that. The laws is specifically there so LL can do that to see if they are happy with the tenant going section 4.

The OP had a signed 6 month lease, which means that once that expires the period of time in which a landlord can ask you to leave without reason expires with it. Once the 6 month lease expires, the landlord must trigger one of the clauses in the part 4 tenancy if they wish for the tenant to leave; they cant just decide that they want them out and issue notice.

aur

---

Thanks for all the info, the point is not about the landlords rights after what he has done and his doing. He has my deposit and god knows whether he will give it back to me. He already has more rights than i have by issuing 6 months lease so that he can tell a tenant to go without giving reason and get away by annoying you during the 5onths . Its plainly ridiculous as he gave me the 28 notice for no reason so im not paying simple and i cant to lose the deposit which is probably his reason or another to be in the property, his reason to ask for not ising the deposit so he could knock on my door or interferre.
When i paid him in advance 4 weeks when i frist moved in .he told me ' oh so you dont want to see me that often' Inwrote down everything and Kept a copy for me and give him the rentbook. He would knock the following week on my door again . When im off uring the week he woke me up by comjng in a garage near my flat and he would be just outaide my flat and on the property, yes doing repairs and looking after the property as he says. But they are bins just outside my flat and some trash are spread out until my door and whilst he knocks on my door and is there several times per week the trash things were still outside my door. The general bin bags are stacks together without being in a trash box.

Im generally busy but the least time i was or am in my flat he is there. He has a garage that shares a wall with my flat / room . A weekend ago inwas off and want to cath up on sleep at 11.30 pm i was woken by landlord in garage then he was there around until i left at 2/3 pm and saw the house main door was open with some paint. But he doesnt say anything he just comes as he pleases and i told him he could come if he wishes the two weeks end im working which is easy and im mot in the flat fr om 7 am to 7 pm . But he categorically refused to listen and he said i need to be in the garage and on the place . I think he is retired but thats not an excuse . He can deal with his own house.
When he had to make repairs ,lthat were urgent like shower and toilet i texted him in themorning and tell him to let himself in the flat but he would reply to me until 6 or 7 pm and ask if i was home . I told him he didnt need to wait as away for 10 hours . It was like that all the time , he told me he had no keys up until he gave me the notice he finally did let himaelf in to make a repair! He is usually on the property almost everyday thats why.

Im at work right now and Its hard to concentrate because o that. What annoys me most is peole debating a landlord rights? He used it by sending me a notice to tell me inhave to leave in 28 days.

I can appreciate people telling me that the landlords has rights if inwere to stay once the 28 days are up without paying!

---

djimi

aur wrote: »

He already has more rights than i have by issuing 6 months lease so that he can tell a tenant to go without giving reason and get away by annoying you during the 5onths .

I would strongly advise you to seek assistance with Threshold, or some other legal advisor, regarding this. You can only be issued with 28 days notice without reason during the first 6 months of a tenancy in which you do not have a signed fixed term lease. Its a bit of a grey area generally as to whether notice served during a fixed term lease is actually valid, but in this case Id say its even more tricky as you are questioning whether or not the landlord is entitled to issue with notice as if you have not yet acquired part 4 rights.

Its my personal feeling that the landlord is not entitled to issue you with 28 days notice without reason, as you have a signed lease which brings you up to the point where you acquire part 4 rights. I might be wrong in thinking that though, so I would advise you to seek legal advice on the matter.

aur

djimi wrote: »

I would strongly advise you to seek assistance with Threshold, or some other legal advisor, regarding this. You can only be issued with 28 days notice without reason during the first 6 months of a tenancy in which you do not have a signed fixed term lease. Its a bit of a grey area generally as to whether notice served during a fixed term lease is actually valid, but in this case Id say its even more tricky as you are questioning whether or not the landlord is entitled to issue with notice as if you have not yet acquired part 4 rights.

Its my personal feeling that the landlord is not entitled to issue you with 28 days notice without reason, as you have a signed lease which brings you up to the point where you acquire part 4 rights. I might be wrong in thinking that though, so I would advise you to seek legal advice on the matter.

Thanks you, i went to legal aid too and they said he does not have to give a reason for terminating a lease in the first six months . It is alao written on threshold website but true i had read maybe on citezen .ie i think, what you are saying . The problem is that even
If i stayed he would keep on showing up unnannonced.

Ray Palmer

aur wrote: »

Thanks you, i went to legal aid too and they said he does not have to give a reason for terminating a lease in the first six months . It is alao written on threshold website but true i had read maybe on citezen .ie i think, what you are saying . The problem is that even
If i stayed he would keep on showing up unnannonced.

This is how I understand it too. He is letting you know he doesn't want to rent to you within the first 6 months. This is exactly why the legislation exists.

He has told you within the first 6 months of your stay that he doesn't want to rent out to you for the next 4 years. While it is 6 months in order to give you section 4 rights he has expressed before this has occurred he doesn't want to rent to you. You don't want to stay there anyway.

I don't get what he says to you when he turns up and you had already paid the rent. Right now as you aren't paying the rent I get how he would call in.

aur

Ray Palmer wrote: »

This is how I understand it too. He is letting you know he doesn't want to rent to you within the first 6 months. This is exactly why the legislation exists.

He has told you within the first 6 months of your stay that he doesn't want to rent out to you for the next 4 years. While it is 6 months in order to give you section 4 rights he has expressed before this has occurred he doesn't want to rent to you. You don't want to stay there anyway.

I don't get what he says to you when he turns up and you had already paid the rent. Right now as you aren't paying the rent I get how he would call in.

Yes i get what you say but he calls in anyway. The thing is that i wont pay and all he can is to give a notice to tell me to leave in 28 days and to keep the deposit for rent unpaid. Thats what the site threahold says so its just the same . Of course i have to pay but i wont and thats the point im trying to make . If i do pay him . There are chances he could retain the deposit and i cant risk that as i cant afford to move after. Its no as if im staying once the 28 days are up. But the thing really is maybe i havent made myself clear enough , is can he comes knocking every night on my door until i move out? Does it say somewhere that if you own rent the landlord is legally entitled to knock in your door every night? Yeateday he knocked until 9.30 pm at differnt intervals on on the windows then stronger knock on my door. I had music on so he knew inwas there but had just came from work and i dont want to talk to him as i already said i wouldnt pay but ibwould leave end of may.

dee_mc

I'm sorry but your way of thinking seems a bit warped.
If I was your landlord and you, in effect, said to me 'I'm not paying my bills, I'm not going to pay my last month's rent in case there is any damage for which you might (as is your right) deduct money from my security deposit, but I'm going to stay until the date of termination of our contract which I've otherwise ignored', I would be knocking on your door too!
Are you seriously making out that if someone owed you money and indicated to you that they had no intention of paying you, you'd just sit back and say nothing?!
You're a grown up, would you start acting like one!
Aaaagh I give up!!!

djimi

aur wrote: »

Yes i get what you say but he calls in anyway. The thing is that i wont pay and all he can is to give a notice to tell me to leave in 28 days and to keep the deposit for rent unpaid. Thats what the site threahold says so its just the same . Of course i have to pay but i wont and thats the point im trying to make . If i do pay him . There are chances he could retain the deposit and i cant risk that as i cant afford to move after. Its no as if im staying once the 28 days are up. But the thing really is maybe i havent made myself clear enough , is can he comes knocking every night on my door until i move out? Does it say somewhere that if you own rent the landlord is legally entitled to knock in your door every night? Yeateday he knocked until 9.30 pm at differnt intervals on on the windows then stronger knock on my door. I had music on so he knew inwas there but had just came from work and i dont want to talk to him as i already said i wouldnt pay but ibwould leave end of may.

The landlord is supposed to give you a minimum of 24 hours notice if they wish to call around for any reason. Given the circumstances though I cant really see them paying much heed to that.

Ray Palmer

aur wrote: »

Yes i get what you say but he calls in anyway. The thing is that i wont pay and all he can is to give a notice to tell me to leave in 28 days and to keep the deposit for rent unpaid. Thats what the site threahold says so its just the same . Of course i have to pay but i wont and thats the point im trying to make . If i do pay him . There are chances he could retain the deposit and i cant risk that as i cant afford to move after. Its no as if im staying once the 28 days are up. But the thing really is maybe i havent made myself clear enough , is can he comes knocking every night on my door until i move out? Does it say somewhere that if you own rent the landlord is legally entitled to knock in your door every night? Yeateday he knocked until 9.30 pm at differnt intervals on on the windows then stronger knock on my door. I had music on so he knew inwas there but had just came from work and i dont want to talk to him as i already said i wouldnt pay but ibwould leave end of may.

Yes he specifically can't knock on your door every night. You equally can't decide to withhold rent and use the deposit as payment either.

No where on the threshold site does it suggest withholding rent and if threshold told you to do that they would be in serious trouble.

Can you tell me specifically what he said to you when he called to the door to collect rent when you already paid? If it was decided he would collect the rent weekly he has every right to call weekly but it should be at a time convenient to you.

It sounds like it went down hill pretty quickly with your communication and as I was not there, so there isn't really a way to tell if one person or the other is to blame or of course both.

You are now currently in the wrong refuse to pay for utilities or rent. Bringing a case against him seems petty to me and might not go your way now you refused to pay rent and utilities.

Ignoring people often makes them get madder but it is not at least partially your own fault

aur

dee_mc wrote: »

I'm sorry but your way of thinking seems a bit warped.
If I was your landlord and you, in effect, said to me 'I'm not paying my bills, I'm not going to pay my last month's rent in case there is any damage for which you might (as is your right) deduct money from my security deposit, but I'm going to stay until the date of termination of our contract which I've otherwise ignored', I would be knocking on your door too!
Are you seriously making out that if someone owed you money and indicated to you that they had no intention of paying you, you'd just sit back and say nothing?!
You're a grown up, would you start acting like one!
Aaaagh I give up!!!

Wow and how do you know i am a grown up?

dee_mc

aur wrote: »

Wow and how do you know i am a grown up?

I apologise, evidently that was a silly assumption to make!
Most people who rent, particularly alone, are adults.
I'm not going to comment anymore, I tried to give constructive advice as I sympathised with your dilemma but I really have nothing to add.
Best of luck to you and your landlord.

aur

aur wrote: »

Wow and how do you know i am a grown up?

Constructive? Id say i come here looking for help and for someone to put themselves in my situation but not the landlord situation. Which is grown up for decades already and he should know better .Anyway i know what i will do and i will text him tonight to say again that he would have to keep the deposit and its pointless to knock as i wont pay but basically from what you say a landlord has every right to knock on my door for over an hour every evening? And that waht you would do as landlord? And is is there such thing as a way of thinking? Take an extreme example if landlord aggreases physically once inopen the door if i cant pay which i believe anyone reading this would think its wrong but with your logic as we have a 'different way of thinking' that would imply that some people reading this would either think its right or either think its wrong and you would think its right. Hence my Wow

the_syco

Bleh. Tell him if he doesn't f**k off harassing you, you'll contact the Gardai and file harassment against him. And if you find him in your studio without your permission, report him for trespassing.

Is the studio a one room place, or does it have more than one room? You mention the landlord "saw the house main door was open with some paint", but unless that was the door into your studio, it means nothing.

aur

I tried to post a reply..and it buged.

Thanks to reply no its the main house but he enters the house by the back door near my door so i hear him.

I have a flat at the back of a house and the landlord has a garage . basically the garage wall is the flat wall so i hear everything.

one week end i was off for 3 days and got home earlier than usual around 5 pm and saw the landlord on the property near my door. saturday sunday monday.

the bins are near my door too and its really disguting full of flies ..i dont know it looks like as if people have holes in the bags they bins and all the tash go away. weird..right now the landlord just arrived i hear him..i dont know if he is about to take bins out but yes something he does at 9.30 pm . cnat the bin be taken out in the afternoon during the day while im away. Im genereally away from 7 am to 7pm.

anyway i lhope he wont knock.

I just left a letter to state again he keeps the deposit and paid the utility bill at least , i also said i will vacate when the termination lease is up and said the flat would be left clean as i arrived. and that he please stops showing up unnannounced and outside business hours and days and knocking on my door.

sorry for all the typos..im using my mac and it s pc at work for some reasons i cant type that well or im too fast typing i hope myenglish makes sense

discodavie

djimi wrote: »

Take a case against him with the PRTB. He is breaking some of the fundemental laws of tenancy, so maybe a judgement against him (possibly with financial implecations) might put some manners on him and teach him to respect tenancy law in future.

What laws are you referring to ?

aur wrote: »

I cant pay as i dont want to risk losing the deposit ad i need to move.

A "security" deposit is just that for security against damages to property. It very often does get used as the last months rent in his country but is not designed for that

aur wrote: »

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Thanks for all the info, the point is not about the landlords rights after what he has done and his doing. He has my deposit and god knows whether he will give it back to me. He already has more rights than i have by issuing 6 months lease so that he can tell a tenant to go without giving reason and get away by annoying you

If he was regularly knocking on your door I'd hazard a guess that he was looking to collect the rent , hardly looking to call in for a chat and a cup of tea was he ?

aur wrote: »

so im not paying simple

Thats where you began to annoy me. He has to house you and maintain the dwelling, you have to pay for it

aur wrote: »

When im off uring the week he woke me up by comjng in a garage near my flat and he would be just outaide my flat and on the property, yes doing repairs and looking after the property as he says.

So your giving out that he would be around doing the odd jobs that stop the place from falling down around you ....

I find that being on the property doing the general maintenance bumping into the tenants you get to hear about the little things that need addressing that they didnt want to ring you about

aur wrote: »

When he had to make repairs ,lthat were urgent like shower and toilet i texted him in themorning and tell him to let himself in the flat but he would reply to me until 6 or 7 pm and ask if i was home . I told him he didnt need to wait as away for 10 hours . It was like that all the time , he told me he had no keys up until he gave me the notice he finally did let himaelf in to make a repair! He is usually on the property almost everyday thats why.

Again he didnt want to create a problem for himself by being in your place unsupervised

aur wrote: »

Of course i have to pay but i wont and thats the point im trying to make . If i do pay him . There are chances he could retain the deposit and i cant risk that as i cant afford to move after.

Thats not your choice, if he doesnt give back the eposit you take him through the prtb, for which you will be given your deposit a small bit of compensation too

aur wrote: »

is can he comes knocking every night on my door until i move out? Does it say somewhere that if you own rent the landlord is legally entitled to knock in your door every night? Yeateday he knocked until 9.30 pm at differnt intervals on on the windows then stronger knock on my door. I had music on so he knew inwas there but had just came from work and i dont want to talk to him as i already said i wouldnt pay but ibwould leave end of may.

It doesnt say that he cant knock on you door which is all that he needs.

And come on for deck sake, you owe this man money, it appears that you were home as the radio and presumably the lights were on, id have been knocking solid then called the guards to come down to force entry stating that i feared for your well being (which is legal)

djimi wrote: »

The landlord is supposed to give you a minimum of 24 hours notice if they wish to call around for any reason. Given the circumstances though I cant really see them paying much heed to that.

Not quite true, 24 hours notice for inspection and any repairs inside the dwelling. If its a rent collection issue you can call every day unless arrangement made(even by txt) to pay on a certain date. Evasion by noy answering the door is no way to deal with it.


This tenant drives me up the wall, for every bad tenant there are just as many bad landlords. This lad seems to pop round most days, doing the minor jobs and keeping the place looking well, most tenants scream for landlords like that. And I'm guessing that the property is an old one and requires a fair bit of maintenance , I have a few and I'm there 2-3 days a week for bits and pieces.

I use a 6 month lease for 1 reason only to screen the tenant over a longer term , this one obvsiously wasn't worth the hassle so he's asked them to go.

the OP has a problem but its their problem as in my eyes the LL hasnt done anything wrong, pay up , find a place and move on OP

djimi

discodavie wrote: »

Not quite true, 24 hours notice for inspection and any repairs inside the dwelling. If its a rent collection issue you can call every day unless arrangement made(even by txt) to pay on a certain date. Evasion by noy answering the door is no way to deal with it.


This tenant drives me up the wall, for every bad tenant there are just as many bad landlords. This lad seems to pop round most days, doing the minor jobs and keeping the place looking well, most tenants scream for landlords like that. And I'm guessing that the property is an old one and requires a fair bit of maintenance , I have a few and I'm there 2-3 days a week for bits and pieces.

Im pretty sure that under no circumstances can the landlord continue to call around unannounced every day, but Im open to correction on that. There are procedures in place to deal with tenants who do not pay, and if the landlord wants to do things by the book, and have a hope of winning a case should it come to that, then resorting to harassment is not going to help their case.

I also disagree that most tenants would be happy with a landlord calling around every few days, for any reason. No property should require maintenance every few days; if its does then it is clearly not up to standard. As a tenant I dont want to see or hear from my landlord unless its necessary; if maintenance work is required then Ill request it, and if the landlord needs to keep calling back every few days then unless its a very serious issue I am going to question why it is not being dealt with in a timely manner.

The OP has handled this pretty poorly imo, but from what has been described it is quite clear they are dealing with a landlord who doesnt really understand tenancy law and the rights and boundaries that a tenant is entitled to expect.

Koptain Liverpool

I agree with you OP. Of course you should use your deposit as the last months rent as I'm sure your landlord would find some excuse to just keep your deposit otherwise. He sounds like a complete nutter.

the world wonders

discodavie wrote: »

And I'm guessing that the property is an old one and requires a fair bit of maintenance , I have a few and I'm there 2-3 days a week for bits and pieces

Exactly what kind of hovel are you renting that requires you to call over 3 times a week to fix stuff? The place must literally be falling apart...

Pawwed Rig

discodavie wrote: »

What laws are you referring to ?

A tenants right to peaceful enjoyment of the property?

discodavie

the world wonders wrote: »

Exactly what kind of hovel are you renting that requires you to call over 3 times a week to fix stuff? The place must literally be falling apart...

I'm there twice a week at least, once to put bins out and again the following day to bring them in. While there I check inside for any bills that have come for me or previous tenants. The other check I do on either day is check that the bulbs are working in the hall and landing, for which I don't have to go upstairs but if a bulb is gone i'd replace it straight away.

Last year I spent a fair bit of time on one place painting the railing fence outside, clearing the debris from the back yard, painting all the woodwork that's left outside as well as the hall and hall roof which brings me to an average of 3 days per week over the year.

My places are no palaces but hovels they certainly are not....

Pawwed Rig wrote: »

A tenants right to peaceful enjoyment of the property?

From the act

12.—(1) In addition to the obligations arising by or under any
other enactment, a landlord of a dwelling shall—
(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,


And lets not forget the LL's right to be paid...


Him knocking to collect rent is, at best, a grey area, at worst borderline harassment. I say borderline only because he hasn't entered the tenants property only the hallway.

as far as I can see in the act there is no provision other than the 14 day notice, but he could just claim he was trying to give that to them, pure speculation.

I do agree that the LL is not handling it right , however neither is the OP

Pawwed Rig

discodavie wrote: »

And lets not forget the LL's right to be paid...


Him knocking to collect rent is, at best, a grey area, at worst borderline harassment. I say borderline only because he hasn't entered the tenants property only the hallway.

as far as I can see in the act there is no provision other than the 14 day notice, but he could just claim he was trying to give that to them, pure speculation.

I do agree that the LL is not handling it right , however neither is the OP

That is true but whose rights take precedence? I would argue that the PRTB will back a tenants rights over a landlord any day of the week.

But yeah I pretty much agree with all you're saying here. Both have handled things badly.

Ray Palmer

Pawwed Rig wrote: »

That is true but whose rights take precedence? I would argue that the PRTB will back a tenants rights over a landlord any day of the week.

But yeah I pretty much agree with all you're saying here. Both have handled things badly.

While I agree the PRTB will probably side with a tenant it just illustrates it is not a fair system. It should be impartial

djimi

Its entirely possible that the PRTB will see both parties as being in the wrong here. How they would adjudicate I dont know, but the OP has done themselves no favours whatsoever (from a legal point of view) by withholding rent.

discodavie

Pawwed Rig wrote: »

That is true but whose rights take precedence? I would argue that the PRTB will back a tenants rights over a landlord any day of the week.

This is a skewed way of looking at the process to be honest. I've ended up in front of the board on 3 occasions once brought a tenant and twice brought by tenants.

I won each time but only because the tenant was alleging that I was "misbehaving " and once for breach of LL obligations.

(cripse I sound like a scumlord rather than a landlord ) :rolleyes:

The board expects the landlord to be aware of his obligations but gives lee way for tenants who don't know they're responsibilities which is why some LL's see it as being biased in favor of the tenant rather than the landlord having to know the laws regarding hire own business.

The_Conductor

aur wrote: »

I told threshold and they said he cannot do anything legally apart from terminating the lease and give me a 28 days notice which he already gave me. His right is to retain my deposit then. All in one ist the same as im not staying after 28 days without not paying him.

Not true.
Providing he has registered the tenancy with the PRTB, it is the landlord's perogative to take a case against you for non-payment of rent.
Meanwhile the case that you have initiated, will be torpedoed, by virtue of your non-payment of rent.

Paying your rent is not something that you can choose to shirk.

When you lodged your PRTB case- did you tell them that you didn't pay the last month's rent?

As for Threshold telling you that the landlord could do nothing legally, aside from terminating your lease, if you don't pay the rent- I'm sorry, I refuse to believe they said this to you. Most of the good people in Threshold are quite well aware of the provisions in the 2004 Residential Tenancies Act, and with the manner in which the PRTB functions. It would be an incredibly foolish person who suggests that the landlord has no comeback, save terminating the lease. He or she may choose not to pursue it- if its more trouble than its worth- however this is their prerogative- not yours.

Harassment by knocking on the door is one wrong- not paying your rent and utility bills, is quite another.

I would also question whether the strict rules governing contact apply here, as you do not have full and unimpeded use of the property- the landlord has maintained use of the garage and access etc. If in circumstances such as this- I saw a radio/tv on, and there was no reply at the door- I'd ring an ambulance as I'd presume there was something wrong with the inhabitant.

You've been given some dubious advice (or more pertinently, you've interpreted the advice you were given in a dubious manner) - which you've gone and compounded by deciding not to pay the rent.

discodavie

smccarrick wrote: »

If in circumstances such as this- I saw a radio/tv on, and there was no reply at the door- I'd ring an ambulance as I'd presume there was something wrong with the inhabitant.

I said that earlier I believe .....

djimi

smccarrick wrote: »

If in circumstances such as this- I saw a radio/tv on, and there was no reply at the door- I'd ring an ambulance as I'd presume there was something wrong with the inhabitant.

Really? I often go into the shower or whatever and leave the TV on. I sure as hell would not be impressed if I came out in towel to find my landlord and an ambulanceman standing there!

discodavie

djimi wrote: »

Really? I often go into the shower or whatever and leave the TV on. I sure as hell would not be impressed if I came out in towel to find my landlord and an ambulanceman standing there!

The way the op put it though the LL was knocking for ages and ages on the doors and windows. It would have been extreme but it may have been necessary. BTW the landlord does not have permission to open the door uninvited even for the ambulance service. He would need the Garda there for that.

If the ambulance need to break a door down it has to be done by the Garda and its my understanding that legally that's what would need to be done here (without the breaking part of course ) , but I might be wrong.

The_Conductor

discodavie wrote: »

The way the op put it though the LL was knocking for ages and ages on the doors and windows. It would have been extreme but it may have been necessary. BTW the landlord does not have permission to open the door uninvited even for the ambulance service. He would need the Garda there for that.

If the ambulance need to break a door down it has to be done by the Garda and its my understanding that legally that's what would need to be done here (without the breaking part of course ) , but I might be wrong.

The ambulance or firebrigade can break down a door if there is reason to believe there is an emergency. A Garda does not have to be present. I have gotten an ambulance to break down a door previously- I was in Dublin and my wife was at home and I feared (quite accurately as it turned out) that she had collapsed. I rang 112 and got an ambulance there. They broke down the door and found her unconscious in an upstairs bedroom. They had treated her and she had regained consciousness by the time I got there. If I know someone is present and not answering- I have called for an ambulance for other neighbours too- twice rightly, once wrongly (as in not required). Its what neighbours do for one another.

discodavie

Well I stand corrected so ,

I knew gardai and fire brigade could force access alright but I thought that because of health and safety bs that they had to get gardai or the fb to break the door etc...

aur

smccarrick wrote: »

The ambulance or firebrigade can break down a door if there is reason to believe there is an emergency. A Garda does not have to be present. I have gotten an ambulance to break down a door previously- I was in Dublin and my wife was at home and I feared (quite accurately as it turned out) that she had collapsed. I rang 112 and got an ambulance there. They broke down the door and found her unconscious in an upstairs bedroom. They had treated her and she had regained consciousness by the time I got there. If I know someone is present and not answering- I have called for an ambulance for other neighbours too- twice rightly, once wrongly (as in not required). Its what neighbours do for one another.

Wow poor wife you sound like a complete idiot. Anyway my issue is resolved now. Ive heard it was good to check on this forum for advice but it brings a bit everything. So many cooments that are out of order and no idea about my issue and like this woman put herself (i assumed it was) into my landlords shoes: yes but he has rights to be paid anyway even if he pisses you off for no reason. Im a woman and not afraid to say word as they are. For all the people who made sense thanks and for the rest just get a life. I just opened this account for that but going to close it as seeing some stuff people post on this forum is pretty disturbing and f**** up by either men or women but some would argue its fine just like for a landlord right to be paid his last month. GET REAL ii have no money to move out without the deposit so if he withhold it i wont get it right away from the PRTB.

Its pointless to argue especailly with the discodave and such that do not wish to help but that are landlords who are loitering around properties they rent all the time because they do not wish to call professionals to make repairs so they have to make the repairs all over again and for other many reasons they will give.

On the other hand Im sure you rent places with fake walls which i believe is or should be illegal espaceally asking 500/600 euso for a bedroom with walls that are made of cardboards and claiming it to be a studio?! My sister rents a studio in PARIS city center for the same price in a real building (which is another problem here as no studios in building or if they have some its 1000 euros or far off in Dublin 8) or a house would have thick walls ( you know in the 18 th century these houses had thick walls) NO one would Accept paying 600 euros for a room in a Doll House that you made up for real people? But you would argue its Dublin and there is such a high demand for places that anyone would be happy living in crap but im not and i think anyone should not be happy to have to hear a neighbous house ahower or toilet flushing or simply people talking and pay for it . If you can supply real walls a real place that feela like you are actually living inside a home and not in the streets or in a hostel dormitory then prices should be lowered down to 200 eruroa per month for 'studios' like that. Its not normal but its all another subject.

Amyway i hope i find a better place and and help myself as in candide 'il faut cultiver notre jardin' yes indeed because no one else would do it.

Pawwed Rig

There is gratitude for you. People take time out of their day to give a person advice based on their own experience:rolleyes:

As they say 'No good deed goes unpunished.'

Victor

aur wrote: »

Wow poor wife you sound like a complete idiot. Anyway my issue is resolved now. Ive heard it was good to check on this forum for advice but it brings a bit everything. So many cooments that are out of order and no idea about my issue and like this woman put herself (i assumed it was) into my landlords shoes: yes but he has rights to be paid anyway even if he pisses you off for no reason. Im a woman and not afraid to say word as they are. For all the people who made sense thanks and for the rest just get a life. I just opened this account for that but going to close it as seeing some stuff people post on this forum is pretty disturbing and f**** up by either men or women but some would argue its fine just like for a landlord right to be paid his last month. GET REAL ii have no money to move out without the deposit so if he withhold it i wont get it right away from the PRTB.

Its pointless to argue especailly with the discodave and such that do not wish to help but that are landlords who are loitering around properties they rent all the time because they do not wish to call professionals to make repairs so they have to make the repairs all over again and for other many reasons they will give.

On the other hand Im sure you rent places with fake walls which i believe is or should be illegal espaceally asking 500/600 euso for a bedroom with walls that are made of cardboards and claiming it to be a studio?! My sister rents a studio in PARIS city center for the same price in a real building (which is another problem here as no studios in building or if they have some its 1000 euros or far off in Dublin 8) or a house would have thick walls ( you know in the 18 th century these houses had thick walls) NO one would Accept paying 600 euros for a room in a Doll House that you made up for real people? But you would argue its Dublin and there is such a high demand for places that anyone would be happy living in crap but im not and i think anyone should not be happy to have to hear a neighbous house ahower or toilet flushing or simply people talking and pay for it . If you can supply real walls a real place that feela like you are actually living inside a home and not in the streets or in a hostel dormitory then prices should be lowered down to 200 eruroa per month for 'studios' like that. Its not normal but its all another subject.

Amyway i hope i find a better place and and help myself as in candide 'il faut cultiver notre jardin' yes indeed because no one else would do it.

Insults not welcome.

Moderator

discodavie

I often post up about a LL's obligations too here and on other sites , but you OP were as bad ad your LL and burying your head in the sand is no way to deal with him so a reminder that what you WANT to do and HAVE to do were poles apart in this one.

As for doing the jobs myself .... Why pay someone to do what I should be doing myself ? When it's gas / electric or major plumbing then the professionals come in but the monies tight and if I got in painters , cleaners , plumbers etc I would have to increase each tenants rent by approx 20pm to cover the cost , what would you say then.

Finally
If you didn't want to hear the truth you shouldn't have posted here to be fair.