landlord threatening to sue

daddyorchips · 10-07-2013 1:57pm #1

Hi guys I really need advice I hope I can post here, so we moved out of a house where we had no lease and paid in cash( it was a mistake I know) we moved out and left the esb bill outstanding which I did offer to pay and a bit of rubbish in the garage again I offered to pay to have it removed which without a lease I do not believe I am obliged to pay but none the less I happily will pay. But today we got a text threathing legal proceedings for much more than I believe is owed what can I do ? Will the former LL have a leg to stand on ? I know my punctuation is awful

Grolschevik · 10-07-2013 2:18pm

daddyorchips wrote: »

Hi guys I really need advice I hope I can post here, so we moved out of a house where we had no lease and paid in cash( it was a mistake I know) we moved out and left the esb bill outstanding which I did offer to pay and a bit of rubbish in the garage again I offered to pay to have it removed which without a lease I do not believe I am obliged to pay but none the less I happily will pay. But today we got a text threathing legal proceedings for much more than I believe is owed what can I do ? Will the former LL have a leg to stand on ? I know my punctuation is awful

Paid in cash and no lease screams tax avoidance to me. If so, I'd say it's unlikely the landlord will really want to take it through official channels. So a threatening text is just that: a threatening text.

If you get a solicitor's letter, it might be an indication he's going to pursue the matter.

3DataModem · 10-07-2013 2:18pm

daddyorchips wrote: »

Hi guys I really need advice I hope I can post here, so we moved out of a house where we had no lease and paid in cash( it was a mistake I know) we moved out and left the esb bill outstanding which I did offer to pay and a bit of rubbish in the garage again I offered to pay to have it removed which without a lease I do not believe I am obliged to pay but none the less I happily will pay. But today we got a text threathing legal proceedings for much more than I believe is owed what can I do ? Will the former LL have a leg to stand on ? I know my punctuation is awful

Perhaps pay the ESB bill and clean up the rubbish?

daddyorchips · 10-07-2013 2:26pm

3DataModem wrote: »

Perhaps pay the ESB bill and clean up the rubbish?

I have offered and was told no I have not got the esb account info as it was in his name, and I do not want to trespass on the premises either

daddyorchips · 10-07-2013 2:29pm

Grolschevik wrote: »

Paid in cash and no lease screams tax avoidance to me. If so, I'd say it's unlikely the landlord will really want to take it through official channels. So a threatening text is just that: a threatening text.

If you get a solicitor's letter, it might be an indication he's going to pursue the matter.

he said and I quote " I dont declare tax on this place because i will have to pay 40 % percent of it to the tax man". But should i take these threaths seriously ?

inforfun · 10-07-2013 2:35pm

My first landlord after arriving here in Ireland was a similar chancer.
Didnt declare a thing, didnt pay me back my deposit because "show me the paper you paid it to me" (I had taken over the room from someone and had paid the deposit to that person)

Came to me with bills which i was ok with but only to be taken out of my deposit.

Started threatening me with saying: "I will get my money, no matter what"

And then i was fed up and reported his ass to revenue.

Cowboys.

wexie · 10-07-2013 2:35pm

daddyorchips wrote: »

he said and I quote " I dont declare tax on this place because i will have to pay 40 % percent of it to the tax man". But should i take these threaths seriously ?

What's he threatening to sue over? The ESB bill? That was in his name? That he has no way of proving you're responsible for? As for all intents and purposes as far as the powers that be are concerned the house isn't being rented?

Would be very interesting to see him explain that one in court.
I wouldn't worry too much quite yet.

aaakev · 10-07-2013 2:38pm

daddyorchips wrote: »

he said and I quote " I dont declare tax on this place because i will have to pay 40 % percent of it to the tax man". But should i take these threaths seriously ?

If it was me id tell him to **** off now and ignore him, he was not paying tax and the bill is in his name so he is liable for it. He sounds like a prick so i would treat him accordingly after refusing your offer

Rega · 10-07-2013 2:38pm

The idiot can't take legal action as it'll expose his tax fraud. If he bothers you again tell him you'll contact the necessary authorities unless he leaves you alone. You've made a valid effort to pay what you owe. He's trying to fleece you for more. Fcuk him!

I am pie · 10-07-2013 2:42pm

Tell him to buy himself a nice suit and you'll see him in court. He is trying to intimidate you.

Pay nothing, say nothing and do nothing in the meantime. I guarantee you'll he will disappear soon enough. Do not let him intimidate you.

Cody Pomeray · 10-07-2013 2:47pm

daddyorchips wrote: »

we moved out of a house where we had no lease and paid in cash

Was your tenancy registered with the PRTB? You would have got a letter from the PRTB providing you with a registration number.

daddyorchips wrote: »

we moved out and left the esb bill outstanding which I did offer to pay

1. In whose name is the ESB bill, why is this the concern of a Landlord?
2. Who did you offer to pay the bill to, and what did they say?

and a bit of rubbish in the garage again I offered to pay to have it removed

You offered the landlord this? What was his response?

daddyorchips · 10-07-2013 2:48pm

Thanks for the advice guys,one question if he pays the tax on it now what can I do ? I do have reciepts for rent.

daddyorchips · 10-07-2013 2:54pm

Cody Pomeray wrote: »

Was your tenancy registered with the PRTB? You would have got a letter from the PRTB providing you with a registration number.

1. In whose name is the ESB bill, why is this the concern of a Landlord?
2. Who did you offer to pay the bill to, and what did they say?

You offered the landlord this? What was his response?

the esb bill is in his name, and I was told I could not enter the garage to clean the rubbish and I obliged with the request as I do not want a charge of criminal trespassing

wexie · 10-07-2013 2:54pm

daddyorchips wrote: »

Thanks for the advice guys,one question if he pays the tax on it now what can I do ? I do have reciepts for rent.

He won't, it'd be like voluntarily going to Revenue and saying :

Oh yeah, actually I've been dodging taxes for a while and I'd like to settle up with you guys.

Chances are it'd cost him an awful lot more than he's sueing you for.

daddyorchips · 10-07-2013 3:01pm

wexie wrote: »

He won't, it'd be like voluntarily going to Revenue and saying :

Oh yeah, actually I've been dodging taxes for a while and I'd like to settle up with you guys.

Chances are it'd cost him an awful lot more than he's sueing you for.

that's good advice guys if he does take us to court what are our chances ?

Cody Pomeray · 10-07-2013 3:03pm

daddyorchips wrote: »

the esb bill is in his name

Ah ok, then yes he has an interest in pursuing you for what he feels you owe him. Had you paid any money to the landlord on foot of previous ESB bills?

and I was told I could not enter the garage to clean the rubbish and I obliged with the request as I do not want a charge of criminal trespassing

How did the rubbish get in there? Did the landlord put it there or a tenant?

You didn't mention whether the tenancy is registered with the PRTB, do you know whether it is registered?

melekalikimaka · 10-07-2013 3:08pm

if the account is not in your name, it is not your bill.

daddyorchips · 10-07-2013 3:12pm

melekalikimaka wrote: »

if the account is not in your name, it is not your bill.

I do realise it is not my bill but out of courtesy I offered to pay for the units of electricity that we used since that was refused I am no longer open to paying the bill or clearing the rubbish which yes i did leave there but had offered to clean up.

daddyorchips · 10-07-2013 3:14pm

Cody Pomeray wrote: »

Ah ok, then yes he has an interest in pursuing you for what he feels you owe him. Had you paid any money to the landlord on foot of previous ESB bills?

How did the rubbish get in there? Did the landlord put it there or a tenant?

You didn't mention whether the tenancy is registered with the PRTB, do you know whether it is registered?

the tenancy was not registered he is threatining portlaoise court which I thought was criminal but it could be district and if he has an interest to pursue me for the esb bill why decline my offer to pay ? Is it for dramatic effect ?

caff · 10-07-2013 3:17pm

Did the owner live in the house ? In which case he could rent a room and not pay tax if the rent is under 10k a year, also the PTRB wont care about him either. If he doesn't live in the house then the below could help.

Report him to the PTRB, they will pursue him for about 5k I understand.

Report him to revenue, he could have other properties so they will audit his accounts.

zl1whqvjs75cdy · 10-07-2013 3:19pm

Ha he sent you a text admitting tax avoidance? Tell him to **** off, he's hung himself.

Cody Pomeray · 10-07-2013 3:22pm

daddyorchips wrote: »

the tenancy was not registered he is threatining portlaoise court which I thought was criminal but it could be district and if he has an interest to pursue me for the esb bill why decline my offer to pay ? Is it for dramatic effect ?

A landlord is legally obliged to register his residential tenancies with the PRTB, presuming they come under the scope of the 2004 Act.

Anybody who comes across the humble landlord who is unaware of this fact ought to convey this information to the landlord forthwith.

I suspect the landlord will be so overcome by his innocent mistake that he will be stunned into inaction.

Alternatively you can inform the pRTB

enforcement@prtb.ie

daddyorchips · 10-07-2013 4:14pm

caff wrote: »

Did the owner live in the house ? In which case he could rent a room and not pay tax if the rent is under 10k a year, also the PTRB wont care about him either. If he doesn't live in the house then the below could help.

Report him to the PTRB, they will pursue him for about 5k I understand.

Report him to revenue, he could have other properties so they will audit his accounts.

no he did not live in the house and is the fact that I did not have a lease going to mean anything to the prtb ?

caff · 10-07-2013 4:58pm

daddyorchips wrote: »

no he did not live in the house and is the fact that I did not have a lease going to mean anything to the prtb ?

The wont care about the lack of a lease. Report him as per Cody's post above.

billy few mates · 10-07-2013 5:06pm

So without a lease all you had was a verbal agreement and as I'm sure you're well aware 'a verbal agreement isn't worth the paper it isn't written on...!' :rolleyes:

I wouldn't worry too much about this, it's definitely not something he would ever want to bring to court, he has far more to lose if this 'comes to light' than you have.

The ESB bill is in his name, its his problem...
The tenancy wasn't registered with the PTRB, that's his problem if you tell them....
He didn't declare the income to the tax office, that's his problem if you tell them...

Tell him if he doesn't stop harassing you over this matter you're going to report him to the PTRB and Revenue....

Citycap · 10-07-2013 5:06pm

daddyorchips wrote: »

I have offered and was told no I have not got the esb account info as it was in his name, and I do not want to trespass on the premises either

This is a perfect example of bullying and bluffing by the landlord.
No judge would entertain this in court. No receipts, no lease, rent paid in cash. ESB account in the landlords name!
ESB can only prosecute the account holder.
Time to tell the landlord that you want no further contact with him and if he wishes to pursue it legally then do so.

4th horsemen · 10-07-2013 5:24pm

You offered to pay esb and the rubbish, and he refused, that is his loss.
Bill not in your name, not your problem.
No tenant agreement or contract of tenancy signed: Solicitor will tell him not to proceed with court
And the biggest one, Not paying Tax!!! It is him who should be afraid of you reporting him to revenue etc. He would be in serious ****.

So as mentioned, Tell him to p.ss off or you will be seeking legal advice and mention to him about not paying TAX and U'll be checking with revenue if he does not leave you alone.

Contact www.threshold.ie they will inform you of your rights and how wrong he is!

Did you pay a deposit? did you get it back?

carpejugulum · 10-07-2013 5:29pm

Report him. It's your civil duty.

I am pie · 10-07-2013 5:31pm

Send him a text saying "Save your breath to cool your porridge, see you in court"

I guarantee that will be the last you hear of him.

No Pants · 11-07-2013 7:45pm

Report him to Revenue. Report him to PRTB. Do nothing else until a solicitor's letter arrives. Then you may engage once more by asking him to prove you owe money, such as seeing a copy of the ESB Bill (I assume you took final meter readings when moving out) and details of the rubbish and the cost to move it.

I think he'll be too busy after the first two sentences to bother with you.

daddyorchips · 11-07-2013 8:31pm

Hi guys, thanks to everyones advice the landlord has backed down and will no longer be bothering us and I am also happy to say we moved in to an amazing house yesterday

wexie · 11-07-2013 8:38pm

daddyorchips wrote: »

Hi guys, thanks to everyones advice the landlord has backed down and will no longer be bothering us and I am also happy to say we moved in to an amazing house yesterday

Woohoo!!!!!

Glad to hear it worked out well.

aaakev · 11-07-2013 9:08pm

daddyorchips wrote: »

Hi guys, thanks to everyones advice the landlord has backed down and will no longer be bothering us and I am also happy to say we moved in to an amazing house yesterday

Nice one!

Lantus · 11-07-2013 10:47pm

daddyorchips wrote: »

that's good advice guys if he does take us to court what are our chances ?

He wont, bullys work on threat and the more you react the more he feels like he can pull your strings. As you have moved out cut all contact. Do not and I stress, DO NOT reply to anything he sends you. Ignore him and anything he says.

You paid cash and its not Prtb registered, esb bill is in his name. Its not your repsonsibility. Silence is your weapon. You have nothing to worry about.

Mounting a court case will cost him hundreds if not thousands. He will do this without any contract to prove anything, a bill in his name which he has not paid and as many have said exposing his tax fraud which will likley cost him tens of thousands if he gets caught.

Move on and next time use a better landlord.

Can i take you to court because you hadn't paid my mobile phone bill? what if I claimed you had rented it off me for 12 months but there was no evidence or proof. yeah right.....

daddyorchips · 12-07-2013 8:41am

I am pie wrote: »

Send him a text saying "Save your breath to cool your porridge, see you in court"

I guarantee that will be the last you hear of him.

if I could say it like brad Pitt in snatch it would sound funnier

daddyorchips · 12-07-2013 8:45am

Lantus wrote: »

He wont, bullys work on threat and the more you react the more he feels like he can pull your strings. As you have moved out cut all contact. Do not and I stress, DO NOT reply to anything he sends you. Ignore him and anything he says.

You paid cash and its not Prtb registered, esb bill is in his name. Its not your repsonsibility. Silence is your weapon. You have nothing to worry about.

Mounting a court case will cost him hundreds if not thousands. He will do this without any contract to prove anything, a bill in his name which he has not paid and as many have said exposing his tax fraud which will likley cost him tens of thousands if he gets caught.

Move on and next time use a better landlord.

Can i take you to court because you hadn't paid my mobile phone bill? what if I claimed you had rented it off me for 12 months but there was no evidence or proof. yeah right.....

I dont really know why I thought he would get away with it, I sent him one last text after he text me last night telling him to f#£k off

Pat Mustard · 13-07-2013 4:41pm

daddyorchips wrote: »

I dont really know why I thought he would get away with it, I sent him one last text after he text me last night telling him to f#£k off

You can probably block his phone calls and texts from the settings in your phone, or if you can't, there's an app for that.

HurtLocker · 13-07-2013 4:50pm

Report him to revenue. Let him know you have reported him to revenue. That should give him something to occupy his time with rather than threaten you. You'll never get a threatening text off him again.

landlord threatening to sue

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