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Group want to evict one flatmate

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  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    djimi wrote: »
    It depends on how particular the landlord is likely to be. Changing the locks would constitute a breach of lease (in most cases); it depends really how likely the landlord is to find out.

    Sort of defeats the purpose of changing the locks also if you plan to change them back at some point!

    Could bolt and chain the door front door they could easily change a mortice lock and back again,
    All depends on how they choose to carry out the deed ,ie inform the person upfront or pack his stuff and place it outside then deny access


  • Registered Users Posts: 313 ✭✭my teapot is orange


    Gatling wrote: »
    Could bolt and chain the door front door they could easily change a mortice lock and back again,
    All depends on how they choose to carry out the deed ,ie inform the person upfront or pack his stuff and place it outside then deny access

    And then he could call the guards.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    And then he could call the guards.

    His word against 3/4 others and they will say sorry sir its a civil matter ,go see your solicitor and they will need to get payed too


  • Registered Users Posts: 313 ✭✭my teapot is orange


    Gatling wrote: »
    His word against 3/4 others and they will say sorry sir its a civil matter ,go see your solicitor and they will need to get payed too

    I'm not sure that someone breaking into your room, taking your stuff and dumping it outside, and not letting you into your own home is a civil matter. I think there is a crime there. Also, the little rebel plan might work in theory, but when it comes to lying to guards, at least one of those 3/4 will bottle it.


  • Registered Users Posts: 25,940 ✭✭✭✭Mrs OBumble


    And this thread is exactly why I would never have my name on a joint lease.

    OP, social pressure to get him to want to move out is the only option. Try not to be too nasty - you want him to move, not go psycho. But nevertheless you have to be firm.


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  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    I'm not sure that someone breaking into your room, taking your stuff and dumping it outside, and not letting you into your own home is a civil matter. I think there is a crime there. Also, the little rebel plan might work in theory, but when it comes to lying to guards, at least one of those 3/4 will bottle it.

    If its not locked ,and the door is open no break in ,
    And what stuff exactly ,room was empty when we last looked ,
    Terrible thing not insuring your personal items and having an inventory ,
    Your welcome to come in and look around guard ,


  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    And this thread is exactly why I would never have my name on a joint lease.

    OP, social pressure to get him to want to move out is the only option. Try not to be too nasty - you want him to move, not go psycho. But nevertheless you have to be firm.

    .....If he's homophobic it'd be most helpful if one of the other housemates 'developed' a severe crush on him


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If they are all on the lease they are liable for his rent anyway. Better to lend it rather than pay it directly and have him argue he wasn't going to pay it so he doesnt owe you.
    Although they are all on the same lease, if the three don't pay the troublemaker's portion there will be an arrears of rent. It may be feasible for the landlord to serve a Notice of rent arrears to this one individual if the other three can prove they have paid (with prior consultation and agreement with the landlord). It just might get the troublemaker into motion.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    The landlord would just issue a notice of arrears to the leaseholders though, no? They won't care that one party is to blame. Can the landlord even deal with one party separately? I didn't think they could.


  • Registered Users Posts: 1,663 ✭✭✭MouseTail


    djimi wrote: »
    The landlord would just issue a notice of arrears to the leaseholders though, no? They won't care that one party is to blame. Can the landlord even deal with one party separately? I didn't think they could.

    No, and they will have no notion of doing so. You are all adults, you need to sort it out yourselves.


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  • Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    Gatling wrote: »
    His word against 3/4 others and they will say sorry sir its a civil matter ,go see your solicitor and they will need to get payed too

    So the gards will just drive on and assume what? That he doesn't live there and is tying to break in.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    So the gards will just drive on and assume what? That he doesn't live there and is tying to break in.

    They can assume whatever the want; its a civil matter and I doubt they will get involved unless there is a disturbance of the peace (do we even have that over here or have I gotten it from American TV?!!)


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    So the gards will just drive on and assume what? That he doesn't live there and is tying to break in.

    No 99% will tell him its a civil matter ,and there hands are tied and they can't force people through doors this comes from personal experience ,slightly different circumstances to what the op is going through ,
    It would take a court order for that to happen and been the stingey git won't pay his rent or bills he won't go that route ,
    They have plenty of options to choose from how they sort this out they just have to make a stand,


  • Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    djimi wrote: »
    They can assume whatever the want; its a civil matter

    And if the kicked out housemate kicks in the front door its still a civil mater or does it become criminal damage?
    I don't see it remaining a civil matter for more than a few minutes.


  • Registered Users Posts: 37,299 ✭✭✭✭the_syco


    Is it possible to get a new lease, minus the idiot, drawn up with the landlord, if you're not on a fixed one year lease?
    Gatling wrote: »
    It would take a court order for that to happen and been the stingey git won't pay his rent or bills he won't go that route
    I find the stingy ones the ones that may claim free legal aid to get money out of ye...

    Have any of ye somewhere else you could stay? Call his bluff. Everyone move out two days before the rent is due, and tell him he'll have to pay the full amount. Have someone keep an eye on the place for any parties, and ring the police for civil disturbances if there are (to ensure the idiot doesn't wreck the place).


  • Registered Users Posts: 18 GoldieLocks99


    And if the kicked out housemate kicks in the front door its still a civil mater or does it become criminal damage?
    I don't see it remaining a civil matter for more than a few minutes.

    You are allowed to kick in your own door if you are locked out :)

    Landlord might contend its his door in this case, so the person is entitled to call the landlord and get the landlord to let them in. Landlord then has to get the door open and let the tenant in.

    Imagine how stupid they would all look then.


  • Registered Users Posts: 18 GoldieLocks99


    The reality is that if the rest of you are prepared to lose your deposit and move out that nothing else will happen to you.
    Thats what you might have to do as you really cant get that person evicted on their own. They have exactly the same rights as the rest of you in that house.
    Its not worth the costs for you or the landlord to go the legal route. And the person seems to be very uncooperative anyway.

    I think if it was me i would take the easy option. Move out, tell no one and give up your deposit. Its tough on the landlord, but legally, though he may have some rights, he actually has no economical way of chasing you. So wont chase you.


  • Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    You are allowed to kick in your own door if you are locked out :)

    Landlord might contend its his door in this case, so the person is entitled to call the landlord and get the landlord to let them in. Landlord then has to get the door open and let the tenant in.

    Imagine how stupid they would all look then.

    He could be prosecuted for criminal damage if the gards establish that he is not the owner. I don't see how they could pass it off as a civil matter when people inside will maintain that they don't want him in.


  • Closed Accounts Posts: 3,284 ✭✭✭Chattastrophe!


    Some very extreme suggestions here! :eek:

    Why not start by all sitting down with the guy together, and telling him that none of you want to live with him anymore. Suggest a reasonable period of notice, to give him time to find a new place, and let him know that you've got someone to take his place and assure him that he'll be given their deposit in lieu of his own.

    Obviously this should all be cleared with the landlord in advance - it's unlikely to be a problem though, once they continue to be paid their rent in time.

    I really doubt there are many people out there who would try to refuse to move out of a houseshare after being told no one wants them there. Who WOULD want to stay on after that?! Just try to be sympathetic to them, and leave it as a "personality clash" rather than listing out reasons and accusations ... keep it all as calm and civil as possible.

    Worth a try anyways ...


  • Hosted Moderators Posts: 23,092 ✭✭✭✭beertons


    Ask the landlord for a new lease, an updated one. Voila, his name is off it.


    Happened in a house i was in a few years ago. Was 4 names on lease. Hocus pocus, new lease had just the one name.


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  • Closed Accounts Posts: 2,592 ✭✭✭drumswan


    beertons wrote: »
    Ask the landlord for a new lease, an updated one. Voila, his name is off it.


    Happened in a house i was in a few years ago. Was 4 names on lease. Hocus pocus, new lease had just the one name.

    Nonsense, the old lease doesn't just disappear, it's a contract that is still in effect.

    Despite the posts from people who know nothing about the law regarding renting, there is nothing the op can do here


  • Registered Users Posts: 9,060 ✭✭✭Kenny Logins


    turbot wrote: »
    OP, to state the obvious, have you tried simply all asking this person to leave?

    :eek:

    I say nuke the entire site from orbit.


  • Registered Users Posts: 18 GoldieLocks99


    He could be prosecuted for criminal damage if the gards establish that he is not the owner. I don't see how they could pass it off as a civil matter when people inside will maintain that they don't want him in.

    What people think will happen and what actually happens are totally different things.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    He could be prosecuted for criminal damage if the gards establish that he is not the owner. I don't see how they could pass it off as a civil matter when people inside will maintain that they don't want him in.

    Locking the tenant out would be a civil matter. Obviously if he were to subsequently break any laws then it would become a matter for the Gardai, but they are not going to get involved in what is essentially an arguement between a group of friends.


  • Closed Accounts Posts: 4,042 ✭✭✭zl1whqvjs75cdy


    Have we suggested rolling him up in a carpet and throwing him off a bridge?


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    Have we suggested rolling him up in a carpet and throwing him off a bridge?

    That would be murder maybe manslaughter ,

    Then again he's in debt to a group of people and laughing at them


  • Registered Users Posts: 9,060 ✭✭✭Kenny Logins


    Have we suggested rolling him up in a carpet and throwing him off a bridge?

    Who pays for the carpet?


  • Registered Users Posts: 60 ✭✭mrnobodyfan87


    Hello all,

    This is on behalf of a group of us with a problem - we've all been living in a flat together (we're all on the lease, I know this makes things much more difficult), but all of us are finding one of our flatmates excessively difficult to live with. It's gone from everyday laziness to worse. They constantly waste our electricity, our heat and all our food (without replacing it), as well as not being able to pay for this excess, all of us have already had to sub them for the rent, while this person wastes money on expensive things.

    We feel really let down because all of us really put the effort in to make our place tidy and nice to live in, yet constantly come back to see the place a mess, with dishes in the sink for days on end, our (small enough as it is) fridge overloaded with their out of date, mouldy food. If we leave this person alone in the flat, the electricity bill almost doubles. It's becoming really difficult to live with and we don't know what to do. We've already tried raising these issues but every time we do, this person just gets angry and defensive (they're pretty much like this all the time to begin with).

    We really don't know what to do, and it's made worse by the fact that all of us know someone else who would deserve to live there more. None of us want to move out, this person just has no respect for the effort we put in and we don't know how to go about fixing the situation. We've tried being patient, we've tried confrontation but nothing has changed.

    HELP!!!!

    I bet you can't prove the difference in the electricity bill is the result of the person in question.

    You just want your mate to be able to move in, don't you? :P


  • Closed Accounts Posts: 1,153 ✭✭✭Shakti


    Hard to not feel sorry for a guy who has had this much insinuation and abuse posted on the net about him behind his back,
    I wouldn't be queuing up to live with any of you,


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