Breaking the lease due to domestic violence

Pam_x_Pam

Hi,
I have rented a property with my boyfriend and our friend T at the end of June 2013. in September 2013 another guy moved in after agreeing it with landlord verbally ( myself and my boyfriend werent aware of this untill the guy moved). This new person has been extremely abusive towards me. After contacting the Gardai and they advised me I should move out for my own benefit and peace of mind. They also told me I could write a lease termination letter due to domestic violence. I have done so. My question is, can i ask my landlord to give me back my deposit? I am aware I am breaking the lease but it is out of my control and the reasons are serious. If the landlord doesnt agree to give me back my deposit can i go directly to PRTB and ask for help in resolving the dispute? Or does the landlord have a right to keep the deposit?

Any help will be greatly appreciated

djimi

When you say you are renting a property, do you mean you have the lease for the whole property, or you are renting a room? If you are renting the whole property then the landlord has absolutely no right to move anyone else in; its your property. The other person is basically trespassing in your home.

Regardless, if you feel that there is a threat to your safety then your first concern should be to move out of the property and find somewhere safe to live. Worry about the landlord afterwards. Im not an expert on this, but if this person has been brought into the property by the landlord then I dont see any reason why you should have an issue terminating your lease if they pose a threat to your safety.

Pam_x_Pam

Myself my boyfriend and friend T are on the lease for the entire house.

See the guy X that moved it after agreeing it verbally with landlord is a friend of T.
We weren't told anything about that guy till after first time he got abusive towards me and caused a distress.

Myself and boyfriend have found other place to live and we are moving after new years.

To be honest I dont really care for the deposit i just want to get out of this place, and finally feel save. But if i could get it back i wont say no

djimi

Are you saying that T and this other bloke arranged it with the landlord behind your back? Or that none of you (even T) knew anything about it until after he had moved in?

Pam_x_Pam

from what i have gathered T and the other guy arranged it behind our back...but I am not sure what did they say to the landlord...

GarIT

The landlord moved someone else in, did this reduce your rent? If the lease wasn't resigned or anything and you didn't agree to the other person moving in you are probably entitled to your deposit, rent since the person moved in and compensation.

Pam_x_Pam

The rent was 600euro between 3 people so each of us paid 200euro. Ever since they guy moved in nothing changed... myself and boyfriend were still paying 200euro each, not sure about friend T.
As far as I am aware we are not registered with PRTB (never got the letter nor we are on register) and we never agreed to the guy moving in. Also the new guy isnt even on the lease as this wasnt re-wrote.

Do you recon i should first ask the landlord or go directly to PRTB?

dobman88

If he is being abusive why doesn't your boyfriend tell him to back off?

Pam_x_Pam

dobman88 wrote: »

If he is being abusive why doesn't your boyfriend tell him to back off?

he did many times. didnt help. One night after he brought drugs to the house and my boyfriend told him to leave he went mental and hit me. The gards were called but the guy left the house before they arrived and gards couldnt do much other than tell me i should move out

djimi

Have you contacted the landlord about this and made them aware of the situation with the violence and the fact that you were not aware of the arrangement?

Was the original lease ever amended? If this person was to formally move in then they would need to be added to the lease, which would presumably mean you all having to sign an updated document. They cannot have their own lease (verbal or otherwise) on a property which you hold the lease to.

I would suggest contacting Threshold and seeing what they reckon. If youre not bothered about the deposit then move out to safety first, and take a case with the PRTB afterwards. Before you move out give some sort of written termination notice (7 days where your safety is at risk) and outline your reasons. Keep a copy for yourself. This will cover your back if nothing else.

djimi

Pam_x_Pam wrote: »

Do you recon i should first ask the landlord or go directly to PRTB?

Go to the landlord first, absolutely. Sit down with them and make them aware of everything that has gone on.

Without an amended lease this guy basically has no legal right to be in the property.

I would say you now also have an issue with your friend T who brought this individual into your home. Dealing with him might be harder than dealing with the new guy.

Pam_x_Pam

djimi wrote: »

Have you contacted the landlord about this and made them aware of the situation with the violence and the fact that you were not aware of the arrangement?

Was the original lease ever amended? If this person was to formally move in then they would need to be added to the lease, which would presumably mean you all having to sign an updated document. They cannot have their own lease (verbal or otherwise) on a property which you hold the lease to.

I would suggest contacting Threshold and seeing what they reckon. If youre not bothered about the deposit then move out to safety first, and take a case with the PRTB afterwards. Before you move out give some sort of written termination notice (7 days where your safety is at risk) and outline your reasons. Keep a copy for yourself. This will cover your back if nothing else.

I told the landlord in a text (i know stupid) but never got the respond.
The lease wasnt updated and we havent signed anything new.
i have a letter of termination wrote already, wil details about the reason.
We will be moving out right after new years either way. My safety is more important than few quid. I will contact Threshold after xmas (they open on the 2nd) and see what they have to say.

Thanks you so much everyone.

Pam_x_Pam

djimi wrote: »

Go to the landlord first, absolutely. Sit down with them and make them aware of everything that has gone on.

Without an amended lease this guy basically has no legal right to be in the property.

I would say you now also have an issue with your friend T who brought this individual into your home. Dealing with him might be harder than dealing with the new guy.

I will try get hold of the landlords mother as the owner is currently in Australia..

My boyfriend spoke to T numerous of times and he "tried" to do something (not really) but it didnt change much.

djimi

Is the landlords mother acting as an agent for them? Have you dealt with her in the past, or were you ever formally informed that she would be taking over managing the tenancy? If not, and if this person dealt with her and not the landlord, then it puts them on even less of a legal footing.

Pam_x_Pam

We signed the lease in her presence... the owner wasnt there... then he came back and said to deal with him form now on.... and about week or two ago he texted saying he is leaving for Australia and to reach him on this number.

ABajaninCork

I'd make a call to Threshold first to establish what rights you may have.

I would then ask the Gards for a copy of the report you made when the scumbag hit you. I would then put everything that happened down in a LETTER (not text or e-mail), attaching a copy of the Gard report if you can get it. Send it via registered post to the LL detailing exactly why you needed to move out and requesting the return of your deposit. I'd also send a copy via the same method to the LL's mother as she is the one who witnessed your lease.

I would also ask T and the LL why the other person was brought into the house without informing you and your boyfriend who were the tenants.

Hope it works out for you.

Pam_x_Pam

ABajaninCork wrote: »

I'd make a call to Threshold first to establish what rights you may have.

I would then ask the Gards for a copy of the report you made when the scumbag hit you. I would then put everything that happened down in a LETTER (not text or e-mail), attaching a copy of the Gard report if you can get it. Send it via registered post to the LL detailing exactly why you needed to move out and requesting the return of your deposit. I'd also send a copy via the same method to the LL's mother as she is the one who witnessed your lease.

I would also ask T and the LL why the other person was brought into the house without informing you and your boyfriend who were the tenants.

Hope it works out for you.

Thanks. I will defo ring Threshold when they open up again and will contact gards to see if i can get anything
Thank you so much for your help

DoozerT6

OP, in the meantime is there anybody else you could stay with until you move out? Surely a friend might accommodate you in the circumstances....I'd rather sleep on someone's couch than fear for my safety like that. Pack a small bag, lock your bedroom door and just leave. Avoid any contact whatsoever with T. from now on. Your boyfriend may have to make his own arrangements for emergency accommodation as it is easier to put up one person for a week or two, than a couple....

Pam_x_Pam

DoozerT6 wrote: »

OP, in the meantime is there anybody else you could stay with until you move out? Surely a friend might accommodate you in the circumstances....I'd rather sleep on someone's couch than fear for my safety like that. Pack a small bag, lock your bedroom door and just leave. Avoid any contact whatsoever with T. from now on. Your boyfriend may have to make his own arrangements for emergency accommodation as it is easier to put up one person for a week or two, than a couple....

We are actually stayin with my parents from 20th of December till 2nd of January and then they are coming up with us to get the key to new place and help us move thank you for your concern and help

DoozerT6

Pam_x_Pam wrote: »

We are actually stayin with my parents from 20th of December till 2nd of January and then they are coming up with us to get the key to new place and help us move thank you for your concern and help

I'm glad to hear it Please do not venture into that house again unless absolutely necessary, and only if you can ensure that T is out.

I had a similar situation once myself - not domestic violence, but unpleasantness which led to me landing on a friend's doorstep with my toothbrush for a few nights stay and moving out of the place I was living very swiftly. Fortunately the landlord was understanding when I told him the story and agreed that the situation was unacceptable. He refunded my full deposit.

No situation like that is worth your mental health We've all had housemates from hell - cut your losses and move on with a new perspective.

Pawwed Rig

From reading here it would seem to me that you can force the guy to move out as he is not a legal tenant having said that the information you have provided is sketchy so best to get a bit of legal advice on it first.
I would also follow up with the Gardai as they can do alot more than they have done. they can still arrest the guy for assault.

Pam_x_Pam

Pawwed Rig wrote: »

From reading here it would seem to me that you can force the guy to move out as he is not a legal tenant having said that the information you have provided is sketchy so best to get a bit of legal advice on it first.
I would also follow up with the Gardai as they can do alot more than they have done. they can still arrest the guy for assault.

Gards told me they cant do much as the guy wasnt there when they came...

Pawwed Rig

Pam_x_Pam wrote: »

Gards told me they cant do much as the guy wasnt there when they came...

That is rubbish though. If you filed a complaint for assault and had witnesses they can arrest and charge him. I would ask to speak with the superintendent of the relevant station to ask why his employees are not doing their job.

the_syco

Pam_x_Pam wrote: »

We signed the lease in her presence... the owner wasnt there... then he came back and said to deal with him form now on.... and about week or two ago he texted saying he is leaving for Australia and to reach him on this number.

If I were ye, I'd treat the owners mum as the landlord in that case.

No Pants

Pam_x_Pam wrote: »

Gards told me they cant do much as the guy wasnt there when they came...

Jaysis, that's even worse than "that's a civil matter."