Dublin City Council and Private Management breach of contract

Sarah Duffy

I was giving a Transfer from my old Dublin city council flat back in March 2009 to a brand newapartment that the council bought from a private management company but duringMay 2013 I decided to adopt a small dog cause it states on my DCC tenancyagreement that I can own a dog in my apartment however within 12 hours of bringthe dog in to my apartment I was approached by the private management companywho threatened me with breach of their contract they had with Dublin citycouncil but after telling the private management company they have Notting todo with me and had a tenancy agreement with my landlord Dublin city council thatallowed me own a dog I received several letters from the private management solicitorsthreatening me with eviction if I did not fully comply with the management’s complexrules, so after six weeks of continuous writing letters backand forth there solicitors I began receivingthreaten letters from the DCC law department stating I was in breach of my tenancyagreement even though my agreement said I can own a dog without the written permissionof the council

Well Iargued with both the council and management solicitors for well over four months on till I finally asked to see the headlease between the council and private management company, the management companyrefused me the head lease but I received two copies from my landlord the Dublincity council which after having analysed by a tired party found that the Dublincity council forgot to have both myself and another five tenants who live inthe complex sign a private management statement that we would comply to all themanagement house rules while on the day we signed out tenancy agreement thereforeleaving the council in deep **** with the private management who then tooklegal action against the council for breach of contract, and to make mattersworse the council couldn’t force myself and the other DCC tenants to sign afterliving in the apartments for several years, so seeing the council placed themself’s in to a serious situation of being sued for breach of contract they toldme I had two opinions, one was to voluntary get rid of my dog or second couldexcept a transfer out of my apartment therefore ending the breach of contract soseen I wasn’t going to banding my dog I chose to be transfer however seen the council messed up my tenancyagreement and didn’t want me going to the media cause it would cause serious ifnot damaging problems for the council they offered me a two bedroom apartment insteadof a one bedroom apartment which I was living in at the private complex andeven though I view the two bedroom apartment before surrounding my apartmentand taking tenancy to my new apartment, I moved in last Friday morning are noticedthere was raw sewage running down outside my bedroom wall which are veryconcerned about in relation to human excrement, I contacted the DCC and they more less told meto F##off and live with it

I also foundout this morning that one of my neighbours who lived underneath my apartment at theprivate complex who has owned a dog for three years before I got my dog is notonly staying in his DCC apartment but is also allowed keep his dog but yet Iwas threatened by the both the private management and Dublin City Council toleave my apartment, my dog is house trained and cause no annoyance and nuisance,I have never being in trouble with the law, don’t drink, don’t smoke or takedrugs, I am a very quite person who keeps mainly to myself and would ask if anyoneon this board could give some good advice

sawdoubters

l would d get rid of the dog,


http://www.citizensinformation.ie/en/housing/local_authority_and_social_housing/notice_to_quit_and_eviction.html

Sarah Duffy

I never received a notice to quite or notice of eviction and as for the dog, it ant the dogs fault it’s the council’s fault for messing up my tenancy agreement before I signed for the apartment back in 2009 and the council never knew what they did on till I had a tired party analyze the head lease just five weeks ago and found the council ****ed up, I am within my right to own a dog, the council admitted that but due to them being sued by a private management company for breach of contract I am stating to believe the council misinformed me about the new apartment in either to get me to surrender and sign a new tenancy agreement to get them self’s of the hook

Zaph

Moved from Forum Requests

Sarah Duffy

Why was my request moved from the forum

Paulw

Let me try to understand this - you are living in a council run unit that is part of a development which has a management company?

If so, the rules of the management company must apply. They supersede any clauses in your council contract. The council should have informed you of this and should have furnished you with a copy.

Your previous contract is irrelevant.

Your choices are simple - remove the dog, or face being evicted. Sorry.

Bepolite

I'd simply get the new flat sorted out. If there is sewage running down the walls then they will have to do something. You seem adept at getting them to fix things, I'd start writing letters again.

Sarah Duffy

Found out what went wrong at my apartment which left me having to transfer out to another DCC apartment, the Dublin city council senior solicitor was calling all the shots regarding the breach of contract I was told, I was also told the DCC could have won their case against the private management, but because the senior solicitor was the person who rubber stamp the head lease back in 2007 without reading its contents would of hung himself out to dry if brought to court so they felt it was best they get rid of me from the apartment therefore ending the breach of contract

Are seeing a solicitor at present regarding taking legal action against the DCC for failing to protect my tenancy rights but feel releasing it to the media instead because it would do more harm to both the DCC and management company

jd

On what basis would DCC have won the case against the Owner's Management Company (as I presume that is what you mean)? Was there a clause banning pets in the head lease, or was the rule introduced by the directors afterwards?

You should probably have a read of this.

http://www.irishstatutebook.ie/pdf/2011/en.act.2011.0002.pdf, particularly section 23

Wheelnut

Sarah Duffy wrote: »

... but feel releasing it to the media instead because it would do more harm to both the DCC and management company

What harm do you think that will do them? Every one with a chip in their shoulder threatens them with Joe Duffy!

Sarah Duffy

Written in the head lease that the city council signed with the private management states in clause 25 (Not keep any bird or animal in the premises (or the licensed Area, if any) which in the opinion of the lessor may cause annoyance to the owners or occupiers of any of the apartments

jd

So what did you do in the end? It seems the problem is with Dublin City Council, the OMC are quite entitled to enforce the terms of the head lease.

Paulw

Sarah Duffy wrote: »

Written in the head lease that the city council signed with the private management states in clause 25 (Not keep any bird or animal in the premises (or the licensed Area, if any) which in the opinion of the lessor may cause annoyance to the owners or occupiers of any of the apartments

That's them covered so. A dog "may cause annoyance" by barking, whining, etc, so under that clause they have the right to prohibit the keeping of a dog.

Sarah Duffy

The city council agreed with me that in the opinion may cause could be challenged in court because it’s based on the management’s opinion which is a view or judgement formed about something, not necessarily based on fact or knowledge and seen another tenant already owned a dog for three years before I got mine and the management allowed them have their dog but threatened me with solicitors letters, I asked the council for a transfer to another apartment which they gave me a two bedroom apartment that the council own, no management companies attached within 14 days of my asking, I never even went on the transfer housing list cause by me taking a transfer the council were off the hook with the breach of contract, and as compensation the council write of one of the bedrooms so I am only paying for a one bedroom apartment when it’s a two bedroom apartment I live in

Sarah Duffy

The council messed up on this big time and they were told by the head board to get rid of this problem ASAP because I believe the council signed the head lease without reading its contents and therefore the council were afraid that if it went to court it would become a public interest story in the media, just like the council rubber stamped priority hall and look what happened there, I am not the only tenant that this has happened to, there was another three tenants in the complex that the management company harassed and bulled which the council new about but failed to do anything about, where I’m living now is total freedom with no more worries,

I just want to say that my dog never caused annoyances or barking in my old apartment, it was just the management company who was also the landlord and developer was going round bulling tenants to comply to his rules and demands even though he wasn’t our landlord, in my eyes now he was just a dirty landlord who likes to contol tenants no matter who they are

BornToKill

Sarah Duffy wrote: »

where I’m living now is total freedom with no more worries

All's well that ends well then. What's the question?

Sarah Duffy

The question is I got my answer at the end, could have fought in court but it turned out for the better just to transfer out, five years of hell are finally over, at the end of the day what I have now is worth more than living under a control freak