Landlord entered my house on excuse about my safety

TomaszTomasz

Hello

Some time ago my landlord force it self to my house on excuse that he was "concern about my safety" when I was not there. Realy reason was just to get to my house so he can evict me later finding some excuses for eviction.
He even bring Garda with him. Garda did not have warrant. Now they put all blame on landlord and saying they just assist and landlord is responsible for forced entry.
My question is can land lord do that? Can Garda assist in such case without even calling me first. Without court order, warrant anything?

nudger

AGS don't go to a house for no reason, what was the "excuse" for evicting you.

murphaph

It isn't forced entry if he used his keys. Calling the Garda and asking them to be present aren't the actions of a rogue landlord. Has he actually started eviction proceedings, or do you just suspect that he will?

Mikros

Why would the landlord have concern for your safety? Did he try and contact you at any point beforehand? Did you respond?

If the landlord had a genuine concern for your safety and had was unable to contact you any other way he could be entitled to enter the house. Equally with the Guards - they do not need a warrant if there is reasonable belief someone might be in danger.

The fact the landlord went to the trouble of bringing the guards along would suggest he was acting in good faith, based on the limited information provided.

TomaszTomasz

What is AGS?

It is Council house provided by Tuath housing agency who cooperate with County Council. I was tell them that I moving to another city soon and ask them for transfer. Unfortunately before I make official transfer request, they get in and say that i make changes in house without their permission so they are forced to evict me. This way they don't have to get me transfer and My house was finished by me floors ect. so they put someone else there or sold it (not sure).

nudger

AGS is An Garda Siochana, the Garda.

You made some changes to the floors in the house without talking to the housing agency, was there stuff in the garden or a skip?

TomaszTomasz

They call me one day before when i was at work so i could not answer, saying to contact them they did not left any messages about entry.
They contact my sister and she told them that I'm in different city so there was no "safety issues" Garda did not even try to contact me or check made up story that why they put entry on them now.

Boombastic

TomaszTomasz wrote: »

They call me one day before when i was at work so i could not answer, saying to contact them they did not left any messages about entry.
They contact my sister and she told them that I'm in different city so there was no "safety issues" Garda did not even try to contact me or check made up story that why they put entry on them now.

what excuse did they give you for eviction?

TomaszTomasz

@Nudget

No when I get house it was empty on floors just concrete I make floors and everything by my self with my money.

TomaszTomasz

@Boombastic

House did not had ventilation crate i make small by my self.
They also say I left house without informing them.
I have witnesses and social sighing as proof that I was there. They just waited for good opportunity.

Boombastic

TomaszTomasz wrote: »

@Boombastic

House did not had ventilation crate i make small by my self.
They also say I left house without informing them.
I have witnesses and social sighing as proof that I was there. They just waited for good opportunity.

do you have the permission in writing? who did you get permission off? are these not visible from the outside (fitted In exterior wall?)

why did your sister tell them you were in a different city if you weren't?

TomaszTomasz

@Boombastic

You missing the point. I ask if they had right to get in in first place. What law precise when is "life threatening" situation?
Or just anyone get go to anyone house like that and say that?
My sister was not sure cos My wife already worked in Dublin so I was going ther often. If they consider I doing something wrong why they did no inform me about this earlier or give me eviction notice? Like "we see you not at home go back cos is against rules" or "you make ventilation crate at wall fix it back or you be evicted"
They did no such thing they just call destroy the door and sealed with wooden planks without even hole for mail lol and then then inform me on email that they canceling my contract and send me a letter about it. To bad there was not even chance that letter came to me.:)

foggy_lad

TomaszTomasz wrote: »

They call me one day before when i was at work so i could not answer, saying to contact them they did not left any messages about entry.
They contact my sister and she told them that I'm in different city so there was no "safety issues" Garda did not even try to contact me or check made up story that why they put entry on them now.

TomaszTomasz wrote: »

@Boombastic

House did not had ventilation crate i make small by my self.
They also say I left house without informing them.
I have witnesses and social sighing as proof that I was there. They just waited for good opportunity.

Sounds very much like you had moved out of the house and were staying in a different city already and they became aware of this and might even have been watching the house. It is probably in your lease that you must stay in the house a certain number of days each week for the lease to be valid, usually breaks away are allowed and staying away with friends etc for a couple of days at a time but not for longer periods without informing the housing agency.

This is a housing organisation who have limited resources and have to get the most out of their properties and they will not tolerate a house lying empty while the tenant is living elsewhere.

TomaszTomasz

Really? So is ok to get to someone house without notify? No letters? No confirmation? In my country it is breaking in and you go to jail.
You can sue that person. I dont even saying about privacy offence because someone walking in you home and checking your stuff.
But what I see in Ireland is common think or people just to afraid to do something about it?
That why I asking is this behavior is common here and tolerated. I see it is or only landlords writing here:)
And for your information I did not move from the house I was just going for weekends to Dublin and my daughter is still going to school there and i had to leave her with a friend because i have no house.

Stheno

TomaszTomasz wrote: »

Really? So is ok to get to someone house without notify? No letters? No confirmation? In my country it is breaking in and you go to jail.
You can sue that person. I dont even saying about privacy offence because someone walking in you home and checking your stuff.
But what I see in Ireland is common think or people just to afraid to do something about it?
That why I asking is this behavior is common here and tolerated. I see it is or only landlords writing here:)
And for your information I did not move from the house I was just going for weekends to Dublin and my daughter is still going to school there and i had to leave her with a friend because i have no house.

Well you said they tried to contact you and you didn't answer the phone.

They could reasonable say that they were worried about your failure to get in touch, and entered on that basis to check that you were ok

TomaszTomasz

And apropos limited resources of agency. This agency have 3 more apartments next to my but they are not finished like my before just concrete on floors ect. And they move new people (or sell it) just to my curious hmm?

foggy_lad

possibly with the Language difficulty I don't think we are getting the full/proper story here.

Some questions for you,

Did the landlords break in or did they use a key?

Why did you not contact them?

Exactly how long are you away from the house when you go to Dublin and how often does this happen?

Have they changed the locks and locked you out of the house?

Have you contacted Threshold?

TomaszTomasz

@Stheno

Again it is no legal reason to get in. In this deduction You can get to any house with this reason. Without consequences.
To get to someone house Garda need warrant issued by court. There was no crime in progress or legitimate concerning about my life.
Garda already back off and put blame on agency. Now I just to deal just with them. I was just curious if someone was in similar situation.
And advice me if I have chances in court.

Stheno

TomaszTomasz wrote: »

@Stheno

Again it is no legal reason to get in. In this deduction You can get to any house with this reason. Without consequences.
To get to someone house Garda need warrant issued by court. There was no crime in progress or legitimate concerning about my life.
Garda already back off and put blame on agency. Now I just to deal just with them. I was just curious if someone was in similar situation.
And advice me if I have chances in court.

I have read on here before that being unable to contact a tenant and being concerned for their safety is one of the very very few valid reasons a landlord can use to access a house without prior notice.

If the landlord invited the Gardai to accompany them, then they do not need a warrant

TomaszTomasz

@foggy_lad

1. Yes they break in destroy the door and replace with a wooden board
2. I contact them next day right after it happen They say I can go back for my stuff but I must pay for their contractor
who will remove wooden board and for the door they destroyed(nice right?)
3. No longer then 3 days and not every week mostly weekends
4. like I said they just sealed the door with not even space for letters so all mail that come to me was just turn back.
4. Yes I did. They did not do much. Now I have private solicitor hope it will be in more help.

Stheno

TomaszTomasz wrote: »

@foggy_lad

1. Yes they break in destroy the door and replace with a wooden board
2. I contact them next day right after it happen They say I can go back for my stuff but I must pay for their contractor
who will remove wooden board and for the door they destroyed(nice right?)
3. No longer then 3 days and not every week mostly weekends
4. like I said they just sealed the door with not even space for letters so all mail that come to me was just turn back.
4. Yes I did. They did not do much. Now I have private solicitor hope it will be in more help.

That does sound irregular there, compared to your earlier posts.

You may have to lodge a case with the PRTB but I'm not sure if they deal with housing associations.

Who gave you the house, the housing association or the council?

As it had no floors which is standard for council houses, I'm not sure it will fall under the PRTB (private residential tenancies board) as it might be classed as council housing, so subject to whatever contracts they have.

Do you have a copy of your lease?

TomaszTomasz

@Stheno

I will be grateful if you can provide me with law paragraph that explain that. Cos I... dont think so...
They must be some criteria that explain what is actually mean "try to contact"
Other wise is like I sad before anyone can use that excuse.

Stheno

TomaszTomasz wrote: »

@Stheno

I will be grateful if you can provide me with law paragraph that explain that. Cos I... dont think so...
They must be some criteria that explain what is actually mean "try to contact"
Other wise is like I sad before anyone can use that excuse.

Read my last post. You need to check your rental agreement with either the housing association or the council, but their actions do not sound right on your response to foggy lad

foggy_lad

You should contact Threshold who will be able to negotiate and mediate on your behalf with the housing charity.

They are most likely not covered by the PRTB and if they entered the house they willmost likely had good reason provided by the terms of your lease and will have themselves well covered to do so(that is why they had the Gardai there).

Ray Palmer

This sounds incredibly like a post made about somebody being harassed by their LL with a few minor changes.

Gatling

I find it hard to believe a housing association just forced entry and evicted a tenant ,
For apparently no reason at all ,
Or is there more to this than the op is letting on

TomaszTomasz

@Gatling

You will not believe the rest of the story and i don't wanna put it here cos I just finally find lawyer who (i think) will be able to help me
so I don't wanna release to much information.
Let me just say that Treshold was not in much help (at least guy who had my case) He was very biased and judgmental and also like here he did not believe I the story. Forced entry did not interest him at all.
Garda just get rid of me all time and refuse take action against agency cos they where involve in this in first place. Just lately they admit they actually just assist they did not force entry it was agency employee. But for that i needed to write to much higher officer to receive explanation.
Most of solicitors did not to take my case cos they don't do this type of cases they say it is Garda responsibility so I should go to them. What leaving me in death circle.:)
And there is also Ombudsman. But they don't do nothing without official decision of County Council or Grada. But i never receive official decision. Not on email or letter so they give up on me too.

The_Morrigan

Seeing as you have a lawyer to help you and considering the fact you won't provide the full story to the forum users you seek advice from I don't see the point of this thread.