Forced entry

TomaszTomasz

Hello

I have very important question:
Is my landlord with Garda assistance (with no legal warrant) can enter to
my house on excuse "concerning my safety"
If yes what conditions must be met. What information they must poses to enter?

Exo

Prohibition of Forcible Entry and Occupation Act 1971. In summary, Section 2 of the act states that the landlord has permission to forcibly enter the property. "Concerning your safety" is another reason the landlord may gain entry through force.

TomaszTomasz

@Exo
Thank You

But in Interpretation of this Act it says
“owner”, in relation to land, includes the lawful occupier, every person lawfully entitled to the immediate use and enjoyment of unoccupied land, any person having an estate or interest in land (including a person who remains in occupation of land after the determination of his tenancy therein), the owner of the servient tenement (in relation to an easement or profit á prendre), the owner of an easement or profit á prendre (in relation to the servient tenement) and, in relation to land or a vehicle, any person acting on behalf of the owner, and “ownership” shall be construed accordingly;

So legally after signing contract Residential Tenancies Act 2004 should protect me from any illegal entries right?

Exo

It should protect you from illegal entries, however, if there were reason(s) for the Gardaí being involved in the forcible entry, there must be an underlying reason which you haven't made apparent. ".. pursuance of a bona fide claim of right.", essentially covers the person claiming to enter for the outlined reason, and in the company of the Gardaí pretty much makes it legal throughout.

Unfortunately, you cannot point to an ombudsman since the Gardaí are exempt from being investigated.

Carawaystick

Is this query related to the drugs bust case reported today?
A landlord let cops into a students home, without a warrant, where he(student) was caught in possession of controlled substances.
student claimed the entry was unlawful, judge said it was ok, student then pled guilty.

Hard to tell from a few line newspaper report if the judge erred, there was no mention of what law allowed the cops in.

Boombastic

Thomaz why would they have to gain entry to the house to view ventilation grates the pipe goes to an external wall does it not?

in fairness if a tenant installed a ventilation system in my property, i'd be asking questions about what was going on