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Unusual PRTB ruling?

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  • 08-07-2014 8:13pm
    #1
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭


    Hi all

    We have had a nightmare with our neighbours going on for about 18 months now
    I first contacted the landlord in early December when it just became too much (arguing at the tops of their voices day and night),I included a sound clip etc. nothing done
    I contacted the letting agent and management company after the police were called out to the property over Christmas and after they left the neighbour threatened to "cut my head off".was told eviction notice was being served (7 days).they didn't move. I was then told they had to be off the premised by 20th march. (seemingly they were given an extension but the lease was not renewed),still nothing. I was then told an anti social behaviour case had been lodged with the PRTB. In between this I was verbally abused by the neighbour after I asked her to keep it down. PRTB case was scheduled for April 23rd. In the mean time one of the tenants was sent to prison, his partner remained( but was not im told named on the lease) with the kids. The disruption still continued. She was given a copy of all the complaints made against her,this result in her banging down my door and screeching abuse at me. We live in an apartment complex right so its extremely awkward and I have to check to make sure shes not in the hall before I come in or out.We have had to check into hotels just to get a break from it. I even moved back in with my mother for a few days as I just couldn't cope with the noise anymore.

    Anyways...the letting agent is telling me that the PTRB ruled that she can stay in the property until social housing becomes available and there is nothing we can do. My solicitor reckons this is rubbish as no decision has been published and although I have requested a copy of the adjucation order from the letting agent,none has been forthcoming.

    The noise level is horrendous;the communal area is used as a playroom and apparently there is nothing I can do about.

    Im wondering if anyone has heard of the PRTB making such a ruling before?
    thanks!


Comments

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    #2
    Cuddlesworth
    Registered Users Posts: 13,983 ✭✭✭✭Cuddlesworth


    Judges in this country won't evict "single" mothers with children. Even if a PRTB judgement is there for eviction, the district court won't follow through on it.


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    #3
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Oh no! That sounds like a really rubbish situation for you, OP. Is there any way you can check the PRTB's findings and get some legal advice based on that?


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    #4
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    The PRTB usually publish dispute resolutions on their site.there isn't one..i have a feeling the letting agent is full of crap! This is the 2nd tenant in a row that's been a nightmare. the one before trashed the place though,she was also a "single"mother. they got her out because her father came up and turfed her out!(not before she climbed up on the balcony and smashed the door with a fire extinguisher) so we NEVER should have been put in this situation again.i know at this stage she cant be removed...but we must be entitled to damages


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    #5
    The_Morrigan
    Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Miss_diagnosis wrote: »
    The PRTB usually publish dispute resolutions on their site.there isn't one..i have a feeling the letting agent is full of crap! This is the 2nd tenant in a row that's been a nightmare. the one before trashed the place though,she was also a "single"mother. they got her out because her father came up and turfed her out!(not before she climbed up on the balcony and smashed the door with a fire extinguisher) so we NEVER should have been put in this situation again.i know at this stage she cant be removed...but we must be entitled to damages

    I'm going to stop you there...legal advice can neither be sought or given on Boards.ie, so any conversation regarding damages is to cease. Contact a solr if you wish to proceed with that.

    /Mod


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    #6
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    The_Morrigan wrote: »
    I'm going to stop you there...legal advice can neither be sought or given on Boards.ie, so any conversation regarding damages is to cease. Contact a solr if you wish to proceed with that.

    /Mod

    apologies


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    #7
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    Miss_diagnosis wrote: »
    In the mean time one of the tenants was sent to prison, his partner remained( but was not im told named on the lease) with the kids. The disruption still continued. She was given a copy of all the complaints made against her,this result in her banging down my door and screeching abuse at me

    I would have gotten the Gardai involved at this stage.


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    #8
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    the groutch wrote: »
    I would have gotten the Gardai involved at this stage.

    Oh believe me the gardai have been called several times,they are fairly powerless when it comes to this sort of thing.


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    #9
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    I'm assuming you own your apartment otherwise moving out would be the best option under the circumstances you described.


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    #10
    TheBandicoot
    Closed Accounts Posts: 879 ✭✭✭TheBandicoot


    Once the gardai hear the words 'rent' 'tenant' 'landlord' or similar, they generally just shut down and stop engaging. They just direct you to the toothless PTRB and refuse to get involved.


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    #11
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    Yes we own it. Cant sell it while she is still there either. Cant imagine there would be much of a market for screeching neighbours!!


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    #12
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    I would sell in a heartbeat.
    Life is too short to deal with stuff like this looks like a long game and lengthy eviction.
    Nobody will assist you here. Not the guards, not your solicitor, not the PTRB.

    People are panic buying now and it would be a good opportunity to get out.


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    #13
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    I have to wait until it hits a certain value before i can sell it. We are not in negative equity luckily but need a deposit. Its getting there though. Plan on putting it up after the summer and then renting/moving in with one of our mothers until we find a house.

    My point was though... im sure potential buyers would be put off with the communal areas full of buggys/toys and she shouts so loudly you can hear her everywhere.(even when Im in bed and shes in her sitting room)

    Its horrible that as a homeowner who works my ass off,someone who is being supported by the state has more rights then I do.


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    #14
    TheBlock
    Registered Users Posts: 596 ✭✭✭TheBlock


    Miss_diagnosis wrote: »

    My point was though... im sure potential buyers would be put off with the communal areas full of buggys/toys and she shouts so loudly you can hear her everywhere.(even when Im in bed and shes in her sitting room)

    .

    Maybe your potential buyer will not live ther but rent it out...hopefully to a similar tenant to the one you describe.


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    #15
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    Miss_diagnosis wrote: »
    I have to wait until it hits a certain value before i can sell it. We are not in negative equity luckily but need a deposit. Its getting there though. Plan on putting it up after the summer and then renting/moving in with one of our mothers until we find a house.

    My point was though... im sure potential buyers would be put off with the communal areas full of buggys/toys and she shouts so loudly you can hear her everywhere.(even when Im in bed and shes in her sitting room)

    Its horrible that as a homeowner who works my ass off,someone who is being supported by the state has more rights then I do.

    Arrange a viewing and put anonymous free tickets into neighbours door for circus/cinema/cock fighting at the same time ;)


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    #16
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    Zamboni wrote: »
    Arrange a viewing and put anonymous free tickets into neighbours door for circus/cinema/cock fighting at the same time ;)

    You are a genius!!!


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    #17
    the groutch
    Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    have you been talking to other neighbors who would also be effected by the noise?
    you'd have a lot more power working as a group rather than on your own.


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    #18
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    Miss_diagnosis wrote: »
    I was then told an anti social behaviour case had been lodged with the PRTB.

    PRTB case was scheduled for April 23rd.

    Anyways...the letting agent is telling me that the PTRB ruled that she can stay in the property until social housing becomes available and there is nothing we can do.
    Although it's not listed on the PRTB.ie site yet, I'd wonder if it actually ever took place, and also what charges were filed? I'm thinking an eviction was asked for, but was denied, as opposed to eviction due to anti-social behaviour.

    That is, if there was ever a hearing.


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    #19
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    the groutch wrote: »
    have you been talking to other neighbors who would also be effected by the noise?
    you'd have a lot more power working as a group rather than on your own.

    that in itself is an issue. Two of the other apartments are occupied by her buddies.Thus me and the hubby get smart remarks whenever we pass any of them. There is one other neighbour who lodged complaints also and these were supposed to have been passed to the PRTB also. There is also a police log of all the times they called up


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    #20
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    the_syco wrote: »
    Although it's not listed on the PRTB.ie site yet, I'd wonder if it actually ever took place, and also what charges were filed? I'm thinking an eviction was asked for, but was denied, as opposed to eviction due to anti-social behaviour.

    That is, if there was ever a hearing.

    I dont think there ever was one. the prtb resolutions are posted up till a month ago and no mention of this. We did call them to try and find out but they wouldnt tell us. But she said it was the PRTB who gave the list of complaints to her.Also seemingly the PRTB cant hear a case if the case is against someone not named on the lease. but the letting agent changes her mind daily about who is and who isnt named on the lease


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    #21
    Zamboni
    Registered Users Posts: 4,305 ✭✭✭Zamboni


    Miss_diagnosis wrote: »
    that in itself is an issue. Two of the other apartments are occupied by her buddies.Thus me and the hubby get smart remarks whenever we pass any of them.

    You have got to get out of there.
    Is this in Dublin?


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    #22
    Miss_diagnosis
    Registered Users Posts: 60 ✭✭Miss_diagnosis


    Zamboni wrote: »
    You have got to get out of there.
    Is this in Dublin?

    Yes. Used to be a really nice complex. near the airport and beaumont hospital so was mainly professionals.Now its mainly social welfare rentals.

    I totally do need to get out. As i said we have on a couple of occassions checked into hotels to get away from the noise.not good on the pocket.

    Last friday I got in from work and had been looking forward to watching the last 2 episodes of breaking bad all day. I had the Tv up full and I could STILL hear her.


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    #23
    sohappy
    Registered Users Posts: 665 ✭✭✭sohappy


    Pressure needs to be applied on the apartment owner not the tennant , the owner of the apt should have signed a lease when he bought the same as you did and there should be obligations in the lease , As far as im aware the management company can take a third party case to the prtb on your behalf, make thosenservice charges work for you..


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