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Living with a guy who has criminal record (apparently)

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  • 27-07-2014 2:40pm
    #1
    Registered Users Posts: 34,057 ✭✭✭✭


    My best mate is living with guy few doors away from me.

    He is renting just like me, but getting hassle lately. He has found out that the guy he is living with has criminal record.

    Does he have a right to know or find out by landlord, the guy himself or Gardai?(as what he was accused off is serious)


Comments

  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    My best mate is living with guy few doors away from me.

    He is renting just like me, but getting hassle lately. He has found out that the guy he is living with has criminal record.

    Does he have a right to know or find out by landlord, the guy himself or Gardai?(as what he was accused off is serious)

    Sympathies to your buddy. Contact Citizen advice or threshold ...... get out ASAP. Remember lie down with dogs get up with fleas.

    Your friend and the landlord need to have a chat about this. Is he aware?


  • Registered Users Posts: 2,271 ✭✭✭TireeTerror


    How do you know he has a criminal record? What is it for? Does having a criminal record mean he is to be punished for the rest of his life?

    If there is no danger, then what business is it of anyone what record he may or may not have. Your "apparently" in brackets suggests you are not even sure.


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Well the Op's friend is getting hassle. Nobody needs or deserves this needlessly.

    I didn't write the laws but society dictates other wise..... a criminal record is stapled to everything.

    If his housemate is attracting the attention of the guards is "anti social behavior". This is a legal clause for the landlord to get him out ..... or to exit the contract, landlords choice.


  • Registered Users Posts: 252 ✭✭A Greedy Algorithm


    Maybe he was prosecuted for non payment of a TV licence?


  • Registered Users Posts: 2,271 ✭✭✭TireeTerror


    Well the Op's friend is getting hassle. Nobody needs or deserves this needlessly.

    I didn't write the laws but society dictates other wise..... a criminal record is stapled to everything.

    If his housemate is attracting the attention of the guards is "anti social behavior". This is a legal clause for the landlord to get him out ..... or to exit the contract, landlords choice.

    I may be wrong on this, but I would think the anti-social behaviour clause would most likely only affect a tenancy if the anti-social behaviour was taking place at the property, not somewhere else. The Gardai investigating a person does not constitute anti-social behaviour.


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  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    If it was more serious than a TV lisence, ring and run then you have legitimate cause for complaint


  • Registered Users Posts: 8,363 ✭✭✭corner of hells


    Well the Op's friend is getting hassle. Nobody needs or deserves this needlessly.

    I didn't write the laws but society dictates other wise..... a criminal record is stapled to everything.

    If his housemate is attracting the attention of the guards is "anti social behavior". This is a legal clause for the landlord to get him out ..... or to exit the contract, landlords choice.

    But we don't know who's hassling the OPs friend , we know nothing really .You brought up the anti social behaviour without really anything background information.

    Lots of.people have criminal.records and go onto live ordinary lives and a previous record shouldn't be used to beat you over the head with.


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Its more than an allegation there is a record which means it was in court..... Sloppy background checks by landlord.


  • Registered Users Posts: 1,339 ✭✭✭brembo26


    Sympathies to your buddy. Contact Citizen advice or threshold ...... get out ASAP. Remember lie down with dogs get up with fleas.

    Your friend and the landlord need to have a chat about this. Is he aware?

    This is utter nonsense! You have no idea what that lads situation is about.

    OP your friend seemed happy enough with him till he got this information which might be totally inaccurate.

    Whats the problem? What sort of hassle is he getting?


  • Registered Users Posts: 8,363 ✭✭✭corner of hells


    Its more than an allegation there is a record which means it was in court..... Sloppy background checks by landlord.

    You're over reacting.It could be motor offences , a little bit of weed anything really.


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  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Lots of.people have criminal.records and go onto live ordinary lives and a previous record shouldn't be used to beat you over the head with.

    Yes , criminals have criminal records. Try applying for a house job mortage with one, cant have anything to do with children, government jobs are refused, MNC jobs, housing applications are ear marked, visa application, army and Garda vetting, ability to bid on government contracts. A criminal record is something that stays. For the trouble it causes ..... I wouldnt wish it on my worse enemy


  • Registered Users Posts: 1,339 ✭✭✭brembo26


    Sloppy background checks by landlord.

    How is it any of the landlord's business, or anyone else's for that matter?


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    but getting hassle lately. He has found out that the guy he is living with has criminal record.

    (as what he was accused off is serious)

    I would say it was something that happened in the local community and involves a local family.
    If he is getting grief then it IS affecting him.

    this is something he doesnt deserve. citizen advice, I would say the guards wont comment officially. Citizens advice..... maybe you could look at court records.


  • Registered Users Posts: 8,363 ✭✭✭corner of hells


    Yes , criminals have criminal records. Try applying for a house job mortage with one, cant have anything to do with children, government jobs are refused, MNC jobs, housing applications are ear marked, visa application, army and Garda vetting, ability to bid on government contracts. A criminal record is something that stays. For the trouble it causes ..... I wouldnt wish it on my worse enemy

    Are you sure about everything you are posting ? Show me the information around mortgage applications and while you are at it let me know about the visa application information.


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    brembo26 wrote: »
    How is it any of the landlord's business, or anyone else's for that matter?

    All the letting agencies, I had to provide two references and I had to sign off If I had a criminal record. My housing application I had to declare if I had a criminal record. The Land lord does have a right to know AFAIK


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Are you sure about everything you are posting ? Show me the information around mortgage applications and while you are at it let me know about the visa application information.

    Every tool knows you cant get a Visa for Australia if you have a record things changed from 1788, y'know?

    https://www.immi.gov.au/media/fact-sheets/79character.htm

    It affects your mortgage application, your insurance...... wont stop it but it will make everything more expensive or more red tape

    http://www.prospectmagazine.co.uk/features/criminal-record-chris-huhne-vicky-pryce


  • Registered Users Posts: 1,339 ✭✭✭brembo26


    All the letting agencies, I had to provide two references and I had to sign off If I had a criminal record. My housing application I had to declare if I had a criminal record. The Land lord does have a right to know AFAIK

    Id imagine that if it was a lawful requirement to declare criminal records to a private landlord or letting agency alike they would be allowed to carry out the Garda vetting process.

    If they are not following that process I wouldn't be telling them anything as I just wouldn't think it concerned them.

    BTW I could be totally wrong and stand to be corrected on this but I just think its crazy that a landlord may have a right to know about anyone's past dealings with the courts.


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    OP I'm struggling to establish how this is property related other than the fact the friend is a tenant.....what exactly are you looking to find out?


  • Registered Users Posts: 8,363 ✭✭✭corner of hells


    Every tool knows you cant get a Visa for Australia if you have a record things changed from 1788, y'know?

    https://www.immi.gov.au/media/fact-sheets/79character.htm

    It affects your mortgage application, your insurance...... wont stop it but it will make everything more expensive or more red tape

    http://www.prospectmagazine.co.uk/features/criminal-record-chris-huhne-vicky-pryce

    Did you read those articles ? One is from the UK and the other clearly asks you to state if you have a record and may ask you provide a police certificate , it.does.not say you will definitively be precluded from entering the country.

    Ive had four mortgages over the years and never been asked about a criminal history.

    Also if bothered your hole reading the OPs first post you might notice he says that there is only an accusation of a possible conviction.


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Did you read those articles ? One is from the UK and the other clearly asks you to state if you have a record and may ask you provide a police certificate , it.does.not say you will definitively be precluded from entering the country.

    Ive had four mortgages over the years and never been asked about a criminal history.

    Also if bothered your hole reading the OPs first post you might notice he says that there is only an accusation of a possible conviction.

    Can you please watch your tone when dealing with other posters here.
    Have a read of the charter if you need a refresh on the rules.

    Thanks


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  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    there is probably a free to do a background check for the landlord and the Letting agent probably charged the landlord and kept the fee.


    I think the OP is looking for either the Tennent to be evicted or a get out clause out of the contract.

    If you lie on a contract then the other party has the right to call the contract null and void


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    there is probably a free to do a background check for the landlord and the Letting agent probably charged the landlord and kept the fee.


    I think the OP is looking for either the Tennent to be evicted or a get out clause out of the contract.

    If you lie on a contract then the other party has the right to call the contract null and void

    We'll have less of the 'legal advice' there please & thanks


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    He has found out that the guy he is living with has criminal record.

    Does he have a right to know or find out by landlord, the guy himself or Gardai?(as what he was accused off is serious)

    I would say the most sensible thing to do would be to ask the neighbours what it is. Then take it from there


  • Registered Users Posts: 2,271 ✭✭✭TireeTerror


    I've rented with 4 different estate agencies and never been asked about any criminal convictions. Neither have any of the people I have provided as references had any contact from the estate agents. For all intents and purposes I could have made them up.

    At work I often apply for Garda vetting info on staff, but the staff member has to sign a data protection access form to allow the gardai to send on the info. I had to send in the form myself, and I got mine back stating they have no record of me as an individual, and this is accepted.

    Here is a capture of the short form.

    GardaClearance.jpg


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Wow ...... seriously? never back checked on references? My three previous land lords all checked that.

    I wonder what the tenant did that the neighbours are hassling the house mate over? Its definitely not a TV lisence.

    What degree of hassle is he receiving?

    Are the Guards taking an interest in this or is it just hear say?


  • Registered Users Posts: 34,057 ✭✭✭✭The_Kew_Tour


    Tb license???

    If only.

    Sadly he attacked 2 seperate people with knives in past. Lost a job over 1.


  • Closed Accounts Posts: 10,250 ✭✭✭✭bumper234


    Yes , criminals have criminal records. Try applying for a house job mortage with one, cant have anything to do with children, government jobs are refused, MNC jobs, housing applications are ear marked, visa application, army and Garda vetting, ability to bid on government contracts. A criminal record is something that stays. For the trouble it causes ..... I wouldnt wish it on my worse enemy

    Ha ha ha ....... utter bs. :rolleyes:


  • Moderators Posts: 9,368 ✭✭✭The_Morrigan


    Tb license???

    If only.

    Sadly he attacked 2 seperate people with knives in past. Lost a job over 1.

    Right - so you know what he's been accused of, so again I'm asking what is your query exactly?


  • Registered Users Posts: 901 ✭✭✭usernamegoes


    I've rented with 4 different estate agencies and never been asked about any criminal convictions. Neither have any of the people I have provided as references had any contact from the estate agents. For all intents and purposes I could have made them up.

    At work I often apply for Garda vetting info on staff, but the staff member has to sign a data protection access form to allow the gardai to send on the info. I had to send in the form myself, and I got mine back stating they have no record of me as an individual, and this is accepted.

    Here is a capture of the short form.

    GardaClearance.jpg

    I am assuming that you do not vet employees for working with children or vulnerable adults otherwise you would use the correct system.

    If you are asking prospective employees to make a SAR request and provide it to you then when Section 4(13) of the Data Protection Acts is commenced you may end up with a criminal record yourself but until then you are still violating the Act and should stop this immediately.

    There is no mechanism for landlord to do criminal background checks.


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  • Registered Users Posts: 34,057 ✭✭✭✭The_Kew_Tour


    Right - so you know what he's been accused of, so again I'm asking what is your query exactly?

    does he have a obligation to tell me(or landlord) or can I go to local Gardai station and request to confirm he does?

    if a person has criminal record surely its in ones best interest for people he is living with to know what he is like.

    Tv lICENSE IS ONE THING, KNIFE ATTACKER IS ANOTHER IM SURE YOU WILL ALL AGREE.


This discussion has been closed.
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