Withhold rent?

NipNip

If there is a toss up between you paying the rent in the next 4 hours and pursuing legal action then for recovery of same (doubtful you'll get it even though you're most likely entitled to it), OR withholding same on the basis of valid concerns, what would you do?

athtrasna

NipNip wrote: »

If there is a toss up between you paying the rent in the next 4 hours and pursuing legal action then for recovery of same (doubtful you'll get it even though you're most likely entitled to it), OR withholding same on the basis of valid concerns, what would you do?

Witholding is in breach of the Residential Tenancies Act

on_my_oe

I'd probably pay it because I'd hate not following the law, and spend the next 20 years nursing one hell of a grudge

NipNip

athtrasna wrote: »

Witholding is in breach of the Residential Tenancies Act

what he is doing is both in breach of all civil law but also now on criminal law. if I pay it now, I will not get it back.

Guffy

Maybe if you explained the situation rather than asking for advice on the abstract

The_Morrigan

NipNip wrote: »

what he is doing is both in breach of all civil law but also now on criminal law. if I pay it now, I will not get it back.

Report any criminal activity to the relevant authorities. One of the maxims of equity is to come with clean hands....therefore in order to get the best results from the law you must honour it and not break it yourself.

NipNip

The_Morrigan wrote: »

Report any criminal activity to the relevant authorities. One of the maxims of equity is to come with clean hands....therefore in order to get the best results from the law you must honour it and not break it yourself.

That's my problem. He has broken it, so to me all gloves are off............. so to speak............

NipNip

gufc21 wrote: »

Maybe if you explained the situation rather than asking for advice on the abstract

Without typing word for word the content of my complaint to PRTB, I can not do that. So I have until 8pm to decide to pay the rent or not. If I pay the rent, it will not be recoverable from him.
I have also lodged a complaint with the gardai where he stuck his hand in my door and when I asked him to remove it he said 'what are you going to do about it if I don't'
If I don't pay the rent now at 8pm, he will issue proceedings against me for late payment of rent. Ach, decisions, decisions.

The_Morrigan

NipNip wrote: »

That's my problem. He has broken it, so to me all gloves are off............. so to speak............

That's not how the law works. If society were to encourage that system we would live in anarchy.

Obey the law and pay your rent.

NipNip

The_Morrigan wrote: »

That's not how the law works. If society were to encourage that system we would live in anarchy.

Obey the law and pay your rent.

I won't!

Aint Eazy Being Cheezy

Why would you get your rent back anyway? It's in return for being allowed live there.

The_Morrigan

NipNip wrote: »

I won't!

Well in that case you're done here - it is against the charter to advocate illegal activity, so I see no need for this thread as you are essentially asking forum users to breach the charter to tell you what you want to hear.