Attempt to enter property by landlord

SM746

Just back in door and heard from my girlfriend that landlord made 2 attempts to gain access to property tonight. She has recorded 2nd attempt from inside house on her phone where he tried 4 different keys. Poor girl has been badly frightened by it.

Background: property in receivership; dealing with receiver.
Landlord involved in ongoing court case but we have been given no indication this has ended with him regaining control.

Have contacted all relevant people by email (Receiver; Threshold; PRTB) and will contact all by phone tomorrow.

Just wondering has this ever happened anyone on here and if so what was the final outcome?

Grandpa Hassan

Surely he's not the LL any more. He is your former LL. Effectively just just some guy trying to break into your home. In which case I'd call the Garda next time it happens.

From his perspective, could he be trying to get in to take back items that he feels belong to him? To keep them away from a receiver? Probably feels he has nothing to lose

SM746

Grandpa Hassan wrote: »

Surely he's not the LL any more. He is your former LL. Effectively just just some guy trying to break into your home. In which case I'd call the Garda next time it happens.

From his perspective, could he be trying to get in to take back items that he feels belong to him? To keep them away from a receiver? Probably feels he has nothing to lose

Yeah rang them. Nothing they can do with out video evidence. Just annoyed it was the one evening in living memory I've not been home within a reasonable hour.
Could be but it's a second floor apartment he'd have some task ahead of him trying to move stuff out!
Just praying that if it happens again I'm here. Intersted to see what threshold, prtb and reciever have to say!!

Grandpa Hassan

I don't think threshold and PTRB will have anything to say. He's not the LL. I'm sure the receiver will be interested though

Mrs OBumble

How does your GF know it was the LL / former-LL?

What did the guards say when she called them?

foggy_lad

If he turns up again call the gardai and tell them there is some strange person trying to force their way in your front door, Don't tell them he is your landlord or ex landlord as they won't be interested. tell them someone is trying to break in which is what will be happening.

SM746

Mrs OBumble wrote: »

How does your GF know it was the LL / former-LL?

What did the guards say when she called them?

Sheeard him chatting on phone outside door having a conversation and seen him leaving by looking out window. He is around in complex most evenings as he has a brother who lives here.
Guards just said they need video evidence of him actually trying to enter; as I'm his face must be visible.
On the phone he mentioned changing locks today (pretty clear he thought apartment vacant).
Will report back after work what the people I emailed say and whether he has changed my locks when I get home. Hopefully it might shed some light in case anyone else on here ends up in the same situation.

MouseTail

I wonder what the law is on this. Whilst the property itself is now owned by the Bank/receiver, the contents are not, nor are they the property of the tenant (although they do have an agreement for the use of them). When can the former LL reclaim them?

Tordelback

The Gardai require 'video evidence'? What's wrong with an eye-witness account? If you had videoed him you'd probably have been told it was inadmissable because he hadn't conseneted to be recorded.

Michael D Not Higgins

Tordelback wrote: »

The Gardai require 'video evidence'? What's wrong with an eye-witness account? If you had videoed him you'd probably have been told it was inadmissable because he hadn't conseneted to be recorded.

I doubt he's entitled to the right to privacy in the middle of attempting an illegal entry.

Tordelback

Michael D Not Higgins wrote: »

I doubt he's entitled to the right to privacy in the middle of attempting an illegal entry.

You'd certainly hope so. Although as I understand it the crime of illegal entry predates afffordable video recording equipment, so I presume this isn't a pre-requisite for the Gardai in pursuing the matter.

Michael D Not Higgins

Tordelback wrote: »

You'd certainly hope so. Although as I understand it the crime of illegal entry predates afffordable video recording equipment, so I presume this isn't a pre-requisite for the Gardai in pursuing the matter.

Oh yeah, the girlfriend's testimony should be sufficient.

Marcusm

Grandpa Hassan wrote: »

I don't think threshold and PTRB will have anything to say. He's not the LL. I'm sure the receiver will be interested though

It doesn't excuse his behaviour one whit but the appointment of the receiver does not mean he is no longer the landlord, he absolutely is. However, he has' no right to rent or to sell or to enter the property other than in accordance with the lease/RTA. He still has obligations (maintenance, repairs etc) but I inagine he'll not meet any of these.
The landlord/tenant relationship continues until there is a sale or formal repossession proceedings.

jmayo

Tordelback wrote: »

The Gardai require 'video evidence'? What's wrong with an eye-witness account? If you had videoed him you'd probably have been told it was inadmissable because he hadn't conseneted to be recorded.

The more I come across these threads the more I have come to the realisation our Gardaí are feck all use.
They just do not want to get involved in disputes between tenants and landlords, even if one is breaking the law.
Yes I know it is not often criminal, but civil law.
Isn't the Gardaí's duty to uphold the law and the peace ?

The landlord/tenant would have to be kicking the cr** out of each other before they would want to get involved.

Also I would bet most Gardaí no very little about the laws regarding interaction between tenants and landlords.
They do tend to specialise in traffic law.

Marcusm wrote: »

It doesn't excuse his behaviour one whit but the appointment of the receiver does not mean he is no longer the landlord, he absolutely is. However, he has' no right to rent or to sell or to enter the property other than in accordance with the lease/RTA. He still has obligations (maintenance, repairs etc) but I inagine he'll not meet any of these.
The landlord/tenant relationship continues until there is a sale or formal repossession proceedings.

This is a huge can of worms that has been opened since the bust where landlords have receivors appointed or their property repossessed.
There is not enough protection for tenants in this instance because even though they can be paying rent to a receivor, the tenant has to go and try and get the landlord to fix things because technically they still own the place.
Being honest what landlord is going to fix things/replace items if they are no longer getting any financial reward from the property and they may be facing repossession.

Paulw

Simple solution -

Dial 999 or 112
Ask for the Gardai
Report that someone is trying to break in to your home now.
If they ask who it is, just say that you haven't looked out and don't want them to see that you are home, since you are afraid for your life.

Then await for the Gardai to attend.

Gatling

Paulw wrote: »

Simple solution -

Dial 999 or 112
Ask for the Gardai
Report that someone is trying to break in to your home now.
If they ask who it is, just say that you haven't looked out and don't want them to see that you are home, since you are afraid for your life.

Then await for the Gardai to attend.

Which could take hours to days for them to attend

Beano

Gatling wrote: »

Which could take hours to days for them to attend

if they ever attend at all. you would probably get a phone call a few months later asking what happened in the end.

Gatling

Beano wrote: »

if they ever attend at all. you would probably get a phone call a few months later asking what happened in the end.

That's what we got came across 4 lads with screw drivers trying do force our sliding door on a ground floor apartment on a Friday night at 11:30 dialled 999 as we had a baby Gardai arrived on Monday asking if the lads were still at the door

Michael D Not Higgins

Gatling wrote: »

That's what we got came across 4 lads with screw drivers trying do force our sliding door on a ground floor apartment on a Friday night at 11:30 dialled 999 as we had a baby Gardai arrived on Monday asking if the lads were still at the door

That's shocking, where in the country do you live? Did you make a complaint?

Gatling

Michael D Not Higgins wrote: »

That's shocking, where in the country do you live? Did you make a complaint?

Tallaght and I'm actually 4 mins from the station

Got a half harted apology from the local super

Eldarion

Gatling wrote: »

That's what we got came across 4 lads with screw drivers trying do force our sliding door on a ground floor apartment on a Friday night at 11:30 dialled 999 as we had a baby Gardai arrived on Monday asking if the lads were still at the door

....Why haven't you gone to the media about this?

Family with a baby, 4 men attempting to break in late at night, Garda response time is 56+ hours. People lose jobs over these kinds of incidents....

Gatling

Eldarion wrote: »

....Why haven't you gone to the media about this?

Family with a baby, 4 men attempting to break in late at night, Garda response time is 56+ hours. People lose jobs over these kinds of incidents....

That's a whole different thread for another day

doubter

Gatling wrote: »

Which could take hours to days for them to attend

you could also say you are in possession of a gun and will use it in self defence..that should speed things up lol

daUbiq

Eldarion wrote: »

....Why haven't you gone to the media about this?

Family with a baby, 4 men attempting to break in late at night, Garda response time is 56+ hours. People lose jobs over these kinds of incidents....

Unfortunately they do not lose their jobs!

SM746

Not a huge update but some developments;

1. Threshold have advised me to register a dispute with the PRTB. I have been in correspondence with them since the receiver took over so they think this will solve it once and all. I will do that later this evening.

2. Reciever have asked will I swear an affadavit (case going to court next month) - I will. I see it as nothing more than an unlawful attempt to gain access to my house so I definitely do not want to see him get away scot free over this.

I hope to see the old landlord this evening to ask him exactly what the hell he was doing scaring the life out of my gf like that.

I'll keep all developments posted as no doubt some people might learn something from this in an era when Receivership, etc seems to becoming ever more common.

Ps; as some people have alluded too; I was very dissapointted in the Garda response too