Illegal eviction.

discodavie

Ok so long day.

I have a couple of apts in Dublin and I got a call from the management company today to tell me the Gardaí were looking for me.

The guy I rented to 18 months ago put a couple of "working girls"in who were trading from there , long story short they raided them last night.

Now under instructions from the Gardaí ive changed the locks , contacted yer man and told him that he has 48hours to arrange for the "girls" to get thier stuff before its binned.

I can't remember off hand what the RTA says about sub let and the rights of the Tennant regards notice but am I right that because of what they were doing I'm in the clear here ??

MarkAnthony

Pretty much looking for legal advice so I'm stearing clear other than to say you're running a business, consult a solicitor, it's worth having one that won't charge you the earth to run things by him/her and sticking with them.

There are provisions within the RTA and law in general but as I say it's unwise to be seeking/giving legal advice over the interweb.

Atlantic Dawn

I would assume running a commercial business such as a knocking shop from the apartment would void the lease?

The_Conductor

I'm not entirely sure why you've labelled this thread 'Illegal Eviction'.
There is nothing whatsoever illegal about it.
You have been instructed by An Garda Síochána to change the locks in the property and to give the inhabitants- who by virtue of running an enterprise from the property are not considered to be residential tenants or protected under the Act- notice of a set window in which to remove their property (if any).

I'd be doing up a schedule of damages for the property- starting with the locks on the door- but I'd also check whether the Gardaí intend to charge for the raid (which is their prerogative).

You may have significant costs- and a fair bit of explaining to do- not least to your neighbours and the management company.......

L1011

I would imagine the PRTB would not look kindly on the 'tenant' here. I'd be more worried about the fact that the pimp may be rather unhappy to be honest!

Carawaystick

I'd still run it by a solicitor, as you would have to justify the reasons to the prtb and you don't have evidence, the cops do of any crime.
Or at least get evidence of the cops in writing that they told you to change the locks.

The_Conductor

Carawaystick wrote: »

I'd still run it by a solicitor, as you would have to justify the reasons to the prtb and you don't have evidence, the cops do of any crime.
Or at least get evidence of the cops in writing that they told you to change the locks.

Just get a Pulse record number from the Gardaí.
Once there is an offence recorded at the property (which there must be, given what happened)- it will be recorded on their systems.

I think that going into the whole theory of an 'illegal eviction' etc- is vastly over-thinking the whole thing.

Get a Pulse record number- its all you need. I'd also suggest lodging a case (as landlord) with the PRTB for breach of contract (quoting this number)). Let them defend their 'business'........

MarkAnthony

OP I really think you want to be very careful how you proceed. I'd try and have a quiet word with one of the investigating guards. I'm 99% sure you'll hear nothing back but there is the potential, if you push hard enough, for some backlash. Some of the people running these girls are not to be trifled with.

Furthermore, the guards can't instruct a landlord on an eviction. Is the renter going to take you to the PRTB, probably not, however I'd be making sure everything was squared away, I wouldn't be making waves by taking the renter to the PRTB either myself and I'd be making sure I gave them every opportunity to get their stuff back tbh.

jmayo

The_Conductor wrote: »

I'd be doing up a schedule of damages for the property- starting with the locks on the door- but I'd also check whether the Gardaí intend to charge for the raid (which is their prerogative).

You may have significant costs- and a fair bit of explaining to do- not least to your neighbours and the management company.......

Can the Guards charge for the raid ?
I thought it was only Fire brigade that charged for call outs.

I agree with Mark Anthony, I think you need to tell the renter that they have to go, but I wouldn't be issuing any ultimatums or demanding damages.
These guys will just make a counter offer you can't refuse.

Also beware if you have properties elsewhere they might suggest they rent them now instead.

Are the two apartments together and were both of them operating within that particular service industry ?

I have to say I am surprised it took the guards so long to raid the place or else they haven't been in business that long.
People tend to notice a stream of guys (and usually only guys) visiting a particular property.
Also our apartments don't tend to have great noise insulation so certain noises would be aparent.

BTW was the apartment furnished because I reckon you will need to replace a few things due to some excessive wear and tear.

Also remember any new tenants might be viewed as suspicious by the neighbours for a while and the tenants themselves might receive a few uninvited callers for a while.

You do need to mend bridges with neighbours and management company.

discodavie

Thanks everyone for the replies.

they were working there for over a year before complaint was made. It was made to the guards direct by the only owner occupier in the place , who assumed I knew about it according to the guard ha ha. That's all sorted and there's no reprocussions on my end luckily enough.

Each apt has its own door , although in a block and is very well soundproofed as my other apt is upstairs and was talking to the tenant and she knew nothing about it at all.

It'll need all new furnishings as a quick rummage yesterday found what you shouldn't be finding. I've myself and a couple of lads ready to go in Friday morning to get it ready and one of them for a few months before he goes off to oz to avoid any problems with late night callers.

Otherwise I've gotten places back in worse States.

I was more worried about the PRTB end with this chancer maybe seeing a handy couple of quid. Turns out that his name and pps number were fake , shown mug shots a while ago by a detective and they know who he is and are looking for him countrywide. The 2 girls were moved on again last night from thier next place.

He operates by havin one working house and the next one ready to rock , ie renting 2 at a time. I said to the detective that's thats unreal and he said 2 girls working 1 spot makes them/him 800-2500 a day. He worked that out from customers going in while places were under surveillance.

Thanks again for the replies , now off to double bag up and sterilise .....