Eviction notice from landlord

Noodles121

Hi,

I've been renting my apartment for the past 6 years and i'm having eviction issues with the management company - i've never missed a payment in all the time i've lived there.

I have an issue with a rent increase and just want to clarify one or two points, so any help would be great.

I'm in an apartment that was bought by I-RES last year. In December, they sent a blanket letter to all the apartments saying that they were going to increase the rent to €1600 coming into effect on the 29th of December.

I didn't agree to this increase and was able to negotiate them down. However, there were a number of problems with the apartment (broken dishwasher, old beds, water leak), and I agreed that I would only pay the increase once they had fixed the issue. The rep agreed and said that he would send out a letter that would say when the new increase would come into being.

I never received this letter, it also took them until the end of May to fix the issues, and in the meantime, there were a litany of issues (workmen entering the apartment without any notice, changing the locks on the front door without notice, etc).

I spoke to the new property manager who was able to fix all the issues and agreed in our apartment that the rent increase would come into effect in June. I have this in an email. She also said that she would send on the update to the tenancy agreement.

I never received this.

Then, i received a letter with a 14 day notice to pay the over due rent or face eviction. I followed up with a phone call to the property manager who said that she would get back to me. I never got a response. It turns out that she had mailed my old work address 3 weeks after I had been talking to her and in the mean time I had got a new job..

Yesterday, i received a 28 day warning saying that i was being evicted for failure to pay rent. I got in contact straight away with the agency, they responded that there was no record of the conversation to say that the rent would increase once the issues had been fixed.

The question I have (and i apologise for the essay above) is:
1. The eviction notice says that i am in breach of my tenancy agreement. The exact wording is:
"The reason for termination of the tenancy is due to the breach of your tenancy obligation(s) in that you failed to pay the rent in accordance with the terms of the tenancy agreement and your obligations under the Residential Tenancies Act 2004"
If they haven't sent me out said tenancy agreement, and I still have the original one from 2009, am i in breach?

If I'm playing silly beggars and should just pay the backdated rent, let me know,

Thanks

Victor

Write everything down, now! Get any copies of any correspondence / emails and any phone records.

I take it that you have paid the increased rent for June / July.

Noodles121 wrote: »

If I'm playing silly beggars

No, I think it is them.

Write to them, by registered post, clarifying who said what and that they appear to be confused. Tell them that you are up to date. Tell them of the transgressions they have made. Demand an up-to-date statement of rent paid. Demand a letter confirming that you are paid up-to-date. Let them know that if they take any further action against you, that you will open a complaint with the PRTB.

That they can't keep their records in order is their problem, not yours.

Noodles121

Thanks Victor,

I'm putting together a document about it at the moment. Yes, I have paid the rent increase when I had agreed in person with the propoerty manager.

I've a number of emails where I call this out and then never corrected me on that assumption.

Noodles121

Just thought i'd respond to this to let people know what happened. Typed up letter (3 page document), sent it to the landlord twice as a registered letter. They emailed to apologise and to say that i was right. No eviction taken place..

Job sorted - learning from this is to try and communicate as much through written media as possible, easiest way to keep track ..