I need advice about a landlord (eviction)

JamAndSam

Basically I need advice regarding an eviction.
The house is also for sale and it's a house share
My landlord evicted me on the grounds that "my girlfriend was coming over too often"
and just to clarify she was not living in the house.
not making noise, not disrupting with other tenants,
I have been living there for 6 months, he went into the house knocked on my bedroom room and he told me on the 15th march that I should be out by 31 March.
I asked him for a "eviction notice" in writing which refused, and replied that "I'll give you the deposit"
I know he has broken laws and didn't give me 28 days to leave.
I'm asking for advice on what is the pragmatic thing to do next ?
I'm currently looking for new house shares, cleaning the room and taking photos of everything.

Graham

If you're sharing a house there's a reasonable chance that you're a licensee rather than a tenant.

JamAndSam

Despite residing within the house-share for 6 months, and having all rent paid ?

I have never signed a lease, but I have if I have read that if I resided in the house for at least 6 months, I automatically gain tenants rights.
This is the point

I'm deeply considering legal action, I don't receive my deposit in full.

Stheno

What was the exact date you moved in? Does the landlord live in the house?

JamAndSam

Despite residing within the house-share for 6 months, and having all rent paid ?

I have never signed a lease, but I have heard that if I resided in the house for at least 6 months, I automatically gain tenants rights.
This is the point

I'm deeply considering legal action, I don't receive my deposit in full.

JamAndSam

I moved in on the 22/9/15, he's wants me gone by the 31 march, and no the landlord does live in house.

He would regularly come with his own key, with a cigarette and coffee talking to a friend of his in the house for 30-40 minutes, usually if he's coffee gets cold he would put it in the microwave and leave.

JamAndSam

I moved in on the 22/9/15, he's wants me gone by the 31 march, and no the landlord does live in house.

He said on the 15th of march that he wanted me out.

He would regularly come with his own key, with a cigarette and coffee talking to a friend of his in the house for 30-40 minutes, usually if he's coffee gets cold he would put it in the microwave and leave.

Stheno

JamAndSam wrote: »

I moved in on the 22/9/15, he's wants me gone by the 31 march, and no the landlord does live in house.

He would regularly come with his own key, with a cigarette and coffee talking to a friend of his in the house for 30-40 minutes, usually if he's coffee gets cold he would put it in the microwave and leave.

Well on March 15th when he gave you notice you weren't there six months?

Paulw

You could file a dispute with the PRTB and see what they say, or contact Threshold.

JamAndSam

Stheno wrote: »

Well on March 15th when he gave you notice you weren't there six months?

Would he notice be illegal if, it was not in writing and if the landlord did not give me 24 notice that he come to the house.

JamAndSam

Stheno wrote: »

Well on March 15th when he gave you notice you weren't there six months?

Would he notice be illegal if, it was not in writing and if the landlord did not give me 24 notice that he come to the house.

and not give 28 days to leave the premises.

Stheno

JamAndSam wrote: »

Would he notice be illegal if, it was not in writing and if the landlord did not give me 24 notice that he come to the house.

and not give 28 days to leave the premises.

Yes he should give 28 days notice alright

mirrorwall14

JamAndSam wrote: »

I moved in on the 22/9/15, he's wants me gone by the 31 march, and no the landlord does live in house.

He said on the 15th of march that he wanted me out.

He would regularly come with his own key, with a cigarette and coffee talking to a friend of his in the house for 30-40 minutes, usually if he's coffee gets cold he would put it in the microwave and leave.

What do you mean and 'no the landlord does live in the house'?

If the landlord lives in the house my understanding is you have no rights

JamAndSam

Stheno wrote: »

Well on March 15th when he gave you notice you weren't there six months?

Would the notice be illegal if, it was not in writing and if the landlord did not give me 24 notice that he come to the house.

and not give 28 days to leave the premises.

Graham

mirrorwall14 wrote: »

If the landlord lives in the house my understanding is you have no rights

It's whether you are a licensee or a tenant that largely dictates your rights to notice not where the landlord lives.

What is a Licensee?
A licensee is a person who occupies accommodation under license. Licensees can arise in all sorts of accommodation but most commonly in the following four areas;

1. persons staying in hotels, guesthouses, hostels, etc.,
2. persons sharing a house/apartment with its owner e.g. under the ‘rent a room’ scheme or ‘in digs’,
3. persons occupying accommodation in which the owner is not resident under a formal license arrangement with the owner where the occupants are not entitled to its exclusive use and the owner has continuing access to the accommodation and/or can move around or change the occupants, and
4. persons staying in rented accommodation at the invitation of the tenant.

The provisions of the Residential Tenancies Act 2004 do not apply to the first three categories. Although most of the Act does not apply to the fourth category also, some provisions are relevant where the licensee is residing with the tenant and this leaflet is aimed at persons in that category.

JamAndSam

Crap typo sorry, I cannot seem to edit my last post.

NO the landlord does not live in the house.
sorry about that,

btw I'm still paying for rent, and I have just met the landlord he wants me out by 4:30 next thursday.

He mentioned signing a receipt that both he and I will sign when I'm leave stating
"In full and final settlement"


I have emailed threshold and PRTB, and I'm awaiting there response.

Paulw

JamAndSam wrote: »

I have emailed threshold and PRTB, and I'm awaiting there response.

You can't just email PRTB and expect the answer. You must lodge a formal dispute.

JamAndSam

Paulw wrote: »

You can't just email PRTB and expect the answer. You must lodge a formal dispute.

I contacted PRTB via their "submit query" option, I'm terrified of making a formal compliant on the basis that I lose my deposit.

Paulw

JamAndSam wrote: »

I contacted PRTB via their "submit query" option, I'm terrified of making a formal compliant on the basis that I lose my deposit.

Their response will most likely tell you to lodge a complaint. You can't lose your deposit for lodging a complaint, and if you did, you lodge a complaint about that and they will find in your favour.

JamAndSam

Personally I just want this entire thing over !!!

I have paid all the rent (including this week), even after the LL said I was evicted,

and all bills (excluding this current week).

Now he starts talking about a "full and final settlement agreement" in which both of us sign this week.
and I leave the house.
hand over the keys.
and he gives me back my deposit (which I'm starting to think I won't get the full amount)

In my opinion I think he's trying to make me believe he's doing me favor.

The more I think about it, the fishy it looks e.g I checked out the property on PRTB and it's listed twice and also the number of bedrooms is wrong.

Clampdown

Lodge a dispute with the PRTB straight away, it's an illegal eviction. It's 15.00 euro, you can do it online. Otherwise he's just going to chance his arm with these bully boy tactics. Stand your ground and don't go anywhere.

Stheno

How often was your girlfriend there/staying over?

JamAndSam

Stheno wrote: »

How often was your girlfriend there/staying over?

Very very random, sometimes twice a week, or three, she was never living there (which I asked my landlord and he confirmed, i'm evicted because she coming over often) we never cause hassle with anyone else in the house.

But there is one of the housemates (single, and only plays video games all night and smokes Weed) that is a massive pain the arse, he's been living there for like 7- 10 years and basically he has mood swings and complains all the time, and he's practically best friends with the Landlord.

In my opinion I think he was jealous of me.
and exaggerated the whole thing.

RossieMan

3 times a week is random?

Its almost half the week. Couples are a disaster to live with.

Stheno

JamAndSam wrote: »

Very very random, sometimes twice a week, or three, she was never living there (which I asked my landlord and he confirmed, i'm evicted because she coming over often) we never cause hassle with anyone else in the house.

But there is one of the housemates (single, and only plays video games all night and smokes Weed) that is a massive pain the arse, he's been living there for like 7- 10 years and basically he has mood swings and complains all the time, and he's practically best friends with the Landlord.

In my opinion I think he was jealous of me.
and exaggerated the whole thing.

That's a lot of time she was spending there and if your flatmate complained the landlord could claim it was anti-social of you

Doesn't excuse the notice etc

The guy being a friend of the landlord also complicates things

JamAndSam

RossieMan wrote: »

3 times a week is random?

Its almost half the week. Couples are a disaster to live with.

SHE WOULD NOT BE COMING AROUND THREE TIMES EVERY WEEK, I WOULD BE RANDOM, e.g if she just wanted to hang out and watch a movie,

Some weeks she would come over once and other times twice.

LITERALLY none of the flatmates has even had a conversation with her.


Also there is another guy in the house that brings his girlfriend back, and no one bats an eyelid !!!

Stheno

Sounds like a personality clash between you and the landlords friend

Move out and lodge the dispute with the prtb

JamAndSam

Stheno wrote: »

Sounds like a personality clash between you and the landlords friend

Move out and lodge the dispute with the prtb

I'm going straight to the local threshold.ie office first, then based on what they say I'll make a complaint to PTRB.

Thanks for your advice much appreciated

It's a complicated issue.

runawaybishop

JamAndSam wrote: »

I'm going straight to the local threshold.ie office first, then based on what they say I'll make a complaint to PTRB.

Thanks for your advice much appreciated

It's a complicated issue.

Threshold are useless but even they will just tell you to lodge a complaint.

Duiske

Stheno wrote: »

Move out and lodge the dispute with the prtb

That could prove to be a problem. The landlords appears to be playing sneaky here and is trying to get the tenant to sign something stating that his moving out was by mutual consent or similar. That's why he is tying the return of the deposit to the signing of this "receipt". If the tenant signs anything to get his deposit back it can only complicate any future complaint, but if he doesnt sign he won't get the deposit. Sounds very messy. If the op can find a place in the meantime he's better off to just take the deposit and run.

JamandSam wrote:

He mentioned signing a receipt that both he and I will sign when I'm leave stating
"In full and final settlement"

Boater123

Clampdown wrote: »

Lodge a dispute with the PRTB straight away, it's an illegal eviction. It's 15.00 euro, you can do it online. Otherwise he's just going to chance his arm with these bully boy tactics. Stand your ground and don't go anywhere.

Bad advice, it's not clear whether you are a tenant or a licensee. You need to be certain of this one fact before deciding what course of action you should or can take. You can not take a case with the PRTB if you are a licensee (see post 15, point 3), only if you are a tenant. If you don't have tenants rights, then standing your ground and don't go anywhere could see you leaving the house a lot sooner, and legally as well.

JamAndSam wrote: »

I'm going straight to the local threshold.ie office first, then based on what they say I'll make a complaint to PTRB

This is the best thing to do. Advice from randomers on a forum is not always the best way to go.