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Does this constitute proper notice for a spot check?

  • 03-06-2016 07:10AM
    #1
    Registered Users, Registered Users 2 Posts: 3


    My landlord sent out a mass email to all his tenants stating that he will be conducting spot checks as he has suspicions people have been keeping illegal pets. Does this constitute proper notice, or does he have to contact me specifically and state a date and a time that I then have to agree to? I don't want him entering the place while I'm gone.

    Second question. The lease states that the tenant must "co-operate with the LL if it becomes necessary for him/her to enforce the Tenant's obligations under the tenancy in order to comply with Section 15 of the 2004 act". Seeing as: a- I neither have nor ever had any pets, legal or otherwise, and b- the landlord has absolutely no proof or reason to suspect that I might have any pets, is he allowed to enter the apartment without notice or permission either way? I've been going through the lease and the 2004 act with a fine-tooth comb but I can't figure out of suspicion of keeping pets is reason enough to enforce the clause above.


Comments

  • Registered Users, Registered Users 2 Posts: 4,753 ✭✭✭Bigus


    Would you not just let the legal owner of the property in to see it , unless there's a lot to hide ?

    And people wonder why landlords are getting out of the game and there's a shortage of properties to let.


  • Registered Users, Registered Users 2 Posts: 1,453 ✭✭✭ads20101


    He is not giving you exact information. Equally the landlord does not appear to have cause against a paticular tenant.

    It would be the same as stating to you that he can come in and out as he pleases.

    He cannot.


  • Registered Users, Registered Users 2 Posts: 3 kevnin


    Bigus wrote: »
    Would you not just let the legal owner of the property in to see it , unless there's a lot to hide ?

    And people wonder why landlords are getting out of the game and there's a shortage of properties to let.

    I have nothing to hide but I also know my rights. There are two separate clauses in the lease that state that: a- the landlord has to give notice in writing and I must allow access to him "at a date and time agreed in advance", and b- access without giving notice is required only in case of emergencies. These are the terms we both agreed to. He has no valid reason to breach these clauses unless the clause I quoted in my OP overrules these two somehow. Which is what I wanted to know in the first place.


  • Registered Users, Registered Users 2 Posts: 4,026 ✭✭✭budgemook


    Bigus wrote: »
    Would you not just let the legal owner of the property in to see it , unless there's a lot to hide ?

    And people wonder why landlords are getting out of the game and there's a shortage of properties to let.

    Landlords are getting out of the business and there's a shortage of properties to let because tenants don't want them coming and going as they please without giving notice or times when they'll be coming? LOL .

    OP, nothing worse than an intrusive landlord . Ask for notice and an exact time.


  • Registered Users, Registered Users 2 Posts: 657 ✭✭✭tracey turnblad


    Would you not just email him back and ask him for a time and date in writing as per contract? No need to have your knickers in a twist. I understand you don't want him popping in whenever regardless of having a pet or not. He probably knows who has the pet but is sending out a mass email to cover his ass. Just ask him to drop you a letter when he'll be out and you'll make sure to be there to let him in


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  • Registered Users, Registered Users 2 Posts: 3 kevnin


    I messaged the landlord yesterday re: date and time, no reply yet. I'm slightly pissed at the thought he might pop by and let himself in while I'm away or, worse, sleeping (I work shifts). He's done that at least once before, another neighbor came home and found him in their apartment with some other guy 'inspecting' the boiler, and no notice had been given.


  • Registered Users, Registered Users 2 Posts: 26,741 ✭✭✭✭Mrs OBumble


    kevnin wrote: »
    He's done that at least once before, another neighbor came home and found him in their apartment with some other guy 'inspecting' the boiler, and no notice had been given.

    It's not reasonable notice.

    I was going to suggest that in the current rental market you should consider whether it's worth p1ssign him off by reacting badly - but this later information puts a whole different tone on it.

    Make sure that he knows you different work shifts, and are around at odd times (should put him off popping in, if he never knows when you will be there). But still co-operate, and possibly even dob in the pet keepers if you know who they are.


  • Posts: 24,774 ✭✭✭✭ [Deleted User]


    I understand notice is supposed to be given of an exact date and time but in a situation like this one how is a LL supposed to find out if something is happening if he can't do an impromptu check (I don't mean call around and let themselves in, I mean knock on the door and ask to check that rule "x" which was in the contract is not being broken.

    If he always gives a date and time people can hide things.


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