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Landlord Locks Out Tenant

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    #62
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    dr.fuzzenstein wrote: »
    So, if I am a tenant and come home to find my LL dangling a set of new keys from his fingers, smiling at me and saying "what are you gonna do, huh?", the gards won't do anything. But it also seems that if I now decide to say "up yours, fatty" to my LL, walk past him, jimmy open a window and get in that way, the gards won't do anything either, so me and my LL will get the usual stifled yawn and "dunno, civil matter, <<mod deletion>>. And then him and me running to our respective solicitors to consider further action.
    So, in short, if locks changed, give LL two finger salute and break in anyway, <<mod deletion>>.

    Haven't seen you in a while, glad you're here! Excellently put. Thoughts anyone?


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    #63
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    dr.fuzzenstein wrote: »
    So, if I am a tenant and come home to find my LL dangling a set of new keys from his fingers, smiling at me and saying "what are you gonna do, huh?", the gards won't do anything. But it also seems that if I now decide to say "up yours, fatty" to my LL, walk past him, jimmy open a window and get in that way, the gards won't do anything either, so me and my LL will get the usual stifled yawn and "dunno, civil matter, nothing to do with me, gotta go, <<mod deletion >>. And then him and me running to our respective solicitors to consider further action.
    So, in short, if locks changed, give LL two finger salute and break in anyway, <<Mod deletion>>

    Mod
    Derogatory remarks re Gardaí deleted. Pls keep it civil here

    Do that and the Garda will arrest you for criminal damage burglary and anything else they can think of.

    Of course if you found yourself inside the property without anyone seeing you and any damage from entering was repaired then the landlord can do nothing as you are their tenant.


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    #64
    Kings Inns or bust
    Closed Accounts Posts: 631 ✭✭✭Kings Inns or bust


    foggy_lad wrote: »
    Do that and the Garda will arrest you for criminal damage burglary and anything else they can think of.

    Of course if you found yourself inside the property without anyone seeing you and any damage from entering was repaired then the landlord can do nothing as you are their tenant.

    I'm doubtful they arrest where they believe the person concerned is a tenant. If they did arrest the person it would be in a situation where no crime is being committed.

    You can't commit a burglary on your own property:
    (a) enters any building or part of a building as a trespasser and with intent to commit an arrestable offence

    You can't trespass on your own property, even then you're not meeting intent requirement.

    You can't cause criminal damage to your own property:
    2.—(1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.

    Bold point 1: Lawful excuse - I'm a legal tenant gaining access
    Bold point 2: The property belongs to the tenant
    Bold point 3: The LL could be guilty of criminal damage as there is simply a recklessness standard here, perhaps the fish will need feeding!


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