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Rental accomodation and noise

  • 28-11-2016 12:02pm
    #1
    Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭


    Hi everyone,

    A brief history of my issue, and hoping to get some advice, or possible solutions.

    Okay, since 2013, I've been living in the same rented accomodation, I've been here for almost 4 years now, and for the first few years I had little to no issue with my landlord. (Simple things about tidyness, just cleaning up and making sure to hoover the place-nothing major-and myself and my roommates would take turns on cleaning, so it was no problem. Easily resolved).
    Anyways, after two years, one of my room mates I was living with moved out (got engaged) and a new room mate moved in. A year later, both of these roommates moved out also-one for work, the other decided to move in with his girlfriend. Throughout my tenancy with them, there were no issues, no problems and literally if the landlord had anything he wanted to say, he could just say it or ask us.

    Well, after they left, two new roommates moved in (this occurred back in December2015/ January 2016-one was a professional working locally, the other was doing a part time course whilst on unemployment assistance-and the professional was a model tenant, bar tidyness, whilst the student...was trouble. Mentally unbalanced, an alcoholic, and with obvious psychological issues. She started making claims against both me, and the professional, claiming she knew both of our former roommates, and also that the professional refused to pay bills. Couple this with some serious accusations, bringing people around the house and having drinking sessions, and possible drug use-but whilst both I and the other tenant complained, the landlord seemingly refused to do anything. Well, one night, whilst the professional had gone away to relatives, I was working in the kitchen. Just typing, making the occassional cup of coffee-the student rang our landlord claiming I was making noise. In trying to keep the peace, I agreed to not work after 12 midnight. Keeping him awake, and that it was a regular occurrence. This occurred at 4am, I was asleep by then, and had switched my phone off-so the landlords calls to my phone remained unanswered. The following morning, I switched on my phone. I received all the messages, clarified my case, and informed him of what had been going on-he didn't believe the circumstances, even when the professional corroborated my story.
    Well, a few days later-the student had a party, brought around those same friends, started a fight with one of them, and the landlord was called-he showed up(obviously horrified), and told them they would be evicted. This was back in late March.
    The student was out before the second week of April.

    A contract worker moved in, stayed for about 6 months (the term of contract) then left. It did annoy the landlord, as the rental contract was for 12 months, and he left after 6.
    Afterwards, the professional moved out a few months later (bought a house, I think he was tired of renting) and now I share the flat with two new tenants.
    No complaints were made by either of these previous tenants regarding any noise on my part, and I didn't violate the agreement.

    Well, recently (the last two days) I was working late at night. Yes, it wasn't ideal, but I had a deadline to meet-I know that is no excuse. I assumed nobody else was in the house, as both the new tenants have cars, and no car was out front. Well, I wasn't blasting music, but one of my new roommates called my landlord saying I was making noise. Well, yes, I won't disagree there. No music blasting, for sure, but probably moving a chair, or boiling a kettle. Not clever on my part. Again, I only realised after my mistake someone was in the house, and someone had borrowed their car.

    However, my landlord is now threatening me with a formal warning, saying that should the incident occur again, I'll be evicted within two days.

    My problem arises in that since I was not at fault before (if I had, the other tenant would have been kept awake too, but it was only the student who claimed she was) and since these are new tenants, can my landlord do such a thing? I haven't been at fault for anything before, bar simple issues like tidyness.Now he is claiming that I am a 'repeat' offender, regarding noise, even when this was always refuted by the previous tenant.

    I am just seeking some advice on the issue. As in since this is, technically, a lapse, and not a repeat offence, what should I do?


Comments

  • Closed Accounts Posts: 542 ✭✭✭dont bother


    move out and find a decent sound landlord. he sounds like a hyper sensitive nightmare.
    boiling the kettle!? wtf!?

    you can also tell the landlord that as he is not in the house and has no proof then he can not give YOU a warning. it is the other tenants at fault for making "bogus allegations".

    i'd move out though. or at least take his threat with a pinch of salt.

    how come you didnt pick nice/better roommates?
    if he is choosing the room-mates, then how come he got thick with YOU for the contract 6-month guy? that's his own fault!?


  • Posts: 24,713 ✭✭✭✭ [Deleted User]


    How have you managed to end up with more than one housemate who automatically calls the LL in the middle of the night? It's bizarre someone would call a LL over a minor dispute with a housemate, most LLs would tell them to feck off and sort it themselves unless it was an ongoing problem.

    Did you confront the housemate on why they called the LL rather than just asking you to turn down the music?


  • Registered Users, Registered Users 2 Posts: 484 ✭✭little bess


    Did your housemate ask you to stop being noisy during the second incident before they called the LL ? Obviously your landlord is fed up with phone calls about your behaviour? I don't know what legal recourse you have, sorry.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Hi folks,

    All these responses have been a blessing, let me tell you. No sarcasm, genuinely serious here.

    Anyways, yes, how indeed is right-regarding the roommates calling at the early hours. Like, if I ever annoyed any previous roommates (I have lived in shared accomodation for about 15 years-moving around for study and work. A house is never stable because I don't think I can stay there in case of having to move) they will tell me straight to my face, and I them. It's usually stuff like tidyness or checking the locks at night (in frost they can stick, so the door may seem locked but isn't).

    Like, I have had landlords before who can give him references for me (he didn't want them, saying, when I first met him, he could tell I was a decent person) so if he wanted those, I could provide them. One such landlord I rented from for much the same length of time, and no issues ever occurred. I had issues with one room mate in my entire renting years while I lived with him, but that guy caused my other 2 room mates problems, so it wasn't just me. There were 4 of us renting, and this was not in my current accomodation.
    My then landlord was quick to sort that situation out-removing the problem tenant (he was someone who drank, made noise, smoked weed, urinated on the back lawn etc).

    Ah yes, there was no music-that's the thing. It was just adjusting chairs, making coffee, and maybe the closing of a door or two. If I had known someone was in the house, I wouldn't have done any of that-like I said, they usually have their car out front, but I think they lent it to someone, or it may be up for the NCT-I don't know. I would have been like a mouse going to mass if I had know someone was in the house. If I was playing music, I would always have headphones on-just out of courtesy and habit. I was not even doing that-playing music I mean.

    Like, I don't understand how they could not walk downstairs, and be like, 'hey, can you keep it down or work in your room or something?' I would have done that, that would be easy. Instead, yeah, this. And the thing is, he still tries to blame me for the behaviour of the unstable student-the person who, when I confronted them on why they called the landlord at 4 am, said 'it's because I wanted to get back at you because you wouldn't talk to me anymore'.
    Yes, that is legitimately what they said, I had stopped talking to them because of their behaviour and the verbal abuse.
    I have even told him to speak to the previous roommates-but he's all like 'well they are gone now' but even if they are, he is quick to bring up the past behaviour of one.

    Sadly, he is choosing the roommates-it might be up to those staying there already to meet them-but other than one occassion, the selection is not up to us.
    I haven't had a chance to speak to my room mate, work and all, for the last two days-but my landlord wants to speak to me about my 'conduct'. He hasn't wanted to talk to me about that since the student was here-and I clarified that. Days later he saw the student was trouble, and fighting their friend only proved it.

    Yeah, like, he's had a go about me about my shoes-told me to get slippers because they would make less noise. I already had slippers, so yeah. Then he has an issue with me leaving my laptop in the kitchen-and to go into my office to work from 9 until 5 or 10-but the internet in my office is often unbearably slow-sometimes cutting out entirely. I can get more work done from my apartment.

    So do I need evidence then? And if he hands me a formal warning in paper what do I do?


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    What's the nature of your contract with the landlord? Are you renting rooms or are you the head tenant and filling the other rooms yourself?

    Anti-social behaviour is the only thing that can be addressed within the law as a grounds for termination in this instance. This requires it to be 'persistent'. Two incidents in 3 years is not persistent and you would have a rightful claim of invalid notice of termination. Even in that instance you would be entitled to 28 days notice for breach of tenant obligations.


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  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Did your housemate ask you to stop being noisy during the second incident before they called the LL ? Obviously your landlord is fed up with phone calls about your behaviour? I don't know what legal recourse you have, sorry.

    Well, the second incident-no, nothing was said to me. Like, the first I heard of it was today. And like I said, no other calls were ever made to him about my behaviour outside of that one troublesome, then evicted, roommate.
    In fact, most of the calls made to him were about the troublesome roomie, from both me and the professional. We never stopped texting or calling, tbh, and that was over a 12 week period.

    He was difficult.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    What's the nature of your contract with the landlord? Are you renting rooms or are you the head tenant and filling the other rooms yourself?

    Anti-social behaviour is the only thing that can be addressed within the law as a grounds for termination. This requires it to be 'persistent'. Two incidents in 3 years is not persistent and you would have a rightful claim of invalid notice of termination. Even in that instance you would be entitled to 28 days notice for breach of tenant obligations.

    Thanks for the post. I am renting a shared accomodation, as in one room, an ensuite, to myself, and two others having their own rooms.
    I am not the head tenant, though I have been here the longest. So I have not had any issues before this. Just normal things like 'be tidy' and so on, and that was not a warning.
    Nothing that puts anyone elses comfort at risk.


  • Registered Users, Registered Users 2 Posts: 484 ✭✭little bess


    Well, the second incident-no, nothing was said to me. Like, the first I heard of it was today. And like I said, no other calls were ever made to him about my behaviour outside of that one troublesome, then evicted, roommate.
    In fact, most of the calls made to him were about the troublesome roomie, from both me and the professional. We never stopped texting or calling, tbh, and that was over a 12 week period.

    He was difficult.

    I'd say just stick to your guns then and take rabble rousers advice re. your entitlements to the LL when you next speak to him.

    It seems like it's your word against theirs, so if you have legal rights to back you up that will hopefully help you. Good Luck.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    I'd say just stick to your guns then and take rabble rousers advice re. your entitlements to the LL when you next speak to him.

    It seems like it's your word against theirs, so if you have legal rights to back you up that will hopefully help you. Good Luck.

    Thanks, but I think you mean Michael Not D Higgins- :), I'm RabbleRouser.

    Yeah, like, the weird thing is, the tenant who was evicted still seems to have more weight to her word than I do. Despite her clearly being untrustworthy (And she actually left him with unpaid bills that I tried to help to recover-sadly, to no success. Just the Water bill, and some others.)

    I'm taking all of this onboard, as well-like, I cannot believe more than six months later he is still harping on about the so-called noise by the person who called him out of spite, not genuine complaint.
    Her claim was completely dubious. And yet he still holds to it as some sort of golden ticket.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Thanks for the post. I am renting a shared accomodation, as in one room, an ensuite, to myself, and two others having their own rooms.
    I am not the head tenant, though I have been here the longest. So I have not had any issues before this. Just normal things like 'be tidy' and so on, and that was not a warning.
    Nothing that puts anyone elses comfort at risk.

    I think you need to have a word with the roommates to let them know you won't be doing it again, and to let you know before they run off to the landlord because it's easier and quicker to address immediately rather than through the landlord.

    As for the landlord, I'd only worry if he did go with an invalid notice of termination, in which case you can open a dispute with the RTB.


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  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Thanks, I'll do just that-like, he wants to talk to me about my so-called conduct. But 2 incidents in over 6 months is relatively easy going. Especially considering almost 3 years without incident.

    I am going to speak to them-but I want them to know that yeah, have a word with me-I can be an idiot regarding noise, but I'm not spiteful. I genuinely didn't know anyone was there on the night in question.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    If you haven't yet spoken to your housemates yet about this, why not? Do you not get on with them?


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    pilly wrote: »
    If you haven't yet spoken to your housemates yet about this, why not? Do you not get on with them?

    Oh, I get on pretty well with them, I often don't get back until maybe 11 pm at night, so they are asleep by then. I usually see them in the morning, and at weekends, but I'm neck deep in work a lot of the time, so I don't really get a chance to talk with anyone. By then, I'm back to grab some food, take out the trash, and get some sleep. That's it.

    They are working, so it's not like we can really chat too much.

    Also, my work will be done in about 6 or 7 months, so with all that time going by, I won't be there too long before I have to move onto somewhere else.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Oh, I get on pretty well with them, I often don't get back until maybe 11 pm at night, so they are asleep by then. I usually see them in the morning, and at weekends, but I'm neck deep in work a lot of the time, so I don't really get a chance to talk with anyone. By then, I'm back to grab some food, take out the trash, and get some sleep. That's it.

    They are working, so it's not like we can really chat too much.

    Also, my work will be done in about 6 or 7 months, so with all that time going by, I won't be there too long before I have to move onto somewhere else.

    That's fair enough, I was just wondering why they would ring the LL instead of just saying it to you. Not blaming you but maybe you have an unapproachable look or manner? Strange that both times people rang the LL too. Is he telling them to ring him? Maybe he's looking for some excuse?


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    pilly wrote: »
    That's fair enough, I was just wondering why they would ring the LL instead of just saying it to you. Not blaming you but maybe you have an unapproachable look or manner? Strange that both times people rang the LL too. Is he telling them to ring him? Maybe he's looking for some excuse?

    Well, I try to be approachable, I even speak to them when I can, both room mates, but unfortunately, work is work-one pays, talking doesn't.

    The first time, as I mentioned, the person who called him was completely unstable. In fact, I was significantly closer to the other tenants room, and never woke them. That other person did so in order to just get back at me-like, they had significant problems, and when I just decided to not speak to them, to avoid the hassle, they tried to get back at me. They projected their issues, notably when they claimed I was making noise, whilst they were having parties which kept myself and the other room mate awake. So when he saw that yeah, this person was trouble.

    I find it odd that the second time this happened-as before, if there was an issue with a roommate, like tidyness, noise, whatever, I'd speak face to face to them. I've had issues with previous roommates who I've had to speak to about noise-one was on a date with her boyfriend, and I had to talk to her a day or two later (I wasn't home) about the noise. It was sorted.
    So yeah, I can speak to people one to one, without going to the landlord. I only go to the landlord when its a serious issue.

    Yeah, I think he sees me as a problem-even when I pay my rent on time, every month. Like, he has had tenants move out who he really liked, and I believe he thinks I'm to blame. The professional I mentioned he really liked, and they bought a house and left after 9 months. I don't think they liked how he handled the situation with the troublesome tenant, and left before the 12 months contract was up. He was to blame for that, not me. We never stopped telling him about the problem.
    Like, I won't be there for much longer, a few months only, but having to deal with this crud is not fun. At all.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Okay so now my landlord is trying to get on my back about my laptop. Like, I have often been working in the kitchen, or the dining room, after 6pm-and now he's trying to force me to no longer do so, claiming that if I have to work, that I should do so in my office, or my room-as there are better facilities there.

    I've purchased my own internet, Virgin Media, and as I said before, I often get better speeds at home-the office internet is terrible.
    My room is cramped, so working in there is going to be a problem.

    Can my landlord enforce such a thing? I mean, saying I cannot have my laptop in the kitchen after 6pm? It's never been a problem, outside of the bogus claims by the student.

    Keep in mind, that another tenant also has a laptop, and uses it in the dining room and kitchen, so if he tries to enforce the rule on one, without the other-is he creating a problem for himself or me.


  • Posts: 24,713 ✭✭✭✭ [Deleted User]


    While a lot of what you have said has been unreasonable from the other tenants and the LL I'll be be honest and say I think it would get annoying in a houseshare if someone was using the kitchen as an office every evening for hours (which it sounds like). People come in to cook etc and they don't want someone having the table taken over or someone always in the kitchen when they go to make a cup of tea, people feel you are working and have to tip toe around you etc. People would have laptops on their laps in the living room or might have it on the table while eating etc but in any houseshare I've lived people would go to their room if they are doing prolonged work in the evening.

    That being said I don't know why the LL is getting involved.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Okay so now my landlord is trying to get on my back about my laptop. Like, I have often been working in the kitchen, or the dining room, after 6pm-and now he's trying to force me to no longer do so, claiming that if I have to work, that I should do so in my office, or my room-as there are better facilities there.

    I've purchased my own internet, Virgin Media, and as I said before, I often get better speeds at home-the office internet is terrible.
    My room is cramped, so working in there is going to be a problem.

    Can my landlord enforce such a thing? I mean, saying I cannot have my laptop in the kitchen after 6pm? It's never been a problem, outside of the bogus claims by the student.

    Keep in mind, that another tenant also has a laptop, and uses it in the dining room and kitchen, so if he tries to enforce the rule on one, without the other-is he creating a problem for himself or me.

    Is the crux of the problem that you're taking over the kitchen and the others feel uncomfortable? I can't help feeling there's more going on here.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    There is a difference between using the laptop in the kitchen and working there all evening. At the same time I'd go mad if someone was restricting my freedom like this. Can you not rent somewhere on your own?


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    pilly wrote: »
    Is the crux of the problem that you're taking over the kitchen and the others feel uncomfortable? I can't help feeling there's more going on here.

    Sure, no problem. Well, the thing is, I've always asked 'hey, is it okay if I work here?'. And nobody's had an issue.

    On the other hand, the person who left after 6 months seemed to have an issue with me. Like, they would often have their other half over, and then would take over either the dining room or the kitchen. I have a laptop, that's all I put anywhere (I move around every few years, again, for work, so I don't 'decorate'. Just have what I need, in a case. That's it). When they left, again, , they tried to stiff me out of paying the for the waste bins (it always became a hassle to get money out them, to be honest-3 weeks one time to get paid for waste disposal).
    I consulted the landlord, and took the payment for the bins out of their security deposit- it was part of the utilities, it had to be paid, and they had not informed me their contract was up (both the landlord, my then roommate, and I had been told they were on a 12 month contract-instead, it was 6, but the lease requirement was 12 months) so I had no other option, as they would not return calls or texts. They seemingly said something about my laptop. However, they would leave theirs in the dining room too, usually hooked up to the TV in order to act as a dvd player.
    That tenant is gone, and only said something when they left-the current tenants haven't said anything, but if they were, I would adjust my behaviour. Obviously. And, since both have laptops of their own, it's not like I'm the only one using a computer.


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  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    pilly wrote: »
    There is a difference between using the laptop in the kitchen and working there all evening. At the same time I'd go mad if someone was restricting my freedom like this. Can you not rent somewhere on your own?

    Tried-sadly most places in the area are owner occupied or away from where I'm working. It's a small town, so there aren't very many options. Renting alone is double or triple the cost of what I'm paying, but my landlord had been reasonable before. Now with 4 tenants leaving in 9 months, he's gotten drastically unreasonable.

    Again, like, I don't have people back here or anything, whilst others in the house do-if I meet people, I meet them outside of the house, like, pubs, getaways, b and b or whatever-


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    While a lot of what you have said has been unreasonable from the other tenants and the LL I'll be be honest and say I think it would get annoying in a houseshare if someone was using the kitchen as an office every evening for hours (which it sounds like). People come in to cook etc and they don't want someone having the table taken over or someone always in the kitchen when they go to make a cup of tea, people feel you are working and have to tip toe around you etc. People would have laptops on their laps in the living room or might have it on the table while eating etc but in any houseshare I've lived people would go to their room if they are doing prolonged work in the evening.

    That being said I don't know why the LL is getting involved.

    That's the weirdest part of it-like, I always consult with people about anything-if I'm cooking, if I'm making tea, coffee, etc, and if I'm in the way I will always be like 'hey, am i in the way, do you need the table etc etc' and they will tell me yes or no-I don't get territorial. I may have been here for a while, but that doesn't make me territorial or anything.

    It was just out of the blue that he announced it one evening-like 'I've decided you cannot use the kitchen/ dining room-you're banned, have to use your room instead'. When I pressed him on this days later, he said to do work after six in your office or room, as I think he knew that was far too restrictive. As I said, I consulted my roommates, it wasn't like I was pushing them aside.
    For him to say this was completely random on his part.


  • Registered Users, Registered Users 2 Posts: 170 ✭✭Suzyq


    It sounds to me like maybe your roommates are saying one thing to you and another to your landlord.

    Some people are just not comfortable with conflict (even in the case of something minor) and so while they may say to your face that they don't mind you working at the kitchen table, they may be complaining to landlord that they can't enjoy the use of the kitchen.

    Seriously painful to have to deal with.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Tried-sadly most places in the area are owner occupied or away from where I'm working. It's a small town, so there aren't very many options. Renting alone is double or triple the cost of what I'm paying, but my landlord had been reasonable before. Now with 4 tenants leaving in 9 months, he's gotten drastically unreasonable.

    Again, like, I don't have people back here or anything, whilst others in the house do-if I meet people, I meet them outside of the house, like, pubs, getaways, b and b or whatever-

    You'd be nearly better off in an owner occupied place given the amount of interference your landlord is running. I've never heard the likes of it in a house-share.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Suzyq wrote: »
    It sounds to me like maybe your roommates are saying one thing to you and another to your landlord.

    Some people are just not comfortable with conflict (even in the case of something minor) and so while they may say to your face that they don't mind you working at the kitchen table, they may be complaining to landlord that they can't enjoy the use of the kitchen.

    Seriously painful to have to deal with.

    Interestingly, the person who complained did so when they left the house-it wasn't during their tenancy that they complained.They left a good 3 or 4 months ago now.


    Well, that's the thing-I've had to get used to 5 new tenants in 9 months-and while I can normally figure out what is going on, there seems to be a constant flow of having to get used to new people-some are easy going, some may be more tenuous, but I make the effort, it's just work has been hectic.
    The difficulty I have encountered is that I believe my landlord is also violating the tenancy agreement as he will allow himself into the house without prior warning-even when I am in the house. He knows I don't have a car, so he can easily text to check ahead to make sure someone is home-if not, I would have no problem giving permission for him to enter the house.
    Or refuse, depending on the circumstances.

    Like, I have lived with males and females in the past, most of the time with the females, it was non-relationship, so I could just adjust my way of living and not have issues. There seems to be a distinct issue with the current roommates that I don't understand.

    In the past 9 months, things have been pretty stressful at times, as roommates have incurred the wrath of neighbours (one just decided to pack rubbish into a bin-leave for the weekend allowing crows to open and attack it, and then a letter from the neighbours complaining was dropped in the front door-the bag had been attacked by crows, ripped open, and spread around the front yard of the estate). I tidied it up-but there were some things I wouldn't touch, and left that to her to sort out, as they were beyond disgusting. Won't go into details, obviously. Her reaction was, literally, I don't give a spit. (Tidied up for censorhip purposes).
    She then left the boiler going one weekend, despite it being broken (it sounded like a shotgun going off every 10 minutes) and when I returned that weekend, only then did she inform me there was a problem with the boiler and the water was cold. And the tap was leaking in the kitchen too.
    It took 3 days to fix the boiler.

    Like, if someone has been like 'don't worry, we won't get in your way' (one tenant said that, and they didn't, when having a few friends over) I always say 'don't worry, this is your house too'. If a conflict had arisen, just speak to me. Most will confront about anything.

    Like, when there was the troublesome tenant, I made sure to record their drunken behaviour, to prove it was not me making up tales. (I believe either Daft or RTBI recommends this, as either audio or visual recordings to prove difficult tenants are important). Yet when a complaint is made against me, it's not without any evidence or merit. It's just their word. And the landlord seems to believe them.

    I'm compiling the notes from users here, as they are important to me. I find the LL's recent behaviour to be quite annoying and irritating, to say the least, as he understood, from previous tenants, that despite my working hours, I was not difficult. I can even provide a landlord reference that shows I have maintained a good relationship with previous landlords. So his actions are quite disturbing. Especially after 3+ years of tenancy. I am meeting with my landlord in the next few days, or week, so I will discuss it all with him then.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Well, I discussed the incident with one roommate, and with the offended one-and the room mate in question has lied to both of us.

    They have stated that they went to go down the stairs, to tell me to be quiet, but I had gone to my room by then-this does not match up with the time of my landlord sending me a text message.
    Not at all.

    Couple this with the admission, to the other room mate, that their car is being repaired, and thus they were dropped down on the night in question, and that their car is being repaired, still. Yes, it's not out in the parking area yet.

    My other roommate, who is still also new, as in here for a mere two months, is refusing to hear my side of the story. They were not there on the night that the call was made.

    What I am wondering is if the roommate in question, by alleging a bogus claim, is, in essence, making themselves into a nuisance tenant who should be issued with a warning? Calling the landlord in the early hours of the morning cannot be right. Especially when it is one persons word against anothers, regarding the noise.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Well, I decided to speak to my landlord-who had walked in, collected the gas bill, and not alerted me or anyone to his entering the house. I was not present.

    HE was not for listening. He really was not. I told him that the tenant who had raised the issue before would recant that. Like, it was nothing. Now he's saying that 'oh, well, I haven't spoken to her in over 6 months' etc-and that they owed me a water bill. But the water bill should have been taken out of the deposit-he didn't, so she's not obligated to pay.
    Now he's just not listening-he really isn't. He seems to think I was pushing that person to recant the statement. I haven't. And since she's no longer here, it's not like i'm forcing anyone.
    I mentioned the law-like, not in a 'I'll sue you' but in a 'these are the laws-i did not violate them'.

    He's claiming I'm violating the agreement, then accused me of harassing him by ringing at 5.30 pm. Also, as I mentioned one of the tenants bringing a guy in, who had either broken a finger or a toe, then creating worry because of that-like, he was inebriated, he might not know when he'd broken those fingers or toes. When the tenant was like 'oh, he didn't stay the night-i informed him they did-slept on the couch too'. And he still flip flopped.

    He said i've violated the tenancy agreement-then he's saying that by accidentally keeping the other tenant awake I've violated the tenancy agreement. Also, he theatened me with eviction- when I said 'i have only 6 months left on this tenancy' he's said 'do you want to stay there for the next month?' and threatened me again.
    I noted an incident whereby he didn't deal with a difficult tenant-that we had called him morning noon and evening and he tried to claim i was at fault for that. That was not true in the slightest, since it was all evident that she was affecting others work and sleep. The tenant was eliminated too. And I helped recover the key as they refused to return it.

    He collected the gas bill without contacting me, and then said 'oh, i've always done that'. And now he's being belligerent. I've said 'but you have to issue 24 hour notice'. Finally, I just could not speak to him anymore as he said 'i have to stop this call now' i said fine, and just hung up. I couldn't talk to him anymore. I just couldnt.

    He was just abusive-i'm wondering what to do now? Should I contact the Residential Tenancy Board. A solicitor? The gardai? I've already had to see my doctor regarding stress-had to take time off of work. It's paid sick leave too.
    (I don't normally have to do so-this is a rarity).


  • Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    You can try the RTB, he should not be threatening to evict you, but I'd say he can let himself into the common areas of the house, it sounds like you are only renting a room and have use of the kitchen rather than renting the entire property and subletting.

    At this moment there is has been no eviction notice served, no ongoing harassment, etc. So what you would be going to the RTB with is the behaviour of the other tenants and some comments that have been made to you. What you might consider is just having minimal contact with him for a while, and as your issues are normally caused by other tenants, the next time someone moves out, offer to get someone to fill the room yourself, this way you and the other tenants can have some control over who goes in there.

    Other than that look for somewhere else, but having lived in a similar properties as you now live in, I can tell you what you have experienced is common, most people use rent a room in a property from the LL as short term accommodation and move on, others use them because no one can stick living with them. If you live in the property long enough, you meet the crazies, so try and look for tenancy where the tenants have rented the whole house.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    davindub wrote: »
    You can try the RTB, he should not be threatening to evict you, but I'd say he can let himself into the common areas of the house, it sounds like you are only renting a room and have use of the kitchen rather than renting the entire property and subletting.

    At this moment there is has been no eviction notice served, no ongoing harassment, etc. So what you would be going to the RTB with is the behaviour of the other tenants and some comments that have been made to you. What you might consider is just having minimal contact with him for a while, and as your issues are normally caused by other tenants, the next time someone moves out, offer to get someone to fill the room yourself, this way you and the other tenants can have some control over who goes in there.

    Other than that look for somewhere else, but having lived in a similar properties as you now live in, I can tell you what you have experienced is common, most people use rent a room in a property from the LL as short term accommodation and move on, others use them because no one can stick living with them. If you live in the property long enough, you meet the crazies, so try and look for tenancy where the tenants have rented the whole house.

    My problem with looking for somewhere else is that the place I am living in now, as in the town, i'll be leaving in a few months. 6 or so. Tenancy's here are looking for 12 months. So if i leave, I'm not going to be able to take a tenancy anywhere else. I won't be able to take the full 12 months.
    Then if i leave, the deposit is gone.

    The strange thing is that prior to living here, I was living in another shared property for 4 years. NEver had an issue with the landlord-he was sorry to see me leave, but work called somewhere else. Then there was a time afterwards I had a room with friends (they owned their own house, said i could stay there if i just paid a reasonable rent, and helped with the tidyness of the house-nothing major, but that i only help hoover it). And I left there after about 12 months, so like, that was no written agreement-just a verbal agreement.

    Like, the thing is, when I moved in, there were 3 tenants in the place, all with laptops, all with use of the dining room and kitchen. We essentially, as tenants, were all allowed within the living area. They had laptops, often hooked up to the TV as DVD players-so it wasn't just me.

    I never had an issue with them, nor they me.

    So now the landlord is going between accusation and myth-like, when I said the person who made the allegation against me is now recanting- he lost it completely.
    I'm thinking he knows he's in trouble-since he claimed that he thinks I put her up to it. He tried to end the call, and i was allowing him to do so-but he kept talking. Eventually, I just had to end it myself.
    Say alright, goodby, and hang up.


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  • Registered Users, Registered Users 2 Posts: 1,447 ✭✭✭davindub


    Well look up part 4 tenancy rights, you have protections against eviction, after 4 years the LL can terminate the tenancy within the first 6 months of the new 4 year period, but he needs to give you 112 days notice.

    If there was serious issues, he could move to evict you on anti social grounds, but you can take a case with the RTB if he serves notice on these grounds, taking a case based on typing late at night or boiling a kettle would cause some merriment to others, and fail.

    But i'd advise to stop ringing/ answering calls from the LL etc to argue about it, let him issue whatever in writing from now on.


  • Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    To be honest Rabblerouser if I was you I'd just keep the head down and ignore him altogether. You said yourself you've only 6 months left so you could spend those 6 months stressing or just ignore it. As others have said he can't evict you so easily. Even if he does get around to it he has to give you a long notice period so you'll last the 6 months and leave it all behind. If it was going to be your home long term I'd say yeah get stressed but this is not worth stressing so much over.


  • Registered Users, Registered Users 2 Posts: 9,538 ✭✭✭TheChizler


    Not sure what to advise on how to deal with the others. They all just seem really unreasonable based on your accounts. Absolutely nothing wrong with making a cup of tea and doing quiet work at any hour in my opinion. People work all hours and as long as you're not making a racket I don't see anything wrong with it as long as you're not taking over the kitchen constantly, and as you say you're not.

    My only advice is keep a log of every incident and try to keep all interactions with the landlord written so you've a record.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    I don't really know what to say to you all but thanks, to be honest. You've all been very helpful. Yeah, the talk was literally just to try and be calm, and initially he was-but then he just lost it. I think when I stated how it was a bogus allegation, he tried to stop the call-and I was letting him go-and then he just lost the calm. He doesn't swear, but boy howdy did he start.

    Initially he was fine, but when I said that the previous alleger was gonna withdraw her statement-in writing-and admit it was a false allegation-he realised, I feel, that he had lost that vital allegation. Tried to say 'she's only doing that cos you talk to her'. But he hasn't been able to contact her in months, she changed her number, for one thing. So that's irritating him now. That the first claim is no longer legitimate. Couple that with allegations of past behaviour (calling him constantly about the difficult tenant, which was legitimate. So did the other tenant, tbh). And I still have a video of that trouble tenant, I recorded it based on advice from Threshold and her difficult behaviour (he witnessed it-its not as if it was made up.)
    When I tried to explain the law to him-as in where my rights as a tenant begin, he lost it again. I was not trying to be hostile, but he seemed to lose it when he lost that vital piece of information-ie the tenant who made the first allegation.

    Keep in mind-I didn't speak to him for 5 days. Thought he would have calmed down. No. He seemed ticked that I called him in the first place-but I did say, is it okay to talk, and just not bothering him. Well, yeah...that went well. (On my part-fine, on his-no. He completely lost his cool).
    He then started to get hostile- claiming why I was calling him about law stuff-rattling off information. Then brought up the above former tenant, and yeah, when I had a rebuttal to that, he was not happy.
    Well, I think that got him-tbh. When he realised I did my homework. Could provide information, then he tried to bring the neighbours into it-but the only time I ever see the neighbours is halloween, when the kids trick 'r treat. That's it. Again, I said I Would need evidence of that.
    Well, the more evidence I demanded to see, the more hostle he got. Even when I said he shouldn't have entered the house to get the gas bill, as nobody was there, he lost it again.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    pilly wrote: »
    To be honest Rabblerouser if I was you I'd just keep the head down and ignore him altogether. You said yourself you've only 6 months left so you could spend those 6 months stressing or just ignore it. As others have said he can't evict you so easily. Even if he does get around to it he has to give you a long notice period so you'll last the 6 months and leave it all behind. If it was going to be your home long term I'd say yeah get stressed but this is not worth stressing so much over.

    Thanks Pilly-it's been stressful. Probably gonna bump into him tomorrow due to a gas bill-but I have to prep myself for this. It's gonna get heated.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Okay, I think I have actually scared my landlord. He dropped off a gas bill today, really knocking on the door. LEft the bill, and as I was trying to unlock my bedroom door, and put on shoes. He dropped the bill and left. I didn't get a chance to open the door of my room-he left himself in, and walked out. Practically ran, tbh. Then got in his car, and sped off.
    He must have heard me getting my key in the lock of the door.

    So either he's now acting up, or he's realised he's made a mistake by pushing too far. His entire 'evidence' is now gone.

    My goal now is to just work, keep my phone by my side as I do so, and prevent any possible issues in the future. He has nothing on me, and nothing that would require a dispute to be resolved.
    I know I'm not out of the woods yet, but my plan is to just stay calm-I know my rights. Well, that is to say, thanks to all the wonderful people who have responded to my original post, I know my rights. Thank you all for the help so far. It's really been an absolute treasure trove.


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Okay, I think I have actually scared my landlord. He dropped off a gas bill today, really knocking on the door. LEft the bill, and as I was trying to unlock my bedroom door, and put on shoes. He dropped the bill and left. I didn't get a chance to open the door of my room-he left himself in, and walked out. Practically ran, tbh. Then got in his car, and sped off.
    He must have heard me getting my key in the lock of the door.

    So either he's now acting up, or he's realised he's made a mistake by pushing too far. His entire 'evidence' is now gone.

    My goal now is to just work, keep my phone by my side as I do so, and prevent any possible issues in the future. He has nothing on me, and nothing that would require a dispute to be resolved.
    I know I'm not out of the woods yet, but my plan is to just stay calm-I know my rights. Well, that is to say, thanks to all the wonderful people who have responded to my original post, I know my rights. Thank you all for the help so far. It's really been an absolute treasure trove.
    Are you sure you are a tenant and not a licensee?


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Stheno wrote: »
    Are you sure you are a tenant and not a licensee?

    Yes, I am sure I am a tenant-a licensee would be dealing with the tenants, living there while paying them. I've always dealt with the landlord-its only now he's been trying to fabricate evidence about me.


  • Registered Users, Registered Users 2 Posts: 9,538 ✭✭✭TheChizler


    Yes, I am sure I am a tenant-a licensee would be dealing with the tenants, living there while paying them. I've always dealt with the landlord-its only now he's been trying to fabricate evidence about me.
    Kinda sounds like you don't have exclusive access to the property if the landlord is coming and going from the common areas, that's one of the requirements for a tenancy. Of course the landlord could just be violating your tenants' rights.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    TheChizler wrote: »
    Kinda sounds like you don't have exclusive access to the property if the landlord is coming and going from the common areas, that's one of the requirements for a tenancy. Of course the landlord could just be violating your tenants' rights.

    I believe he is violating the rights, to be honest. If he thinks someone is home, he knocks on the door, and waits for them to let him in. Since there are three of us renting, with access to the kitchen and other areas, it's exclusive to us, as tenants.
    The previous tenant had to reprimand him once due to his entering the house, but i had provided permission then, as there was a repair needed in my room (the shaver plug wasn't working). Since that tenant has left, he has been more opportunistic.
    It's become more irritating tbh. Like, he will knock if a car is outside in the parking place, if not, he won't. He'll enter-and not apologise. Since he realised now that I have layed down the law more-he's been more crossing the t's and i's.

    When I first moved in here, he would always contact us to come into the house-even collecting the rent, he would make sure one of us was at home. Since then, he doesn't do that anymore.
    If repairs such as the boiler, which had to be done recently, are done, then i understand he can walk in as that is a vital comfort thing. But the rest of the time-he seems to pick and choose.
    He'll walk in and say 'oh, sorry, thought nobody was home'. So yeah, he's violating the tenancy. Even my former roommate often had to tell him off for that. Hence why he always asked first.


  • Posts: 24,713 ✭✭✭✭ [Deleted User]


    I believe he is violating the rights, to be honest. If he thinks someone is home, he knocks on the door, and waits for them to let him in. Since there are three of us renting, with access to the kitchen and other areas, it's exclusive to us, as tenants.

    If all three of you are renting the rooms seperately and paying your rent seperately to the LL then this is still very much a grey area you each only have exclusive access to your bedrooms but none of you have exclusive access to the common areas as how can you when the other housemates have access to them.


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  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    If all three of you are renting the rooms seperately and paying your rent seperately to the LL then this is still very much a grey area you each only have exclusive access to your bedrooms but none of you have exclusive access to the common areas as how can you when the other housemates have access to them.

    Well, no, it's more like, we are renting bedrooms, with me having an ensuite, the other room also having an ensuite, and one large room with a bathroom that is freely usable, but we leave it exclusive to the large room tenant.

    The kitchen and dining room area is shared-bills for gas, electricity and so on are divided equally among us. So one can use the kitchen, at any time. As well as washing machine, tumble dryer, and dishwasher. IT's not totally off limits to people.
    I think I was wrong about exclusive access, sorry-it's shared access to all of the dining room and kitchen.
    Shared utilities such as garbage and internet as well.
    So no, no exclusivity there-it's just one has a laptop which she seems to have no issue using-well after 6pm-whilst I on the other hand was barred from using mine. And since I am not using mine for facebook, it's irritating to state that I am the sole target of that.
    I've often had to state that I need my laptop-and deadlines being deadlines, I will work well after 6pm. If he starts issuing orders, then I have to state its a shared area, and I don't mind asking permission in case I am making a problem. I often move around stuff, like taking my clothes off of a radiator to dry them, for another tenant to do so. I can then just put them in the airing cupboard or something, to make space. I am not trying to be a nuisance, just live normally, reasonably, and without disturbing anyone.


  • Posts: 24,713 ✭✭✭✭ [Deleted User]


    Well, no, it's more like, we are renting bedrooms, with me having an ensuite, the other room also having an ensuite, and one large room with a bathroom that is freely usable, but we leave it exclusive to the large room tenant.

    The kitchen and dining room area is shared-bills for gas, electricity and so on are divided equally among us. So one can use the kitchen, at any time. As well as washing machine, tumble dryer, and dishwasher. IT's not totally off limits to people.
    I think I was wrong about exclusive access, sorry-it's shared access to all of the dining room and kitchen. Shared utilities such as garbage and internet as well.
    So no, no exclusivity there-it's just one has a laptop which she seems to have issue using-well after 6pm-whilst I on the other hand was barred from using mine. And since I am not using mine for facebook, it's irritating to state that I am the sole target of that.

    I didn't mean to suggest anything about how you or your housemates use the shared areas the point was about the fact that as none of you have exclusive use of the common areas that it's still a grey area whether the LL can enter and leave as he pleases or not. In a house with a single tenancy this is clear cut, the person who has the tenancy has exclusive access but in a rooms let seperately scenario it's no so clear cut.


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    Oh, okay, no problem on that. Sorry if I came across as hostile.

    No that's fine, it's okay to get clarity on that. Yes, it is a grey area, but since he had one behaviour before, and another now.... I would suggest the old behaviour was the right one.


  • Registered Users, Registered Users 2 Posts: 9,538 ✭✭✭TheChizler


    Is there a tenancy agreement per person or is it all under one lease that you're joint and severally responsible for?


  • Registered Users, Registered Users 2 Posts: 8,510 ✭✭✭RabbleRouser2k


    There is a tenancy agreement per person, with each responsible for their own time, work, room etc. Shared space in kitchen and dining room, downstairs toilet, washing machine and tumble dryer too. If something like, say, the microwave breaks down, he will replace it-but if something bizarre happened like someone smashed the glass of the microwave door, well, unless he can find who did it-or they admitted it-then we, all us tenants, would all be charged for that. (I lived in an estate before where one person, with wealthy parents (who she believed would pay for her crud), decided it would be fun, at the end of her lease, to rip all the piping out of the bathroom and kitchen house. So yeah, I've known people do all sorts of crazy things- the smashed door microwave is a hypothethical).
    Like, for example, the microwave, about a year or less old(the previous one decided to no reheat food any more), went on fire during the summer-I was the the one reheating a cup of coffee, the spinnerwheel underneath went on fire, and melted the glass plate. Well, obviously, I switched it off, called him, told him what happened since I was the only one in the house at the time. Well, apparently the brand of microwave is known for issues-faulty wires, all that stuff. But since he never called an engineer or anything (the glass plate inside it also broke apart, and when he tried assembling it to see what happened, he claimed some of the glass was not from the plate. I showed him where it fitted in the plate). Anyways, with all the accusations at me died down, I just said to heck with it, I googled microwaves at argos, found one reduced price by over 200 quid, about 98 euros (by the same brand) with similar dimensions as the other one. Rang him, asked him to collect it, that I would pay for it and reserve it, just give me the receipt at the end of the day for records and taxes. Whole thing was sorted by the day.
    On the other hand, a kettle in the house died 18 months ago-it kept tripping the switch when I tried to make coffee. He replaced that. Asked me to check it with other plugs int he house, to see if it kept doing the same thing-it did. So it was obviously faulty.
    So yeah, he's trying to come at me with faulse accusations, yet now knows that anything he claims against me I can refute, with evidence, research, and even a recording of the troublesome room mate who he's now blaming me for her bizarre behaviour(threshold advised this, even when he said to delete the video. I needed to keep a log of her bizarreness for the sake of a possible eviction), yet months back he stated that I should have been more explanatory and more descriptive of her behaviour and she would have been evicted.


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