Unannounced 'inspections' while tenant as out + used phone?

BlinkingLights

Quick query here (for someone else):

Two friends of mine (couple) are renting an apartment in Dublin. The landlady has been sending random maintenance guys around to the house to fix things without warning and giving them the key. This has included plumbers, electricians, estate agents and a maintenance guy who seems to just appear at random.

Anyway, on a recent call the maintenance guy opened the door and let himself in while one of the tenants was at home on her own. She was in the bathroom and had no idea he was in the apartment and when she came out she saw a strange man in her home and basically started screaming, throwing things at him and called 999.

Anyway she's now moved out and won't move back in again until she gets a guarantee the locks are being changed and the landlord is basically saying she's been totally unreasonable and 'frightened' the workman.

Is this legal? It seems crazy to enter a property without prior arrangement.

Boater123

No way is it acceptable.

The tenant is entitled to quiet and peaceful enjoyment of the property. The LL can't do this.

Some would say have a quiet word in her ear, I would say send her a recorded delivery letter requesting she stop this practice, to make proper arrangements in the future.

If it still happens, bring a case with the RTB

BlinkingLights

They've had a quiet word with the landlady and got a rant about how it was her house and she can do as she pleases. It was all about how much effort she had put into the decor and how she wasn't going to have somebody wrecking her pride and joy.

She seems to be an accidental landlord and has no idea that she can't just continue to treat it as her home.

Ms Doubtfire1

Thats totally and utterly illegal and LL would face a big fine for this. I'd go with the recorded letter immedeatly.

BlinkingLights

The response that they got was basically a call from the landlady asking my mate "does your girlfriend suffer with her nerves or something?".

Anyway, I'll suggest they push it a little more firmly and point out the landlord's obligations to make proper arrangements and see how it pans out.

Mrs OBumble

BlinkingLights wrote: »

They've had a quiet word with the landlady and got a rant about how it was her house and she can do as she pleases. It was all about how much effort she had put into the decor and how she wasn't going to have somebody wrecking her pride and joy.

She seems to be an accidental landlord and has no idea that she can't just continue to treat it as her home.

In that case I'd skip straight to the RTB complaint. Its not a tenants job to educate the landlord about the law.

Ms Doubtfire1

Mrs OBumble wrote: »

BlinkingLights wrote: »

They've had a quiet word with the landlady and got a rant about how it was her house and she can do as she pleases. It was all about how much effort she had put into the decor and how she wasn't going to have somebody wrecking her pride and joy.

She seems to be an accidental landlord and has no idea that she can't just continue to treat it as her home.

In that case I'd skip straight to the RTB complaint.   Its not a tenants job to educate the landlord about the law.

agreed.

TheChizler

What happened with them using the phone?

Boater123

Mrs OBumble wrote: »

In that case I'd skip straight to the RTB complaint. Its not a tenants job to educate the landlord about the law.

Ms Doubtfire1 wrote: »

agreed.

I wouldn't.

Depending on the breach of obligations, it's normally informal notice first, then official notice, then RTB mediation/ adjucication. Especially if you want a stronger case to bring.

Barely Hedged

BlinkingLights wrote: »

Quick query here (for someone else):

Two friends of mine (couple) are renting an apartment in Dublin. The landlady has been sending random maintenance guys around to the house to fix things without warning and giving them the key. This has included plumbers, electricians, estate agents and a maintenance guy who seems to just appear at random.

Anyway, on a recent call the maintenance guy opened the door and let himself in while one of the tenants was at home on her own. She was in the bathroom and had no idea he was in the apartment and when she came out she saw a strange man in her home and basically started screaming, throwing things at him and called 999.

Anyway she's now moved out and won't move back in again until she gets a guarantee the locks are being changed and the landlord is basically saying she's been totally unreasonable and 'frightened' the workman.

Is this legal? It seems crazy to enter a property without prior arrangement.

Send the landlord an email linking this:

http://www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html

You do not have the right to:

Enter your tenant's home without permission

To keep a friendly relationship with the landlord, as she is attentive, agree that they appreciate the work but entering the house without permission, regardless of the amount of notice given, is a big no no

Browney7

If there less than six months point out politely in writing that you need adequate notice of works and have no problem with accommodating same.

I wouldn't be going rushing to the RTB and I'd lay out all instances in writing asking for an acknowledgement from LL. Phone calls a waste of time and if she has an attitude of "my house I can do what I want" yet wants to charge the market rent that a landlord who abides by the rules I wouldn't hesitate to assert your rights provided you have part 4 rights.

Claw Hammer

The landlord should be sent a letter asking her not do to it again. There is no point in going to the RTB without proper documentation. Saying there were people calling when there is no written complaint afterwards leaves everything open to being dismissed for want of evidence.

BlinkingLights

Speaking of phones, that's one of the most annoying parts. They've a standard VoIP phone which is their landline and they found it had had a load of calls made on it to mobile numbers while they were away for a few days. So someone had obviously been in the apartment ringing various work men from her desk!

When confronted with this the landlady then responded with - "why do you have a fancy office phone anyway?? You are not meant to be working from there without my permission"

They're actually contemplating just moving out as it's been a total nightmare.

L1011

Document everything, RTB immediately. Landlady doesn't understand the law in the slightest.

dudara

BlinkingLights wrote: »

When confronted with this the landlady then responded with - "why do you have a fancy office phone anyway?? You are not meant to be working from there without my permission"

Eh, she's not meant to be in there without their permission. But that point appears to be lost on her.

Send the landlord a registered letter, outlining her responsibilities. But soften it with acknowledgement of the effort she invests and reaffirm your desire to have a co-operative relationship. Make a suggestion that you will accommodate requests with 24-48 hrs notice, unless there is a genuine exception. This message will demonstrate your intention to be cooperative.

If she continues, then straight to PRTB.

BlinkingLights

They're looking at documenting with motion activated CCTV when they're out of the house.

However, it's caused them serious hassle and one party has now moved all her stuff out and just wants the deposit back at this stage. She's looking at relocating back to Germany. Not sure it really have the best impression of rental life in Ireland


What's likely to happen if they just walk off? They're not even that bothered about deposits and just want out of there at this stage.

BlinkingLights

Resolved: she handed deposit back!

They're moving.

BlinkingLights

I think the issue is largely one of it was her apartment and she still sees it as such and is possessive.

Accidental landlords aren't always very prepared.

It had lovely furnishings and so on.

She seemed to be totally unaware of the PRTB and just read up on them and decided that she was in trouble and decided to immediately back out of lease.

Seems to suit all parties though and hopefully she'll have maybe educated herself before advertising it again!

PhoenixParker

I found it helpful to point out that if something was damaged or went missing randomly from the flat the landlord would be in a very precarious legal position if they didn't cease entering without permission.

FishOnABike

BlinkingLights wrote: »

Resolved: she handed deposit back!

They're moving.

Until the next unsuspecting tenants have to deal with the same loon of a landlady.

testaccount123

BlinkingLights wrote: »

I think the issue is largely one of it was her apartment and she still sees it as such and is possessive.

Seems to be a common theme among landlords. You see it in threads on here all the time, people aghast that they've to cede control of the asset they are renting for tens of thousands a year. Thankfully they are not all like that and the chancers are easy to spot a mile off if you are reasonably savvy, particularly at the higher end of the market.

3DataModem

I remember explaining to a friend who was renting out their place, who wanted to have clauses in the lease relating to specific bits of cherished furniture.

I told her... anything you leave is not yours anymore except in title. They can live in it, use it, out coffee mugs on it, ride on it. If you love it so much then put it in self storage and replace with Ikea stuff.

She did that, thankfully.

Barely Hedged

testaccount123 wrote: »

Seems to be a common theme among landlords. You see it in threads on here all the time, people aghast that they've to cede control of the asset they are renting for tens of thousands a year. Thankfully they are not all like that and the chancers are easy to spot a mile off if you are reasonably savvy, particularly at the higher end of the market.

I couldn't think of a more uninformed comment.

The issue landlords have is not getting their property back when the business relationship has failed (ie overholding or non performing tenant) so that they can continue the business in a way that any other business person would expect

BlinkingLights

It's a shame you can't rent unfurnished in Ireland more easily.

Most continental 20-something have a collection of their own furniture and appliances, usually FAR higher quality than the typical landlord quality stuff.

You typically just get bare rooms with neutrally painted walls and sometimes the oven, hob and dishwasher.

However, you provide everything else yourself.

Often they will use fairly high quality parquet floors, as these can be easily, lightly sanded to restore their original look if they get damaged.

When you move out you basically just leave the place as you got it.

In a lot of ways it makes much more sense. Furnished lets are aimed more at students and short term business leases.

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