Landlord entered property twice without permission

newacc2015

You are making a lot of assumptions there, which are completely unfounded... Just because I have an alternative POV, I have to be a landlord with no respect for anyone. Wow...

Lord Trollington wrote: »

Did you read my text...ownership of sorts was the exact term I used . Whilst I'm renting the property the furniture in here is mine, all my personal property is in here. Money, Bank &a Credit Cards, Laptop, work files (I'm sure my work would be delighted he was in around the place) , Passports, credit card statements, bank statements, credit union books, jewellery....you name it . Just because it's his property I should dismiss him coming in here and suck it up without permission and without me knowing . You can jog the fcuk on.

I did read your text... I honestly didnt know what you were on about between your property and their property. If they were into property, you were going to go into their property etc. The laws the landlord broke that didn't exist etc.

If you are so protective about your property Im sure you asked that he changed the barrel when you moved in?

Lord Trollington wrote: »

For the record he did not attempt to call me the first time he was caught inside. He did try to call me 2nd time but didn't get me. Called to house . Knew no one was there, entered anyways set off alarm on despite the alarm going off still proceeded to go around the house for 40 mins I'm told by phone watch .

I have read your posts(I stated that in my previous post). You chose not to raise the fact he entered your house without permission the first time with him for some reason(you could probably have nipped this issue in the bud then). He did attempt to contact you when he entered the property the second time. So he try to ask for your permission (not that you seem to care about that though). How did phonewatch know it was the landlord exactly? I dont get that part of the story.

What advice are you looking for from this discussion? It justs seem you want to vent on this rather hear another POV. You can log a complaint with the RTB that will take months to process. Or you can discuss your concerns with your landlord since you have chosen not to do so already... That will probably solve your issue

4ensic15

Jasper Long Tonsil wrote: »

Yes he would, trespassing on private property and could be arrested for it.

Trespassing on private property is not an offence and he could not be arrested.

Parchment

Im shocked people think this is an overreaction on the part of the OP. He and his family are still tenants there.

The LL has NO right to enter like this.

4ensic15

4ensic15 wrote: »

Trespassing on private property is not an offence and he could not be arrested.

It is, you haven't a clue what you are talking about.

http://www.irishstatutebook.ie/eli/1994/act/2/section/13/enacted/en/html

amcalester

Jasper Long Tonsil wrote: »

It is, you haven't a clue what you are talking about.

http://www.irishstatutebook.ie/eli/1994/act/2/section/13/enacted/en/html

You're ignoring this bit

in such a manner as causes or is likely to cause fear in another person.

That is what makes trespassing illegal, merely being on the property isn't illegal.

amcalester

amcalester wrote: »

You're ignoring this bit



That is what makes trespassing illegal, merely being on the property isn't illegal.

I'm not ignoring it, anyone in any trespassing situation will feel this is the case so it's not realistic to claim someone can trespass without consequences.

If someone is trespassing the default reaction is that they are up to no good.

amcalester

Jasper Long Tonsil wrote: »

I'm not ignoring it, anyone in any trespassing situation will feel this is the case so it's not realistic to claim someone can trespass without consequences.

If someone is trespassing the default reaction is that they are up to no good.

No it isn't. That's why trespassing is not a default criminal act.

pilly

Parchment wrote:

The LL has NO right to enter like this.

No-one said the LL had any right to enter. Simply that given the OP is moving out in a few weeks exactly what does he want people to advise apart from tell the LL not to do it again?

Parchment

pilly wrote: »

No-one said the LL had any right to enter. Simply that given the OP is moving out in a few weeks exactly what does he want people to advise apart from tell the LL not to do it again?

Its still something to take to the PRTB -they are tenants in situ now.

pilly

Parchment wrote:

Its still something to take to the PRTB -they are tenants in situ now.

And what will that gain?

Samuel T. Cogley

+1 on this not being an over reaction. It is absolutely no different to walking into your own home and finding the previous occupier sitting in the living-room.

I'd make it clear, assertively and politely, that under no circumstances is the LL to be on or in the property without at least 24 hours notice and permission. If he's unwilling to abide by that then it absolutely is a matter for arbitration by the RTB.

The LL may just be working under the delusion he's doing nothing wrong OP, there are some very odd attitudes out there to renters.

Parchment

pilly wrote: »

And what will that gain?

Make the landlord see that this is not appropriate. Why would you not do it? its the principle of the thing.Turning a blind eye to things like that is wrong.

If we were all so blase about things - nothing would get made right.

lolokeogh

no a landlord or agent can not just enter the property,and you have every right in the world to be pis*ed off about this,i had it happen in a rented house,i approached the landlord and showed him my disgust,he followed with an apology..which was ok with me,but i did not like the idea of him been in the house one bit,he had no buisness been there,end off.

"When you rent a property from a private landlord, while they own the property, it is your home. During your tenancy the landlord or their authorised agent has an obligation to ensure you have peaceful occupation of the property.

Unless there is an agreement to the contrary or it is an emergency, a landlord should not call to the property unannounced or enter the property without your permission.

Landlords and/or their authorised agents may request access at reasonable intervals to carry out repairs or inspections of the property. This must be done at a date/time agreed with you in advance. If a suggested time is not convenient an alternative should be arranged as soon as possible.

There is no legal minimum period of notice that has to be given e.g. 24 hours. It is a matter of what is agreed between both you and your landlord/agent.

In arranging for repairs to be carried out, your landlord/agent may need to get a third party specialist such as a plumber, electrician etc to visit the property and this may not always be possible to arrange within your normal schedule. Many tenants wish to be in the property to allow access but this may involve having to organise time off work, college or other commitments. Alternatively you may agree for your landlord/agent to organise access in your absence.

Approaching the end of your tenancy your landlord or agent may seek access for viewings by potential tenants or buyers if the property is being sold. Whilst the Residential Tenancies Act does not specifically mention access for viewings usually there will be a clause in a lease to this effect which should be followed. A compromise should be reached between the parties to facilitate viewings which should be arranged at reasonable intervals at a date and time agreed in advance.

Entry without permission is a breach of obligations and if this happens repeatedly you can refer a dispute against the landlord to the Residential Tenancies Board (RTB)

__Alex__

pilly wrote: »

And what will that gain?

So that the LL might think twice before pulling the same stunt with the next tenants. Plus it'd give the OP the satisfaction of proving the LL wrong. I wouldn't bother myself probably, as per my first post in the thread, but at the same time, why not do something about it? Even if it doesn't benefit the OP personally, it might help the next tenants of the house.

lolokeogh

__Alex__ wrote: »

So that the LL might think twice before pulling the same stunt with the next tenants. Plus it'd give the OP the satisfaction of proving the LL wrong. I wouldn't bother myself probably, as per my first post in the thread, but at the same time, why not do something about it? Even if it doesn't benefit the OP personally, it might help the next tenants of the house.

agreed

Pkiernan

Parchment wrote: »

Its still something to take to the PRTB -they are tenants in situ now.

That is hilarious.
Have a think about what you're posting.
The guy is moving out in a few weeks. RTB will take about 3 months before they even look at it.

As for being completely filled with rage....wow.

pilly

Pkiernan wrote: »

That is hilarious.
Have a think about what you're posting.
The guy is moving out in a few weeks. RTB will take about 3 months before they even look at it.

As for being completely filled with rage....wow.

Exactly my thoughts, and that of any sane person.

Varik

__Alex__ wrote: »

So that the LL might think twice before pulling the same stunt with the next tenants. Plus it'd give the OP the satisfaction of proving the LL wrong. I wouldn't bother myself probably, as per my first post in the thread, but at the same time, why not do something about it? Even if it doesn't benefit the OP personally, it might help the next tenants of the house.

It'd be complete madness to make an issue out of this in his situation.

He said the landlords know each other, they're entering a new tenancy where they've not signed anything yet and you've got few rights as of now in the new place.

steddyeddy

Jimmy Garlic wrote: »

This kind of thing is why I bought and didn't rent. Irish landlords are a breed apart and will refuse to respect your right to privacy in a lot of cases. It is disturbing knowing that someone can enter your home any time you are not in it and walk around looking at your stuff, walk into your bedroom etc.

Irish landlords have major problems with respecting a tenant's privacy relative to those in the UK.

__Alex__

Varik wrote: »

It'd be complete madness to make an issue out of this in his situation.

He said the landlords know each other, they're entering a new tenancy where they've not signed anything yet and you've got few rights as of now in the new place.

Maybe so but if the new landlord took issue with it, they're well rid. If he didn't see their point of view, then if I was them, I'd be concerned that he also thinks it's OK to let himself in whenever he wants. The rentals market is tough at the moment, but not that tough. Everyone I know who has looked for accommodation in pressured areas in the last year has got sorted quickly. So, if I was the OP and the new LL decided against taking me on a tenant on the basis on making a complaint against the old landlord, I'd be thinking "Screw him!".

Varik

__Alex__ wrote: »

Maybe so but if the new landlord took issue with it, they're well rid. If he didn't see their point of view, then if I was them, I'd be concerned that he also thinks it's OK to let himself in whenever he wants. The rentals market is tough at the moment, but not that tough. Everyone I know who has looked for accommodation in pressured areas in the last year has got sorted quickly. So, if I was the OP and the new LL decided against taking me on a tenant on the basis on making a complaint against the old landlord, I'd be thinking "Screw him!".

Have any of them been looking in the last month or 2, because the market has changed further and they probably didn't have just 28 days to look for somewhere.

What happens if you give notice and then change your mind, if the other place fall through.

__Alex__

Varik wrote: »

Have any of them been looking in the last month or 2, because the market has changed further and they probably didn't have just 28 days to look for somewhere.

What happens if you give notice and then change your mind, if the other place fall through.

Yes, one of them in the last couple of months. But a landlord cutting someone lose over something life that, well that'd be a red flag right there for me. Like I said, well rid!

I wouldn't bother doing anything myself but it is still infuriating to read stuff like this. <mod snip>

Retrovertigo

Some landlords are assholes, some aren't. To tar every landlord with the same brush is plain stupid because you (or others) once had a bad experience.

OP, the landlord had to give you reasonable notice before entering the property unless it was an emergency situation (burst pipe etc.) What he did was stupid and bad manners and you should bring it up with him that you want to know in advance in the future.

My advice to you would be leave it that as you are moving out in 2 weeks and he knows your new landlord. If he is one of these asshole landlords he could make leaving difficult for you, but that's just conjecture he might not be. He might just be a dope.

People advising you to go to the PRTB are giving you bad advice as apart from the fact that the arbitration process takes forever for even bigger matters (such as getting no deposit back) you really will have nothing to gain other than causing him (only potentially) some hassle and it could take forever.

He should have told you in advance but in your case speak to him for the sake of a clean break to make your life easier for moving out.

Jack1482

Hi. The agency called me just to let me know that the property has been sold and the new landlord wants to visit the property. They gave me an appointment by the following Friday and when I told them that I wouldn't been home and I'd rather to be there during the inspection they told me that it doesn't matter if I'm present or not, can I refuse and change the date? I don't want that they coming in when I'm not there.

bakerbhoy

https://www.boards.ie/discussion/comment/118937589#Comment_118937589

In short, yes you can insist that you are there. While you are the tenant , that property is your home and you have all the same rights as an owner occupier as regards to access to your home. As a former LL , I came across this where i needed access to carry out repairs and the tenant didn't want me there without them being present. Checked with prtb and was told even if reasonable access was denied i would still have to raise a dispute with the tenant through the prtb system to resolve same issue. So to my first sentence , you the tenants, control who and when access to your home occurs.

Frustrating for many , but that is the legal standing.

PalLimerick

https://www.boards.ie/discussion/comment/102663055#Comment_102663055

It's not the landlords property when he has it let out. Granted on paper he owns it but he has no right to enter the property without permission. File a case with the RTB for breach of landlord obligations (failing to notify you of a visit or inspection) . He or she is also not allowing you peaceful enjoyment of the property. Don't listen to posters trying to make you believe the landlord is behaving normal. He or she is not. And those posters are probably landlords or know landlords.

Jack1482

I've been told from the agency that if I refuse to allow the inspection without my presence it could be a problem for me and the new landlord could decide to kick me out. It sounds like a threat to me. Since it's very hard at the moment to find another house, I'm scared to refuse.

Atlantic Dawn

https://www.boards.ie/discussion/comment/118941571#Comment_118941571

Have they put this in writing or just over the phone? Ask them to put it in writing.

Akrasia

Landlords absolutely cannot enter a premises without permission from the occupier/tenant

It's pretty shocking that some posters on here think this is not a big deal

There are so many scenarios where this would be problematic, but to make it super obvious

Imagine a commercial tenancy, a Landlord enters the commercial premises without the owners permission. Would this be acceptable? There are all kinds of implications from this, if it was a restaurant, it would break the chain of custody of all of the food in the kitchen to have an unauthorised person in there without any supervision and if a health inspector knew about this, they might insist that all the stock that isn't sealed in tamper proof containers is compromised and needs to be disposed of.

https://www.food-safety.com/articles/4307-ingredient-chain-of-custody-impact-on-food-safety