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Landlord issue

  • 26-03-2017 6:07pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    Couple renting a house, wife pregnant, fixed lease for a year with a promise for longer term as a couple of furniture need to be bought to make it to a home. (as bed, TV stand, garden furniture etc). 6months later, just before Christmas, the landlord sending us an email stating that needs the house for oneself and we need to leave. We inform the landlord that we know our rights but we chose to assist him and we ask for some time as within Christmas no house is available and we get into an agreement. We find a similar sized house 300euro more expensive and a bit further away from Dublin center and we move with a small baby on the cold rainy February. Now we see that the landlord put the house for rent again for 100euro more.. Do we have any rights? Can we make some kind of complaint or we are just fools and we need to get over it?


Comments

  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    You need to be offered the property first. If that hasn't happened, make a complaint to the RTB and let us all know how you get on.


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


    Get onto to threshold they will help you prepare the case for the RTB. On the face of it, you would have a strong case.


  • Registered Users, Registered Users 2 Posts: 181 ✭✭trobbin


    You might have rights, I'm not sure how you'll prove them. Sounds like you done yourself no favours moving out if you had a running lease, it was the landlords problem not yours.

    I think you should just put it all behind you, learn from it, but move on. That type of thing will only eat you up and make you miserable. Just be happy with your wife and new kid, that's all that matters.


  • Posts: 24,714 ✭✭✭✭ [Deleted User]


    I see 6 months mentioned, keep in mind that you don't have part 4 rights until after 6 months so if you were given notice before you were there 6 months that's fine the LL didn't even need to give you a reason.

    The lease is a seperate issue which may or may not have had a break clause but I'd imagine the fact you agreeded to move out may be looked on as a mutual agreement to end the lease.


  • Registered Users, Registered Users 2 Posts: 3 If


    I see 6 months mentioned, keep in mind that you don't have part 4 rights until after 6 months so if you were given notice before you were there 6 months that's fine the LL didn't even need to give you a reason.

    The lease is a seperate issue which may or may not have had a break clause but I'd imagine the fact you agreeded to move out may be looked on as a mutual agreement to end the lease.

    The lease did not have a break clause and part 4 is covering when not fixed term lease is in place. We knew our rights but we chose to assist the landlord as he said that was a health problem making him to get into the house. We have everything in written form as the conversation was via emails. We felt bad for him and did not to go into an rtb complaint for that reason. We found ourselves in a really difficult/stressful situation in the middle of the winter and it was also financially bad for us.


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  • Registered Users, Registered Users 2 Posts: 3,109 ✭✭✭Sarn


    No good deed goes unpunished. You did your best to assist the LL when you thought he was in a difficult situation. He turns around and abuses your good nature, by what would appear to be false pretences. As you were in a RPZ I also imagine that the €100 increase might not have been permitted for the new tenants. I would be inclined to raise a case with the RTB.


  • Registered Users, Registered Users 2 Posts: 3 If


    You need to be offered the property first. If that hasn't happened, make a complaint to the RTB and let us all know how you get on.

    We were thinking about it but winning such a complaint would mean we can move back. This wouldn't be an option as we would be breaking our fixed lease on the new of the house, possibly loosing our deposit, having once again to spend thousands of Euro on moving, getting someone to take care of the baby during the process and professional cleaning services only to go back in a place that we couldn't trust the landlord not to use the same excuse or another after fixed term expires.. It would be a lose lose situation.

    As someone mentioned maybe the best would be to move on, forget about it and realize that although we spend much more than 20k rent a year we will never have a safe home in this city.


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    With everything in place, the RTB may award you compensation, rather than giving you the right to move back to the property. You should still file a dispute with the RTB and let them make a judgement. It could save someone else from having the same issue, and also teach the landlord a lesson.


  • Registered Users, Registered Users 2 Posts: 1,422 ✭✭✭Ms Doubtfire1


    There is a good chance the RTB will award you compensation as this seems to be an illegal termination.


  • Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭Lux23


    Take a case and see what happens. I don't think it costs anything anymore?


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  • Registered Users, Registered Users 2 Posts: 3,100 ✭✭✭Browney7


    I'd be tempted to arrange a viewing of the property with all the evidence you have at your disposal and a print out of the dispute form all ready to submit with a copy of the legislation with some convenient pieces highlighted and see if he gives you cash for "moving" expenses there and then. Or else just submit a complaint.

    That or I'd just move on, but that would be too much like letting someone ride roughshod over you and getting away with it. All that for 100 euro more gross per month - penny wise, pound foolish springs to mind.


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


    I would definitely take a case with the RTB here OP. You were rightly done over there by the LL. I understand you don't want to move back again but the RTB might take that into consideration and just grant compensation instead.


  • Posts: 1,007 ✭✭✭ [Deleted User]


    trobbin wrote: »
    You might have rights, I'm not sure how you'll prove them.
    If wrote: »
    just before Christmas, the landlord sending us an email stating that needs the house for oneself and we need to leave ... Now we see that the landlord put the house for rent again for 100euro more

    Do you still have the e-mail? Copies of the advertisement for the new tenancy?

    If yes, you have a very strong case for compensation. Contact the PRTB and start the ball rolling.


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