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Rented apartment sold - Landlord wants me out before lockdown even ends

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    #32
    MacDanger
    Registered Users Posts: 2,363 ✭✭✭MacDanger


    Deeec wrote: »
    Look you know what I mean. I think alot of tenants believe their landlords to be monsters and always go in for the fight. Most issues can be sorted calmly with discussion - no need to start contacting threshold and quoting regulation this and that.

    Yeah, the LL seems like a reasonable person tbf:
    Got another call a week ago to say I needed to be out by the beginning of next week


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    #33
    Deeec
    Registered Users Posts: 4,727 ✭✭✭Deeec


    MacDanger wrote: »
    Yeah, the LL seems like a reasonable person tbf:

    Just giving advice. OP can try or not try it.


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    #34
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    MacDanger wrote: »
    I don't believe I said you were incorrect.

    The tone of your post comes across as advising the OP to do their best to accommodate a LL who is trying to illegally evict them in the hope of getting "a solid reference". Perhaps that wasn't the way you intended it but that's the way I read it.

    My advice to the OP is to move when they can find somewhere suitable and not allow the LL to bully them into moving before that.

    So despite being accurate in my assesment you suggested it was bad advise? thanks for that.

    No, I suggested as per the post, that as the eviction was going to happen, the OP may as well move IF he had somewhere to go that suited him and if that was not the case, DO NOT move out until he had.

    Maybe thats not confontational enough for some people but hey, thats just how I try to be


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    #35
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Ginger83 wrote: »
    The gardai would advise the landlord to open the property to let the tenant back into their home.
    If they didn't I'd drill the locks if it was me.

    They could also advise both to resolve the issue via the correct channels and not contact Gardai for civil matters.

    It depends on the Garda and how knowledgeable they are in this area.

    Your doctor might also give the same advise but no one suggests calling him


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    #36
    Ginger83
    Registered Users Posts: 3,446 ✭✭✭Ginger83


    Niner leprauchan wrote: »
    They could also advise both to resolve the issue via the correct channels and not contact Gardai for civil matters.

    It depends on the Garda and how knowledgeable they are in this area.

    Your doctor might also give the same advise but no one suggests calling him

    Would it not be a criminal offence to lock someone out of their home?


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    #37
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Ginger83 wrote: »
    Would it not be a criminal offence to lock someone out of their home?

    As I said, it could fall within certain parameters but no, locking someone out over a contract dispute would be a civil trespass without any other factors at play.

    You can't just ignore ownership of the property when looking at Criminal law so there's the ownership of the house v ownership of the property within.

    Would it benefit anyone if the landlord was arrested? Op would still be locked out.


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    #38
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Niner leprauchan wrote: »
    As I said, it could fall within certain parameters but no, locking someone out over a contract dispute would be a civil trespass without any other factors at play.

    You can't just ignore ownership of the property when looking at Criminal law so there's the ownership of the house v ownership of the property within.

    Would it benefit anyone if the landlord was arrested? Op would still be locked out.

    LL be looking at around €10k in compensation right there.

    Even if the op wasn't paying they couldn't do this.


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    #39
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Niner leprauchan wrote: »
    As I said, it could fall within certain parameters but no, locking someone out over a contract dispute would be a civil trespass without any other factors at play.

    Other factors like an illegal eviction?

    Is that a civil matter or criminal?


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    #40
    Winegum1
    Registered Users Posts: 32 ✭Winegum1


    Awful situation for you op.

    I think because he didn't serve you with official notice you might be able to stay longer then you think.

    We've just gotten a registered letter giving us our notice. We've got 4 months to find somewhere which sounds great but not when nowhere is renting to young families.


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    #41
    Ginger83
    Registered Users Posts: 3,446 ✭✭✭Ginger83


    punisher5112 wrote: »
    LL be looking at around €10k in compensation right there.

    Even if the op wasn't paying they couldn't do this.

    At least plus all other costs incurred I'd say.
    Let's say the OP was locked out and had nowhere to go and had to go to a hotel.
    That could be very costly for a landlord.


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    #42
    Mrs OBumble
    Registered Users Posts: 25,695 ✭✭✭✭Mrs OBumble


    Ginger83 wrote: »
    At least plus all other costs incurred I'd say.
    Let's say the OP was locked out and had nowhere to go and had to go to a hotel.
    That could be very costly for a landlord.

    How does one actually get the cash out of the landlord's hot hands?

    Some responses here are leally correct and great in theory, but lack understanding of the real world.


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    #43
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Mrs OBumble wrote: »
    How does one actually get the cash out of the landlord's hot hands?

    Some responses here are leally correct and great in theory, but lack understanding of the real world.

    Judgement against assets.etc.

    Of course it's easier said then done but the LL is wrong in what they are doing as we know.


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    #44
    Snipp
    Registered Users Posts: 175 ✭✭Snipp


    Are you positive you were not given written notice? The outcome of this rests on that.


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    #45
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Snipp wrote: »
    Are you positive you were not given written notice? The outcome of this rests on that.

    Read the post by bitent who is the op and started the thread.

    They state they were given no notice other then the house was sold and 3 weeks to leave....

    It's the 1st post.


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    #46
    Snipp
    Registered Users Posts: 175 ✭✭Snipp


    punisher5112 wrote: »
    Read the post by bitent who is the op and started the thread.

    They state they were given no notice other then the house was sold and 3 weeks to leave....

    It's the 1st post.

    I've read it. It just seems unlikely that a landlord would make that mistake considering he was courteous enough to inform him/her of his plans to sell. OP needs a solicitor regardless.


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    #47
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,584 CMod ✭✭✭✭faceman


    Niner leprauchan wrote: »
    As I said, it could fall within certain parameters but no, locking someone out over a contract dispute would be a civil trespass without any other factors at play.

    You can't just ignore ownership of the property when looking at Criminal law so there's the ownership of the house v ownership of the property within.

    Would it benefit anyone if the landlord was arrested? Op would still be locked out.

    Threshold advises gardai are contacted during an illegal eviction.


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    #48
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Snipp wrote: »
    I've read it. It just seems unlikely that a landlord would make that mistake considering he was courteous enough to inform him/her of his plans to sell. OP needs a solicitor regardless.

    Solicitor for what.

    I do believe it.


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    #49
    Snipp
    Registered Users Posts: 175 ✭✭Snipp


    punisher5112 wrote: »
    Solicitor for what.

    I do believe it.

    For professional legal advice.


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    #50
    Mrs OBumble
    Registered Users Posts: 25,695 ✭✭✭✭Mrs OBumble


    punisher5112 wrote: »
    Judgement against assets.etc.

    Of course it's easier said then done but the LL is wrong in what they are doing as we know.

    What does it take to get one of there and then get it enforced?


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    #51
    SteM
    Registered Users Posts: 6,555 ✭✭✭SteM


    Snipp wrote: »
    I've read it. It just seems unlikely that a landlord would make that mistake considering he was courteous enough to inform him/her of his plans to sell. OP needs a solicitor regardless.

    The LL wasn't being courteous, they informed the OP of their plan to sell because they to arrange viewings. Nothing courteous about it as far as I can see, just another landlord that either doesn't know the rules or is choosing to ignore them.


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    #52
    listermint
    Registered Users Posts: 33,648 ✭✭✭✭listermint


    Mrs OBumble wrote: »
    What does it take to get one of there and then get it enforced?

    Not a huge amount tbh.

    Don't listen to advice from yourself if it is 'it might never happen' assets are seized on a daily basis . Ignoring the courts always works out well ...


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    #53
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Mrs OBumble wrote: »
    What does it take to get one of there and then get it enforced?

    I've had the displeasure of having to go through this.

    Also got a court judgement for a loan I lent a so called friend, that was harder and I only ever got near half what I was owed.

    If one has assets then they will get the money but in my case with so called friend they have everything but nothing if you get me, very cute where they've hidden assets but both no longer work, council house, carer etc etc....


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    #54
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Snipp wrote: »
    For professional legal advice.

    Why?

    All the advice and legal backing is online and that's what the rtb is there for.

    Why would one go to a solicitor which costs money.

    The LL hasn't followed the rules set out and during the covid pandemic at this level eviction was postponed.
    The LL needs to still give the correct notification and time allowed for someone on a part 4 tenancy.

    The op can of course work out a deal let's say if they found a new place before the correct time but the LL doesn't have to agree either so it's a two way street.

    Of course the op should keep looking and I wish them all the best as its in no way easy out there trying to find a place, I'm absolutely delighted I'm out of that sh1t game.


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    #55
    Snipp
    Registered Users Posts: 175 ✭✭Snipp


    SteM wrote: »
    The LL wasn't being courteous, they informed the OP of their plan to sell because they to arrange viewings. Nothing courteous about it as far as I can see, just another landlord that either doesn't know the rules or is choosing to ignore them.
    It seems to me from the original post, the landlord told him 3-4 weeks prior that he was planning to sell and then gave another 3-4 weeks for him to vacate. Granted, if its only a verbal,the LL hasn't a foot to stand on. But, it seems like a courteous approach to me.


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    #56
    Deeec
    Registered Users Posts: 4,727 ✭✭✭Deeec


    Snipp wrote: »
    It seems to me from the original post, the landlord told him 3-4 weeks prior that he was planning to sell and then gave another 3-4 weeks for him to vacate. Granted, if its only a verbal,the LL hasn't a foot to stand on. But, it seems like a courteous approach to me.

    I agree while the landlord hasnt done everything to the exact laws he has been courteous. The OP should discuss the situation with the landlord and ensure the landlord understands their situation. Also it is unlikely the sale of the property will close that quickly.

    It always baffles me in these situations the lack of communication between each side with neither side understanding the other or where they are at. The tenent automatically contacts the RTB and boards without actually having a calm discussion with the landlord. The landlords heckles immediately then go up and good relationships go sour..


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    #57
    SteM
    Registered Users Posts: 6,555 ✭✭✭SteM


    Snipp wrote: »
    It seems to me from the original post, the landlord told him 3-4 weeks prior that he was planning to sell and then gave another 3-4 weeks for him to vacate. Granted, if its only a verbal,the LL hasn't a foot to stand on. But, it seems like a courteous approach to me.

    Doing things by the law is the only 'courteous' thing the landlord had to do in this case. Giving them 3 to 4 weeks to vacate when that's not following law is discourteous imo.


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    #58
    Snipp
    Registered Users Posts: 175 ✭✭Snipp


    SteM wrote: »
    Doing things by the law is the only 'courteous' thing the landlord had to do in this case. Giving them 3 to 4 weeks to vacate when that's not following law is discourteous imo.

    Did the LL not give 3-4 weeks initially and then another 3-4 weeks afterwards?


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    #59
    ExMachina1000
    Closed Accounts Posts: 3,748 ✭✭✭ExMachina1000


    But there is no lease. It has expired.


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    #60
    Browney7
    Registered Users Posts: 3,098 ✭✭✭Browney7


    Snipp wrote: »
    Did the LL not give 3-4 weeks initially and then another 3-4 weeks afterwards?

    If the LL was being courteous why advise the tenant their period to vacate is significantly less than is actually the case as per the RTA?


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    #61
    Snipp
    Registered Users Posts: 175 ✭✭Snipp


    Browney7 wrote: »
    If the LL was being courteous why advise the tenant their period to vacate is significantly less than is actually the case as per the RTA?

    What is the notice requirement as per RTA?


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