My 4th case with the RTB - advice needed.

AK2021

Hi,

I tried to obtain some proper info from legal reps but I got 2 completely opposite advice and very short so I would like to ask you what you think about it.

1. A landlord tried to terminate me on 3 different occasions and using 3 different grounds. I disputed them and won all cases so far (illegal rent increase notice of termination, fake renovation notice, fake daughter requires my flat notice (the daughter doesnt exist)). The landlord owns 50+ flats here in Dublin 6 which 10+ were empty in the last 8 months.
2. When I was preparing to defend the last RTB case I needed to show how many empty flats he has to dispute the need of my flat for the "daughter". Landlord claimed he never had any empty flats for the last 3 years so this was an obvious lie which I thought was easy to expose by photographic evidence. All door wide opened because viewings were in progress, adverts on Daft, etc. I walked in, took 2 pics and walked out. All good.
3. Next day Guards knock to my door and arrest me for a BURGLARY!!!! On Landlord's request of course. He wrote the list of items he claimed he had in this EMPTY flat and I was charged with burglary.
4. A week later I provided my evidence to Guards, witnesses, etc. The burglary charges got withdrawn by the Guards on the spot to my landlord's furious outburst.
5. Guards told me not to enter his flats in my building even if they are wide open to take any more pics as this is trespass in the eye of the law. It doesn't matter that they were needed for my case to prove this man is a total crook. I, of course, agreed to never do that again. I signed a document confirming that. Case closed, clean record, stress off my shoulders, lesson learnt.
6. Now, 6 months on I am handed the 4th Notice of Termination using the 4th different reason that hasnt been used by him before - "Antisocial Behaviour". The notice gives me 1 week to move out and says nothing else. No allegations of the AB, nothing. I opened the RTB dispute the next day. Because this is "AS" reason then this case will be heard as priority in 3 weeks.
7. I asked 2 lawyers can the landlord use the non-existing imaginary "burglary" charges against me in the RTB? And can the caution for trespass be even brought up against me in the RTB.
8. Both lawyers agreed that the Burglary case can NOT be used in the RTB but I am 100% sure that my landlord's barrister will bring it up anyway. But both lawyers disagreed with each other about the Adult Caution. One said that AC can NOT be used by anyone and anywhere but the Guards in a Criminal Court and only if I end up doing something weird again. The second lawyer said that the landlord can easily use the AC against me in the RTB and that I gave him a great gift for eviction.

Can you all please let me know your legal views on this and how to fight this **** I put myself in? Yes, you dont know me and you can't be sure if I am an honest person or not but I reassure you that I freaking had no idea that I am breaking the law by exposing my landlord's lies. He evicted so many of my neighbours simply because they didnt want to pay an illegal rent increase. I stayed and fought.

You know that if I went to him asking "hey, can I walk in to this empty and wide open flat to take some pics for the upcoming case" I am fairly sure he would would not say "F*k yeah, go ahead, bro!" I thought that I am not doing anything wrong. How otherwise I would actually show his lies in the RTB in my last case? The RTB saw all the pics and thanks to them I won my last case. But now I am paying for this.

Please share your expert's opinion.

Tks

bro move out you mad lmao

https://www.boards.ie/discussion/2058217365/my-4th-case-with-the-rtb-advice-needed

A guard can't arrest you on the "landlord's request".

AK2021

Maybe I just worded this badly above but my landlord filed a complaint, provided them with the list of items he claimed there were there (I was told that there was a "chair, a toilet brush, a plant, a hair brush" and the Guards have arrested me. I never saw the complaint itself, they never showed me so he might have added something there that convicted the Guards that the arrest was the proper course of action.

Sesame

Can you get some written statements from immediate neighbours to verify that you are a good beughbour? If he tries to claim noise, rubbish, too many visitors or something as reasons for anti social behavior.

Take some photos of the condition inside. Anything that would help you disprove his claim.

starbaby2003

I’ve no legal advice. Get on to your local TD, this guy sounds like a right scoundrel. Could you also sue him for slander? Saying you robbed stuff is pretty outrageous!

Seth Brundle

https://www.boards.ie/discussion/comment/118147991#Comment_118147991

His local TD???

AK2021

Thanks Sesame and Starbaby, I have all that on file - neighbours statements, witnesses, pics of my flat, event a statement from the Guards saying that I have a clear record and never was in trouble etc. All that is secured. But I am very worried that the Adult Caution that I signed while being told that nobody can use it against me apart from the Guards, is now going to be used in the RTB. This is pretty depressing as I feel that I have been mislead. It's my fault of course for taking the pics.

I am now researching the local TD but apart from sending an email which will most likely wont be answered I wonder what else I could do.

starbaby2003

https://www.boards.ie/discussion/comment/118148020#Comment_118148020

Yes, this is exactly the kind of thing you hear being brought up in the dail in the middle of a house crisis.

example https://www.irishexaminer.com/news/munster/arid-40726776.html

AK2021

This is what I found online. Do you know who of those would stand behind the tenants' issues and who to avoid for sure? I am not too familiar.

Your TDs for Dublin Bay South

TDs are the people you should contact if you have questions or concerns about national issues. Examples would be the Budget, taxation, Health policy or other nationwide initiatives.

Eamon Ryan (Green Party)

Jim O'Callaghan (Fianna Fáil)

Chris Andrews (Sinn Féin)

Ivana Bacik (Labour)

Your MEPs for Dublin

Your Councillors for Dublin 6

Councillors are the people you should contact if you have questions or concerns about local issues. Examples would include problems with local infrastructure like refuse collection or damaged facilities.

Hazel Chu (Green Party)

James Geoghegan

Dermot Lacey (Labour)

Paddy McCartan (Fine Gael)

Claire O'Connor (Fianna Fáil)

starbaby2003

https://www.boards.ie/discussion/comment/118148106#Comment_118148106

If it was me, I’d email Chris Andrew’s. Sinn Fein are riding on a wave of housing issues so this is right up their street. On a personal level both Hazel Chu and Ivanica should have sympathetic ears.

https://www.boards.ie/discussion/comment/118147969#Comment_118147969

were you actually arrested? were you told by a garda you were being arrested and brought to garda station, and given a form outlining your rights to solicitor etc and placed in a cell?

You said you were charged with burglary. What do you mean by charged.? Who charged you with burglary and on what grounds?

A week later I provided my evidence to Guards, witnesses, etc. The burglary charges got withdrawn by the Guards on the spot to my landlord's furious outburst.

where did this happen, what witnesses were there?

YipeeDee

Don’t have legal advice for you. Just a question.

Is all this litigation really worth sacrificing your own mental health for?

There’s not going to be a happy ending here, your relationship with the LL is never going to improve.

Boards.ie: Niamh

Seeking legal advice is against the forum charter as far as I can see, thread closed until local mods have had a chance to look at it.