Landlord inspected property without permission and without me present, is that legal?

rent_rights_check

Context is I've been renting this apartment for 3.5 years now and generally get on well with the landlady, I've never previously had any inspection when living here.

Had a casual conversation with the landlady one morning when waiting for a taxi to the airport and briefly mentioned I'd be out of the country for two weeks for work, she doesn't mention anything about any planned inspections. Then I return after the two weeks to find two hand-posted letters in the mail box:

The 1st from two days after I left saying they would do an inspection in 7 days unless I asked for an alternative date (knowing I wasn't going to be there in that 7 days!) otherwise after 7 days they would enter the property (without my permission or knowledge) and carry out the inspection themselves (without me present).

The 2nd from the day after the 7 days had expired saying she'd undertaken the inspection the day before and had some concerns about the cleanliness and upkeep of the property and would be "considering further actions". It's not like I've trashed the place it just wasn't especially clean in some areas like the guest room which I use as storage. I would of course done a full cleaning the day before had I known of the inspection.

There was nothing said in the letter about this being a emergency inspection or for a leak etc that would require her immediate access.

Questions:

• Can a landlord just enter your property without your knowledge or presence if you don't reply to a request with short notice period?
• Does it make any difference I had a verbal interaction with her and said I'd be away?
• Is any "action" undertaken on the back of her supposed findings as a result of this inspection valid if she undertook the inspection illegally?

Thanks!!

raxy

According to the rtb any inspection must be mutually agreed so they were not allowed inspect in your absence.

What happens next I don't know.

I would reply to the landlord and complain saying that an inspection without your agreement is not allowed.

I would ask the reason for the inspection, stare that you are not happy that they did not respect your rights as a tenant & that you will be going to the rtb to make a complaint.

The landlord should not have inspected the property without your consent, its effectively trespassing.

Not replying to a letter does not imply consent.

They decided to have a nose round while they knew you were out.

What they have done could land them in hot water if you wanted to proceed further.

Would you not just tidy up a bit and invite them to do another inspection when you're present?

covidcustomer

https://www.boards.ie/discussion/2058247021/landlord-inspected-property-without-permission-and-without-me-present-is-that-legal

Contact PRTB immediately with a view to lodging a formal complaint.

Some points:

1) You have no idea when the handwritten letters were put in your letterbox.

2) Access in the event of an emergency isn't the same as an inspection.

3) You have no idea how many times the LL entered the property from the date of your absence until your return. (A truly disgusting breach of your privacy by the way).

4) On it's own the verbal interaction is "he said/she said", however, looking at the full picture where you had zero inspections for 3.5 years, then one day spoke to the LL on your way to the airport informing in passing that you would be away for two weeks and this happens.........

5) I would be concerned at the reference to "further actions" when taking into consideration what the LL did and how it was done.

6) You could not be inspection ready without notification, so this to me is a very manipulated situation and the question is why? In this climate as well?

Good luck.

busy bee 33

https://www.boards.ie/discussion/comment/119102719#Comment_119102719

Why should they?

rent_rights_check

https://www.boards.ie/discussion/comment/119103110#Comment_119103110

Hi thank you and everyone for your replies very helpful!

On point 1) it wasn't handwritten but hand delivered, just put in the mail box when the 2 or 3 letters I've had from her previously over the last few years were sent with registered post. Do you know is there any requirement to send via post or is hand delivered legal too?

covidcustomer

https://www.boards.ie/discussion/comment/119103539#Comment_119103539

Sorry, I meant "hand delivered" not written. I don't think that there is a requirement for registered post, what the LL has done here is in breach of your rights and they should be reported immediately to protect yourself from whatever these "further actions" are.

To my mind it's not so much as what has been done (and I completely disagree with it btw), it's how they went about it that would raise an alarm with me.

The LL can hand deliver whatever they want, but they are required to obtain consent prior to entering the property and they are required to give adequate notice prior to an inspection.

awec

What outcome are you looking for here OP?

It sounds like you just want to avoid any punitive actions, right?

If it were me, I'd clean the place, then contact the landlord and inform them you've cleaned it, and let them know that the notice they gave you was incorrect, they cannot imply consent from a non-response, and that all future inspections should be handled better.

I would not bother with the PRTB or escalating things unless the landlord does this first. There is no sense in causing hassle for yourself.

kippy

https://www.boards.ie/discussion/comment/119103762#Comment_119103762

This makes the most sense - given the facts. No point in escalating unless you are looking for the hassle.

Mrs OBumble

https://www.boards.ie/discussion/comment/119103799#Comment_119103799

Hassle or compensation.

The LL's actions were totally illegal, and it's likely the PRTB would award against them. But would the LL actually pay up - and what would the future of the relationship be like.

Likely worth it if you're going to be moving out, but not otherwise.

MakersMark

https://www.boards.ie/discussion/comment/119103911#Comment_119103911

Ha...what a post!

What penalty do you think can be levied against the landlord in this instance?

Hint...there isn't one.

Unreal, the level of posting in this forum. Just hives false hope.

awec

Yes the PRTB powers to sanction landlords is only for specific breaches of rental laws, not all breaches. They can't impose fines for illegal inspections, which makes going to the PRTB in this instance even more pointless, it's just hassle with no upside.

kippy

https://www.boards.ie/discussion/comment/119103911#Comment_119103911

But escalating this makes no sense given the facts we are aware of.

Mrs OBumble

https://www.boards.ie/discussion/comment/119104255#Comment_119104255

It's illegal to to X, but if you do it there is no penalty?

Really?

So what the hell is the point of the law.

JimmyVik

https://www.boards.ie/discussion/comment/119105694#Comment_119105694

Landlords have been asking themselves that when it comes to bad tenants for many a year now.

raxy

The fact that there is no penalty does not mean he should sit there & do nothing about ut. The landlord is threatening further actions as a result. I wouldn't sit back and accept that.

I rented a place before. 2-3 months in the immersion went. I contacted the estate agent & while on the phone I mentioned a floorboard in the sitting room is a bit warped & the door was catching on it.

They told me they would send someone around to have a look at the immersion. 2 days later the estate agent called around instead of the plumber we expected & they did an inspection on the entire house while I was in work. They also noted that the garden was a bit overgrown & the house wasn't tidy.

I went nuts at them for not informing me about an inspection & that they decide to inspect but didn't organise a plumber about the immersion. Threatened to make a complaint to the rtb.

Owner of the estate agent called me back very apologetic & sorry for the confusion as they thought I knew it was an inspection (all bollix). Also sent a letter to the house saying the same & any future inspections would be agreed in writing.

That was the last we heard from them again while we lived there.

covidcustomer

https://www.boards.ie/discussion/comment/119106171#Comment_119106171

Completely agree with this, whether there is a penalty or not, the OP should log the complaint and inform the LL of same.

Nickindublin

If i was the OP i would wait until the LL writes again with any further actions. It looks like the LL may have a motive for the inspection. Let them play their cards first. You have the illegal inspection on your side. So i would just play a wait and see game.

spaceHopper

No she's in the wrong and probably knows it, who is to say when the letters were delivered, she could have left them there after the inspection for all you know.

Two things that jump out, she knows she's wrong but doesn't care, what is she up to or after.

Second, there is no point going to the RTB as they are swamped and you will get nothing for it.

What I would do is write to her and say that you very disappointed she invaded your privacy and that she dropped letters into your the letters box at time she knew you would be out of the country during the period in question, as you had verbally informed her as such. To do so was very dishonest. But if she apologizes you will let the matter go. Secondly your tablet computer (make something up) screen was damaged and does she know if it happened during her inspection.

Seth Brundle

Secondly your tablet computer (make something up) screen was damaged and does she know if it happened during her inspection.

What's the purpose of adding a lie to the communication?

spaceHopper

https://www.boards.ie/discussion/comment/119107714#Comment_119107714

It puts her on edge makes her unsure if she did it or not makes her think twice before doing something like this without the tenant there.