Letting Agent entered my property without consent

Shocking to see some so blasé about a LA just letting themselves in or calling around unannounced.

id go mad. It’s completely illegal to do this!

concerned_tenant

https://www.boards.ie/discussion/comment/121886064#Comment_121886064

I even started to question my own response to what happened, based on the responses here.

I just cannot comprehend how anyone could justify the illegal entry of anyone into their private home, over which they have complete tenancy.

But in the end, it's just wrong. And I will not change my opinion based on what I have read here. Either something is legally and morally wrong or it isn't. And in this case, I would like to think it's very, very obvious who is in the wrong here.

And it ain't the tenant.

I really appreciate your contribution here by the way, because up to recently I was starting to doubt whether I was in the right or wrong.

OP the answer to your original question (I think) is no they cannot do that. It may be too late or just not worth it but you could file a complaint with the RTB.

A landlord or letting agent cannot just let themselves into your home. If they are doing so for an emergency such as a fire or gas leak they are allowed though.

They are absolutely not allowed just let themselves in because you didn’t answer the phone or door. Even if it was your tenancy end date it clearly was not the agreed time to meet them.

Even if it was they still can’t!

https://www.boards.ie/discussion/comment/121886094#Comment_121886094

I had to read the OP again honestly to make sure I wasn’t going mad.

Like I don’t care who’s knocking if I’m busy you can kindly fook off. I obviously wouldn’t ignore a knock if I had arranged to meet my LA or Landlord but I don’t know how some are demanding you were clearly a nightmare.

Boggles the mind.

shimadzu

OP you asked for advice on the issue related to the renters tax credit last year, you were offered some good advice at the time but attacked posters who didn't align with your narrow views. When you post using your other account (the one with the picture of Nigel Farage in it) you have a tendency to leave information out that doesn't suit your narrative or drip feed information making it difficult for posters to assist you with your ongoing issues. Most leases have clauses in them that allow the landlord (or their agents) to enter a rental property as the lease comes to an end in order to inspect the property or in order to show potential tenants around. It appears the agent tried to contact you in advance and you refused to engage, what was stopping you from calling the agent back prior to starting to clean the apartment? Why wouldn't you answer the door when you knew you had a missed call from the letting agent? Why were you cleaning the apartment two days prior to moving out, were you aware that an inspection was due and were trying to delay it by not answering the phone or door?

TheChizler

https://www.boards.ie/discussion/comment/121887581#Comment_121887581

Those clauses aren't worth the paper they're printed on if that's how they're written, any visit to the property by a landlord or their agent needs the tenant's consent, by law. Plenty of posters here need to read up on them seemingly. The tenant can't unreasonably deny these requests but that doesn't give the agent permission to enter after a missed call or whatever.

concerned_tenant

https://www.boards.ie/discussion/comment/121887681#Comment_121887681

And as I said earlier, the letting agent admitted to me that she heard me inside and just decided to enter on that basis (where she just ignored my frustration at her entering to challenge me on whether she needed to hire a painter "...as it takes 2-days to arrange"; as if the painting in the apartment was my priority; it's the landlords; and an inspection was due to take place on Friday anyway).

It was never on any other basis, just the brass neck of the agent to think they can do whatever they want and get away with it.

I will absolutely pursue this as far as I can, no matter the cost. Because I've been scammed in the past (from a person in the US), and I swore to myself I would never allow that to happen again.

People such as the letting agents who make a living off the back of lying to people to generate extra cash are fundamentally sick in the head. And someone needs to call them out, and I certainly intend to.

shimadzu

Thats mad, they must just throw in the clauses for the crack so.

The whole point of the clauses is to get the tenants consent in advance and make it a condition of the letting. It would appear that the agent tried to notify the OP that they would be comming and they also announced their presence by knocking. The OP appears to not want to engage.

The OP has a history of bluster, last year they were going to report the agent to the RTB a year on it appears they have not done so.

concerned_tenant

https://www.boards.ie/discussion/comment/121887855#Comment_121887855

Wrong.

The letting agent made no communication with me at all that they would be arriving at the apartment, let alone that I had agreed to such an arrangement. In fact, the day that she entered the apartment was my first time even seeing her (every other communication was through email or call). We agreed to meet at 12pm on the Friday, that was the time for the final inspection, period. Nothing was agreed before that; she just turned up unannounced.

Don't make things up as if you know more about this situation than me, please.

"They also announced their presence by knocking" -- I didn't know who it was, and I wasn't expecting anyone to call at my door; not my cousin, my friend, my other half, the letting agent -- nobody was expected. I was shocked to hear someone entering; I could have been naked or anything.

On the RTB point, I did discuss the matter with them and they told me the apartment was not registered. To my alarm when I checked the registry the other day, I still cannot find the address listed when I search for it. I will follow-up about this in due course.

shimadzu

You said they tried to phone you but you didn't answer.

You knew a year ago they weren't RTB registered.

Drip, drip, drip.

concerned_tenant

https://www.boards.ie/discussion/comment/121887960#Comment_121887960

You said they tried to phone you but you didn't answer.

So because I didn't answer a phone call due to being very busy at the time, that gives her the right to enter the apartment 2-hours later?

Is that your position?

Let's frame this from another angle. Imagine if I were a woman, didn't get to answer a few calls that afternoon, and happened to have been unclothed; and all of a sudden a letting agent man walks in asking about painting rooms.

In other words, can you possibly see why laws exist to ensure that people cannot enter your home unannounced?

The only exceptions are emergencies. Asking about a damn painter isn't an emergency.

And based on your last comment, "drip, drip, drip", I won't engage with your posts going forward.

shimadzu

You tend not to want to engage with anybody, landlords, agents, RTB, other posters, etc, that's why you keep creating new accounts and complaining on boards.

L1011

Do not speculate as to other users identities

concerned_tenant

Can anyone confirm whether faulty fire alarm systems are the responsibility of the landlord or the tenant to fix?

I'm trying to find information on this but failing currently.

L1011

https://www.boards.ie/discussion/comment/121888811#Comment_121888811

Landlord. Building infrastructure.

In apartments it would be the OMC, of which the landlord is a member and the tenant is not

meijin

https://www.boards.ie/discussion/comment/121888811#Comment_121888811

of course landlord!

tenant is really responsible for:

• their own stuff
• anything they broke that was supplied by the LL
• consumables (like light bulbs)?

check out https://www.citizensinformation.ie/en/housing/renting-a-home/tenants-rights-and-responsibilities/tenants-rights-and-obligations/#065a4b and https://www.citizensinformation.ie/en/housing/renting-a-home/landlords-rights-and-responsibilities/landlords-rights-and-obligations/#0ab16a

concerned_tenant

https://www.boards.ie/discussion/comment/121888831#Comment_121888831

Thanks for confirming that.

The reason I brought it up is because when the alarm systems broke down, maybe within a month of my tenancy, I emailed the same letting agent and asked her about fixing them. She instead told me that it's something I will have to fix and that concierge might have a phone number to an electrician who would be able to assist me.

This is yet another cost that I had to absorb.

mrslancaster

https://www.boards.ie/discussion/comment/121887982#Comment_121887982

Of course LA should not have let themselves into your apartment but could you prove they did? Unless you have some actual evidence, the LA could deny it happened and say they tried to contact you by phone, knocked on your door, but left the building when they got no answer. LA's need a licence to operate and could lose it if they do anything dodgy.

Agree with others that you need to pay the bin charges.

Afaik you need an rtb registration number to claim the rent credit - no idea how you get around that if you don't have it and you've already left the apartment. If the LA was managing the letting for three years, they slipped up by not ensuring the registration was in order.

Does the LA know you intend to dispute the non-registration with the rtb? It's hard to understand why any landlord would risk not registering a rental these days - they're leaving themselves open to hefty rtb fines and revenue scrutiny.

concerned_tenant

https://www.boards.ie/discussion/comment/121889624#Comment_121889624

I'm looking into getting the RTB number. One way or another, I'm getting that rent credit.

On the proving she entered, I don't disagree it's impossible to directly prove. But there is circumstantial evidence that it is more likely true than not i.e. I didn't know she was going to arrive yet shortly after she left, I sent a text to my other half saying what happened. Now the only way that could not be true is to argue I deliberately lied to my other half. So whilst nobody has a camera pointed to their door all the time, her history of lies and deception, coupled with this circumstantial evidence, is sufficient to establish beyond reasonable doubt that what I am saying is true -- which it is.

Yes, the LA has been told that if they play fast and loose with my deposit, I will proceed with RTB on all the bases discussed in this thread (and others I have since come across).

They are already trying to "manufacture" circumstances to try and scam me further.

For instance, yesterday. When the washing machine broke down, I personally replaced it with a brand new one, and this was integrated like the old one. Yet she emails me saying that the washing machine will be physically removed from the property (they will probably sell it for easy money) because I did not receive "authorisation" to have it replaced; so that an empty gap is in the apartment -- either paid by me through my deposit or through the landlord paying for it. This is despite the fact in the clauses it states that I am personally responsible for fixing any maintenance issues, should they arise.

mrslancaster

https://www.boards.ie/discussion/comment/121871449#Comment_121871449

Just saying that like many others, I have no time for dodgy landlords or letting agents.

But going on your info, the rent increase amounts look ok. You paid 2200 deposit three years ago so sometime in 2021. That was also the monthly rent. Between Jan and Jul21, rent increases were capped at 4%. From Jul to Dec21, rent increases were in line with inflation. The 2% cap came in in Dec21. Those different rates could explain your rent increase of 3.18% from 2200 to 2270. The next increase was 2.2%.

The increases are calculated based from the date of occupancy and the interval since the previous increase, so with no info on the dates it's hard to say if they are ok or not.

I don't know if there is a requirement to get an invoice for utilities once they are specified in a lease agreement that you signed. You are definitely entitled to more than two weeks notice of a rent increase and that can be disputed with rtb.

concerned_tenant

https://www.boards.ie/discussion/comment/121889794#Comment_121889794

In my view, if letting agents behave anywhere near as like she has, they should be struck off the record and have their license revoked -- immediately and permanently.

This estate agent seems to have conducted the entire letting in a most unprofessional and unlawful way. Are they even properly registered as an agent, nothing would surprise me the way they conduct business 🤔 Landlords often depend entirely in an agency to do things properly. You employ an agent to look after the lease, payment, maintenance. When I let my place it meant I didn’t get calls regarding cooker broken etc, they just filled an online form, the agent contracted a contractor for an estimate, I got an email notification so that I could go to the portal and approve the repair or replacement.

concerned_tenant

https://www.boards.ie/discussion/comment/121889966#Comment_121889966

I wish that was all I had to put up with.

This for me matters more than money now. I cannot let scammers get away with this, period.

havana

https://www.boards.ie/discussion/comment/121882347#Comment_121882347

Are you actually for real? If someone let themselves in to my house and I didn’t know who they were I’d probably scream for help - asking who they were is pretty normal I would think.

this thread has totally blown my mind!!

concerned_tenant

https://www.boards.ie/discussion/comment/121890158#Comment_121890158

I was shocked at a) the level of hostility I received and b) the assumption the tenant must by hiding something; i.e. that somehow the landlord / letting agent must somehow be acting legitimately, that somehow I was in the wrong (I must be hiding essential details).

I have been as honest as possible, and even posted emails and contract details.

For some, that's not enough -- apparently I'm still to blame for everything.

I'm perfectly aware the letting agent will try to get up to no good to try and make me look bad. It's a risk I decided to take, but I cannot allow them to scam me any further -- or for that matter, anyone else.

And if my pursuit of their behaviour ends up resulting in helping other people in the long-term, in whatever capacity, then it will be worth it in the end for me.

SharkMX

They are probably sick of you tbh and any communication from you goes to the bottom of the inbox.

I imagine you have a complaint in every week. Even now that you have left you cant let up.

shimadzu

Sounds like a classic case of renters remorse, off to the RTB when a lease has come to an end. From what you have posted about the agent over the last two years they appear to be very unprofessional but I find a lot of what you have to said to be questionable. I don't think there is a landlord in the country that would avoid registering with the RTB, avoid paying tax and then go down the route of using an agent to manage the rental which would generate a paper trail that would be very beneficial to revenue. A year ago you were going to hold the agent/landlord to task regarding your renters tax credit, did the RTB rule in your favor on that matter, did revenue audit the landlord? From the snippets of communications with the agent you've posted you strike me as a tenant that has gone out of their way to make everything as awkward as possible and I'm sure the agent/landlord are delighted this tenancy has concluded.

Dav010

There seems to be a lot more to this story than what the op has posted, using this account. For the sake of completeness, perhaps it would be better to merge, or ant least link to earlier threads, if the op agrees.

MrRigsby

I left the letting business years ago because you run into more than your fair share of to be polite “problem people “ . They are emboldened by the likes of the RTB who are a joke and zero legal protection for landlords. It’s amazing how people who are supposedly so intelligent and have legal knowledge that would put a senior counsel to shame can’t afford their own property thus eliminating the need to deal with landlords and letting agents entirely. Personally I never used letting agents as I preferred to size up potential tenants myself and weed out anyone I got a bad vibe off . Didn’t always work out unfortunately as even the filthiest pig can clean up their act for a viewing

well24

Seems OP is overreacting, making a big deal otta something to try and get some money back..

The EA entered the apartment nearly 10 days ago now, most ppl would have forgotten abt it by now :) But their still ranting..

The EA was definitely in the wrong, but get over it.. move on..

Now EA it going out of their way to charge OP for bein a pain in the ar$e