Letting Agent entered my property without consent

SharkMX

People like the OP are a huge reason that regular normal people cant get rentals these days and also the reason the RTB are so heavy handed and this is seen in increased rents due to landlords leaving the market and any new ones coming in with huge rents.

concerned_tenant

https://www.boards.ie/discussion/comment/121891235#Comment_121891235

You may be happy to be scammed, but I'm not.

In total, they cost me thousands. And yes, I have every right to defend myself against their conduct over a number of years.

well24

https://www.boards.ie/discussion/comment/121891410#Comment_121891410

Thousands in rent :)

concerned_tenant

https://www.boards.ie/discussion/comment/121891724#Comment_121891724

If you were threatened to leave the property due to asking about rent credit; if you were demanded to adjust your rent within 2-weeks -- twice; if you were told to pay for all repairs and maintenance, even when its the landlord's responsibility -- and then when you do so, they issue an email saying you didn't receive their prior "authorisation", and so you lost another €1,000; if you had someone enter your home without consent; and many more situations besides; you wouldn't have the same casual opinion you appear to hold.

You'd be angry.

As would 99% of people.

SharkMX

https://www.boards.ie/discussion/comment/121891410#Comment_121891410

Your stories get better all the time. Its like you come up with an issue and then when you go away for a while you think of some more embellishment.

Then next time you log in the story has got worse and the landlord or agent is a bit eviler than they were before.

Wont be too long now til they walked in while you were in the shower and the agent has hooves.

Jmc25

https://www.boards.ie/discussion/comment/121891187#Comment_121891187

How many days would be reasonable for the OP to continue remembering before deleting from their brain like most people?

well24

https://www.boards.ie/discussion/comment/121893152#Comment_121893152

I know your being stupid, but maybe a day or 2 and then move on... does no good to keep going over it and over it...

Appears OP is working up quite a frenzy :)

SharkMX

https://www.boards.ie/discussion/comment/121895992#Comment_121895992

OP has been in a frenzy for years.

well24

https://www.boards.ie/discussion/comment/121896015#Comment_121896015

Never mind the EA, nightmare tenant :)

L1011

If you're going to just snipe at the OP, don't post at all. SharkMX and well24 are not to post in this thread again

concerned_tenant

On the rent credit, the RTB got back to me today (after some considerable time) to tell me that they cannot find the property registered and that I could contact the investigations unit.

But I contacted the investigations unit around the same time last year who said they identified the address isn't registered with the RTB and yet the address is still not registered today.

They also said to me that, "As the property may have been registered using a different version of the property address, you should carry out further searches on the register to check for records of a tenancy registration". I have done all possible versions and nothing turns up.

It's an altogether bizarre set of circumstances, and nobody can seem to force through a solution for me here.

meijin

https://www.boards.ie/discussion/comment/121917091#Comment_121917091

obviously, you were not registered

if you were, you would get a letter from RTB with the registration number soon after the registration (which usually happens at the start of the tenancy)

concerned_tenant

https://www.boards.ie/discussion/comment/121917274#Comment_121917274

If that's the case, does it mean I cannot access the rent credit?

blackwhite

https://www.boards.ie/discussion/comment/121891410#Comment_121891410

Being asked to pay for bin charges that you signed a contract agreeing to pay doesn't equate to being "scammed".

Kaisr Sose

https://www.boards.ie/discussion/comment/121917091#Comment_121917091

It should not be up to you to prove the property is not registered. RTB should be all over this to determine if it's registered, not asking you to do it for them. Very poor from them.

You are liable for the bin charges. Its not a scam. You generated refuse while living there, so it's reasonable to expect you to pay for its collection and disposal.

concerned_tenant

https://www.boards.ie/discussion/comment/121917518#Comment_121917518

I have no issues paying for whatever I am required to pay.

But what I was scammed out of and lost out due to their lies far, far exceeds the bin charges by multiple times.

meijin

https://www.boards.ie/discussion/comment/121917302#Comment_121917302

you'd need to check with Revenue...

concerned_tenant

How do you think the RTB will react to how the letting agent acted post-tenancy i.e. I paid €450 for a washing machine to replace the old, then broken one and had the new one integrated, exactly as it was integrated beforehand.

After I left the tenancy, they are now arguing that the new washing machine must be disposed of from the apartment, and a new one bought to replace it.

Surely the RTB will consider this yet another malicious act to take as much of the deposit as possible?

I also replaced the fire alarms, and they are aware of this too, but aren't arguing the fire alarms must be disposed of.

meijin

https://www.boards.ie/discussion/comment/121920683#Comment_121920683

In my opinion, their lease and behaviour were unacceptable and you should ask for a refund of all expenses above the initial rent.

Actually, they should have provided you with details about what rent was charged previously, and how your initial rent complies with RPZ regulations. So maybe even the initial rent could be incorrect? But that might be hard to prove now.

But it's up to you to argue your case at RTB Adjudication, and if you're not happy with the result, appeal to the RTB Tribunal.

The better you prepare, the better your chance to win.

growleaves

How could it be considered fine to walk in on someone in a private dwelling?

They could be naked or having sex.

It has nothing to do with whether you find someone annoying and consider them a nuisance/a 'problem tenant' (which is subjective). That's irrelevant.

I'm not sure LL posters on this thread realise how irrational and burnt out they sound.

mrslancaster

https://www.boards.ie/discussion/comment/121920798#Comment_121920798

Not a landlord and agree completely that an EA should not let themselves into any property without permission, be that from a tenant or an owner. Unfortunately for the OP it is their side of the story, rtb may need proof and the EA may deny it.

It should be easy to determine if rent increases were incorrect if OP has paperwork and can show when they were paid. If the period for rent notices was only two weeks then clearly the OP should dispute that, same with receipts for repairs or replacements that were the landlords responsibility. Rent credit is Revenue.

I'm wondering why a landlord would pay an EA to manage their property if they were dodgy? Those guys want to make as much as possible and an agent would cost them thousands in fees. Also why would an EA risk losing their license for a dodgy landlord. Any EA's I know register properties with the rtb as part of their brief and use the rent calculator and statutory forms on the rtb site. It's an odd messy situation for the OP for sure.

concerned_tenant

https://www.boards.ie/discussion/comment/121923053#Comment_121923053

They sent me the full deposit today -- (tomorrow was the final date I was willing to wait for it, or I'd escalate).

Clearly they understood perfectly well that RTB and Revenue would have a field day with their conduct to date, both in terms of the property and my tenancy. I wonder what they feared the most. They have done so much wrong. I also wonder how much they have scammed other tenants over the years; I'm absolutely convinced that I wasn't their first target.

Their sending me the full deposit is complete vindication of everything I accused them of, including her unlawful entry to my property.

They didn't even send me an email confirming it. The deposit was just sent back to my account without a word spoken.

concerned_tenant

Are tenants legally obliged to sign a document from a letting agent at the end of a tenancy, confirming that the tenant agrees to have a specified deposit returned to them?

Or is the deposit simply returned to the account, as standard -- without any legal contract signed.

The reason I ask is because it seems they wanted me to sign a contract agreeing to have the full deposit returned, "I confirm my agreement to the above in accordance with the lease agreement and payment of €2,195 in full and final settlement of all monies due to me in relation to my tenancy at <address redacted>. I also confirm that I have returned all keys to the agency and will not return to the apartment at any time in the future."

The above was sent to me last week, but I refused to read their correspondence at the time.

But I'm wondering if this is considered standard practice. After all, they sent me the full deposit today without me signing that document last week.

xyz13

Lord have mercy...

concerned_tenant

https://www.boards.ie/discussion/comment/121923713#Comment_121923713

It's a legitimate question -- is this standard practice when deposits are returned.

After all their scams to me over the past number of years, I wouldn't put anything past them with me not having signed that document yet they returned the deposit anyway.

meijin

https://www.boards.ie/discussion/comment/121923694#Comment_121923694

of course, you should NOT sign it - how would that benefit you?

it would give the agency another piece of paperwork to say that you received "full and final settlement of all monies" if you try to claim any refunds through RTB

concerned_tenant

https://www.boards.ie/discussion/comment/121923771#Comment_121923771

That's what I hoped to hear, thanks for clarifying that for me.

concerned_tenant

They clearly do not want me to persist with the rent credit and other costs I have been forced to endure.

The question is, should this be pursued any further?

Seth Brundle

https://www.boards.ie/discussion/comment/121923934#Comment_121923934

How much have you calculated that they owe you (obviously you need proof they owe you this)?

Would you prefer that money to be in your pocket?