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Landlord wants to access apartment without my consent

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Comments

  • #52
    ted1
    Registered Users, Registered Users 2 Posts: 23,794 ✭✭✭✭ted1


    Carawaystick wrote: »
    I'd make life as hard for the Ll as possible.
    I'd state in writing you will not allow any utilities be used by the Ll or his agents, so no electrics or water.
    I'd ask for a site safety statement and a public liability insurance cert for the works in advance of any works taking place.
    I'd ask for a written declaration the flat already meets the minimum standards as set down in law for the rental accomodation, or immediate(/whenever suits you) termination of the lease for default by the Ll.
    I'd ask the Ll to imdemnify you against any loss as a result of these works, including theft or damage of contents.

    And why would you make life as hard as possible ? Read what you just wrote and an yourself is that a dick of a thing to do?


  • #53
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Carawaystick wrote: »
    I'd make life as hard for the Ll as possible.
    I'd state in writing you will not allow any utilities be used by the Ll or his agents, so no electrics or water.
    I'd ask for a site safety statement and a public liability insurance cert for the works in advance of any works taking place.
    I'd ask for a written declaration the flat already meets the minimum standards as set down in law for the rental accomodation, or immediate(/whenever suits you) termination of the lease for default by the Ll.
    I'd ask the Ll to imdemnify you against any loss as a result of these works, including theft or damage of contents.

    Are you serious?


  • #54
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    delahuntv wrote: »
    I hope the op doesn't require a reference from current ll in thd future. With his/her attitude they won't be getting one.

    To me it looks like the op just wants to be a stubborn argumentative tenant just for the sake of it.

    grow up kid

    No, I'm not trying to make their life hard even though they owe me money and have tried to increase my rent twice illegally in the last year.

    All I wanted was more notice of them coming into MY HOME while I'm not there and they shot back at me that they had every right to enter my property (which they do not).

    If these are regulatory works that need to be carried out then why not just say that to me? They didn't and I'm not going to presume they are unless they tell me otherwise.

    There is almost 200+ apartments here. These works have just begun. Is it so much to ask that they wait until I move out?

    I never once had to contact the last agency who ran these buildings in the year and a half or so I was here and the people living in my apartment for the last 4 years didn't either. Now every week it is something new. Last week we had no water, then we had muddy water. The month before that they changed the locks and made us collect the keys in their office without any sort of decent notice and the month before that sure I apparantly didn't pay the rent and they made me email them screenshots of my bank account. I have grown to hate living here because of this new company.

    So no, I'm not being stubborn or argumentative. I'm a good tenant, I pay my rent and bills on time, the place is immaculate and I treat it like my own. I've been renting for 7 years and have references from every other letting agency or landlord I've rented from.

    I'm not going to try and annoy the agency by not letting them do the works, just make them do them when it's convenient for me.


  • #55
    Drift
    Closed Accounts Posts: 1,395 ✭✭✭Drift


    Those chains are definitely for fire safety purposes.

    I'd say they could make a strong argument that the works are emergency works to make the building safe in case of fire.

    Of course if they do that you can ask them why they haven't notified the residents that the building is unsafe!


  • #56
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    ted1 wrote: »
    Emergency repairs allow permission
    OP has stated that the doors are already self closing so these works are just to upgrade the existing fire safety features.
    Stench Blossoms wrote: »
    If it's an emergency repair (which i don't think it is - i've been told by other tenants that they are putting new doors in) then the apartment would be deemed unsafe and I shouldn't be living it it?
    Exactly and they would have to provide accommodation for all tenants while remedial work was carried out.............Maybe the apartments are unsafe and they are trying to avoid having to do that by getting the work done without telling tenants that the apartments are unsafe?
    blacklilly wrote: »
    It sounds like the LL is carrying out upgrade work, possibly related to fire safety.

    It would seem from the extract of the lease that the OP provided that the LL can gain access giving the notice as dictated in the lease.
    the excerpt from the lease can't over-ride a tenants rights provided by the residential tenancies act.


  • #57
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Op are they just doing work on your apartment or is it to be done on all apartments in the development?

    If it's just your apartment then I see your point, they should just wait until you move out.

    If it's all apartments, then I can see their point, they have to arrange a week when they will be on site to do all the properties, so on the law of averages there will be some tenents/owners who will not be happy with the timing. As a previous poster said, it would not make sense to do the apartments individually at different times convenient to the occupants. So I suspect that if the repairs are necessary for fire &safety regs, they will use the lease to access your apartment. Perhaps you should view this as an opportunity to get something from the LL, like a rent reduction for the short time remaining on your lease.

    In relation to "emergency", if law and owners insurance require compliance with fire & safety standards, then it would be pretty easy for them to make a good case that the repairs had to be done without delay.


  • #58
    ted1
    Registered Users, Registered Users 2 Posts: 23,794 ✭✭✭✭ted1


    Do you live in long boat quay?


  • #59
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    ted1 wrote: »
    Do you live in long boat quay?

    No.


  • #60
    the_syco
    Registered Users, Registered Users 2 Posts: 37,314 ✭✭✭✭the_syco


    Stench Blossoms wrote: »
    Well I guess i'm screwed because they sent me a copy of my lease
    Does the copy of "your lease" have your signature on it?
    Stench Blossoms wrote: »
    cutting out ceilings, re-installing, removing doors and rehanging
    I wonder how this will affect your bedroom, and ability to sleep?

    =-=

    Take photographs of the rooms before they start work, and when they finish work. ANY, and I mean any damage caused to the apartment, notify the agency as they seem like they'll try to screw you over for damages when you leave.


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  • #61
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    I really do love this crowd. Sent them a registered letter giving them a months notice that we were leaving 2 weeks ago. It was signed for on the 2nd March by Sarah*

    Got a phone call yesterday 'Hi this is Sarah, sorry we only just got your letter now, it was sent to the building next door' - oh really? so why is YOUR name on it saying you signed for it at 10am 2nd March?

    "There'll be a viewing at 12 tomorrow".
    -No there won't. There'll be someone here at 5 you can come then.
    "It's booked for 12"
    -Probably should have asked us first? I don't want strangers wandering around the apartment.
    "I'll be there, I'll ensure nobody touches your stuff"
    -You are a stranger.

    I don't think there is anything they won't lie about.


  • #62
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    Stench Blossoms wrote: »
    I really do love this crowd. Sent them a registered letter giving them a months notice that we were leaving 2 weeks ago. It was signed for on the 2nd March by Sarah*

    Got a phone call yesterday 'Hi this is Sarah, sorry we only just got your letter now, it was sent to the building next door' - oh really? so why is YOUR name on it saying you signed for it at 10am 2nd March?

    "There'll be a viewing at 12 tomorrow".
    -No there won't. There'll be someone here at 5 you can come then.
    "It's booked for 12"
    -Probably should have asked us first? I don't want strangers wandering around the apartment.
    "I'll be there, I'll ensure nobody touches your stuff"
    -You are a stranger.

    I don't think there is anything they won't lie about.

    wow. With tenant behaviour like that it is no wonder that the LL / tenant relationship is, more often than not, antagonistic


  • #63
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Grandpa Hassan wrote: »
    wow. With tenant behaviour like that it is no wonder that the LL / tenant relationship is, more often than not, antagonistic

    Nothing wrong with the tenants behaviour here. Would you be happy with the letting agent arranging viewings of your home without consulting you first?

    If I was in the tenant I'd set aside 1 evening and /or 1 Saturday for block viewings and I'd be there to keep an eye on things.


  • #64
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    amcalester wrote: »
    Nothing wrong with the tenants behaviour here. Would you be happy with the letting agent arranging viewings of your home without consulting you first?

    If I was in the tenant I'd set aside 1 evening and /or 1 Saturday for block viewings and I'd be there to keep an eye on things.

    Yeah can't see what's wrong with the tenant behaviour here either


  • #65
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    Grandpa Hassan wrote: »
    wow. With tenant behaviour like that it is no wonder that the LL / tenant relationship is, more often than not, antagonistic

    Explain what's wrong with my behaviour?

    They also still haven't got back to me about the money they owe me for a fob. Pushing on 6 weeks now.


  • #66
    Greenmachine
    Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    Stench Blossoms wrote: »
    Explain what's wrong with my behaviour?

    They also still haven't got back to me about the money they owe me for a fob. Pushing on 6 weeks now.


    Have to agree. If you are okay with block viewing, arrange a mutually agreeable time and date. I seriously think some agents are completely lacking in basic people skills. You could have anything planned on a given day, especially if it is the next day. Maybe you are going to work from home. You could have an interview over skype. Maybe you were planning a orgy. You could even have cleaners coming in, or be expecting a delivery.


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  • #67
    omnithanos
    Banned (with Prison Access) Posts: 710 ✭✭✭omnithanos


    Stench Blossoms wrote: »
    Explain what's wrong with my behaviour?

    They also still haven't got back to me about the money they owe me for a fob. Pushing on 6 weeks now.

    I'm a landlord and I would love to have as decent and reasonable a tenant as this in my property.
    I have one tenant who owes me €5,000 in arrears but if he decides to stop paying his share of the rent again it will take me at least 6 months to have him evicted and I could lose my rental income for that whole period while I still have my mortgage to pay.

    One point about the fob though, a lot of management companies charge tenants for replacement fobs. And what's the story with your rent deposit, what will you do if they refuse to repay that?


  • #68
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    omnithanos wrote: »
    I'm a landlord and I would love to have as decent and reasonable a tenant as this in my property.
    I have one tenant who owes me €5,000 in arrears but if he decides to stop paying his share of the rent again it will take me at least 6 months to have him evicted and I could lose my rental income for that whole period while I still have my mortgage to pay.

    One point about the fob though, a lot of management companies charge tenants for replacement fobs. And what's the story with your rent deposit, what will you do if they refuse to repay that?

    I want to give them my fob back. I paid 80e for it. I don't need it anymore. They said they would credit me 80e. I said 'Ok cool here's my bank details' and she said 'No we'll credit your account'. So I asked does that I mean I'd pay 80e less for the rent the following month. She got confused and said she'd ring me back.

    Haven't heard a peep since and I've emailed and rang a few times.


  • #69
    omnithanos
    Banned (with Prison Access) Posts: 710 ✭✭✭omnithanos


    Stench Blossoms wrote: »
    I want to give them my fob back. I paid 80e for it. I don't need it anymore. They said they would credit me 80e. I said 'Ok cool here's my bank details' and she said 'No we'll credit your account'. So I asked does that I mean I'd pay 80e less for the rent the following month. She got confused and said she'd ring me back.

    Haven't heard a peep since and I've emailed and rang a few times.

    Chancers, have you paid your last months rent yet?


  • #70
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    omnithanos wrote: »
    Chancers, have you paid your last months rent yet?

    Nope. I'm not proud of not paying it but I emailed them asking them how much I should be paying this month and when they get back to me I'll pay it.


  • #71
    omnithanos
    Banned (with Prison Access) Posts: 710 ✭✭✭omnithanos


    Stench Blossoms wrote: »
    Nope. I'm not proud of not paying it but I emailed them asking them how much I should be paying this month and when they get back to me I'll pay it.

    I assume it'll just cancel out with your rent deposit anyway but then you'll be left owed €80 for your fob and I'm sure they'll think of some reason not to give it to you.

    I have often let tenants use their deposit for their last months rent but then I was in and out all the time and I knew them all well.


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  • #72
    Korat
    Registered Users Posts: 2,406 ✭✭✭Korat


    This sounds like the management company mishandled the relationship with the tenant. I prefer dealing with individual landlords and I've been lucky to have had some good ones. Even when things go wrong a bit of courtesy can go a long way.


  • #73
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    Korat wrote: »
    This sounds like the management company mishandled the relationship with the tenant. I prefer dealing with individual landlords and I've been lucky to have had some good ones. Even when things go wrong a bit of courtesy can go a long way.

    The last agency was brilliant. Never had any issues at all with them.

    The ad is up on daft for the apartment. 200e more than what we pay.


  • #74
    The_Morrigan
    Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Stench Blossoms wrote: »
    Nope. I'm not proud of not paying it but I emailed them asking them how much I should be paying this month and when they get back to me I'll pay it.

    The rent amount doesn't change - if you haven't paid then you're breaching your obligations. You have the PRTB and the regulator to deal with if your rights are being encroached upon.


  • #75
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    The_Morrigan wrote: »
    The rent amount doesn't change - if you haven't paid then you're breaching your obligations. You have the PRTB and the regulator to deal with if your rights are being encroached upon.

    It doesn't change even though my account 'has been credited'? How am I suppose to get that money back? When I asked about giving them the fob back I wasn't planning on moving out. So how else am I suppose to get the money back?


  • #76
    omnithanos
    Banned (with Prison Access) Posts: 710 ✭✭✭omnithanos


    The_Morrigan wrote: »
    The rent amount doesn't change - if you haven't paid then you're breaching your obligations. You have the PRTB and the regulator to deal with if your rights are being encroached upon.

    Yes but it's the last month and they still have her deposit and owe her for the fob so a bit of give and take.

    I think what she meant was should she deduct the cost of the fob when she transferred the rent which sounds reasonable to me.


  • #77
    The_Morrigan
    Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    Stench Blossoms wrote: »
    It doesn't change even though my account 'has been credited'? How am I suppose to get that money back? When I asked about giving them the fob back I wasn't planning on moving out. So how else am I suppose to get the money back?

    You ask them for the money and if they fail to pay you bring them to the PRTB. You don't withhold rent unless you have explicit permission from the landlord or agent in advance of the rent being due.

    Mod bit: We also don't allow advice on such matters here, so if the thread continues in the I haven't paid my rent to recoup my losses/bills vein it will be locked before everyone gets in bother for breaching the charter.


  • #78
    omnithanos
    Banned (with Prison Access) Posts: 710 ✭✭✭omnithanos


    The_Morrigan wrote: »
    The rent amount doesn't change - if you haven't paid then you're breaching your obligations. You have the PRTB and the regulator to deal with if your rights are being encroached upon.

    The PRTB and the regulator won't realistically act on this. I don't even know what the PRTB do apart from collect registration fees.


  • #79
    Stench Blossoms
    Closed Accounts Posts: 9,390 ✭✭✭Stench Blossoms


    The_Morrigan wrote: »
    You ask them for the money and if they fail to pay you bring them to the PRTB. You don't withhold rent unless you have explicit permission from the landlord or agent in advance of the rent being due.

    I did ask them for the money. They told me they credited my account. When asked what this meant, she didn't know.

    I asked them could I withhold the 80e and they said they will get back to me.

    I have no problem paying the rent and will pay it when they tell me if I can withhold the 80 or not. If they tell me I can't withhold the 80e I'll still pay it. I'm just waiting on them to get back to me.


  • #80
    D12resident
    Registered Users Posts: 29 ✭D12resident


    When we paid for our Fobs it was included in a lump sum payment we paid with first month's rent/deposits etc. So I don't see how/why they could reason they want to pay back the payment separately. They want to make the system suit them instead of taking you into consideration, which is par for the course with this crowd.

    I would just go on assumption that it's okay. Ask them how they'd like the fob returned, and do as they ask. Take the €80 off the rent, and if they come back saying they wanted to handle it separately, they will realise that the bother involved having to refund you the amount, and then arrange for you to give it back again won't be worth it.

    In a situation like this with such a small amount of money, it's better to owe the money and know you will pay it, rather than be owed and not know if you're ever going to get it.

    FYI for others, I'm in the same apartment complex and have first hand experience of how completely disorganised this crowd are.


  • #81
    D12resident
    Registered Users Posts: 29 ✭D12resident


    Stench Blossoms wrote: »
    I did ask them for the money. They told me they credited my account. When asked what this meant, she didn't know.

    I asked them could I withhold the 80e and they said they will get back to me.

    I have no problem paying the rent and will pay it when they tell me if I can withhold the 80 or not. If they tell me I can't withhold the 80e I'll still pay it. I'm just waiting on them to get back to me.

    Did they pay it into the rent payers account??


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  • #82
    lima
    Registered Users Posts: 1,239 ✭✭✭lima


    Hi OP,

    Note that there are many many landlords on this forum so naturally they are going to be defensive.

    You are doing the right thing, however I would liaise with the PTRB for everything. If everything checks out that the landlord is doing illegal things then you will be able to raise a dispute and possibly fine them for a couple of grand for inconveniences to your right to peaceful enjoyment of your property.

    Ensure you know your rights as a tenant and if you are in doubt of anything then contact the PRTB.

    Sounds like quite an inconvenience, best of luck


  • #83
    The_Morrigan
    Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    D12resident wrote: »
    When we paid for our Fobs it was included in a lump sum payment we paid with first month's rent/deposits etc. So I don't see how/why they could reason they want to pay back the payment separately. They want to make the system suit them instead of taking you into consideration, which is par for the course with this crowd.

    I would just go on assumption that it's okay. Ask them how they'd like the fob returned, and do as they ask. Take the €80 off the rent, and if they come back saying they wanted to handle it separately, they will realise that the bother involved having to refund you the amount, and then arrange for you to give it back again won't be worth it.

    In a situation like this with such a small amount of money, it's better to owe the money and know you will pay it, rather than be owed and not know if you're ever going to get it.

    FYI for others, I'm in the same apartment complex and have first hand experience of how completely disorganised this crowd are.
    lima wrote: »
    Hi OP,

    Note that there are many many landlords on this forum so naturally they are going to be defensive.

    You are doing the right thing, however I would liaise with the PTRB for everything. If everything checks out that the landlord is doing illegal things then you will be able to raise a dispute and possibly fine them for a couple of grand for inconveniences to your right to peaceful enjoyment of your property.

    Ensure you know your rights as a tenant and if you are in doubt of anything then contact the PRTB.

    Sounds like quite an inconvenience, best of luck

    Non Payment of rent is not the right thing, if doesn't matter what side of the tenant/landlord relationship you fall on with this issue.
    If rent is due on the 1st of the month and you don't pay it on that date, you are in arrears and in breach of your obligations of both your lease & the RTA.

    There is to be no more talk or encouragement of non payment of rent on this thread.


  • #84
    lima
    Registered Users Posts: 1,239 ✭✭✭lima


    I am not condoning the non-payment of rent.

    I am referring to the OP challenging the activities of the landlord as they are breaching the rights of the tenant.


  • #85
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Stench Blossoms-

    Don't withold your rent.

    If the agent has advised you that there has been 80 Euro credited to your account for the return of the key fob- fine. Make a working assumption that you have a credit for 80 Euro- and pay the remainder. It is not your prerogative to withold rent- and after the mutually antagonistic relationship you and the agent have had- you are only storing up trouble for yourself by taking this gung-ho attitude.

    Neither you- nor the agent- appear to be whiter than white in your dealings with one another- however- witholding rent is a no-no, and is a red line we cannot and will not tolerate discussion of in this forum.

    Please sort it. I'm closing this thread- as I really don't see how or why there is any point in allowing it run any further.

    Regards,

    The_Conductor


This discussion has been closed.
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