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Landlord packed our stuff up and threw it out

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Comments

  • #62
    ted1
    Registered Users Posts: 23,241 ✭✭✭✭ted1


    punisher5112 wrote: »
    Where have you been????

    They did

    When did he say that. He sent the landlord sent a message


  • #63
    FluffPiece
    Registered Users Posts: 368 ✭✭FluffPiece


    ted1 wrote: »
    Was the tenancy terminated ?
    OP Needs to pick up the phone

    You must have missed the following in the OP
    On the 27th of April we sent him a message that the rent would be a bit late for may (first time rent has been late) and he ignored the message. On the 7th of mayjust before we were going to spend him the rent, he sent us one saying
    "I have boxed up your belonging, they are in a shed in *(location 20 miles from apartment)* and I'm keeping your secerity deposit for rent unpaid"

    If the OP version of the events are true, it would appear the landlord has ****ed up and shot himself in the foot here with regards to the RTB.

    Of course, we may not be getting the full facts here but we will operate on the basis of information provided.

    The tenants communicated with the landlord via messaging and the landlord appeared to be well able to message back with instructions to find belongings. Would be weird to assume the place was abandoned and tenants not evicted given the full information in the OP.


  • #64
    ted1
    Registered Users Posts: 23,241 ✭✭✭✭ted1


    FluffPiece wrote: »
    You must have missed the following in the OP



    If the OP version of the events are true, it would appear the landlord has ****ed up and shot himself in the foot here with regards to the RTB.

    Of course, we may not be getting the full facts here but we will operate on the basis of information provided.

    The tenants communicated with the landlord via messaging and the landlord appeared to be well able to message back with instructions to find belongings. Would be weird to assume the place was abandoned and tenants not evicted given the full information in the OP.


    Who says he got the messsage, and if he got it. What why was in interpreted, do you not think it’s fairly cheeky doing it by message rather then via a conversation?
    If so
    So no phone call or conversation was had? Phone calls and conversations are the best way to clear things up. The OP needs to have an actual conversation


  • #65
    FluffPiece
    Registered Users Posts: 368 ✭✭FluffPiece


    ted1 wrote: »
    Who says he got the messsage, and if he got it. What why was in interpreted, do you not think it’s fairly cheeky doing it by message rather then via a conversation?
    If so
    So no phone call or conversation was had? Phone calls and conversations are the best way to clear things up. The OP needs to have an actual conversation

    The landlord was perfectly able to send a message dictating that all items were in storage, where said storage was and that they would be keeping the deposit.

    If it's good for the goose and all that...


  • #66
    bucketybuck
    Registered Users Posts: 18,088 ✭✭✭✭bucketybuck


    Panjandrums wrote: »
    I wonder was the landlord concerned about having an uninsured apartment due to it being left vacant?

    I'd say the landlord was more concerned that a group of students who won't be returning to college any time soon were going to mess him around, and was probably expecting rent to be unpaid by kids who might start wondering why they should pay rent for a house they haven't been near in months.

    He also probably knows how well landlords do when they follow the rules to deal with troublesome tenants, and how long it takes to get anything resolved.

    Lo and behold, then the rent doesn't get paid. I imagine the landlord fully expected this and decided that he had no intention of taking any ****e, boxed up their things and retook possession of the premises.

    Like it or not, rightly or wrongly, that was probably his mentality and so when rubbing hands about how badly the landlord is going to lose in court just consider that he probably knows damn well what that process is and is prepared for it.


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  • #67
    Panjandrums
    Registered Users Posts: 398 ✭✭Panjandrums


    Three other people are involved in this and it appears that the op was not the one communicating with the landlord.

    How do we know that the lease holder didn't tell the landlord they wouldn't be able to pay rent anymore.

    The landlord then moves out their belongings from the vacant and uninsured property.

    It would be naive to think that their isn't something going on behind the ops back, between the other tenants and the landlord.


  • #68
    Whelo79
    Registered Users Posts: 2,649 ✭✭✭Whelo79


    Some real tools in here. I think people just like an argument.

    I'm a landlord and I would never contemplate evicting tenants in this situation. Given identical circumstances (and even presuming for some reason I had not received tenants text about late payment) I would at the very least make several attempts (if needed) to contact the tenant by phone for an update.

    How did the landlord know the apartment was empty? Did he call over unannounced to check? Doesn't a landlord have to provide suitable notice before visiting the property?


  • #69
    bucketybuck
    Registered Users Posts: 18,088 ✭✭✭✭bucketybuck


    Panjandrums wrote: »
    Three other people are involved in this and it appears that the op was not the one communicating with the landlord.

    Where is this stated?

    Wouldn't be the first time one tenant wasn't telling others the full story.

    The OP wants to go back to work but do the other students? Did they really want to continue paying rent?


  • #70
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Whelo79 wrote: »
    I would never contemplate evicting tenants in this situation. Given identical circumstances (and even presuming for some reason I had not received tenants text about late payment) I would at the very least make several attempts (if needed) to contact the tenant by phone for an update.

    +1

    It would be a spectacularly daft move for any landlord to chance his arm, even more so with additional emergency legislation in place.


  • #71
    Panjandrums
    Registered Users Posts: 398 ✭✭Panjandrums


    bucketybuck wrote: »
    Where is this stated?

    Wouldn't be the first time one tenant wasn't telling others the full story.

    The OP wants to go back to work but do the other students? Did they really want to continue paying rent?

    First line "we are a group of four"

    He then goes on to to say "we sent him a message" if he sent the message, he would have likely said I.

    The 7th of May was Thursday, if it was the op dealing with the landlord, I think they would have rang them at this stage.


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  • #72
    Panjandrums
    Registered Users Posts: 398 ✭✭Panjandrums


    Whelo79 wrote: »
    Some real tools in here. I think people just like an argument.

    You're not able to see another side to the story so I'll give you my rational.

    4 people in an apartment, due to the circumstances they negotiate a rent reduction. The op is out of work but likely claiming the €350 euro a week Covid-19 payment, which is highly likely to leave him in a better financial position when compared with part time work.

    The 3 others are perhaps just up in Dublin for college and their parents are paying the rent of 575 a month.

    Colleges finished on March 12th. Parents think that their child will be back in college for April so they pay for April. During the month of April it becomes clear the their child won't be back until the mid September if not later.

    575 X 5 = €2875 paid in rent for accomodation their child isn't using. The three other tenants get together and decide that their are terminating the lease without telling the op, as they know that the op would be annoyed at them because the op needs the accomodation for work during the summer.


  • #73
    expertrhino
    Registered Users Posts: 16 ✭expertrhino


    Ok, to reply to all the messages and the main points

    I sent a message to the landlord explaining the reason it with be late this month, and not next month, due to a few details. I did this on the 29th. He ignored me. I rang him on the 1st and 2nd, both times he didn't answer

    The other told me they sent him a message on the 26/27th that rent would be late by a few days, they got no response.

    So the 7th comes around, they get a message from him and screenshot what he said. I have not talked to this guy, he has ignored any messages/calls sent to him. I made it clear in the message I sent him on the 29th that we would be going back when the lockdown was lifted/ work restarted which I told him would be this month.

    So far, 0 contact with him as he is actively ignoring us.


    As for the point where I might not being told the full story from the other 3 tenants, it's possible that they might not want to go back but, if that's the case, why would the landlord be ignoring me also and not try clarify anything of his thinking?


  • #74
    Larbre34
    Registered Users Posts: 23,781 ✭✭✭✭Larbre34


    Its clear he has taken a gamble here, hoping that all the circumstances of the current crisis will distract you or anyone from going after him for breaking the law, which is has done wilfully.

    Prove him wrong.


  • #75
    overkill602
    Registered Users Posts: 267 ✭✭overkill602


    LL had nothing to gain here on a first and notified late payment its not as if he can let easy in the current climate i suspect there is more he cant be that stupid.
    You now seem to suggest the others may be doing something different you should be all responsible as tenants this relationship seems frail on all sides.
    Move on.


  • #76
    s1ippy
    Banned (with Prison Access) Posts: 2,980 ✭✭✭s1ippy


    Newbie20 wrote: »
    The RTB are a bit of a nightmare to get through to at the moment but just keep at it and you should get someone eventually. Don’t know if you’ll get anyone tomorrow but get straight on it Monday.
    It's the beginning of the third year after our illegal eviction and we're waiting on the ruling of our second hearing. The landlord didn't show up to the first one and then claimed he hadn't received any correspondence hence having to go through the whole process again. I doubt our case will ever be resolved.

    Phone Threshold and they'll talk you through the process. They're excellent.


  • #77
    Grab All Association
    Registered Users Posts: 3,917 ✭✭✭Grab All Association


    overkill602 wrote: »
    LL had nothing to gain here on a first and notified late payment its not as if he can let easy in the current climate i suspect there is more he cant be that stupid.
    You now seem to suggest the others may be doing something different you should be all responsible as tenants this relationship seems frail on all sides.
    Move on.

    He didn’t suggesy anything. It was suggested by others on here that the other tenants might not want to go back. The OP said that whilst this could be a posibility, it was highly improbable this would have happened as the landlord would’ve contacted him to see what the hell was actually happening.

    He broke the law plain and simple


  • #78
    Das Reich
    Registered Users Posts: 736 ✭✭✭Das Reich


    s1ippy wrote: »
    It's the beginning of the third year after our illegal eviction and we're waiting on the ruling of our second hearing. The landlord didn't show up to the first one and then claimed he hadn't received any correspondence hence having to go through the whole process again. I doubt our case will ever be resolved.

    Phone Threshold and they'll talk you through the process. They're excellent.

    That's what I was thinking. Those LL thinks that they can do what they want because it takes a lot of time and as many of the renters are non national students that will move home in an year, it will not be resolved and they will keep the deposit. Yet some poster before you thinks the LL can't be that stupid and that he will lose the case. I am a LL in my country so nothing against who owns a property.


  • #79
    overkill602
    Registered Users Posts: 267 ✭✭overkill602


    Das Reich wrote: »
    That's what I was thinking. Those LL now that they can do what they want because it takes a lot of time and as many of the renters are non national students that will move home in an year, it will not be resolved and they will keep the deposit. Yet some poster before you thinks the LL can't be that stupid and that he will lose the case. I am a LL in my country so nothing against who owns a property.


    The difference is LLs have to pony up they have the asset which could be a negative one.

    When tenant do the same the are able to walk away free from any liability
    we only here one side of the story the tenants side and even that 25% as 3 others are involved but hey lets jump to a natural conclusion


  • #80
    kevcos
    Registered Users Posts: 220 ✭✭kevcos


    Still waters wrote: »
    Take the cnut to the cleaners
    Ah, the epitaph of the rainbow brigade.


  • #81
    ShareShare
    Registered Users Posts: 54 ✭✭ShareShare


    Usually i think tenants tend to at mistake OP. Often non renting paying in silly ways. It sounds like you had many of your rights violated here. This wont be a hard case for you to win OP. You will likely be compensated quite a bit for all the damages you've incurred. Its not a pleasant situation, but you will most definitely come out of it financially improved because of the LL breach of your rights.
    They only had the right to send you a letter..especially given the current environment. They kicked you out of your home by removing your stuff without your permission and in your absence.
    They have illegally kept your deposit for rent in circumstances that don't warrant it. You can claim you cant afford another place because of it and are then homeless due to their actions.

    I suspect the LL wanted you out for other reasons but it doesn't matter, They will take the financial loss and you will be financially better off. Sorry you have to find a new home.


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  • #82
    ted1
    Registered Users Posts: 23,241 ✭✭✭✭ted1


    OP when was the lease due to expiry ?
    Start of September? You have been out since mid March and the earliest you can go back is 20th July/phase 4? Under the current guidelines you can not return next month
    So that’s 4 months rent for nothing?

    Do you honestly think it’s worth paying rent for April, May, June and July so stay there for 4?weeks in August ?


  • #83
    [Deleted User]
    Posts: 7,712 ✭✭✭[Deleted User]


    ted1 wrote: »
    OP when was the lease due to expiry ?
    Start of September? You have been out since mid March and the earliest you can go back is 20th July?
    So that’s 4 months rent for nothing?

    Do you honestly think it’s worth paying rent for April, May, June and July so stay there for 4?weeks in August ?

    That seems to be avoiding the real issues.


  • #84
    JustAThought
    Registered Users Posts: 5,323 ✭✭✭JustAThought


    There is also the question of the breech of contract on behalf of the OP - and the other 3 students. The LL is well within his rights to take a counter case for breech of contract and by the sounds of it could easily win. No visa to Austrlia, No J1 to America, to tripping around far east asia or Thailand - and doors shut to workng in entire industries for the rest of you life. A big price for not paying your rent but if you play with fore and f people over when they have been accommodating with you, you can expect trouble.

    As for the deposit and the house was
    there any damage to it? How much was owing on the bills - are they all up to date? I guess the ll will also have to pay someone to take out and dispose of those extra bunk beds you wanted to put in to keep the rent low for yourself. Assuming the OP had not moved in additional people without his knowledge also or done any damage to the house.

    As for the covid 19 payment which I imagine could leave a full time student better off than if they worked - if you have negotiated a rent increase because you could not pay it, but then availed of a government benefit/handout that paid you at least 1,200 a month and yet still disn’t pay the rent I would also be bringing this up in both a breech of contract case and to the PRTB. Along with the rent reduction and non payment and then dissapppearance, It presents a very different picture. How much was owing on the bills?


  • #85
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    JustAThought wrote: »
    There is also the question of the breech of contract on behalf of the OP - and the other 3 students. The LL is well within his rights to take a counter case for breech of contract and by the sounds of it could easily win. No visa to Austrlia, No J1 to America, to tripping around far east asia or Thailand - and doors shut to workng in entire industries for the rest of you life.

    How do I put this politely.

    Utter tosh.

    Criminal breach of contract, you are funny.


  • #86
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    OP is in for bumper payout from this dodgy dirtbags landlord.


  • #87
    Sarn
    Registered Users Posts: 3,059 ✭✭✭Sarn


    From the information provided, it looks like the LL wanted you all out, for whatever reason. While not ideal that the rent was late, the fact that you made the effort to advise him in advance of a potential delay was the right thing to do. Rent being late seven days, is no excuse to illegally evict all of you.

    The fact that he’s looking to keep the €4600 deposit, when he’s the one that kicked you out, is laughable. If you had walked away, and in the absence of any outstanding bills or damage, he would be obliged to return any remaining balance once any losses were mitigated. The impression I’m getting is that he’s trying to take advantage of “students”. Very foolish on his part, especially under the current restrictions.


  • #88
    dubrov
    Registered Users Posts: 3,542 ✭✭✭dubrov


    Based on the information provided, it is a clear cut case of illegal eviction.

    It's funny to see the landlord bias of some of the posters coming out.
    The details seem to be irrelevant to them


  • #89
    Nigzcurran
    Registered Users Posts: 2,677 ✭✭✭Nigzcurran


    jrosen wrote: »
    He didnt throw it out, he has packed it up and stored it.

    Are you sure he received a text?? Because if not, from where he stands he has a vacant apartment with no rent paid for the month of May.

    Yep exactly this, that single text is not much of an effort on your behalf, you should have rang and explained the situation and could have avoided all this hassle.


  • #90
    Sarn
    Registered Users Posts: 3,059 ✭✭✭Sarn


    Nigzcurran wrote: »
    Yep exactly this, that single text is not much of an effort on your behalf, you should have rang and explained the situation and could have avoided all this hassle.

    The OP said that they tried to ring twice but got no answer. It looks like the LL was dodging them. Equally the LL should have rang them to see what the situation was.


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  • #91
    [Deleted User]
    Posts: 7,712 ✭✭✭[Deleted User]


    Nigzcurran wrote: »
    Yep exactly this, that single text is not much of an effort on your behalf, you should have rang and explained the situation and could have avoided all this hassle.

    Does that in any way make the following actions acceptable though?


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