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Landlord changed locks, stuff inside

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Comments

  • Registered Users Posts: 2,382 ✭✭✭1874


    cuddlepunk wrote: »
    My family member was refused Hap by the landlord, a week after they moved in, even though he said they could get it when they paid deposit etc, for some reason he couldn't complete the paperwork. They paid what they would have been paying if they received Hap each week, because that's all they allowed for, but they didn't have rent book or bank receipts, they had to hand it into a friend of his . They are young and naive and caught in a spiral that went out of control. Thank you very much to all that gave genuine replies, to the rest of you, you pass judgement on people and a situation that you know nothing about of except a few lines I wrote above. You know nothing about my views on the situation. It must be great never to have put a foot wrong in your lives, hope you don't fall off those moral high horses.


    Ok, so the landord agreed to it? but they are only paying an amount equal to what they would get under HAP, is this the rent that was asked for/agreed to? if the HAP amount is less, then the landlord said they'd agree to it? correct? so he hasnt refused HAP by the sounds of it, but they seem to be refusing the amount you are paying? so are they paying the full agreed amount? when you say they are paying what HAP would pay, that doesnt mean thats what the asking rent is,

    A landlord can say they wont refuse HAP but if the rent is above the HAP limits, then there is no way the a tenant can rent it, a bit of a catch 22 situation.


    Im not sure how it goes if someone is already in, if the landlord says they will accept HAP (they have no choice) but if HAP is less than market rate, do they have to accept it? I think not, they could insist HAP is equal to market rate, as that is unlikely to happen, then surely the tenancy is on its last legs?

    Dav010 wrote: »
    To be fair, from what the op has posted the rental arrears is a direct result of the LL’s wrong, and illegal refusal to accept HAP. I have no sympathy for this LL.


    From what it seems the landlord didnt refuse HAP, the poster said she/he accepted it, but they have no right to refuse, its illegal, it sounds like the landlord frustrated the application by not filling in the paperwork, but if the tenant is paying the HAP amount and not the asking market rate, that tenancy seems to be in breach already, if they are just in the door (less than 6 months), they wouldnt have rights under part 4.


  • Registered Users Posts: 3,098 ✭✭✭Browney7


    @1874, My reading of it is the tenants have paid the shortfall between what HAP will pay and what the tenancy amount is - ie rent 1200, HAP 1000, tenants paying 200. All second hand information here though so hard to know what's actually going on


  • Registered Users Posts: 834 ✭✭✭GGTrek


    If the landlord has an RTB determination order saying that the tenants had to leave by a certain date and they didn't, then the tenants are screwed. The only way to get back possession it is to pay some serious money to a solicitor for an injunction and if contested they will have to give solid proof on why they did not pay rent. RTB has no power to give back possession and even w.r.t. compensation they will not look kindly at tenants who don't pay rent, don't respect a determination order and just sit tight.


  • Banned (with Prison Access) Posts: 56 ✭✭bluetractor


    Here's a post on another thread by the OP

    "A friend of mine, her partner and 1 year old, have had an rtb ruling back that they have to vacate the house they are in within 2 weeks"

    So before people jump down the necks of landlords, there's always another story and its very rare for tenants or people connected with tenants to give the correct story and then they get wrong advice.

    So the REAL store is the rtb adjudicated and the tenants were due to be out by early jan. They STILL refused to move.

    The landlord is 100% in the right legally to do what he did. Morally is nother story, legally the landlord followed the rulebook to the letter


  • Registered Users Posts: 55 ✭✭cuddlepunk


    Browney7 wrote: »
    @1874, My reading of it is the tenants have paid the shortfall between what HAP will pay and what the tenancy amount is - ie rent 1200, HAP 1000, tenants paying 200. All second hand information here though so hard to know what's actually going on

    That's exactly it, he agreed verbally to Hap, they gave him the forms and he then told them he couldn't provide what was needed for it to go through.


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  • Registered Users Posts: 834 ✭✭✭GGTrek


    Wait a second are these the people who got kicked out? From the OP old thread about emergency accommodation:
    https://www.boards.ie/vbulletin/showthread.php?t=2057937017
    "A friend of mine, her partner and 1 year old, have had an rtb ruling back that they have to vacate the house they are in within 2 weeks, any place they look for on daft etc won't accept babies/toddlers. They live in Clare. They will have to enter emergency accommodation but they have no idea how this works. What kind can you get? How does it get paid? Is there a limit? can advise or help would be much appreciated. Thank you."

    Then they are definitely screwed and the landlord did what he could to limit his losses on the scroungers against the sh..y Irish legal system. I feel no compassion at all on the OP and his friends who have a very distorted view of reality. What makes me more angry are the do-gooders brigade who usually appear on this forum in cases like this who are indefensible.


  • Registered Users Posts: 834 ✭✭✭GGTrek


    Here's a post on another thread by the OP

    "A friend of mine, her partner and 1 year old, have had an rtb ruling back that they have to vacate the house they are in within 2 weeks"

    So before people jump down the necks of landlords, there's always another story and its very rare for tenants or people connected with tenants to give the correct story and then they get wrong advice.

    So the REAL store is the rtb adjudicated and the tenants were due to be out by early jan. They STILL refused to move.

    The landlord is 100% in the right legally to do what he did. Morally is nother story, legally the landlord followed the rulebook to the letter


    The OP and his friend have no shame coming to this forum asking for advice. They should go to the council instead and ask for emergency accommodation.


  • Registered Users Posts: 55 ✭✭cuddlepunk


    they can move to your home and live with you. you are so kind, can provide everything they need. happy ending!

    If it didn't effect my daughter who suffers from a serious mental illness I would have them live with no problem. The stress of too many people around sets her back recovery wise.


  • Posts: 0 Miriam Short Gnu


    Is it the same people from that found post OP?


  • Registered Users Posts: 55 ✭✭cuddlepunk


    GGTrek wrote: »
    The OP and his friend have no shame coming to this forum asking for advice. They should go to the council instead and ask for emergency accommodation.

    Legally the landlord needed an enforcement order.


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  • Registered Users Posts: 13,979 ✭✭✭✭Cuddlesworth


    Here's a post on another thread by the OP

    "A friend of mine, her partner and 1 year old, have had an rtb ruling back that they have to vacate the house they are in within 2 weeks"

    So before people jump down the necks of landlords, there's always another story and its very rare for tenants or people connected with tenants to give the correct story and then they get wrong advice.

    So the REAL store is the rtb adjudicated and the tenants were due to be out by early jan. They STILL refused to move.

    The landlord is 100% in the right legally to do what he did. Morally is nother story, legally the landlord followed the rulebook to the letter

    No, this is wrong. The RTB adjudication is pretty much just a recommendation to the courts. It carry's no right to evict, the landlord has to get a actual court order for that and only the sheriff is capable of actual evictions.


  • Registered Users Posts: 834 ✭✭✭GGTrek


    cuddlepunk wrote: »
    Legally the landlord needed an enforcement order.
    Well now your friends can deal with the Irish legal system rowing against them since they did not respect a determination order.


  • Closed Accounts Posts: 1,800 ✭✭✭tretorn


    What about the landlords mental health having to deal with this crap.


  • Registered Users Posts: 55 ✭✭cuddlepunk


    Just so we are all clear...I pay my rent, I have rented my home for over 12 years and I'm on great terms with my landlord....I was doing a family member a favor by asking advice because they're family. Thanks to everyone that was civil.


  • Registered Users Posts: 13,865 ✭✭✭✭Dav010


    cuddlepunk wrote: »
    ...I was doing a family member a favor by asking advice because they're family. Thanks to everyone that was civil.

    You completely misrepresented the situation your friend is in n to blame the LL. If these are the same people as your previous posts, then there is a very different backstory than just the LL suddenly changing the locks.


  • Registered Users Posts: 3,098 ✭✭✭Browney7


    cuddlepunk wrote: »
    Just so we are all clear...I pay my rent, I have rented my home for over 12 years and I'm on great terms with my landlord....I was doing a family member a favor by asking advice because they're family. Thanks to everyone that was civil.

    Your friend/family member was in breach of the tenancy and in rent arrears as the landlord wouldn't accept HAP. Whatever the reasons for this are, we don't know and it's likely you aren't being told the whole story either.

    This all seems very strange and if your family member was upfront and said, "we will be availing of the HAP scheme" and the landlord still offered them the place but then manufactured a rent arrears situation by refusing to sign forms or facilitate the arrangement they need to use the appropriate avenue to remedy this which is the WRC (it's possible the house isn't HAP compliant or other personal circumstances are at play making the LL unwilling to accept HAP).

    If he didn't want to accept HAP you would think he just wouldn't offer them the place in the first instance instead of creating this sh1tstorm so I'm guessing they entered into the rental agreement and then dropped the HAP line?

    Are you getting the full story from the family member?


  • Registered Users Posts: 10,905 ✭✭✭✭Bob24


    CPTM wrote: »
    I'm surprised no one has asked about the landlord's comment that he didn't change the locks. If this goes to court, how can that be resolved? What if they are a landlord who hasn't received rent, has tried to get a court order, and in order to disrupt that process, the tenants have changed the locks or have told the guards that the locks have been changed when in actual fact the landlord has done nothing? That would be a messy situation to get through.

    Fair point. Someone is clearly lying but there is no way to know whom.


  • Registered Users Posts: 55 ✭✭cuddlepunk


    TBH, I was trying to be helpful and find a way of getting the cat out legally, as I didn't want to think of it suffering. Like I said in a previous post the stuff is replaceable. From what I gather the landlord was unable to provide the tax clearance cert, he didn't realize at first he'd have to provide one for HAP.


  • Registered Users Posts: 55 ✭✭cuddlepunk


    I made it clear in my first post they were " waiting on a court order to instruct them to leave" which is a step after rtb determination order so I can't really see how I misrepresented.


  • Banned (with Prison Access) Posts: 282 ✭✭Anthonylfc


    Who2 wrote: »
    Maybe they should pay their rent next time.

    love it


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


    Mod Note

    and we're done here.

    Thread closed.


This discussion has been closed.
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