Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all,
Vanilla are planning an update to the site on April 24th (next Wednesday). It is a major PHP8 update which is expected to boost performance across the site. The site will be down from 7pm and it is expected to take about an hour to complete. We appreciate your patience during the update.
Thanks all.

Landlord from one of the seven levels of hell?

Options
  • 05-09-2005 8:55pm
    #1
    Vuk
    Closed Accounts Posts: 150 ✭✭


    I hope I can put this as rational as possible as I'm still boiling with rage.
    Two weeks ago my wife signed a lease with an agency for a 4 bedroomed house in Cork City, along with 3 other mature students.
    Deposits have been paid along with the first months rent. We moved everything in last tuesday, my wife has just moved in today and the landlord has just called around informing them that they will be evicted and he will be withholding their deposit.
    First things first, he has walked into the house on 3 occasions, unannounced and uninvited. Here are his reasons for eviction; One piece of art was tacked to a wall; people other than the tenants have visited(2 people stayed over one night after a late night flight into Cork); Loud music and a party was heard on Saturday night; he claims that the house was destroyed during the party.
    Now lets hear the facts; There was no party held on Saturday, all the tenants were away for the weekend and nowhere near Cork, when my wife arrived in the house, it was exactly the same state as she saw it last( clean, tidy and nothing broken).
    Despite spending a week looking for the right place, I believe she'd be more than happy to get the hell out of the house, with the minimun loss of money, we would be naive to think that the landlord will change his tune.
    Anyway, where does she stand? Is it just his word against theirs? I don't have a copy of the contract with me and I'm not familar with lease contracts so what's covered by these I have no idea.
    Any advice offered would be appreciated.


Comments

  • Options
    #2
    optiplexgx270
    Registered Users Posts: 2,436 ✭✭✭optiplexgx270


    Screw that let the fight begin. Prob need a months notice and as for the deposit if you dont get it back well make sure they leave the same amout in damage.


  • Options
    #3
    beller b
    Closed Accounts Posts: 1,033 ✭✭✭beller b


    The fist thing to do is talk to threshold.
    HERE

    The second is talk to a solicitor. From experience most of these landlords are bullys & shy away from any sort of legal attention into thier affairs. My guess is he has got a better offer of higher rent & this is the only way he can get rid of you.....Don't be bullied stand up to him...


  • Options
    #4
    Vuk
    Closed Accounts Posts: 150 ✭✭Vuk


    Thanks for the link beller, it has some useful information on the rights of tenancy. She will be visiting the letting agency first thing in the morning to see what complaints have been lodged, the full details of the landlord and then visit the Threshold office in Cork, we'll see what happens form there.
    The only shred of hope is that the landlord has violated the rights of the tenants by arriving in the house uninvited (unless of course this can be ruled out by a clause in the contract), this may be a ticket out of there in the case of them wanting to leave before they are actually evicted.
    My reading of the law seems that they have 28 days once notice has been served to leave the premises, but he has no right to withhold the deposit.
    The one thing that irks me the most is that if he wanted them out, he can use a number of reasons without infringing on the reputation of the tenants as long as they have been on his property for less than six months.
    As for Opti's advice, as much as one would be tempted to take that course of action, I don't think it would serve much purpose and only play into this freaks fantasies. Beat him with the law stick I say and beat him hard!


  • Options
    #5
    MicraBoy
    Registered Users Posts: 916 ✭✭✭MicraBoy


    The only shred of hope is that the landlord has violated the rights of the tenants by arriving in the house uninvited (unless of course this can be ruled out by a clause in the contract),

    No, the law is he is not allowed to do this. He must give notice before visiting. He can't contradict the law in the tenancy agreement, so he is completely in the wrong. That however is not particularly relevant.
    My reading of the law seems that they have 28 days once notice has been served to leave the premises, but he has no right to withhold the deposit.

    This is correct. He has absolutely no right where there is no damage beyond normal wear and tear.

    Any effort to withhold the deposit should be fought in the small claims court. This is a relatively cheap and hassle free (i.e. no solicitors) of getting your money. I have known a few people who have gotten deposits back from the court. All you do is pay a nominal fee, fill in a form and await the decision. This can take time but if you are in any way persistant you should get all money back. And dont be scared by bogus counter claims, the landlord will chicken out before you do. Threshold can give you all the relevant information. One thing I would say is to photograph the house ASAP to prove it is in proper order.

    And definitely don't cause any deliberate damage!!! Best of luck with it. I hope the landlord will only require the threat of small claims court to return the deposits.


  • Options
    #6
    AndyWarhol
    Closed Accounts Posts: 223 ✭✭AndyWarhol


    Vuk wrote:
    Thanks for the link beller, it has some useful information on the rights of tenancy. She will be visiting the letting agency first thing in the morning to see what complaints have been lodged, the full details of the landlord and then visit the Threshold office in Cork, we'll see what happens form there.
    The only shred of hope is that the landlord has violated the rights of the tenants by arriving in the house uninvited (unless of course this can be ruled out by a clause in the contract), this may be a ticket out of there in the case of them wanting to leave before they are actually evicted.
    My reading of the law seems that they have 28 days once notice has been served to leave the premises, but he has no right to withhold the deposit.
    The one thing that irks me the most is that if he wanted them out, he can use a number of reasons without infringing on the reputation of the tenants as long as they have been on his property for less than six months.
    As for Opti's advice, as much as one would be tempted to take that course of action, I don't think it would serve much purpose and only play into this freaks fantasies. Beat him with the law stick I say and beat him hard!


    Well in all fairness, if he doesn't like the people living there and it's his house, he's every right to get rid of you (or indeed your friends) if he so chooses.


  • Advertisement
  • Options
    #7
    coreilly1
    Registered Users Posts: 149 ✭✭coreilly1


    AndyWarhol wrote:
    Well in all fairness, if he doesn't like the people living there and it's his house, he's every right to get rid of you (or indeed your friends) if he so chooses.

    Andy,do you really think that would fly in a small claims court? "I didnt like them so I'm kicking them out,oh and I'm going to rob them of a months rent aswell because they had the cheek to rent this house off me"
    Truth is mate that its a legally binding contract that both the tennant and the landlord are getting into and they have to abide by.Owning a property to rent is the same as running a business,he cant get away with that.

    Vuk,we ended up getting a lot of hassle from a former landlord,she was trying to point out a load of fantasy fairytale problems that we had apparently caused.We recieved a letter from her solicitors about it(this was abviosly to scare us off),she didnt even confront us about it.Luckily a friend of mine was a solicitor and he helped us word a retorting letter stating our claim that nothing was wrong and sent it straight back to her solicitor.It did the trick and we only saw the woman once throughout the year.

    Stand your ground mate,dont get pushed around by these people.Alot of landlords think they're cute,shrewd business men because they own a property,but the truth is that alot of them haven't a clue how to run their property or deal with the public.Why do you think he runs everything through an agency?


  • Options
    #8
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    MicraBoy wrote:
    One thing I would say is to photograph the house ASAP to prove it is in proper order.
    Ensure that todays newspaper (or whatever day you go there) is in one of the photographs, as proof that the photo was taken that day.


  • Options
    #9
    StickyMcGinty
    Registered Users Posts: 2,835 ✭✭✭StickyMcGinty


    MicraBoy wrote:
    Any effort to withhold the deposit should be fought in the small claims court. This is a relatively cheap and hassle free (i.e. no solicitors) of getting your money. I have known a few people who have gotten deposits back from the court. All you do is pay a nominal fee, fill in a form and await the decision. This can take time but if you are in any way persistant you should get all money back. And dont be scared by bogus counter claims, the landlord will chicken out before you do. Threshold can give you all the relevant information. One thing I would say is to photograph the house ASAP to prove it is in proper order.

    And definitely don't cause any deliberate damage!!! Best of luck with it. I hope the landlord will only require the threat of small claims court to return the deposits.

    the Small CLaims COurt dont deal with deposits anymore, the PRTB was set up to take this matter away from the small claims, and they take a LOT longer to come to a decision.

    hes right though, landlords are bullies, laos check out his tax status, and if the registered you with the PRTB (3,000 fine if not).

    Threshold are brilliant, i was talking to a Paul from there at the start of the summer, he rang my landlord for me and explained that because he wasnt registered with the PRTB he could be done etc etc... worth a try anyway


  • Options
    #10
    freddie
    Registered Users Posts: 131 ✭✭freddie


    by any chance is the house on the western road opposite jury's hotel?


  • Options
    #11
    MicraBoy
    Registered Users Posts: 916 ✭✭✭MicraBoy


    the Small CLaims COurt dont deal with deposits anymore

    Thanks for the info VinnyL, I didn't realise this. You're right though Threshold are the people to help.


  • Advertisement
  • Options
    #12
    Vuk
    Closed Accounts Posts: 150 ✭✭Vuk


    The advice and encouragement is much appreciated, I should have an update soon and with luck, some closure.
    Thanks again!


  • Options
    #13
    beller b
    Closed Accounts Posts: 1,033 ✭✭✭beller b


    Good luck with it Vuk ...some good advice posted here for you to go with ,
    (with the exception of Andys tupponce worth) LOL


  • Options
    #14
    Thomond Pk
    Closed Accounts Posts: 449 ✭✭Thomond Pk


    Does your wife and co-occupiers have a document of possession with the word lease mentioned in the affirmative?

    If the answer is yes; commence an action for tresspass and harrassment.


  • Options
    #15
    googie
    Closed Accounts Posts: 93 ✭✭googie


    It is illegal for the landlord to enter the property without 24 hours notice under normal circumstances but if you do sign a lease stating that the landlord has the right to enter and inspect the property then it is legal for them to do so. You need to be very careful about signing leases. The document should be studied carefully and if they are asking you to give up any of your rights as a tenant then you shouldnt sign.

    Since your wife is a student she could also go to the students union in the college she attends. They deal with this type of situation all the time, especially since students seem to be the people most likely to experience problems like this.

    Your wife is perfectly entitled to her full deposit back once the house is in the same condition it was in when she moved in. Make sure you get it!


  • Options
    #16
    Vuk
    Closed Accounts Posts: 150 ✭✭Vuk


    Well here's the update. There seems to be nothing on the contract that allows the landlord to enter uninvited, except for emergency repairs and such. The agency is now on the tenants side, once it was made known that they had talked with Threshold, they changed their tune pretty quickly.
    The landlord hasn't given any notice of eviction in writing and the situation has calmed down.
    If it was me, I would stick it to the landlord for trespass, leave and take my deposit with me, but all the tenants seem happy with the current situation. So for better or worse they'll stick it out for the remaining 9 months. I hope it's not for the worse, seen as the landlord is a bit of a muppet, who knows. If I was a landlord I'd be worried about who I was letting to, 2 sides to every coin I guess.
    Thanks again!


Advertisement