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10-04-2019, 20:53   #1
cat23
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Real dodgy estate agent!! Any advice?

Hi can anyone give me any advice? here goes (long story coming ��) Myself and my family were living in a private rented house for just under 4 years, a week before Christmas the estate agent who represents the landlord called me and said the landlord wants to sell and will be serving us with notice, this was a nightmare as the town I live in had nothing available to rent the stress was unimaginable, I then asked for our notice in writing waited 3 or 4 weeks then after calling the agent repeatedly she sent it via email, anyway we were lucky we got a house and moved out March 25th, I had to battle to get the deposit finally I did today, after a lot of being treated terrible by the agent but I won't go into that,I then asked the agent why did I not get a statutory Declaration which I have found out is something I should have got along with the notice, which I was then told wasn't even valid in the first place because I only received it via email, agent has gone mental because I demanded statutory declaration, my reason for demanding it is because I have a strong suspicion the landlord just wanted us out so she can put in new tenants and increase the rent. So agent who is furious at me for demanding the declaration has said she will issue me with another full 90 day notice and the contract will continue on and I will have to pay rent for the house which I am no longer in?? Can she do this??

Last edited by cat23; 10-04-2019 at 21:24. Reason: Word missing
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10-04-2019, 21:15   #2
johnnyskeleton
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So agent who is furious at me for demanding the declaration has said she will issue me with another full 90 day notice and the contract will continue on and I will have to pay rent for the house which I am no longer in?? Can she do this??
No what she said is insane and whats worse, a little bit unprofessional.

I dont know what the whole statutory declaration thing is about but if you think there was no intention to sell and theyve put new tenants in, put in a claim to the RTB. Costs about a tenner or so and you might be able to claim damagss for inconvenience and if you are now paying a higher rent
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10-04-2019, 21:27   #3
cat23
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Thanks yes I thought it was insane alright ha ha, sorry I worded my post wrong, there are no tenants in yet, I have suspicions they wanted us out in order to put new tenants in at a higher rental rate this hasn't happened yet as we are only out 2 and half weeks
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10-04-2019, 22:29   #4
voluntary
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you can send a complain here
http://www.psr.ie/en/psra/pages/inve..._of_complaints
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10-04-2019, 22:32   #5
Wesser
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why did you demand a statutory declaration when you already moved out???!!! seems a bit pedantic?
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10-04-2019, 22:42   #6
cat23
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Hi, I demanded one as I was unaware of the law until recently and I don't want some other family to have to go through what we had to, she is the estate agent and hasn't done one thing by the book, plus the landlord, there is a legal requirement that she is 100% aware of and because she is an estate agent I presumed she would do everything legally.I also want to make sure the landlord actually does put the house on the market and not try to screw the system and some other tenant, I'm only asking for what I should have been given in the first place
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10-04-2019, 22:52   #7
cat23
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Thanks for that, I'll hold out and see if the statutory declaration is provided first, but I am shocked at her total disregard for doing things legally and her lack of professionalism, plus she is down right threatening me in fairness

Last edited by cat23; 10-04-2019 at 22:56.
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11-04-2019, 14:18   #8
Tomw86
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Tell her she can back-date the declaration to the date of the notice - and that is you doing her a favour.

If she provides this, all well and good, but keep an eye on the property and if it goes up for sale then lodge the relevant complaint.
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11-04-2019, 15:26   #9
cat23
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Thanks a mill yes Threshold told me I could do that, they also advised me to lodge a complaint about her as I have documented proof of it all, if the house goes up for sale its fine that's what the landlord "states" she wants to do, it's only if she puts tenants back in before three months is up which I have a feeling is what she was planning on doing hence the reluctance to sign the statutory declaration, I recently found out this was what happened the tenets before myself and my family, and tenants before that, well its going to end at me.
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11-04-2019, 15:37   #10
Catmaniac
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I’m a landlord, and use an agent which is good for both myself and my excellent tenant who gets a quick service when anything goes wrong. Being the law abiding kind, I would be very alarmed at an agent not doing things by the book.
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11-04-2019, 15:48   #11
cat23
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That's you and me both, I've always rented through an agent because of the reasons you've just said, thankfully this is the first dodgy one I've come across
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11-04-2019, 21:17   #12
JJJackal
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That's you and me both, I've always rented through an agent because of the reasons you've just said, thankfully this is the first dodgy one I've come across
If you demand a statutory declaration and claim the notice was not valid (which it probably wasnt), you should still pay the rent i.e. you never got an eviction notice so why did you leave

If LL is really selling house, the EA didnt do the paperwork correctly

If LL is not selling house, its illegal

Tricky situation
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11-04-2019, 21:30   #13
cat23
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Ha ha quite hilarious actually, ea can't do what shes threatening as I have the invalid notice in my email from her email to prove that she did serve us notice and at the time we were unaware it was invalid(it was invalid because notice served via email is not valid) so she would be shooting herself in foot as it proves she didnt do the paperwork legally she also didn't attach the statutory declaration which is also a legal requirement, so technically you could still say we are still under contract but in order for her to do that to us she has to show her illegal wrong doings lol so mad it's funny
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