# Landlord won't take responsibility for tenants



## F-13 (2 Nov 2006)

The elderly owner of the semi-detached next door moved into a nursing home last year due to ailing health. Her son-in-law took over handling all her affairs and rented the premises to foreign nationals.

It’s been a nightmare for the past year. Parties until 4 am, and noisy activity other nights as various ones come in and out from shift work, ear-splitting music during the day which can be heard all over my house, hoards of people in an out all the time. You get the idea.

Unfortunately we’re the only semi-detached on the road (there 35 years with no problems with neighbours until now), so other people aren’t really affected though they have mentioned hearing disturbances.

Originally, I tried to talk to the tenants, but they ignored me. I then tried the son-in-law, but he wouldn’t speak to me and told me to get lost.

A daughter of the owner (who won’t get involved) told me he just wants to make money to cover the costs of the nursing home, without any responsibility and that the tenants will be put out and the house sold straightway if/when the owner passes.

This part seems to make sense, as when I contacted the PRTB, the house wasn’t registered as a rented property. They sent out a few letters and almost a year later, it was registered. They won’t tell me who the landlord is, unless I make a request in writing for them to review. The online register hasn’t been updated since February 2006!

Aside from that, I’ve tried every other proper avenue including the Gardai and council. I’ve even contacted local politicians.

To cap things off, the house is still in the original owner’s name, and the tenants are most likely benefiting from free TV licence/electricity as she is a pensioner.

I received a letter from the son-in-law’s solicitor last week which stated that any issue is an issue between the tenants and myself and not to involve him.

But surely as the owner’s representative, he is responsible?


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## redo (2 Nov 2006)

Get in touch with the revenue.  They will be delighted with your call.


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## dad (2 Nov 2006)

It will cost you 25 euro to lodge a dispute resolution with the PRTB. check out their site www.prtb.ie as their is a section in it dealing with this issue.

What condition is the house in ? The landlord is responsible to keep the house in order. Think its the housing regulations act 1992. You could contact the housing authority also.


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## F-13 (3 Nov 2006)

Redo, I'll give that a shot. I did initially contact the revenue a month after the tenants moved in, and they said they'd keep an eye on things. But of course, I gave the landlord's representative's name at the time, when in reality I should have given the owner's name.

Dad, I've been back and forth with PRTB for a while now. I had thought about lodging a dispute resolution, but I gave up taking now details of times/dates etc. when it turned into an everyday occurance! But it wouldn't do any harm.

The house is liveable, but nothing has been done with it for a year, bar the lawn being cut a couple of times. It looks fairly run down too with rubbish blowing in and lines of vodka bottles on display in one of the bedroom windows (!)

Thank you both, for your help.


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## dodo (3 Nov 2006)

Keep ringing the garda, this is un socialable behaviour ,noise pollution etc, talk to your local TD,  also after one of these partys they will be in bed of day with hang overs, you should go out for the day leaving the TV and the radio up full volume childish I know but hey what can you do,


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## F-13 (4 Nov 2006)

Dodo, the gardai won't come out anymore unfortunately, they tell me to ring the council (which i have done; they sent a letter out). Talked to a few of the TDs who redirected me to the council again (!) although one seems to have noise pollution on his agenda, so I'll try him again.
I don't know how they manage it, but they're up at 10 am after the parties making more noise. I did try turning up the stereo once, but really there was no benefit for it, and it just made me more annoyed.

I will persevere, though!


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## ClubMan (4 Nov 2006)

F-13 said:


> To cap things off, the house is still in the original owner’s name, and the tenants are most likely benefiting from free TV licence/electricity as she is a pensioner.


Just curious - how do you know this?


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## F-13 (5 Nov 2006)

Clubman, I rang the TV Licence board and asked if next door's address was still registered in the original owner's name. They confirmed that it is (after asking what business it was of mine).

I don't know for sure about the free licence, etc. but he was a pensioner so it seems likely.


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## extopia (6 Nov 2006)

Either way it's irrelevant, as is your point about the neighbours being foreign nationals.

You can ask for help from the Gardai and the Litter Warden, etc, but the only real way, in my experience, to deal with this kind of problem is to appeal to the landlord directly. Go back to the daughter, who seems to be sort of cooperative, and try getting his mobile number from her (rather than all that running around with the PTRB). You can then pass this on to the authorities. It's amazing what a friendly call from the powers that be can do to encourage cooperation in some landlords.


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## Dundhoone (7 Nov 2006)

Its a nightmare scenario alright.

That guys solicitor doesnt know much about Tenancy Law, that or they were just trying to scare you off. The landlord is responsible for his tenants.  Presumably if the landlord in this case is registered as the elderly person who is now in care, that duty passes to their legal guardian?  Time to start chasing the son in laws wife (I dont mean that the way it sounds!  )

"If the landlord does not enforce the tenant’s obligations, any other person who is adversely affected as a result can bring a complaint to the Private Residential Tenancies Board (PTRB) about the failure. Prohibited anti-social behaviour includes behaviour that interferes with other people’s peaceful occupation as well as more serious behaviour that causes fear, danger, injury, damage or loss.


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## Shan (29 Nov 2006)

F-13,

write to the tenants landlord to tell him that you are asekking legal representation on this matter. Tell him that unless this matter is resolved within 1 week , you will sue him for loss of earnings due to your dxifficulty in getting up for work int eh mornings due to noise disturbance...you can take him tot eh small claims court at only a very small cost to yourself (think it's about 10 euro). Check it our in your local district court. That might make him comply. Also quote the legal spiel that Dundhoone has given you. The tenants are his responsibility. There is no doubt about that. Also write to the tenants so that you have covered yourself if you go to court. Make sure you register both letters and keep a copy of the letters and the receipt of registration. If the landlord doesn't comply at this stage -take him to court. That's the only way to get thfing resolved. I'm surprised that your council didn't do anything for you re. noise pollution after 10 p.m ?


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## Oilean Beag (29 Nov 2006)

The small cliams court is only for consumers who bought faulty products/ received shoddy services. Not an avenue for civil dispute resolution...


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## Shan (29 Nov 2006)

Thats why I never did law in college 

Then I guess it's time to get a solicitor. I still think that F13 needs to put everything in writing so he/she can demonstrate that they have tried every avenue.


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## Badger (29 Nov 2006)

There was a good article in last Sundays (26/11) Business Post. Gave advice as to the various avenues you can take in relation to noise pollution.


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## auto320 (29 Nov 2006)

The way I see this one, you have two options that might give you a chance at a resolution other than litigation (which may not resolve the problem).

1. Try to speak to the landlord, ideally get someone who is known to him and to you to mediate. Appealing to someone's better side can work if he is the reasonable type.

2. You mentioned that the tenants were from another country, shades of Paddy in England giving the houseproud neighbours grief -- how the wheel turns! If there is a support group in your community for the particular ethnic group, try appealing to them for advice on the problem. It may well be the case that the tenants feel alienated within the community; mabe if they were made more welcome it might be easier to ask them to behave. Most people have a basic sense of decency, and you need to get to them at a human level. Turning up the stereo is childish and won't achieve anything.


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## smurf (1 Dec 2006)

I had similar problems and i would suggest that  you try to get the  landlords  contct details home phone & mob and  when you are disturbed at nighttime continue to ring the  Garda, so a log of the events are kept, if local gardai are trying to put you off escalate this to superintendent level.  Then ring your landlord at the same hour you are disturbed so he is similarily disturbed including his house & mob or if close by go around to his house.  


Additional contact environmental health in local Health Service Executive and indicate the risk of pests, vermin  and public health risk  associated with lack of rubbish collection.  


Finally this can be dealth with in the district court ask teh court clerk ... continue to gather evidence as the landlord can be forced to appear.   

I see this in teh context of hassle currently you are receiving greater hassle while the landlord has the benefits (rent) .... your strategy is to escalate until the hassle factors increase for  the landlord so  they take action  ... so when you are up at three due to his lack of tenant managament so should he .............. 

best of luck


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## MandaC (1 Dec 2006)

We had problems with renters two doors up, and every time they acted up, I got the landlords number and phoned him(he was living with his sister in a nearby estate)

He eventually got fed up with me phoning there, so told me to phone the Gardai if they acted up late at night. I said no, I am going to keep calling you, so you call the Gardai if you want to. He eventually got rid of them after their year was up, I think they wrecked the house on him too. Had the other neighbours phoning him too, so about five of us used to scourge him anytime we were woken up. Worked a treat.


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## Brianp (1 Dec 2006)

MandaC said:


> We had problems with renters two doors up, and every time they acted up, I got the landlords number and phoned him(he was living with his sister in a nearby estate)
> 
> He eventually got fed up with me phoning there, so told me to phone the Gardai if they acted up late at night. I said no, I am going to keep calling you, so you call the Gardai if you want to. He eventually got rid of them after their year was up, I think they wrecked the house on him too. Had the other neighbours phoning him too, so about five of us used to scourge him anytime we were woken up. Worked a treat.


 
same experience .... did the same and worked a treat!


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## Dynamo (2 Dec 2006)

My answer to all of this is buy a camcorder + cctv head, outdoor mic set etc. And where you have the time carry out surveillance. LEt yourself be seen filming them. When you feel you have enough evidence, then head down to your local gardai and hopefully they will be bothered enough to press charges.....

I done this on some gouriers around my place, and I didnt even need to go to the gardai...They were so worried about what I was doing, by catching them on camera that they stopped coming around. The same might happen for you.


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## F-13 (5 Dec 2006)

Thanks a lot for the advice and details of your own experiences.

I’ve tried my best to talk things through with the landlord, but that’s a lost cause. He’s the least reasonable person I’ve ever encountered. Without bringing up details, he’s caused a rift in the owner’s family over the renting of the house.

I have no problem with the nationality of the tenants, always said “hello” and tried to explain about how the noise was impacting us, and if a compromise could be reached. They did call once and say that they were having a party one night from 7pm until midnight, and we said that was okay. Only problem was that the party ended around 4:30 am, started again at 10 am the next morning and went on until 7 pm that day.

I have been on to the Gardai each time there’s noise , but they basically say “what do you want us to do about it?” and have stopped coming out. I did ask if I could get a record of the logged calls and was informed that “sometimes calls are logged, it depends who’s on”. Great.

Tried phoning the landlord at 3 am too, but he has started to take the phone off the hook and turn off the mobile at night.

There was incident recently that didn’t help matters, but then again maybe it helped things get to a head. A pane of glass on their door broke when I was knocking on it to ask them to turn loud music down. Of course, the Gardai showed up on my doorstep but agreed it was an accident. I did receive a nasty solicitor’s letter with a bill which I paid.

I also sent them a solicitor’s letter in return which was fairly stiff and threatened legal action if the trouble doesn’t cease. It did for a while, but I think it’s because the main culprits were away for a few weeks. Things kicked off again last night, so enough is enough.

I finally heard from the PTRB who said I have a case, and they’ve just sent me the necessary forms to submit.

Videoing the antics is a good idea too. The solicitor mentioned something about it being an “invasion of their privacy” but to be honest, that’s the least of my concerns at this stage.


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## Decani (6 Dec 2006)

It would be good to have a Garda call up and witness the antics. They don't need to do anything, just witness. You can then call on them as a professional witness should the need arise.


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