Tenant's safety - landlord's obligation?

L

Lena5588

Guest
Hello
I hope I am posting this in the correct forum, please move if incorrect.

I live in a rented flat in a house which has been divided into 2 flats. A new tenant moved into the flat on the same floor as mine last week. For a few nights I was awakened by loud noises coming from her flat. I asked her in a polite and friendly manner if she could take care late at night as the sound travels between flats. She became agressive and started banging on my door late at night. Anyway, I complained to the landlord, who had a word with her yesterday.
Yesterday evening she was waiting outside the house for me to come from work, started to verbally abuse me etc. I walked past her as dignified as possible and she started to grab me, slapped me across the face and neck. I finally escaped to my own flat.
I've reported the assault to the gardai. The landlord told me that she is leaving on Thursday, so I am spending the next few nights elsewhere.

Basically I will be so relieved to see her gone and am not interested in a court case. But I wonder if the landlord's response is inadequate. He waw quite sympathetic but said it was a matter for the gardai. If a tenant has been physically assaulted by another tenant surely the assaulter should be asked to leave immediately. I would like to know if anyone knows what the landlord's obligations are in this case. Also if anyone has any other suggestions.

As a matter of interest can a person get an emergency restraining order in cases like this? (though I'm not going down this route). I presume you would need witnesses.

Thanks for reading
 
Thats awful and horrendous behaviour. Are you pressing charges? Have you considered it? What did the gardai say? I really feel for you being afraid in your own home and having to move out until she goes. I agree that she should be asked to move immediately, however given what you experienced maybe the landlord is also intimidated by this person, hence she is being given a few days to sort herself out.

Did you ask the Gardai about the restraining order? I'm sure they would offer some advice in that regard.

I hope you will be ok.
 
http://www.prtb.ie/act.htm

Example of a Letter Required by the PRTB to be Issued by a Landlord to the Tenants in the case of a Complaint by a Third Party of Landlord Failure to enforce the Tenant Obligation not to Engage in Anti-Social Behaviour



To: Tenants of Dwelling at 123 Any Road, Anywhere, Co. Any County

I am directed by the Private Residential Tenancies Board, as your landlord, to serve the following notice on you:

In accordance with section 16(h) of the Residential Tenancies Act 2004 you are obliged not to behave within the above dwelling, or in the vicinity of it, in a way that is anti-social. You are also obliged not to allow other occupiers of, or visitors to, the above dwelling to behave within it, or in its vicinity, in a way that is anti-social.

In accordance with section 17 of the Act "behave in a way that is anti-social" means;
(a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,
(b) engage in behaviour that causes, or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or
(c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation -
(i) by any other person residing in the dwelling concerned, of that dwelling,
(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or
(iii) by any person residing in a dwelling ("neighbourhood dwelling") in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

As landlord of the dwelling I am required by section 15 of the Act to enforce the tenant obligations applying to you. A complaint was referred to the Private Residential Tenancies Board (PRTB) about my failure to enforce your obligation not to engage in anti-social behaviour. The PRTB has determined that I have failed in my duty as landlord to enforce your obligations as tenant and has found that you engaged in the following anti-social behaviour;
- persistent and excessive noise, shouting and disturbance from within and from the vicinity of the above dwelling
- verbal abuse of neighbours involving the use of foul language by the adult and teenage occupants of the above dwelling
- the burning of household waste in the back garden of the above dwelling and failure to deal with household rubbish in an orderly and satisfactory manner.

If this or any other form of anti-social behaviour recurs or is engaged in by you or your visitors or other occupants of the dwelling, take note that I am required to immediately proceed to terminate your tenancy and will accordingly, if such behaviour occurs, serve Notice of Termination on you to terminate your tenancy of the above dwelling.





Signed: __________________________ (Landlord)

Date: ____________________________
Click to expand...
 
I really feel for what you are going through but i also feel you are asking alot of the landlord for something you yourself dont want to go to court for.
He has been sympathetic and the girl is leaving but it is very difficult for a third party other than the law to regulate in circumstnces such as these.
One incorrect move in attempting to evict a problem tenant such as in this case could land the landlord in a heap of trouble from the PRTB, which is an absolute joke and seems to be loaded against the landlord
Again i feel for your situation.
 
Thanks for your replies.
On reflection, after a night away from that environment, I have decided that I am prepared to go to court. I was afraid that when the guards called around to her this would make her angry and vindictive, and even though she's moving out, she knows where I live. My flat is upstairs at the front of the house. After the incident on Monday, she rushed outside and started looking up at my windows. I wouldn't be surprised if she threw a brick through. She seems to have plenty of time on her hands and was waiting for me outside the house on Monday in a stalking manner.

Anyway I'm feeling more confident now. The guard I gave the statement to was so helpful and courteous. He told me that if she came back the law was on my side, I could call the police out. Also he said that a person could be on a suspended sentence, for example, so even if you think nothing will come of it you should always report an assault. They are going to go round and question her.

Originally I just wanted the whole situation to go away but now realise that I have to make that stand. So we'll see what happens. I'm less afraid now and ready to take this as far as necessary.

Thanks for the prtb link, I knew there was some obligation on the landlord. I understand it can be hard for landlords to evict difficult tenants and I think my landlord was on the receiving end of some verbal abuse from her, so I guess he was relieved when she said she was leaving on Thursday. I can see there's not much else he can do, he probably doesn't want to rock the boat and would probably refund my rent for the days I'm away if I asked him.

I didn't ask the gardai about a restraining order, but I understand that you need to go to a solicitor and apply to the courts. Hopefully this won't be necessary.
 
this person who lashed out at you sounds like a "nutter". may sound extreme but i would consider moving flats too.
 
Just to update.
She moved out on Thursday , I moved back on Friday and there's been no incidents since. Landlord has assured me she hasn't got any keys. I think if she was going to do anything she would have done it by now.
Thanks for the advice Lorna, but it's a nice flat, reasonable rent, convenient, "good" area etc and I feel a lot safer knowing she's gone.
 
You must log in or register to reply here.
Back
Top