LANDLORDS BEWARE

We have acted for many years for non-nationals, who wish to reside in Ireland. I am happy  to say that our immigration solicitors have developed an excellent reputation and we are now in a position whereby many of the clients who are allowed to remain in Ireland have now moved on and they are coming to us for advice in relation to other areas. One particular area in which our non-national clients are having difficulties is an area that applies to everybody and that relates to tenancies.

Over the past three or four weeks, we have opened approximately two new files per week in relation to clients and sometimes families, who are being harassed and intimidated by landlords.

The common theme is that the landlord demands that the tenants simply leave the property. The tenant refuses and a landlord then serves an invalid notice to quit stating that they have to leave the property within a number of days. Another common feature is that the landlord will often come round to the house and use his own key to gain entry and try to “persuade” the tenants to leave. They tend to say that they will be back at the weekend and they will change locks or take other action to force the tenants to leave. 

All of these actions are illegal. We have acted for clients who have received substantial awards from the Private Rented Tenancies Board. The procedure for terminating a lease is very clearly set out in the Private Rented Tenancies Act and the Board take it very seriously when a landlord is seen to be acting vigilante-style outside the parameters of the Act and in many cases will award substantial damages for trespass and/or breach of contract.

If a tenant is being harassed or intimidated in this manner or if an effort is being made to evict the tenant illegally, then the tenant has an immediate remedy with the PRTB and if an immediate threat of eviction is made, an application to court can be made seeking an injunction to prevent the landlord from carrying out an illegal eviction. 

So the moral of the story is that if you are a landlord this does not mean that you are entitled to act above the law.

Kevin Brophy,
Brophy Solcitors