Dear Claudine,

I entered into a Lease with my Landlord for a period of six months. I moved into the house approximately two months ago with my partner and our daughter. I have made numerous complaints to the Landlord over the last four weeks as there is something wrong with the boiler and we have had no access to hot water. Two days ago, we returned home and the Landlord was in the house and had started packing our belongings. He refused to allow us entry and proceeded to throw our clothes and personal belongings into the Garden. Needless to say, we were extremely distressed and embarrassed by his behaviour. Eventually he allowed us access but on the condition that we leave the property after 28 days. We have paid our rent in full from the beginning and there are no arrears. We are extremely distressed and cannot believe that the Landlord can treat us in this manner. I would greatly appreciate if you could advise me of any action I may take against this Landlord.

Thank you

Fiona

Dear Fiona,

Thank you very much for your e-mail. I can only imagine how distressing this experience has been for you and your family. Fortunately, however, such behaviour by a Landlord is specifically prohibited under the Residential Tenancies Act, 2004. The Act deems that an illegal eviction occurs where a Landlord through force, intimidation or otherwise (such as cutting off utilities, changing the locks, etc.) denies a Tenant from accessing a rented dwelling or removes a Tenants belongings from the dwelling even where a valid Notice of Termination has been served in respect of the Tenancy. Section 58 of the Residential Tenancies Act, 2004, provides that since the 1st September 2004, a Tenancy may not be terminated by a Landlord by means of Notice of Forfeiture, a Re-entry or any other process or procedure not provided for under Part 5 of the Act. Termination of a Tenancy requires the service of a valid Notice of Termination given the appropriate amount of Notice. In your case, as your Tenancy has lasted for less than six months, you were entitled to 28 days Notice. Your Landlord has acted unlawfully and he is specifically prohibited from taking the law into his own hands. You may make an Application to the Private Residential Tenancies Board (PRTB) and the Board will give your case priority where an illegal eviction or attempted eviction has occurred. There are procedures in the Residential Tenancies Act which allow the PRTB to apply to the Circuit Court for an Interim of Interlocutory Injunction restraining the Landlord from evicting a Tenant and re-instating the Tenant pending the Boards determination of the dispute. Due to this Landlords serious misconduct, the Board may also make a determination that you are entitled to compensation for your mistreatment. The verbal notification and condition upon which you were allowed back into your house will also be deemed to be invalid and you are under no obligation to vacate the property once the 28 days have expired. I would recommend that you consult a Solicitor to make an Application on your behalf.

I hope that the above is helpful to you.

Claudine