Somebody up there likes me.
There I was, trundling along, bemoaning the fact that art is born of struggle and the only thing I'm struggling into these days is my jeans, when the agency managing the property we're renting has a hissy fit and decides to evict us.
Perhaps evict is too strong a word. Maybe the term be-threatening-and-rude-on-the-phone-and-
impose-unagreed-upon-conditions-to-the-tenancy is more appropriate. Apparently the dogs, who were written into our original contract, have pooed, and the agency had no idea dogs did so. Although the mess is cleaned up every day, the agency claims it's causing environmental problems. Bluebottles and such.
"The Environmental Protection Agency have gotten involved," snarled the strange rep who phoned us today (our original agent was apparently avoiding us).
Wondering how the EPA gained access to the dogs' yard without knocking at our door first, I frowned and asked if Yer Man could fax me the site report.
"No I won't fax you the site report!" barked the agent, omitting to explain why. I know why, though. It's because he doesn't have one.
Basically, this agent guy whom we've never met and hasn't been to our house reckons the yard is not big enough for the dogs... the same dogs who are exercised every evening and are in the rudest of health. He went on to say that he had nothing against us, but the dogs had to go.
"There have been a number of complaints" he sniffed, but refused to be more specific than that. He said then that there was a bucket of dog poo in the garden... and here I agree. There is. It was very recently filled with water and a Council-recommended enzyme which we'd hoped would break down the mess in an environmentally friendly way. It's by the back wall, put up high and out of the reach of the dogs. No one else can get at it either. The house doesn't back onto anyone else's, so it's difficult to see who would have complained. Apart from our very elderly English neighbour, who keeps forgetting who we are even though Swe.Ge has a habit of helping him with his shopping.
"You have been warned about this before," Yer Man went on to say, lying through his teeth to the only people who could spot it. The last time we were in contact with the agency was earlier this week, when we asked them to find a plumber for the leaky rad as the carpet was wet and smelly. Before that was when the dishwasher broke.
So. Get rid of the dogs (who are always kept under control, whom we've had since they were pups, who are MiniMe's pets), or remove ourselves from the property within the month. Nice thing to say to a family who keep the house in an immaculate condition despite the leaking rads, the leaking taps, the moth infestation and the sticking windows... and especially thoughtful, I think, coming the week before the 5-year-old daughter starts Senior Infants.
Seeing as my sister knows the original agent, Yer Man who phoned today claimed that we were allowed rent the house as "a favour to a friend". I pointed out that I didn't know the owner of the house - y'know, the person from whom I'm renting the fucking thing. And being charged €950 a month for a place whose back door lock broke before we moved in and wasn't fixed since hardly sounds like a favour to me... In the same way that some grown man shouting and sneering down the phone to a woman he's never met and who had the courtesy to speak calmly to him hardly sounds like a professional. When I asked if he could put everything in writing, he said the only thing he'd write down for me was the notice to quit.
So, y'know. More struggle for me. More drama. Just in case my arty edge was being massaged away by security and happiness. I told you, someone up there likes me. They mightn't like MiniMe, but it's not like she matters, is it? She's amongst a population who have always been beholden to landlords, and part of a nation who favours them still.
Legal advice would be welcome, if any of you would like to email me.
Friday, August 24, 2007
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30 comments:
I'd reckon if this guy isn't prepared to put anything in writing, or to back up any of his assertions with some concrete proof, you are entitled to tell him to go fuck himself.
No legal expert unfortunately but you have my best wishes in dealing with this tool
Set the dogs on him
What an annoying dipstick.
If only they were those kind of dogs, Sneezey...
Make a detailed log of your conversation, things he has said in it, date it and sign it. Just in case you need it at a later stage.
They haven't given you anything in writing, therefore they have no grounds to say that they've given you any notice.
They have no grounds to remove you from the property, they have not given you notice. The dogs are covered in the contract, and thusfar unless there's info we're missing here, you've not breached any other item in the lease agreement.
They have not given you notice in writing that you've breached anything in the lease. They have not provided any evidence. In other words, despite you making a note of it, the conversation may as well not have existed.
They will not be able to evict you without going through the sheriff, and the sheriff will not come into play unless you've been through due process - i.e. the Private Residential Tenancies Board, who last time I checked were about 7 months behind on cases.
Whoever this gobshite who called you up is, he doesn't have a leg to stand on. You've done nothing wrong, and there are no grounds for termination of the lease. The phone call you received constitutes harassment.
Best advice is to read the Residential Tenancies Act 2004 and make sure you're armed with information. There's also good info on http://www.prtb.ie
The PRTB are a bit on the weak side, legally speaking they are the only way to deal with any residential tenancy related dispute, and they're often overloaded with cases. Works against you if you have a case where a landlord won't give back your deposit. Works for you if a landlord is trying to illegally evict you.
Don't sweat it, you ain't going nowhere.
Just give me a name and point me in that fucker's direction.I have a filipino dwarf with a baseball bat and a ferret on retainer for jobs like this.
Then again you could follow Anonymous' advice.He/She is my new hero.
Do the bully for harrassment and consider the rest of it grist to your mill.
Sounds to me that they just want the house back (probably found someone who will pay more rent) and are trying to come up with a reason to get you to leave.
I'd go talk to the Citizens Information Board or Threshold, who will help you understand your rights.
I'd also try getting hold of the original agent.
http://www.citizensinformationboard.ie/
http://www.threshold.ie/
Oh man, I'm no legal thingymajig either but I'm pretty sure you can't be evicted for one complaint.
Good luck.
Jesus Sweary, that is shit. Typical of landlords in this country. I would bring your lease contract to the Citizens Advice Bureau. As far as I know if you have done nothing to break your lease-and the dogs are covered in it- they canot just serve you notice for no good reason. If the dogs are secure and are not barking a lot or causing problems then I don't see the cause. And it's clearly soley about the dogs, or he wouldn't offer you the 'either the dogs go or you go,' line.
They don't like it, well too bad, a lease is a legal agreement, draw up to protect both parties, if the dogs are on the original lease they cannot just change their minds and demand removal.
Anon is spot on. Ring the PRTB, did your landlord get you to register with them? They are legally obliged to. You have a good case here and as anon said little to worry about. However the thing I would be most worried about it them ringing the DSPCA or Corks equivalent. First and foremost do not leave buckets of Dog shit around your back yard apart from the smell, I pose a legitimate health treat to your child, put in a bag and bin it. It is near impossible to evict someone these days, I know as I have two houses that I let and have been down this ugly road before. They have to serve you with 4 weeks written notice, highlighting the Residential Tenancies Act 2004. If you refuse to leave they have to issue you a further 6 weeks, then they can apply for an emergency injection from the courts. If you are not registered with the PRTS they would have to take a civil case against you, there is a 12-month backlog at present. Be on the ball here pal and address it before it gets out of control, ring the agency back and tell them the following
- You have reported them for not registering you with the PRTB. (If not registered). Ring them, and then send a letter.
- Have you got a rent book? (If not tell them you also informed the PRTB)
- Most important tell them that they are no only in breach of the original contract which legally binding agreement they are also in breach of the Residential Tenancies Act 2004.
- They failed to carry out vital repairs within a reasonable timeframe
- That you feel you are being victimised
Finally tell them that this very morning you sought legal advice and you have instructed them to issue a solicitors letter as you plain to take a civil case, tell them you are seeking compensation for the undue stress and incontinence. A solicitors letter is only 25 euro. And when they get that my dear you will never hear from them again.
sorry didn't realise that post was so long
I just spell checked and didn't look
The power of Art swears, to the rescue, or at least laying down the correct strategic path. If they haven't registered with the PRTB, you are gonna know right away int yer, by the waffle and bullshit?
Then you have the leverage, and as for that elderly english git, get the jungle drum and bass-mix of the wolfetones on the go
"armoured cars and vans and scum came to take away our dogs, but every wan must slag these shites, the men behind the lying.
In the little streets of roys home, in the dark of early dawn, tithead Cark men tried to tell us, no we cannot keep our dogs..
See the face of minime see, see her dressed up in her rig, of a schoolkid, first time learner watching mommie bate them bhouys, wiv her gob and gift for verbal art..
This blog bestows power on you sweary. As a first step you know what to do, and if the cnuts wanna play hardball, you have the strongest hand, truth, right, a voice and fans to roar along in support.
They might think yer just a gobby kid, but i guarantee, the one thing to make them back off, apart from the fact they haven't got a legal leg to win the arse kicking competition, is the public heat they will get if they push you to the lengths i am guessing you are capable of going to.
Remember the other post that nearly had you going public thermo nuclear. That was you in the raw and very impressive. If you go down, you are going loud and kicking, defiant, and telling the foe to fuck right off, making sure they go down too..
This time i am going to be a stalwart supporter, as it's easy to be brave 200 miles away in print.
Seriously though, my blog and writing is the same, you have a voice and people who will help, and the best way of beating them cute cork gits, is creatively.
Imagine the know all tossers who think they have you sussed, all of a sudden finding out that you are one of the most popular emerging voices on the island, and the most gifted satirist?
That will out fox them pretend rebels, coz Art is ultimately truth, and as long as you are honest in print, you cannot be beaten.
That is what i'm finding now, the reader wants honesty, it is that simple, and when you are in the right and someone else in the wrong, they are the ones having to deal with the psychological bullshit of handling, what used to be called guilt in the aul days, before this thug money wanker mentality of everyones a millionaire and they who rent scumbags.
Sicko logic, you paying their mortgage and them trying to treat you like a slave..
Take the advice from annon and we will all rally round, organise the campaign as the drama plays out.
You just keep doing what you are doing and the most craziest of good will come.
Imagine the papers picking it up. Top blogger making her Art work for her. Once your life becomes the art, that's you real.
And i noticed that since you started work, your posts have taken time to find their feet, which is natural, you can't be 100% brilliant all the time, even someone like you who is 90% always bang on. But the last few posts have been you getting back into the zone as you get used to the new regime...
This battle will be won, don't get disheartened and keep your troops informed of what's going on, in public. Once we lose the fear of "i can't tell them that" and see that, "hold on, the reader loves all this, and it works in reality" as in once you are totally honest, and not embarrassed, you are home and dry..
Keep records of all conversations. If you can, record them. Even if its just on an Mp3 held to the speaker..follow annon..good luck..
I can't add anything else to all the good advice other than to repeat that if they haven't put anything in writing, there's no case against you. Pencil pushers who mean business put everything in writing. He's trying to scare you off the property, but stand strong, Sweary.
Some people have had better advice than me, but it doesnt appear they have a leg to stand on other than trying to intimidate you.
being a family it is even harder for them to just turf you out, they can't.
But it sounds sh*t! Tossers!
Oh just shoot the fucking dogs and stop whinging
Well aren't you subversive today?
old kidding, but I don't know fuck all about law
This makes me mad. Give em fucking hell, Sweary. Make em rue the day they messed with the Swearies. Seriously, really fuck em over if you can and good luck. What bastards.
Thanks for all that, peoples.
All duly noted and appreciated. We've actually found a much better house, though, so we'll probably move anyway. I know they don't have a leg to stand on, but who'd want to give them another month's rent?
dirty rotten sons of bitches...
Well, if you're not going to stick it to them verbally/legally, why not just put their name on the blog so we can all know what a pack of cunts they are? It's amazing how quickly a bad reputation can develop and they won't want that.
Sweary,I would only move if its convenient for you. I would not let anybody bully or harass you out of a legally binding contract. The law is entirely in your favour. One thing is to check that the dogs are licenced and that no neighbour has reported them (have the boys in blue been to visit you to discuss your dogs?)
After that if the agency phone you again, mention to them that you want them to call out in person to discuss and that you need to know in advance when this will be because you want a solicitor present. This should ensure that they will never bother you again.
Finally if you do decide to move it would be useful to have the name and details on agency and house posted somewhere to ensure they do not get to victimise anybody else.
that sucks Sweary!
But if you are gonna move anyway.. be sure to stash the poo-bucket somewhere they won't find it for a while!! :D
...could I suggest you drop the poo in the agent's letterbox for a couple of weeks...
I hope it's not the effect of my evil box.
Yerragh balls.
I'm going to see how it goes with them, and maybe I'll put the name up. Don't want to get myself in hot water if we have to pursue it legally.
The guy is a bullshitter. Tell him to fuck off. The PRTB is good for decent tenants like you.
Unfortunately, it's bad for decent landlords like my friend who can't get rid of drug-dealing skobies because of their "rights".
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