Closing the door on unfairly intrusive landlords

The gun may be to your head to find somewhere to live but agreeing to a landlord's outlandish demands under pressure could mean…

The gun may be to your head to find somewhere to live but agreeing to a landlord's outlandish demands under pressure could mean signing your rights away.

A reader who prefers not to be named told Apartment Living that she and her boyfriend were given a month's notice to leave their rented accommodation and found it "almost impossible to find anything half decent".

Eventually, with only days to go, they found a suitable two-bed apartment in Phibsboro, Dublin 7, for £1,150 (€1,460) a month.

The landlord told them the previous tenants had trashed the place and had left without paying the last month's rent. To protect himself he would have to charge them two months' deposit and rent, along with a mandatory £150 (€190.50) fee to be taken out of their deposit to cover any costs he might incur repainting or cleaning carpets when they leave.

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"We thought this was odd because the place had not been freshly painted when we moved in and there were very few carpets."

Another requirement was that they pay £10 (€12.70) per person per night for anyone who stays over in the spare bedroom.

"He asked us to notify him if we had anyone staying, which of course we don't.

"He also told us that he or one of his colleagues should be able to call on us at any time without giving us prior notice and that if we were to break the lease, we would have to pay his advertising costs for new tenants."

She says she and her boyfriend were desperate to find a place, and this apartment was ideal as it was large enough to allow him to work from home. They signed the lease agreeing to these terms. "I plan to buy my own place this time next year and our attitude was that it would probably be the last time we'd have to put up with this kind of thing."

The newspaper advertisement for the apartment mentioned "secure underground parking" but when she broached the subject, she was told that it was available - but for a fee. "It appears that this landlord has been badly burned in the past," says Eileen Sheehy, MD of Sherry FitzGerald Sheehy.

"He's not taking any chances. Sometimes when landlords are letting a string of properties and have had bad luck with tenants, it makes then tough."

Going through an agency can safeguard a tenant from this kind of unreasonable behaviour, says Sheehy. "If that landlord were to come to us, we would have to talk to him about the demands and inform him that they are not the norm. They should be able to have non-fee-paying guests staying overnight.

"I can understand why a landlord might charge two months deposit and rent if it was a lovely place with expensive furniture but charging £150 (€190.50) is not the norm and verbal or written notice should be given before a landlord calls to his rented property.

"The lesson is, never let under pressure, whether landlord or tenant." Louise Mullen of Threshold says the drawback of a tenant handing over large sums of money for a deposit and rent in advance is that the amount could exceed that allowed in the Small Claims Court.

"Often what happens is that landlords put the money directly into their own account, rather than creating a separate one and it can be absorbed by their day to day expenditure.

"If the tenant has to sue the landlord and the amount is more than £1,000 (€1,270), their only option is to accept a lesser amount or go to the District Court, which could be more costly." She believes that by asking for £150 (€190.50) out of the deposit, the landlord "is pulling a fast one.

"Obviously, if no damage is done he should be refunding the deposit in full. If it's just a case of remedying wear and tear then it should be done at his expense."

While the £10 (€12.70) a night proviso may be an attempt to protect himself against sub-letting, she says a far more acceptable and usual option is to write that no subletting is allowed into the lease.

"He sounds a bit controlling. He can't just arrive at the door unannounced. They don't have to let him in. It's the law so they have nothing to worry about that. They are entitled to the peaceful enjoyment of their own place."

Asking for advertising costs if the lease is broken, is not unusual. " If it was only that, then I'd say go for it. He could hold on to their deposit if they break the lease.

"My advice would be don't take something regardless of the pressure. We don't get many complaints in like this, it would seem to be more the exception than the rule."

Fintan McNamara of the Irish Property Owners Association, regards this woman's situation as "most unusual. He should realistically expect them to have overnight guests and the request for £150 (€190.50) is unfair. In the case of the two months' rent and deposit, some landlords have had a bad experience renting a lovely house and getting it back in bad condition.

"The £10 (€12.70) per night demand is unenforceable. How is he to know they have people staying unless he stays at the window?"

emorgan@irish-times.ie