PRTB dispute - likely outcome

A

agelsfa

Guest
Hi hoping you can help me.
My partner,son and I have been renting a house for 19months. On Tuesday we awoke to find a JCB digging up our garden. Our house is an end of terrace house so has a patch of land at the side, we were told on asking the builders that the landlord is building a house there. Our back garden has been dug up to facilitate pipe work and our front garden is being use to store building materials. The dividing fence between our garden and the garden of the house behind us has also been removed. The landlord is in breach of our right to peaceful and exclusive occupation of the dwelling and also creating a safety risk to ourselvelves and our toddler with the coming and going of heavy machinery and an unfenced site. We contacted the rental agency on Tuesday after first hearing of the work. The agency denied any knowledge of the works and have failed to contact the landlord. Today we lodged a complaint with the PRTB which is being pushed through as an emergency due to the safety aspects( still it will take 6-8weeks). In the meantime we have no choice but to move as we cannot let our son out the door. This is leaving us severely inconvenianced and out of pocket due to having to move. Does anyone know of a possible outcome? Is monetary compensation possible or is does the landlord just get a slap on the wrists? Sorry for the long post, I'm new to this!
 
Yes montetary compensation can be given. Check out the resolution of cases that PRTB posts on their website. In some cases figures of EUR 10,000 have been given for illegal evictions.

Regarding your case in particular, it looks like a clear example of the landlord trying to pull a fast one (even the rental agency doesn't seem to know what's going on). Just make sure you keep receipts of any expenses you have had to make due to the move and I think there is a pretty good chance you will get them back.
 
I'd suggest you contact the Health and Safety Authority, if he is running a site that puts your child at risk. They take this very seriously, there was a child killed in Ballymun a couple of years ago when the builder failed to secure the work area properly, so there's plenty of incentive for them to stop the work until he gets his act together.
 
Yes i would strongly agree with Lollix on that one .Also on monday ask to see a copy of the builders safety statement he should always have this ready for inspection. Take as many photos as possible for evidance your word for it in 6 / 8 weeks wont be good enough . Ask to see a copy of the builders public liability ins.Good luck!
 
The PRTB can,as other posters have pointed out,award damages/compensation and I saw a case recently where a girl in Athenry was awarded 500euro for an illegal conviction.

She appealed and won €10,000.

Health and Safety can bring criminal prosecutions also and they should not be too busy at the moment.
 
Thanks guys I never thought of contacting health and safety. This is all new to me and came as a massive shock. We are really stressed and worried about this situation as our son is at the age where he us likely to shoot off out the door in a flash. The front door cannot be locked from the inside with a key it has a latch thingy that he can turn to unlock it.We are really angry that the agency are not taking our concerns seriously and we have no method of contacting the landlord ourselves. We have been taking photos since the work began. It's good to hear that compensation can be awarded not so much for the money as such but more because that is obviously the only thing that the landlord is concerned with so it will hit him where it hurts so to speak. This is a really terrible situation that we have found ourselves in and having to wait 6-8weeks for a hearing is ridiculous when our son is in danger.We shall be contacting health and safety on Monday morning. Thanks again.
 
jhegarty said:
Could the OP have guards remove the builders from the land (s)he is renting ?
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Guards will just say "it's a civil matter".

This is diabolical behaviour by this 'landlord'. If I wanted to develop a similar site I would either come to an agreement with reuced rent for the existing tenant or I'd seek vacant possesion. Apart from it just being 'bad form' it's really dangerous and could expose the landlord to serious litigation if an accident were to happen.
 
The owner also has to issue a "commencement notice" to the council 28 days before the break ground so contact you council to see if this has happened. If not the enforcement officer can stop them straight away.

Roy
 
Guards might say it is a civil matter but Health and Safety is one of a no. of regulatory bodies which can bring criminal proceedings.
 
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