PRTB - Do We Have A Case?

Kintarō Hattori

Hi Folks,

Myself and the girlfriend recently moved from a rented apartment due to noise issues from the apartments above. We had been there about 20 months and it was great but had in the last few months started to get very noisey.
We went looking for a few places with the main point being that we wanted somewhere that would be quiet. We had a look around and saw a few places but nothing promising. We saw that several cottages were available at Kirwan Street Cottages in Stoneybatter. We went along, had a look but ruled them out as we could hear the people in the next cottage through the walls. The letting agent mentioned another house they had on the books in stoneybatter and we arranged a time to go and see it.

The place seemed ideal. It was a small detached two story house with double glazing that was set about 30-40 metres away from the road down a cul-de-sac. We viewed the place and liked what we saw. The noise from the road was barely audible and it seemed like a really cool place. We stressed that we were looking for somewhere quiet (which was why we ruled out kirwan street) and she assured us that this house was quiet, after all why would it be?

We signed the lease on Wed 28th of January and moved in on Friday 30th. After spending our first night there we knew it was a bad move. The noise from the road was very audible and almost seemed like it was outside the door. The letting agent neglected to mention that one of the houses near us is let by students and we were woken up by them on the saturday night at 4am. We also weren't told that our neighbour opposite is a taxi driver, so he comes and goes at all hours of the night.

I went to the letting agent on the monday after we moved in and even before I had finished my first sentance they told me that 'legally our hands are free as you signed the lease. If you want to get out of your lease you'll need to take it up with the landlord'. I mentioned that we stated that we had been looking for somewhere quiet, the other letting agent remembered us yammering on about this but we again were told we'd need to take it up with the landlord.

I rang the landlord (a very sizeable construction company) and was told by a lady that he was away for the week. I mentioned that we could try and source someone for the house and she stated that she didn't see this as a problem but that it would need the ok of the landlord. A week passed by and I rang again on monday. I got through to the same lady who seemed irked that I was ringing again as she thought it had been sorted out. I reminded her that we were waiting to hear from the landlord on the issue. She said she'd ring when she had word but another week has passed by and nothing.

I really feel we were 'mis-sold' the property. We very specifcally asked for somewhere that was quiet and at night time this place just isn't. While the landlord isn't really to blame I feel the letting agent is at fault. We really don't want to stay here for another 12 months as it's hard to get a good nights sleep.

It's noisey and the bedroom floor slopes from the corner meaning you're not level in the bed. The window in the living room has a huge gap where it meets the frame and is letting hot air out. There appear to be damp patches all over the shower room. The kitchen and toilet are impossible to heat as they are in what seems to be a rather shoddy extension. Unfortunately none of this was apparent when we viewed the place as it was being renovated for the next tenant (us as it happens).

Worst though as I've mentioned is the noise. We asked for somewhere quiet and this just isn't it. Is it worth our while raising a case with the PRTB. I've never done something like this before and have never heard about any cases, what are our chances of a successful outcome in our favour?

Thoie

'Fraid I can't really help your query, but one thing to bear in mind is that the letting agent doesn't necessarily know what the place is like at night, or who else lives around the place. From my own experience you'll get used to the traffic noise in no time, but the other noises are less than ideal.

sorella

YOu have another thread on this?

Please, call Threshold; they will advise re a case with PTRB. And re all the other matters.

http://www.threshold.ie/

And if it comes to a case/Tribunal with PTRB, they can also be your advocate there.

We left a place over this last year; it is still advertised as "very peaceful" when in fact a major trunk road is a field away. Uphill with lorries day and night.

We never got used to it and after months of disturbed sleep and noisy days, left.

Threshold will advise better than anyone here can.

And it is not your responsibilty to find new tenants.

The house we left is still empty; we had our deposit back with no problems also.

Kintarō Hattori

Hmnnn I got a call from a lady in the letting agency I've not spoken too before. She said she'd relist the property and see if they had any success that way.

About 30 mins later I got a call from the woman who I'd spoken to before and who represents the landlord. She said he's not willing for us to break the lease and let us go.

sorella

Please; call Threshold; these people are taking you for foolish.

There are strict laws now in Ireland to protect tenants from this kind of thing. This all becale law in 2005 and some agents and landlords do not know this.

Up to you though.....

Kintarō Hattori wrote: »

Hmnnn I got a call from a lady in the letting agency I've not spoken too before. She said she'd relist the property and see if they had any success that way.

About 30 mins later I got a call from the woman who I'd spoken to before and who represents the landlord. She said he's not willing for us to break the lease and let us go.

eth0_

How is the landlord/letting agent expected to know if there are students living opposite and I don't see how a taxi driver arriving home in the middle of the night could be such a problem - does he have a massive sound system in his taxi or something?

Re: problems with the bedroom floor not being level, damp etc - why didn't you go back to inspect the house prior to signing the lease? I find it very strange that you wouldn't have done this.

Also, it is always advisable to check out an area at night to see if there are undesirables/students holding parties etc before deciding to rent a property.

I'm not being personal here but IMO you haven't a leg to stand on, you didn't do your research and you don't seem willing to allow the landlord to fix the problems you have with the house..

SoupyNorman

I have empathy for you OP, Renting is a nightmare in this country.

Firstly, letting agents dont listen to you. Unless is says in the lease that it is quiet area (which would never be the case) you would'nt have a case really. Once you put pen to paper its a sealed deal.


The unfortunate thing in my experience is that its takes a few days to a week or to to find out everything thats wrong. Viewings are always so fleeting that you can never get a full picture of what you're letting yourself in for. Me and the GF moved into a new apartment 5 months ago and although we dont have noise problems from neighbors thank god the is some undesirable elements we only found out by living there.


The most important thing is that you have a comfortable place to live or you'll just be one large stress ball. If the extreme outcome is that you must forfeit your deposit then take it as a lesson learned. Also, I don't know your reasons for choosing a house but apartments are much more suitable for couples, we rent new apartments only...they are extremely warm and energy efficient and as far as I see on DAFT the same price.




In regards to a case with the PRTB, You would probably have a case if the house is in disrepair but you have not even spoke to the Landlord yet so he may dicky up the house on your request but on the whole it does not seem like any aspect of the lease has been broken by the Landlord to so thats the long answer, the short answer is no, I dont think you have a case....YET.



By the way, is your Landlord registered with the PRTB? The mear sound of them may scare him into action if mentioned and he's not registered (it worked with our last Landlord )

Kintarō Hattori

eth0_ wrote: »

How is the landlord/letting agent expected to know if there are students living opposite and I don't see how a taxi driver arriving home in the middle of the night could be such a problem - does he have a massive sound system in his taxi or something?

Re: problems with the bedroom floor not being level, damp etc - why didn't you go back to inspect the house prior to signing the lease? I find it very strange that you wouldn't have done this.

Also, it is always advisable to check out an area at night to see if there are undesirables/students holding parties etc before deciding to rent a property.

I'm not being personal here but IMO you haven't a leg to stand on, you didn't do your research and you don't seem willing to allow the landlord to fix the problems you have with the house..

The landlord's handy man was able to tell me about the students and the taxi driver. It's an old part of town and the streets are narrow. The houses opposite are less than 15 feet away from our front door. The taxi driver has an MPV and at night it's a noisy beast, especially when it drives over a manhole cover.
I couldn't have made it any clearer to the letting agent that our No:1 requirement was for somewhere quiet. By all accounts this house seemed to fit the bill. They as I were surprised that it was so noisey.

I have phoned the handyman and asked him to come fix the problems with the place............. it still hasn't happened. What am I supposed to do, drag him by the ears?

The place was being renovated when we were viewing it and the problems weren't exactly obvious. I don't examine every potential place with a fine tooth comb.