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Repairs in a rented property

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  • 25-02-2009 10:46pm
    #1
    Registered Users Posts: 4


    Hi there! I hope someone can help me, I have a broken tap in my apartment and my landlord (agency) told me I have to fix it on my own cost. They call up one of the clauses in the contract:

    "The tenant agrees to keep the interior of the premises including the glass in the windows all locks sash-cords electric gas and other fittings and installations and all additions thereto and all drains sanitary fittings appliances and pipes in good and tenantable repair order and condition (damage by fire only excepted) and keep the Landlord effectually indemnified against all claims in respect thereof and to pay for any damage done to any drain sewer or gully trap caused by the negligence of the Tenant his guests servants or agents"

    Despite of the fact it is a pure 'gobbly gook' to me and I am not quite sure how should it be interpreted, is it not in breach with the Residential Tenancies Act? It lists all the obligations of landlords and says 'no contracting out' from those terms. :confused:


Comments

  • Registered Users Posts: 1,909 ✭✭✭Agent J


    Bollox to that.

    Things break due to ordinary wear and tear and assuming it wasnt any of you or your mates then you are not liable for it if it wasnt "by the negligence of the Tenant his guests servants or agents".

    Tell them if they dont repair it then you dont have running water and the landlord will be in breach of his role to keep the house in a livable condition and you will take a cliam to th ePRTB if they dont repair it.


  • Registered Users Posts: 1,909 ✭✭✭Agent J


    Or better yet.

    "Fix this or i go and find a cheaper place to rent, good luck with finding my replacement"

    "Well you would be breaking your lease"

    "Not if the landlord refused my request to keep this place in a livable condition"


  • Registered Users Posts: 2,021 ✭✭✭shoegirl


    That is bull, it is the norm for normal repairs like this to be the responsibility of the landlord. Otherwise he/she/they would have no control over the standards and quality of repairs to a building they own. They are obliged to see to it that you have adequate supplies of hot and cold running warer.


  • Registered Users Posts: 4 Szarles


    Thanks for your help guys, you were absolutely right! :) I have now received a reply for my enquiry to Threshold and they confirmed it:
    It is the landlords responsibility to make repairs to the property (other than damage caused by the tenant). However, as a tenant, it is your responsibility to inform the landlord, in writing by letter, of whatever repairs that need to be carried out, and to give him reasonable time to make these repairs.


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