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I have had a fire in my rented accommodation.

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  • 30-04-2009 1:17pm
    #1
    Registered Users Posts: 89 ✭✭


    Hi all

    I dont post much so sorry if I am not PC correct.

    Its 29th April 2009.

    I am in a B and B with my family for a week now. I live about a mile from dublin City.

    The fire was accidental and they are not fully sure of the cause, Asserors, Loss adjusters, Forensic people etc. Anyhow the landlord will receive their insurance. The landlord is holding on to my deposit. So cannot move. The HSE have helped me a bit but not with a deposit. So my family are stuck here. WE are all losing our reason at this stage.

    The Deposit was my own money, but I am on disability for the rest of my life so the hse give me a rent supplement.

    I have tried every avenue, Threshold, Lawyers, Bertie, local td's, and have spent 6 hours each day at the HSE hoping for something, but nothing coming my way unfortunately. I am classified as an emergency case . OK I am maybe looking for a hand out, but I mentioned they can take it back bit by bit. But to no avail. So its catch 22 I am stuck in this bed and breakfast for the forseeable future. Can anybody help me in this situation. I have never been in trouble with the gardai in my life quite the contrary. Its just the stress thats affecting the family and I cannot hold out much longer without losing the plot. My mind is just shifting from one idea to the next, which shows in the family. OK I am on sedatives but they dont help me focus on the situation.

    I worked all my life, no friends around at present. Its a very negative post sorry.

    But what do I do? You have to be in this situation to understand the stress I mentioned.


    If the mods deem my post to be innapropriate I will not be offended if its deleted.


    Thanks For any replies ................I have received 350 in total from the government in total up until now


Comments

  • Registered Users Posts: 17,434 ✭✭✭✭Blazer


    If the fire was accidental and Forensics haven't proved it was you, and the landlord is getting the Insurance money back he should be returning your deposit to you.
    Does he blame you for the fire? What reason is he giving for holding onto the deposit?
    Is he keeping the deposit for good or holding onto it till he gets the claim?


  • Registered Users Posts: 89 ✭✭Maserati23


    If the fire was accidental and Forensics haven't proved it was you, and the landlord is getting the Insurance money back he should be returning your deposit to you.
    Does he blame you for the fire? What reason is he giving for holding onto the deposit?
    Is he keeping the deposit for good or holding onto it till he gets the claim?

    They are bad landlords to say the least, by accident I found they own 26 properties in the area.

    I also oveheard in the que at the HSE 2 other families are having similar problems with them. (not fire related)

    they just want me out and keep the deposit, the forensics informed me its not my fault and they will receive their compensation as well. I have no insurance and lost everything.

    The remind me of mister Fingerton. INBS have their cake and eat it.

    They want my stuff out in the lane so they have full rights to the premises.

    Thanks for your reply.


  • Registered Users Posts: 2,284 ✭✭✭wyndham


    Maserati23 wrote: »
    They are bad landlords to say the least, by accident I found they own 26 properties in the area.

    I also oveheard in the que at the HSE 2 other families are having similar problems with them. (not fire related)

    they just want me out and keep the deposit, the forensics informed me its not my fault and they will receive their compensation as well. I have no insurance and lost everything.

    The remind me of mister Fingerton. INBS have their cake and eat it.

    They want my stuff out in the lane so they have full rights to the premises.

    Thanks for your reply.

    What kind of lease did you have, if any?

    What was the cause of the fire? Faulty Wiring? ?
    Was the fire to do with the structure/condition of the premises? Your landlord has a duty of care to you. How was the property vis-a-vis fire safety?
    Were there adequate smoke alarms/detectors? Were there bars/grilles on the windows?
    Was there a fire blanket or extinguishers or emergency lighting?

    It is the duty of the landlord to provide you with alternative accommodation, and the cost of this in turn can be reclaimed by him from his insurance, presuming he is adequately insured.

    If I were you, i would go to a solicitor without delay. ie now.


  • Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    It sounds like a tough situation but try to look at this from the other side for a moment.
    If a tenant accidentally causes any damage this is not the landlord's fault or liability. The landlord can rightly and correctly retain the deposit in such cases. The insurance will not cover the costs of the damage in it's entirety.

    It seems you are missing something by saying it was an accident without cause. It would be strange that they wouldn't know the origin or likely possible causes. I am not saying it is actually your fault but you are suggesting to an extent it is the landlord's but I can't see where you have stated any suggestion it is.

    What is the condition of the place now after the fire? Unless it is actually unsafe the landlord does not have to provide you with an alternative.

    If the landlord rents a number of properties to the HSE recipients I would say they have become very hardened to personal issues as experience would teach them not to give the benefit of the doubt. I don't mean to sound harsh but this is the reality and people tend to be very militant about landlords and will steer you down a very unhappy dead end at additional cost. The HSE are really the only ones that can help you.


  • Closed Accounts Posts: 11 osurdivol


    Kipperhell wrote: »
    It sounds like a tough situation but try to look at this from the other side for a moment.
    If a tenant accidentally causes any damage this is not the landlord's fault or liability. The landlord can rightly and correctly retain the deposit in such cases. The insurance will not cover the costs of the damage in it's entirety.

    It seems you are missing something by saying it was an accident without cause. It would be strange that they wouldn't know the origin or likely possible causes. I am not saying it is actually your fault but you are suggesting to an extent it is the landlord's but I can't see where you have stated any suggestion it is.

    He didn't suggest it was the landlords fault, he said it wasn't his fault and forensics backed him up on that point. And in cases where something's amiss and it isn't the fault of either the tenant or the landlord the person taking the hit is supposed to be the landlord.

    He has zero liability regarding the fire and the landlord should be giving him the deposit back.


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  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    You need to lodge an official complaint with the PRTB immediately. The landlord also needs to follow set procedures for evicting you. Ring the PRTB, and lodge a complaint.


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