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Are they right to refuse paying rent?

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  • 11-05-2009 5:36pm
    #1
    actuallylike
    Registered Users Posts: 1,450 ✭✭✭


    Hi, my girlfriend and two of her friends rented a house for the last 2 months. Lovely place but the oven hasn't worked since they moved in. The landlord also promised the 3rd person a double bed when they moved in which never arrived. They've had someone to look at the oven and he said it's faulty and needs to be replaced. The landlord refuses to answer his calls, even hanging up when he realises who he's talking to if they are lucky enough for him to answer. My girlfriend is a chef so you can imagine how annoying it is not having an oven! For the 3rd month, they are refusing to pay rent until this is sorted out or at least until he talks to them, are they in the right or could this blow up in their face?
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    #2
    whizzbang
    Registered Users Posts: 1,366 ✭✭✭whizzbang


    I'd say withhold rent but don't spend it. Have it ready to be paid when the landlord does their job.


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    #3
    Silverfish
    Moderators, Society & Culture Moderators Posts: 16,696 Mod ✭✭✭✭Silverfish


    I could be wrong but I believe they are entitled to get the oven replaced / repaired and give the landlord the invoice, but afaik there are no circumstances in which you can withold rent.

    Check with the PRTB/ Threshold.


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    #4
    passive
    Registered Users Posts: 2,403 ✭✭✭passive


    I'd say "witholding until he talks to them" is reasonable enough, but I wouldn't stake my home on it...


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    #5
    thesteve
    Registered Users Posts: 902 ✭✭✭thesteve


    Is this house in seabury in malahide by any chance? I'm getting a sense of déjà vu here from a house a friend was in and got so sick of the landlord that he moved out


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    #6
    forbairt
    Registered Users Posts: 3,594 ✭✭✭forbairt


    I'd probably say give http://www.threshold.ie/ a buzz just to have it all above board :)

    As any advice we give for the most part will be personal feelings on it all


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    #7
    Kipperhell
    Closed Accounts Posts: 1,477 ✭✭✭Kipperhell


    passive wrote: »
    I'd say "witholding until he talks to them" is reasonable enough, but I wouldn't stake my home on it...

    It isn't considered reasonable in the law and that is what has to be considered. However it can be effective but will cause huge animosity which will probably come back on you at some point.

    Best thing to do is say there is a problem with the bank accounts and you wish to pay him in cash directly. Any delay in meeting with you is then on him and you are not withholding rent thus breaking your agreement.

    I would not be shocked by any person getting extremely angry when you refuse to pay them and would expect some to act in an unreasonable manner. Hard to deal with anybody who is angry.


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    #8
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    passive wrote: »
    I'd say "witholding until he talks to them" is reasonable enough, but I wouldn't stake my home on it...

    I don't think you can withold rent, it wont be looked on well by the PRTB.
    However I would look up the PRTB site and threshold.
    How can they live in a place for 2 months and let this continue, they should have gotten onto it straight away, I'd reccomend checking all major appliances are functional before signing, ie that they at least switch on and off and appear functional.(although the Landlord should never have allowed this to go unanswered)
    I'd send a a text and reg letter stating that unless the oven is fixed without delay, you will be quiting and terminating the tenancy, suggest you are considering contacting the PRTB, state that all you want is the oven fixed,the bed as agreed otherwise you are incurring unreasonable cost that would have to be recovered.

    I'd kinda agree with the problem with bank account and arrange to meet in person.


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    #9
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Silverfish wrote: »
    I could be wrong but I believe they are entitled to get the oven replaced / repaired and give the landlord the invoice, but afaik there are no circumstances in which you can withold rent.

    Check with the PRTB/ Threshold.

    Silverfish is correct- they are not entitled to withold rent (irrespective of how annoying a situation this is).

    They are entitled to have the oven repaired/replaced. The doublebed is wholly a seperate issue- and unless its in writing that they will get a doublebed- its unlikely to happen.

    Once they withhold rent they are automatically in the wrong- regardless of the merits of the case.

    I would suggest they immediately contact the PRTB and open an official dispute via them. If the landlord isn't registered- tough luck on him/her.

    If they aren't hung up on the place- and haven't signed a lease- just give notice and move when appropriate. There are tens of thousands of vacant rental properties out there- they will have no problem whatsoever finding something that suits.


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