Conned by Landlord

oceanclub

D3PO wrote: »

since when did getting rid of a cigarette smoke odour consist of a "repair"

I'm sure in the same way that you could argue that ridding a room of an inch-deep layer of encrusted semen is.

P.

D3PO

lycopodium123 wrote: »

thats fair enough, I've done that myself, but clearly the landlord knew there was a stench, thats why he had all the doors and windows open so the OP was mislead. What was he gonna do - go around and close all the doors and windows to smell the place?! I mean, seriously, come on!

he wasnt mislead as lots of people have posted airing out a place will get rid of the smell, perhaps the landlord expected the smell to be gone after the airing he gave it ?

Its wrong to assume he was misleading the OP, besides which yes I would expect them to clsoe all the doors and windows not specifically to smell the palce but to understand if there were any issues with outside noise like traffic etc.

people dont do a proper job viewing then complain its a fact, if I was going to be renting somewhere then id be making sure everything is working, taps, toilet, bath, shower, id be sitting on the furnatire looking for damage etc

id be making sure to visit the area at night to see what the neighbourhood is like, id be demanding a full list of contents and their condition and id be getting a signed lesser from the landlord or EA of what is demanaged and written proof that said damage would be repaired.

id also be very wary of damp more than anything if I arrived somewhere to find all the windows and doors opened or certain areas newly painted etc.

You might think thats over the top but if Im going to sign up to a legally binding document and commit myself to lliving somewhere for a period of time Im going to make sure everything is right.

Viewing a rental should be no different in terms of the level of detail used to view a house for buying, and that includes going for a second viewing.

oceanclub

Anyone who doesn't think that deliberately leaving _all_ windows open in order to hide a smell, and not mentioning it to someone, is "misleading" needs to buy a dictionary. A big one. And then bludgeon themselves to death with it to spare us their nonsense.

P.

D3PO

oceanclub wrote: »

First of all, find out is the landlord registered for to the PRTB.
P.

if he has just moved in you wont be able to check if hes registered

oceanclub

D3PO wrote: »

if he has just moved in you wont be able to check if hes registered

Sorry, that's nonsense, unless you're claiming the landlord has only just bought the place.

I'm not sure what's funny about it either, unless you think landlords pulling fast ones is great craic.

P.

D3PO

oceanclub wrote: »

Anyone who doesn't think that deliberately leaving _all_ windows open in order to hide a smell, and not mentioning it to someone, is "misleading" needs to buy a dictionary. A big one. And then bludgeon themselves to death with it to spare us their nonsense.

P.

its not misleading. if the op had asked why are the windows and doors open and he said becasue its a sunny day. that would be misleading him.

You could argue that maybe there wasnt full disclosure, but then again you could argue that the landlord expected the smell to be gone after the airing he gave it.

oceanclub

D3PO wrote: »

its not misleading. if the op had asked why are the windows and doors open and he said becasue its a sunny day. that would be misleading him.

And hiding a big pile of ****e under the sofa would be grand unless you asked him "is there anything under the sofa", no doubt.

I'm reminded yet again that accepting shoddy behaviour without complaint is a very Irish trait.

P.

D3PO

oceanclub wrote: »

Sorry, that's nonsense, unless you're claiming the landlord has only just bought the place.

I'm not sure what's funny about it either, unless you think landlords pulling fast ones is great craic.

P.

did I say anything was funny ?

If the landlord hasnt rented the place out before why would he be registered with the PRTB ? If you read the thread it comments that the landlord was living there ...

anyway if he isnt registered wit the PRTB and its a first offense he will et a late fee and a slap on the wrist, so your point really has no merit. Are you trying to say hes a tax dodger ? Well given hes living abroad thats impossible as on a totally different subject the OP should be witholding 20% of the rent to pay direct to the revenue.

So not exactly sure where you were trying to go with your point ....

D3PO

oceanclub wrote: »

I'm reminded yet again that accepting shoddy behaviour without complaint is a very Irish trait.

P.

Id call it more like getting what you earn. Any poster that has ever come on here who has complained having just moved into a new rental has zero sympathy from me, if these were pre existing conditions.

If you cant be bothered to view somewhere properly then hopefully a bad experience will give you the kick up the arse you need.

Its a big bad world out there.

oceanclub

D3PO wrote: »

did I saw anything was funny ?

Smileys are used to represent humour. Maybe in your country they represent obtuseness.

If the landlord hasnt rented the place out before why would he be registered with the PRTB ? If you read the thread it comments that the landlord was living there ...

Legally they have one month to do it.

Are you trying to say hes a tax dodger ?

I'm sure this charming fellow is the height of probity.

So not exactly sure where you were trying to go with your point ....

I'm pretty much suggesting that the OP should dig up as much dirt on the bastard as he can to use as leverage.

Perhaps I'm being obtuse. *smiley face*

P.

ttm

Look at this another way if the house was perfect with NO smell and the OP left the house with it stinking of fags what would the owner do???

NO BRAINER! Owner would keep the deposit and say it was to clean the house properly.

OP needs to get this sorted as if there is no indication anywhere in writing that the house was like this when she moved in then if it still smells in 12months time (a possiblilty if it is that bad) then the landlord could claim it was the OP's fault.

D3PO

oceanclub wrote: »

Smileys are used to represent humour. Maybe in your country they represent obtuseness.



Legally they have one month to do it.



I'm sure this charming fellow is the height of probity.



I'm pretty much suggesting that the OP should dig up as much dirt on the bastard as he can to use as leverage.

Perhaps I'm being obtuse. *smiley face*

P.

if you check i didnt use a smilie I used a wink. Its generally relates to a tongue and cheek comment. Im sorry if that was a little over your head.

the rest of your responses make on sense. The landlord lives in australia thefore he cant be evading tax as its the tennants responsibility to pay the revenue.

Perhaps you didnt know that. I mean theres plenty of folk on here posting things that have no basis at all :rolleyes:

D3PO

ttm wrote: »

OP needs to get this sorted as if there is no indication anywhere in writing that the house was like this when she moved in then if it still smells in 12months time (a possiblilty if it is that bad) then the landlord could claim it was the OP's fault.

this is an excellent point, and it goes back to the same point I make over and over.

You as a tennant are responsible for protecting yourself within the boundaries of tennant law.

Any tennant that doesnt view properly, doesnt get written confirmation of damage already done prior to moving, a tennant that doesnt get a break clause put into their lease, a tennat that doesnt get a full list of inventory by condition etc can really only blame themselves if they put themself in a situation that leaves them vunerable.

Im not saying thats fair, Im not saying thats right, Im not saying thats moral. What I am saying is that you have to protect yourself and your "investment" i.e your security deposit

Complaints about dodgy landlords are not new on this forum (and im not refering to this situation as I dont believe thats the case here)

If people still refuse to do proper due dilligence before moving in somewhere well it beggars belief to be honest

oceanclub

D3PO wrote: »

the rest of your responses make on sense. The landlord lives in australia thefore he cant be evading tax as its the tennants responsibility to pay the revenue.

Oh well, that's handy. The OP can start deducting the 20% immediately and request to the nice landlords' parent that they give him his phone and addresses details so he makes sure he gets the relevant form. You know, just to make sure he lives in Australia and all that.

P.

ttm

D3PO wrote: »

if you check i didnt use a smilie I used a wink. Its generally relates to a tongue and cheek comment. Im sorry if that was a little over your head.

the rest of your responses make on sense. The landlord lives in australia thefore he cant be evading tax as its the tennants responsibility to pay the revenue.

Perhaps you didnt know that. I mean theres plenty of folk on here posting things that have no basis at all :rolleyes:

:rolleyes:

ronaneire

gleep wrote: »

Thanks for the tips, Im going to try but I really dont think anyone will believe how bad this is unless they see for themselves. As I said before, its in the walls and all the furniture. These ghave been washed with Dettol and still they stink.

But a plug in air freshner clean everything with a bleach solution. Dettol is only a disinfectant.

SoupyNorman

gleep wrote: »

I'm sticking to my guns here, I won't roll over and let this guy walk away with my money. I'm not rich by any means, this guy has conned me. End of.

Sorry but you conned yourself.

Been reading through this thread, and although I can empathize with encountering unforeseen issues that may not be blazingly evident in a viewing it is generally a good idea to do a 2nd viewing. A year long lease is a substantial undertaking and having just signed one I viewed the new place twice both in the morning and evening to see if there was any variation in noise and also you'll always notice something you didnt the last time.

The Landlord has done nothing wrong(well illegal anyway), you viewed the place, you accepted it as is. It is extremely hard to believe that the smell wasnt bad with all the doors and windows open. You say you can smell it from the hall way!!


I'll finish with 2 and a half words;

Shake-N-Vac.

gleep

D3PO wrote: »

this is an excellent point, and it goes back to the same point I make over and over.

You as a tennant are responsible for protecting yourself within the boundaries of tennant law.

Any tennant that doesnt view properly, doesnt get written confirmation of damage already done prior to moving, a tennant that doesnt get a break clause put into their lease, a tennat that doesnt get a full list of inventory by condition etc can really only blame themselves if they put themself in a situation that leaves them vunerable.

Im not saying thats fair, Im not saying thats right, Im not saying thats moral. What I am saying is that you have to protect yourself and your "investment" i.e your security deposit

Complaints about dodgy landlords are not new on this forum (and im not refering to this situation as I dont believe thats the case here)

If people still refuse to do proper due dilligence before moving in somewhere well it beggars belief to be honest

D3PO,just so you know, when I went to view the property, I was told by the L/L that he was just back fom oz for a few weeks. On that day, all the windows and doors were open. He told me that he was cleaning, and indeed he was. Not unreasonable for me to conclude that this is why the windows etc are open. Is it unreasonable to expect an honest person, at this point, would point out that there is a VERY SERIOUS problem with cigarette odour when the windows are closed?
This is at best witholding information and at worst deceit. It was 3 days later that I went back to the apt and signed the lease, again all windows and doors open, and he was "just tidying up for us". So the argument that he thought a good airing would do the trick is wrong. He had been there at least 3 days, and I suspect he was airing the place the whole time, he would have known the seriousness of the smell. He didnt mention it to me, this is dishonest in my book. Like selling a car and not telling someone of any problems it has.

gleep

SoupyNorman wrote: »

Sorry but you conned yourself.

Been reading through this thread, and although I can empathize with encountering unforeseen issues that may not be blazingly evident in a viewing it is generally a good idea to do a 2nd viewing. A year long lease is a substantial undertaking and having just signed one I viewed the new place twice both in the morning and evening to see if there was any variation in noise and also you'll always notice something you didnt the last time.

The Landlord has done nothing wrong(well illegal anyway), you viewed the place, you accepted it as is. It is extremely hard to believe that the smell wasnt bad with all the doors and windows open. You say you can smell it from the hall way!!


I'll finish with 2 and a half words;

Shake-N-Vac.

Funny guy. When i signed the lease, all windows and doors were again open.
And it really is that bad, hard to comprehend I know, but it is. If you want to call me a liar then go ahead. You can smell the smoke in the hallway, and it wasn't evident while I was there with the L/L. I suspect that when he was expecting me he just opened everything for hours.
Anyway, thanks for the helpul post, you've really added something.....

Bobeagleburger

Just dont pay him any rent seeing as he is in Oz

gleep

rarnes1 wrote: »

Just dont pay him any rent seeing as he is in Oz

I have no problem paying rent, and I wouldn't even live in this place if it was rent-free!

SoupyNorman

gleep wrote: »

Funny guy. When i signed the lease, all windows and doors were again open.
And it really is that bad, hard to comprehend I know, but it is. If you want to call me a liar then go ahead. You can smell the smoke in the hallway, and it wasn't evident while I was there with the L/L. I suspect that when he was expecting me he just opened everything for hours.
Anyway, thanks for the helpul post, you've really added something.....

Man, your attitude stinks as bad as your apartment.


I do agree that Landlord acted a little underhandedly but if you are totally unwilling to accept ANY responsibility then it's hard to feel sorry for you.

When you get in touch with your LL ask him to go halves on getting the apartment professionally cleaned.

ttm

OP you were conned. There was a problem with the place and the owner covered it up.

As to the replies that say it was all your own fault all I can say is that George Bernard Shaw had it right when he said...

"Put an Irishman on the spit and you can always get another Irishman to turn him"

That should really be the motto of Boards.ie

gleep

ttm wrote: »

OP you were conned. There was a problem with the place and the owner covered it up.

As to the replies that say it was all your own fault all I can say is that George Bernard Shaw had it right when he said...

"Put an Irishman on the spit and you can always get another Irishman to turn him"

That should really be the motto of Boards.ie

I'm findin that! Cheers

gleep

SoupyNorman wrote: »

Man, your attitude stinks as bad as your apartment.


I do agree that Landlord acted a little underhandedly but if you are totally unwilling to accept ANY responsibility then it's hard to feel sorry for you.

When you get in touch with your LL ask him to go halves on getting the apartment professionally cleaned.

I dont want anyone to feel sorry for me, as before, just looking for anyone who has had a similar problem.

I hope you never get conned soupy, sincerely i do.

The_Conductor

Gleep- I'd echo the suggestion above, that you offer to go halves with the landlord on getting the apartment professionally cleaned.

Everyone else- calm down- quit with the personal remarks and comments, and stick on topic. If you're incapable of doing this- you will be given a little holiday from posting in this forum.

Regards,

SMcCarrick

hideous ape

I would consider this a con...no doubt the landlord used up a few cans of Febreeze plus with the windows open that would mask just about any odour on the day the OP was viewing.

Have you asked Threshold about what can or can't be done in this situation?
Read your lease thoroughly and bring it with you to Threshold and get them to check if there is a way to get out of the lease, if it is unfit to live in. Maybe you could use Health and Safety or something like that. Worst case scenario and illegal...stop paying rent until you've got roughly 2000e worth of rental time and feck off somewhere else. Provided he has no home address for you.

Next time check everything...here's a handy tip:

When you next go for a viewing, as soon as the landlord/agent starts speaking...stop listening and you start talking! I've learned that you should be doing the talking, not the landlord. Nearly got caught myself until I asked about the kitchen cupboards in a really nice apartment...thick black mould in every single cupboard. Walked straight out the door without saying a word.

Victor

As your landlord is not resident, you have certain responsibilities to withhold tax.

www.revenue.ie

EKRIUQ

Victor wrote: »

As your landlord is not resident, you have certain responsibilities to withhold tax.

www.revenue.ie

Correct, makes this more interesting now

If a landlord resides outside the country and rent is paid directly to him/her or to his/her bank account either in the State or abroad, tax must be deducted by the tenant at the standard rate of tax (currently 20%) from the gross rents payable. Failure to deduct tax leaves the tenant liable for the tax that should have been deducted.


At the end of the year, the tenant should give the landlord a completed Form R185. This form gives details of the amount of the rent that was paid over to Revenue. The landlord can then claim this amount as credit on their annual Tax Return.

Where an agent, resident in the State, is appointed by the non-resident landlord to manage the property and the agent is collecting the rents, the rents must be paid gross to the agent. The agent is then chargeable to tax on the rents as Collection Agent for the landlord and is required to submit an

annual tax return and account for the tax due under Self Assessment.

If a non resident landlord does not wish to rely on a tenant or Agent to deduct tax or does not want either party to deduct tax at source from Gross rents, s/he may register for tax in Ireland and submit an annual tax return where allowances will be given for rental costs (including mortgage interest) incurred against gross rents.

ztoical

Right I'm not siding with or against the OP here I'm just curious about alot of the replies and wondering if someone wants to clear it up. If I go to view a house/apartment/whatever....have a good look round, take my time, go back and see it again at a different time, then sign a lease but after I move in find something is wrong like major issues with damp, rats in the attic or smells or the like is it the case that it's though sh!t cus you viewed the place and signed off on it being ok when you sign the lease? I can understand what people are getting at about making sure to have a good look and maybe more then one when renting and more so when buying and I do think the OP has come on a little strong here but it also sounds a little odd saying "you didn't spot it before signing the lease so your pretty much F****d"