What to do about a useless landlord??

ebixa82

Hi,

I've been renting a flat with 2 others since Feb. Ghost landlord got in touch through agents over summer and wants us to sign contracts. However...

1) Balcony door in my bedroom is completely fcuked off its hinges and impossible to close properly. OK in summer but winter is coming. I've repeatedly told the landlord (it's been broken since before I moved in last Feb.) He said he's trying to source a part all over Europe and be patient. My patience is running out!

2) Washing machine recently broke. A plumber friend said the belt is gone and it would be cheaper to buy a new one. Both myself and another flatmate have repeatedly text and rang him but no response.

What should we do?

I suggested a rent reduction to agent till door is fixed. Do I have much of a chance?

I've been keeping laundry receipts. Could we subtract these from the rent automatically? Our landlord hasn't Ok'd this as he hasn't replied to us over the matter. Or should we just hold onto receipts and wait for him to reimburse us?

old_aussie

Move out

ebixa82

old_aussie wrote: »

Move out

It's not that big of a deal to move out just yet. It's a city centre, modern apartment and only a 3 minute walk from work. Alot of pro's to living there..


I'm just wondering if I underlodge my rent by whatever my laundry bills are without his approval (as he hasn't replied to us) could it be grounds for eviction?? (I'm keeping all receipts).

Cavehill Red

ebixa82 wrote: »

I'm just wondering if I underlodge my rent by whatever my laundry bills are without his approval (as he hasn't replied to us) could it be grounds for eviction?? (I'm keeping all receipts).

Yes, not paying the agreed rent would be grounds for eviction.
But a number of issues aren't clear here which affect matters. Is there a current rental agreement/tenancy in place? When does it run to? Who drew it up? Who signed it and when? Is your landlord registered with the PTRB?

Generally speaking no you can't decide arbitrarily that you're going to pay less rent. You have to agree that with your landlord or his agent. You have a right to live in decent conditions, but that need not necessarily include laundry facilities unless specified in the tenancy agreement or lease. In other words, unless he promised you a working washing machine in writing, you're not entitled to your laundry bills paid or to deduct them from the rent.

On the other hand, you are entitled to security and the balcony door issue might come under that remit. It might be worth considering having the door fixed yourself and deducting that cost from your rent (while keeping all receipts for labour and materials to present to the landlord or his agent on request).

ebixa82

Cavehill Red wrote: »

Yes, not paying the agreed rent would be grounds for eviction.
But a number of issues aren't clear here which affect matters. Is there a current rental agreement/tenancy in place? When does it run to? Who drew it up? Who signed it and when? Is your landlord registered with the PTRB?

Generally speaking no you can't decide arbitrarily that you're going to pay less rent. You have to agree that with your landlord or his agent. You have a right to live in decent conditions, but that need not necessarily include laundry facilities unless specified in the tenancy agreement or lease. In other words, unless he promised you a working washing machine in writing, you're not entitled to your laundry bills paid or to deduct them from the rent.

On the other hand, you are entitled to security and the balcony door issue might come under that remit. It might be worth considering having the door fixed yourself and deducting that cost from your rent (while keeping all receipts for labour and materials to present to the landlord or his agent on request).

I think he is registered. Agent came up to meet us a few months ago but never got back with contracts. We are reluctant to sign until these problems are resolved.

Whatever about a dishwasher, surely every modern apartment would have a washing machine as standard? Along with a working toilet, bed, cooker etc. I would think very few people would move into a place with no laundry facilities..

I am not reducing my rent, I am just considering deducting the cost of having clean clothes from the rent until he goes about replacing it.

Are you not contradicting yourself slightly by suggesting I underlodge to cover the cost of fixing the door?

It sounds mad but the landlord said he has been onto places in UK, Italy and France looking for a specific part for the door. Sounds ridiculous to me but, basically, I couldn't get the door fixed properly even if I wanted to!

Thanks for your reply!

Motley Crue

I would also consider writing up a full list list of complaints that you have with the property and outlining your attempts to contact and the relevant parties in this matter and, if possible, their response. DO NOT mention, nor threaten, any kind of further and/or legal action if they are unresponsive since this will not end well for either party.

I would also question the validity of trying to get a part for a door somewhere in Europe...seems as if this landlord is either absent from Ireland on a large basis and may even have properties in other countries (nothing wrong with that mind, but it does mean the agents may have trouble themselves finding him on a need to basis). If not then why the need to scale Europe for a part when surely if it can't be found in Ireland then the UK might stock it at least?

Send this letter registered to the agents and also ask to see the agreements, although you should have a copy of them, so that you can check what you are entitled too.

I would also consider buying a washing machine. I say this because if laundry bills are stacking up it might be more economical to buy a machine and keep it with you when you move. It will save you money and when the agents/landlord remove the old one they may offer reparation.

Cavehill Red

ebixa82 wrote: »

I think he is registered. Agent came up to meet us a few months ago but never got back with contracts. We are reluctant to sign until these problems are resolved.

If you have no formal agreement, then you could be evicted with little notice at anytime, subject to the landlord's whim.

ebixa82 wrote: »

Whatever about a dishwasher, surely every modern apartment would have a washing machine as standard? Along with a working toilet, bed, cooker etc. I would think very few people would move into a place with no laundry facilities..

I didn't mention dishwashers. I think I was clear in talking about washing machines. No, despite your expectations, there is no legal basis for assuming there ought to be a working washing machine, unless it is specified in your lease, and you don't have one, it seems.

ebixa82 wrote: »

I am not reducing my rent, I am just considering deducting the cost of having clean clothes from the rent until he goes about replacing it.

That's how you see it. But in reality, you're simply reducing the rent arbitrarily and you don't have the right to do so. Sorry.

ebixa82 wrote: »

Are you not contradicting yourself slightly by suggesting I underlodge to cover the cost of fixing the door?

No, because you have a legal right to expect your lodgings to be secure. The balcony door is a potential security risk, and since you have given your landlord plenty of notice to fix it and months later it has still not been done, you are, I would guess, entitled to have it fixed so that your security is assured, and then deduct those fair and reasonable expenses from your rent due.
However, it depends on the location of the balcony. If it is somewhere inaccessible to a burglar, then this may not apply. I suggest you contact Threshold or a solicitor for more detailed advice.

ebixa82 wrote: »

It sounds mad but the landlord said he has been onto places in UK, Italy and France looking for a specific part for the door. Sounds ridiculous to me but, basically, I couldn't get the door fixed properly even if I wanted to!
Thanks for your reply!

This is possible, though unlikely. I once had to write via an interpreter to Italy for a part for a cooker. But doors are fairly self-explanatory. They aren't complex electrical implements requiring specific manufacturer parts, usually.
If you have a mate who's handy with DIY, get him around to have a look at the balcony doors. He'll tell you if the landlord is being honest on this issue or not.

Ste.phen

Cavehill Red wrote: »

I didn't mention dishwashers. I think I was clear in talking about washing machines. No, despite your expectations, there is no legal basis for assuming there ought to be a working washing machine, unless it is specified in your lease, and you don't have one, it seems.

Are you sure about this? I've seen other posts here suggesting that the minimum allowable standards for rental accommodation included both a washing machine and (in the case where there's no private outdoor space with the property) a drier (or washer/drier).
(The same way a fridge with a freezer box at the top no longer meets the minimum standards and a proper fridge/freezer needs to be provided)

the_syco

ebixa82 wrote: »

1) Balcony door in my bedroom is completely fcuked off its hinges and impossible to close properly. OK in summer but winter is coming. I've repeatedly told the landlord (it's been broken since before I moved in last Feb.) He said he's trying to source a part all over Europe and be patient. My patience is running out!

Do you have a laptop/xbox/ps3/anthing of value?
Do you have content insurance?
Are you on the ground or first floor, or is your balcony connected to another balcony?

Wanna get robbed? :cool:

Cavehill Red

Ste.phen wrote: »

Are you sure about this? I've seen other posts here suggesting that the minimum allowable standards for rental accommodation included both a washing machine and (in the case where there's no private outdoor space with the property) a drier (or washer/drier).
(The same way a fridge with a freezer box at the top no longer meets the minimum standards and a proper fridge/freezer needs to be provided)

Nope. No washing machine is required, just access to one in the building -

Washing machine, or access to a communal washing machine facility
within the curtilage of the building,

http://old.myhome.ie/pdf/Rental%20Acc%20Standards.pdf

In any case, even if there is no access to any laundry facilities, the OP still cannot arbitrarily reduce rent without agreement.

Xiney

Cavehill Red wrote: »

If you have no formal agreement, then you could be evicted with little notice at anytime, subject to the landlord's whim.

He's been there since February - it is now over 6 months, he has part 4 tenancy.

Cavehill Red wrote: »

I didn't mention dishwashers. I think I was clear in talking about washing machines. No, despite your expectations, there is no legal basis for assuming there ought to be a working washing machine, unless it is specified in your lease, and you don't have one, it seems.

Actually there is a legal basis for having a working washing machine, assuming there isn't a communal one in the building (why would there be if there are washing machines in the appartments?) - this is in the PRTA 2008

Cavehill Red

Xiney wrote: »

He's been there since February - it is now over 6 months, he has part 4 tenancy.

See, it's all very unclear. He moved in in February, but the agent and landlord only sought to create an agreement in the summer, and there has yet to be one signed? All very odd. He might well have part 4, but I'd want to know a lot more about the chronology here to be sure.
I do think the OP should consult Threshold or a solicitor at this point, though.

Xiney wrote: »

Actually there is a legal basis for having a working washing machine, assuming there isn't a communal one in the building (why would there be if there are washing machines in the appartments?) - this is in the PRTA 2008

You missed my previous post?

BostonB

Theres a glut of places for rent. It makes no sense to stay there.

Landlord obviously won't learn unless you move out.

ebixa82

Just to give more info. The apartment is on the top floor. No other apartments on the floor but there are people on the same level in an adjoining building (i.e.same structure but different entrance doors if that makes sense!)

Only way of entry is to climb onto the flat top of the 6 story building which is highly unlikely.

I find it hard to believe that a washing machine is not a basic right as a tenant. Needless to say there are no communal laundry facilities.

As I've said the weather has yet to become so cold that the door is an issue but time will tell.

The reason I haven't moved is that the apt is ideal apart from this.

Seeing as the landlord is so slow in contacting I think I will hold back on this month's rent. When he notices this I'm sure he will ring and then we can discuss the situation then. It shouldn't have to come to this!

One last thing. Is he liable to cover laundry costs while washing machine is broken?

(Thanks for all helpful replies btw)

Cathmandooo

ebixa82 wrote: »

Just to give more info. The apartment is on the top floor. No other apartments on the floor but there are people on the same level in an adjoining building (i.e.same structure but different entrance doors if that makes sense!)

Only way of entry is to climb onto the flat top of the 6 story building which is highly unlikely.

I find it hard to believe that a washing machine is not a basic right as a tenant. Needless to say there are no communal laundry facilities.

As I've said the weather has yet to become so cold that the door is an issue but time will tell.

The reason I haven't moved is that the apt is ideal apart from this.

Seeing as the landlord is so slow in contacting I think I will hold back on this month's rent. When he notices this I'm sure he will ring and then we can discuss the situation then. It shouldn't have to come to this!

One last thing. Is he liable to cover laundry costs while washing machine is broken?

(Thanks for all helpful replies btw)

Washing facilities must be provided since Feb 2009

http://www.citizensinformation.ie/categories/housing/renting-a-home/repairs-maintenance-and-minimum-physical-standards

New rented properties

From 1 February 2009, a landlord must:

Ensure that the house is in a proper state of structural repair. This means that it must be essentially sound with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or rotting. The new Regulations strengthen this requirement with effect from 1 December 2009 (see below)
Provide a sink with hot and cold water
Provide a separate ventilated room with a bath or shower and toilet
Provide heating appliances for every room lived in
Provide facilities for cooking and for the hygienic storage of food, for example, a 4 ring hob with oven and grill, fridge-freezer and microwave oven
Provide clothes washing facilities
Provide clothes drying facilities if there isn’t a garden or a yard
Ensure that electricity or gas supplies are in good repair and safe
Ensure that every room has adequate ventilation and both natural and artificial lighting
Provide a fire blanket and fire alarms
Provide access to vermin-proof and pest-proof refuse storage facilities

You can lodge a dispute with the www.prtb.ie regarding breaking minimum standards and seek compensation for having to wash your clothes off-site. Perhaps let your landlord know that you intend to do this, if you don't hear back from him within 5 days I'd go ahead and lodge the dispute. Do not take it out of the rent yourself, you're not entitled to do that.

lisasimps

I'd say ring Threshold and ask them to phone him on your behalf, its a free tenants legal advice charity and they know all your rights, they've been very helpful to me and should kick him into action

the_syco

ebixa82 wrote: »

Seeing as the landlord is so slow in contacting I think I will hold back on this month's rent. When he notices this I'm sure he will ring and then we can discuss the situation then. It shouldn't have to come to this!

I wonder if it'd be within his rights to give you 28 days notice to get out of his apartment for failure to pay rent? He may also keep your deposit as you didn't give any notice to leave, and/or take money from your deposit to fix the door.

ebixa82

the_syco wrote: »

I wonder if it'd be within his rights to give you 28 days notice to get out of his apartment for failure to pay rent? He may also keep your deposit as you didn't give any notice to leave, and/or take money from your deposit to fix the door.

1) No fixed date has been made to pay rent. (No contract written up)

2) I don't intend on leaving so no need to give notice. Simply using it as a means of getting him to contact me.

3) No deposit was ever paid to him.

4) He can't possibly take money for the door as it was broken prior to me moving in!

As you can see an all round professional landlord!!

convert

First off, don't sign any contract until all the 'broken' items have been repaired or replaced.

Sit down and draw up a snag list and submit it to the EA and the landlord . Inform them that you will not be signing a contract until all the snags are fixed. Send the letter by registered post if necessary, so you have a record that they received it. You could also mention that you expect them to be replaced by X date or you will give your notice that you're moving out.

That should get them moving. I'd also contact threshold and see if they can encourage the EA and landlord to get moving.

ebixa82

convert wrote: »

First off, don't sign any contract until all the 'broken' items have been repaired or replaced.

Sit down and draw up a snag list and submit it to the EA and the landlord . Inform them that you will not be signing a contract until all the snags are fixed. Send the letter by registered post if necessary, so you have a record that they received it. You could also mention that you expect them to be replaced by X date or you will give your notice that you're moving out.

That should get them moving. I'd also contact threshold and see if they can encourage the EA and landlord to get moving.

Did all this by e-mail last week.

I suggested a rent reduction until door is fixed. Is that cheeky?

As I've said already, very little wrong apart from this and in an ideal location.

Cavehill Red

ebixa82 wrote: »

Did all this by e-mail last week.

I suggested a rent reduction until door is fixed. Is that cheeky?

As I've said already, very little wrong apart from this and in an ideal location.

You can certainly suggest it, but I wouldn't propose making unilateral deductions from the rent without the landlord's agreement.
I think the issue here really centres on the two items of work needed to bring the place up to standard.
While a complaint to the PRTB would certainly move things along, I'd be a little concerned about the security of your tenure in that event, since there is no current lease in place. I agree you shouldn't sign an agreement until the items are fixed, but you won't have security of tenure until such an agreement is in place.
Threshold will help advise you.

ebixa82

Cavehill Red wrote: »

You can certainly suggest it, but I wouldn't propose making unilateral deductions from the rent without the landlord's agreement.
I think the issue here really centres on the two items of work needed to bring the place up to standard.
While a complaint to the PRTB would certainly move things along, I'd be a little concerned about the security of your tenure in that event, since there is no current lease in place. I agree you shouldn't sign an agreement until the items are fixed, but you won't have security of tenure until such an agreement is in place.
Threshold will help advise you.

I think I've got enough advice from everyone here.

I have no interest in making official complaints or getting the PRTB involved. I'm an easy going person. Will play it out but will put a time line on things.

As I've said I have paid no deposit and so could walk at any time, however I wouldn't do this.

Thanks to all who posted!