Issues with landlord, moving out now

eezarthegreat

Hi all - wondering if anyone has experience with this kinda thing, here's the lowdown:

I moved into an apartment with my girlfriend on November 11th. Soon after we found a LOT of hidden issues (broken shower, locks missing on windows and mould growing). As you can imagine, the shower SHOULD have been an easy fix but the landlord tried his best to avoid me and after several calls (made on my part) he cursed me off the phone.

Eventually the showerhead and locks were sorted but since then the mould has become a real issue. Is has destroyed several pieces of clothing, shoes, books and more. I purchsed a dehumidifier and mould removing agents to try slow the process down - I then sent a registered letter to my Remax (our agent as the landlord refuses to deal with me - because I have stood up to him in the past)to notify them about the issue.

After a month of waiting, no reply and through the advice of threshold, I have contacted Remax again to notify them that I am moving out on the 25th of next month (May). I also explained that I am to hold onto my last month of rent and that the landlord should keep my security desposit AS the last month of rent. I know this isn't the "correct" way to do things but he has proven himself to be care-free, unreliable, unconcerned and because he's not registered with the PRTB - I would have no comeback after I move out.

So, I need to pick your brains. Is there a way to hold the landlord liable for the costs? Is there some other association I can report him to?

What is the best course of action?

Thanks for reading,
e

ps: I have to say, for an established organisation like Remax to be dealing with such a crooked landlord is disgraceful

January

It doesn't matter if the landlord is registered with the PRTB or not they can still go after him.

Agent J

Welcome to the wonderful world of dealing with estate agents. Most of them couldnt organise a nun shoot in a nunnery.

Been in that situation myself. Almost that exact same situation...

1) PRTB registration

It does not affect you at all. In fact it gives you a bargining chip to remind the Landlord they are liable for a 5k fine if and when you take a case(Or just report them) The fact they have not registered doesnt not affect your rights.


2)Deposit witholding.

Personally i have always played it by the book. If you choose to withhold your deposit then you break the lease and could be exposed. However the fact the place isnt livable breaks it too so i understand your reasonings.

PRTB took 12-18 months to hear my case but i must admit it was gratifying to have my former landlord make a total fool out of himself.
Also they were very interested in finding out all they could about the landlord when i filed the case as he wasnt registered.


Couple of pieces of advice

1) Document everything now while it is fresh.
2) Photograph everything as you leave the house
3)Give your notice in writing (if not done so allready)

athtrasna

How do you know that the landlord isn't PRTB registered? The published register is months old..so don't be so sure.

As regards witholding your rent - your landlord could issue you with warnings based on non-payment and also seek to pursue you for rent due to end of the lease term. You would be in a better position to pay your rent and seek return of the deposit on moving out.

edellc

I recently had a dealing with a LL like yours and had a similar experience with my rented accommodation

The PRTB and Threshold will advise you to pay your rent in full so that if you do decide to bring a case you are in a better position

Unfortunatelly the private rental laws in this country are really non exsistant so you weigh up your options and like you I didnt pay my last months rent well i didnt pay my last two months rent as I had no heating over that very cold winter we just had and I had a four mth old baby in a house that was colder inside than outside my LL broke the lease not me and advised me to move out until the heating was fixed then had the cheek to ring me three months after the heating was gone and one month after i moved out looking for rent :eek: and claiming that i never told him about the heating they really do think they can get away with anything

I never presude my LL with either body but did report him to Threshold and then the county council regarding unliveable accommodation I had sent numerous registered letters to him and made phone calls by the dozen to him so he had no excuses

good luck with what you decide and when you do move try make sure its not to a house converted into flats or as some like to call them apartments :rolleyes: a purpose built apartment block is the way to go

also i had a few friends who work as EA and you seriously would be shocked at their behaviour and stories they tell it would make you never ever want to use one again if you have ever read Ross O'Carroll Kelly then you will know what i mean

eezarthegreat

Agent J wrote: »

2)Deposit witholding.

Personally i have always played it by the book. If you choose to withhold your deposit then you break the lease and could be exposed. However the fact the place isnt livable breaks it too so i understand your reasonings.

PRTB took 12-18 months to hear my case but i must admit it was gratifying to have my former landlord make a total fool out of himself.
Also they were very interested in finding out all they could about the landlord when i filed the case as he wasnt registered.


Couple of pieces of advice

1) Document everything now while it is fresh.
2) Photograph everything as you leave the house
3)Give your notice in writing (if not done so allready)

The lease is officially broken, by him due to his ignoring of TWO seperate and registered letters asking him to address the issue.

Good point on documentation. From the get-go we've played it by the book (as I don't want to MAKE trouble for us) and photographed everything.

athtrasna wrote: »

How do you know that the landlord isn't PRTB registered? The published register is months old..so don't be so sure.

According to several call to the PRTB he's not registered, in fact, NONE of his several properties are - he takes cash in hand.

edellc wrote: »

I had a four mth old baby in a house that was colder inside than outside my LL broke the lease not me and advised me to move out until the heating was fixed then had the cheek to ring me three months after the heating was gone and one month after i moved out looking for rent :eek: and claiming that i never told him about the heating they really do think they can get away with anything.

:eek:

edellc wrote: »

I never presude my LL with either body but did report him to Threshold and then the county council regarding unliveable accommodation I had sent numerous registered letters to him and made phone calls by the dozen to him so he had no excuses

good luck with what you decide and when you do move try make sure its not to a house converted into flats or as some like to call them apartments :rolleyes: a purpose built apartment block is the way to go

also i had a few friends who work as EA and you seriously would be shocked at their behaviour and stories they tell it would make you never ever want to use one again if you have ever read Ross O'Carroll Kelly then you will know what i mean

Yeah it's our first place and from here on in we'll be watching everything. A purpose built block sounds like something to aim for alright. Thanks for the kind wishes

It's so frustrating, didn't think it would be so mucky, I really didn't

Twigster

If he takes cash in hand an anonymous phone call to the revenue might be a suggestion. If you want to go down that route.

eezarthegreat

Twigster wrote: »

If he takes cash in hand an anonymous phone call to the revenue might be a suggestion. If you want to go down that route.

Good point, noted, thanks

gurramok

If a landlord treated me like that and is unregistered as well as taking cash in hand, i would be heading straight to Revenue to report him. Thats your golden card against him.

quozl

As a matter of principle you should report him to revenue.

You have an obligation to do so imo. If you haven't officially reported him to the PRTB then you also should do that.

If people will not report dodgy land-lords then nothing will be done about them.

eezarthegreat

quozl wrote: »

As a matter of principle you should report him to revenue.

You have an obligation to do so imo. If you haven't officially reported him to the PRTB then you also should do that.

If people will not report dodgy land-lords then nothing will be done about them.

gurramok wrote: »

If a landlord treated me like that and is unregistered as well as taking cash in hand, i would be heading straight to Revenue to report him. Thats your golden card against him.

I 100% agree lads. You see I have to admit, I was naive to this carry on after having good expepriences in the past. I won't let this slip. Trust me

garbeth

Why did you rent from this LL in the first place?

I know hindsight is 20/20 but surely its a renters market at the moment and renters can be picky. by that I mean shoose to rent in places that dont have mould. You could ask for references from the land lord as to the people who have rented from them before.

Did you see the place before you rented it. Was the mould there then

Im not standing up for this LL and as other people have pointed out they should be reported to both revenue and the PRTB as substandard Land lords give good land lords a bad name.

In future if something looks bad walk away.

Good luck in finding a good place

eezarthegreat

garbeth wrote: »

Why did you rent from this LL in the first place?

I know hindsight is 20/20 but surely its a renters market at the moment and renters can be picky. by that I mean shoose to rent in places that dont have mould. You could ask for references from the land lord as to the people who have rented from them before.

Did you see the place before you rented it. Was the mould there then

Im not standing up for this LL and as other people have pointed out they should be reported to both revenue and the PRTB as substandard Land lords give good land lords a bad name.

In future if something looks bad walk away.

Good luck in finding a good place

When I went to view the place it was fine! I never checked things like if the shower would work (my mistake there) but no, there was no evidence of mould.

The sad thing about the place is it's in a great place. Right beside shops, right beside a bustop and a good location - just a shame it didn't work out.

Thinking about the type of LL he is, and the mould, I bet he cleaned it away the day before we came to look at it. That way, he figured, the lease would be signed and we'd be ****ed.

I was told that he gave the polish lad that lived here before us hell. From what I understand he lived here without warm water and a faulty shower - that's why he hates me - I actually stood up to him.

He's a real scumag I have to say so I appreciate the words of advice, and even the criticism on here too.

eezarthegreat

Just thought i'd give you guys an update....

As mentioned above, I have served the LL two letters and I was intending to leave on Wednesday 25th.

I just got a call of him saying he wants me out this weekend. I told him that, as agreed, he should speak to the agent (Remax). He told me to go **** myself and that I'd better be out.

Remaz then rang and said that he has told them I have to be out by Monday or he'll sue me. As mentioned above, I have told him to accept my safety deposit as payment for the last month of rent.

so...

He's not registered with the PRTB. He takes cash in hand (so i'd imagine the revenue know nothing of him) and he failed to address the mould issue in our apartment which caused us to serve him a termination of our lease.

Does he have the power to really do anything? Should I call the guards?

blah

As above, call the Revenue. Hopefully they'll present him with a backdated tax bill.

eezarthegreat

blah wrote: »

As above, call the Revenue. Hopefully they'll present him with a backdated tax bill.

I'll do that for sure but the suing part has me on a backfoot now. I'd say LL's throw the expression around a lot, should I call his bluff?

smelltheglove

I wouldnt be running out by Monday if I were you tbh. I would stay put until the date you have given him, I doubt you can sort your things out in 2 days including sorting somewhere else to live, its a pretty ridiculous expectation of him. Him sue you? That would be fun.... You move out when you are ready, if he turns up at your door call the Gardai for harrassment and as mentioned call the Revenue asap if you have not already done so. Too many arse****s getting away with not paying their taxes and treating tenants like crap.

eezarthegreat

smelltheglove wrote: »

I wouldnt be running out by Monday if I were you tbh. I would stay put until the date you have given him, I doubt you can sort your things out in 2 days including sorting somewhere else to live, its a pretty ridiculous expectation of him. Him sue you? That would be fun.... You move out when you are ready, if he turns up at your door call the Gardai for harrassment and as mentioned call the Revenue asap if you have not already done so. Too many arse****s getting away with not paying their taxes and treating tenants like crap.

Yeah I am tempted I have to say, only down the road from you in Leixlip so you can watch it happen!

I'll be on to the Revenue but I don't want the hasstle of court IF he could you know?

smelltheglove

eezarthegreat wrote: »

Yeah I am tempted I have to say, only down the road from you in Leixlip so you can watch it happen!

I'll be on to the Revenue but I don't want the hasstle of court IF he could you know?

He is calling your bluff I would say, you have contacted him regarding problems with the place and he has failed to sort it, he isnt registered and most likely not paying tax so, if he were to chase you he would face the PRTB fine, backdated taxes plus legal fees.... If I were you and he served me with a summons I would probably be laughing my head off, would cost him a small fortune.

By the way, loads of places for rent in Lucan and Leixlip so you have your pick really.

When you do move, keep copies of the registered letters (receipts at least) along with photos of how you left the place, phone bills showing when you tried to call him and any correspondence with prtb or threshold together, safely. I just moved and spent 3 days looking for something I had put safe so remember where the safe place is too haha:o

eezarthegreat

smelltheglove wrote: »

He is calling your bluff I would say, you have contacted him regarding problems with the place and he has failed to sort it, he isnt registered and most likely not paying tax so, if he were to chase you he would face the PRTB fine, backdated taxes plus legal fees.... If I were you and he served me with a summons I would probably be laughing my head off, would cost him a small fortune.

By the way, loads of places for rent in Lucan and Leixlip so you have your pick really.

When you do move, keep copies of the registered letters (receipts at least) along with photos of how you left the place, phone bills showing when you tried to call him and any correspondence with prtb or threshold together, safely. I just moved and spent 3 days looking for something I had put safe so remember where the safe place is too haha:o

Yeah I getcha! I'll keep you in the loop, thanks for the reply really appreciate the reponse!

ztoical

OP he can't kick you out without giving the proper notice. He needs to give you 14 days rent arrears notice followed by an eviction notice so tell him to go jump. He can't bring you to court to sue you for breaking the lease he will be told he has to go via the PRTB who will be more then happy to help him after he pays all his fines for not registering the tenancy with them. If he tries to enter the flat, move any of your property, change the locks, cut off the power etc you can sue the pants off him. Make him aware that you've spoken to the authorities and been made aware of your rights. Hopefully this will be enough to keep him at bay till you move out. If he does show up and tries anything physical call the police.

On top of reporting him to the PRTB and the revenue I would report him to your local authority. It is their job to make sure all housing meets the minimum standards set out in the law. They most likely won't do anything as your moving out but they'll have a record of it then 3 or so months from now after he has had time to paint over the mold, rent out the place to someone else and the mold has had time to come back I'd send a letter to the new tenants letting them know to contact the local authority.

eezarthegreat

ztoical wrote: »

OP he can't kick you out without giving the proper notice. He needs to give you 14 days rent arrears notice followed by an eviction notice so tell him to go jump. He can't bring you to court to sue you for breaking the lease he will be told he has to go via the PRTB who will be more then happy to help him after he pays all his fines for not registering the tenancy with them. If he tries to enter the flat, move any of your property, change the locks, cut off the power etc you can sue the pants off him. Make him aware that you've spoken to the authorities and been made aware of your rights. Hopefully this will be enough to keep him at bay till you move out. If he does show up and tries anything physical call the police.

On top of reporting him to the PRTB and the revenue I would report him to your local authority. It is their job to make sure all housing meets the minimum standards set out in the law. They most likely won't do anything as your moving out but they'll have a record of it then 3 or so months from now after he has had time to paint over the mold, rent out the place to someone else and the mold has had time to come back I'd send a letter to the new tenants letting them know to contact the local authority.

THIS is why I love boards, thanks for the reply ztoical

the_syco

A number to put into your phone, just in case the LL turns up unannounced.

http://www.goldenpages.ie/garda-station-leixlip/
(01)6667800

eezarthegreat

the_syco wrote: »

A number to put into your phone, just in case the LL turns up unannounced.

http://www.goldenpages.ie/garda-station-leixlip/
(01)6667800

Thanks they're already aware of the whole situation!

Ray Palmer

PRTB are notorious for not being up todate so you don't know he isn't registered. Tax is a seperate issue and again you don't know about that either. All this "good" advise on how to threaten him may well be useless so don't rely on it.

Follow proper advice and don't assume you have some magic way to trump him. I have been doing this a a long time and tenants have threatened to report me if they didn't get their way over something that was inevitably their fault. One guy threatened me becasue he lost his rent book:rolleyes: so I was avoiding tax apparently!

I always make sure everything is clear at the front including who owes for a TV licence.

As for what mould this is more often than not a result of how somebody lives. Unless there is a broken drain pipe outside the damp will be coming from inside the property.

ztoical

Ray Palmer wrote: »

PRTB are notorious for not being up todate so you don't know he isn't registered. Tax is a seperate issue and again you don't know about that either. All this "good" advise on how to threaten him may well be useless so don't rely on it.

Follow proper advice and don't assume you have some magic way to trump him. I have been doing this a a long time and tenants have threatened to report me if they didn't get their way over something that was inevitably their fault. One guy threatened me becasue he lost his rent book:rolleyes: so I was avoiding tax apparently!

I always make sure everything is clear at the front including who owes for a TV licence.

As for what mould this is more often than not a result of how somebody lives. Unless there is a broken drain pipe outside the damp will be coming from inside the property.

The OP has stated that they spoke directly with the PRTB on more then one occasion. While I agree the website is not update one would hope in their own office the PRTB are better at record keeping.

Regarding the mold the OP has also started they made a number of efforts to sort the issue themselves. The LL/EA should not have ignored as they have done, they should have called a tradesman in to check on it and if it was found to be as result of the tenant then presented them with the bill.

hdowney

i agree that on here we do get several cases of the LL is a pr!g/the tenant is a pr!g etc. people saying they are going to skip out on contracts, when they haven't spoken to the landlord, and landlords treating people unfairly. it does cut both ways. we do the best we can to give advice, that will not get whoever is asking for it into serious trouble, and can only hope they take it.

in this particular case the tenant to me seems to be doing everything by the book. they have pictures, they contacted the landlord on numerous occasions asking for problems to be sorted out. the landlord won't comply. so the lease is broken. the tenant has every right to leave. they still did the decent thing and gave notice, they didn't just leggit. now the landlord is getting aggressive in my opinion, trying to throw his weight around. this cannot be allowed.

stick it out op. you said wednesday (i think!:o) so you will go on wednesday. do not let yourself be bullied by this scumbag LL. as other people have said contact revenue etc and get it sorted. this chap cannot be allowed to treat others like this (there have been some cases where tenants have cut their own losses, but left the situtation there ripe for someone else to stumble into who might not be as strong as them) and you are the person to show him this through the correct legal avenues so fair play to you.

hope it all gets sorted and you get somewhere nice to live next with decent LL. good luck

eezarthegreat

Here's the latest update:

After speaking with my girlfriend, we've decided to leave tomorrow. I know I know, it's a litte earlier than expected (3days), but I'm doing it more for her than for me.

If I was living alone, I'd put him to the test for sure as I know, thanks to you all, and the PRTB/Threshold, he's in the wrong.

I'll be filing a formal complaint with the PRTB in writing - and following it up. I'll also be getting in touch with the revenue about him taking cash in hand.

We have almost 50 photos documenting the mould, receipts for letters sent. We'll also be photographing the place tomorrow to ensure he tries nothing shifty.

He may think he's got us but I tell you, he has NO idea what's to come

hdowney

eezarthegreat wrote: »

Here's the latest update:

After speaking with my girlfriend, we've decided to leave tomorrow. I know I know, it's a litte earlier than expected (3days), but I'm doing it more for her than for me.

If I was living alone, I'd put him to the test for sure as I know, thanks to you all, and the PRTB/Threshold, he's in the wrong.

I'll be filing a formal complaint with the PRTB in writing - and following it up. I'll also be getting in touch with the revenue about him taking cash in hand.

We have almost 50 photos documenting the mould, receipts for letters sent. We'll also be photographing the place tomorrow to ensure he tries nothing shifty.

He may think he's got us but I tell you, he has NO idea what's to come

at least you know you are moving out for you (well the gf) and not for him. the stress is hardly doing ye any good so getting out of it will help. once your out of it you can go hell for leather at the landlord for everything.

i take it ye have somewhere to go to tomorrow?

keep at it and fair play

eezarthegreat

Exactly

Nowhere as of yet. Will have to return home for a bit (ugh) but it could be worse you know?

If it aint the mould, the damp in the air, the new cough I've developed, the LL or the alcohol-prone neighbour it's something else, so yeah as you can imagine - we're just happy to get out.

Amazing to think that some LLs get away with telling tenants "go **** yourself" and acting so childish. There should be a greater sense of control over them.

Maybe they should, like security, sit exams and formal meetings to enable them to pursue further leases?

The term "open eyes" has a new meaning

hdowney

well pls god you will find somewhere soon. and being out of there your cough will clear up. had mold a while back, nasty stuff all over the place and it left me well ill. was not impressed.

it makes me scared to go anywhere near the rental market these days when you consider the amount of nasty landlords out there, and in these recessionary times they seem to have gotten nastier rather than more understanding. surely a good relationship between tenant and landlord is best these days more so than ever!?