Landlords' responsibilities Question?

tanyabond

Just been reading through landlords responsibilities on prtb.ie - http://www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html
And I see under obligations part that landlord must repair and maintain the interior of the property to the standard it was in at the start of the tenancy.
How would you interpret that? Paint the walls now and again?

seamus

Yes. Though "now and again" I would say means every 3-6 years, depending on the traffic in the place.

tanyabond

So painting the walls is all you would think is implied?

seamus

No, any maintenance of the property which is as a result of general wear and tear or which otherwise hasn't come about through the intentional, accidental or neglectful actions of the tenant.

So fixing a broken alarm, painting of rooms, varnishing, repairing banisters, replacing carpets, etc etc etc. It also extends to appliances, so if the toaster dies he must replace the toaster (assuming that the toaster was there when you moved in).

The idea is that you signed a lease for the property based on the condition of the property and the facilities therein. So in order to fulfill his obligations under the lease, the landlord is obliged to maintain the property at that condition (within reason of course).

tanyabond

Ok, but what if in a signed lease it says that the landlord only responsible for "outside only portion of premises for repair and maintenance". Yet the landlord is registred with PRTB. What are the obligations here, just those outlined, or those that prtb states?

seamus

You cannot sign away rights or obligations in a contract. Even if the contract says that the landlord is only responsble for the outside portion, that doesn't mean he can ignore his legal obligations under the Residential Tenancies Act. The law supersedes any clauses in a contract;

12.—(1) In addition to the obligations arising by or under any
other enactment, a landlord of a dwelling shall—

(b) subject to subsection (2), carry out to—

(ii) the interior of the dwelling all such repairs and
replacement of fittings as are, from time to time,
necessary so that that interior and those fittings are
maintained in, at least, the condition in which they
were at the commencement of the tenancy and in
compliance with any such standards for the time
being prescribed,

Subsection (2) is just a clause absolving the landlord of having to effect repairs caused by damage from the tenant.

If this is an actual dispute you are having with your landlord, then I would suggest that you refer it to the PRTB.

tanyabond

Thank you Seamus! I'm just trying to educate myself prior to having any possible problems.
We've been renting for the last 6 years (will be this July) and recently the washing machine has started making a really loud noise. I can live with that, no big deal, but I was worried this could disturb our next door neighbour (who is also a tenant of our landlord). So when my hubby aproached the landlord about it, he said - your problem, you signed the lease etc. Besides that we are worried that should we move out we will not see our deposit due to walls/carpet/second hand sofa being in a bad state.

seamus

Just a word of caution, if you've been in the place for 6 years then your lease may predate the implementation of the Residential Tenancies Act, which blurs the line somewhat on whether or not you're liable.

Definitely go to the PRTB for advice before you go in all guns blazing to the landlord.

tanyabond

Thank you Seamus, I definitely will!

tanyabond

Seamus, Is this http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,1996,en.pdf the act you were quoting? It states in it "carry out repairs subject to tenants liability for damage beyond normal wear and tear". This one is dated 2004 and we started renting in 2005

seamus

Yes, but it's all to do with commencement. Some Acts will be dated (for example) 2005, but may not actually "commence" for a couple of years. The relevant part of that Act was scheduled according to that document to start in December 2004, but you never know if it was delayed or anything.

It probably applies to you, but you'd have to doublecheck.