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  • 11-06-2011 9:44pm
    #1
    War Machine 539
    Banned (with Prison Access) Posts: 1,372 ✭✭✭


    I have not signed a tenancy agreement although I have asked my landlord on numerous occasions to bring it to me and he has not.

    I pay six hundred monthly on a 1 bed flat in Drumcondra, it has a shared washing machine and dryer that do not work, the central heating that is supposed to be included appears to be at my landlords discretion, only in the winter months. Pipes are broken, boiler almost exploded, bathroom becomes infested with flies, I think the sewer pipe is leaking into the shower drain ( It stinks of methane ).

    On top of all this he is consistently late with meter tokens which I require for electricity.

    5 times he has been over six hours late, disrupting plans I have made.

    My question is, since I have not signed a tenancy agreement would I be able to leave?

    I should also mention I am in receipt of rent allowance, will this be affected?

    Im sorry if I sound like an idiot but this is my first time renting!

    Thank you!


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    #2
    ShadowHearth
    Registered Users Posts: 22,929 ✭✭✭✭ShadowHearth


    600 for all this? As long as you did not signed anything you cam just walk away. And you just should.


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    #3
    War Machine 539
    Banned (with Prison Access) Posts: 1,372 ✭✭✭War Machine 539


    I am thinking this as well, however will it affect my rent allowance?


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    ShadowHearth wrote: »
    600 for all this? As long as you did not signed anything you cam just walk away. And you just should.

    Absolutely Incorrect.

    Once you accept a property and pay a rent, you have agreed to what was on offer. You have a verbal lease called a Periodic Lease, and it runs probably from month to month (if you pay the rent monthly). It is basically covered by all the laws relating to a Part 4 lease.

    If the flat has a garden/yard/outside space to dry washing, then the landlord does not have to supply a dryer - however, as he has supplied one and it is now not working he should fix/replace it.

    Any complaints you have should be made in writing (keep a copy) and advising him that he has, say, 10 days to effect repairs and sent or given to the landlord so that he can remedy the problems. This is required by law under the RTA 2004 Act (see Tenant's Obligations).
    bathroom becomes infested with flies, I think the sewer pipe is leaking into the shower drain ( It stinks of methane ).
    You should go to the council and ask for a health inspector to visit the flat.
    I should also mention I am in receipt of rent allowance, will this be affected?

    If you change you address (i.e. move to another place) I think that you will have to re-apply for rent allowance - though I may well be wrong.

    Did you not check out the flat before you moved in?


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    #5
    War Machine 539
    Banned (with Prison Access) Posts: 1,372 ✭✭✭War Machine 539


    Thank you for the comprehensive reply! :D I did of course but the issues only presented themselves recently!


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    #6
    ShadowHearth
    Registered Users Posts: 22,929 ✭✭✭✭ShadowHearth


    odds_on wrote: »
    Absolutely Incorrect.

    Once you accept a property and pay a rent, you have agreed to what was on offer. You have a verbal lease called a Periodic Lease, and it runs probably from month to month (if you pay the rent monthly). It is basically covered by all the laws relating to a Part 4 lease.

    If the flat has a garden/yard/outside space to dry washing, then the landlord does not have to supply a dryer - however, as he has supplied one and it is now not working he should fix/replace it.

    Any complaints you have should be made in writing (keep a copy) and advising him that he has, say, 10 days to effect repairs and sent or given to the landlord so that he can remedy the problems. This is required by law under the RTA 2004 Act (see Tenant's Obligations).


    You should go to the council and ask for a health inspector to visit the flat.



    If you change you address (i.e. move to another place) I think that you will have to re-apply for rent allowance - though I may well be wrong.

    Did you not check out the flat before you moved in?

    how is this incorrect? i can pay rent, and if i did not signed a contract i can just walk away if i dont like it. i losse rent or deposit, but there is nothing that they can do to hold me!

    just a question about flies... i presume that toilet is in your apartment. i would not expect my landlord to clean up my poo in toilet. its a basic tidying up and hygiene thing?


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    #7
    War Machine 539
    Banned (with Prison Access) Posts: 1,372 ✭✭✭War Machine 539


    Its not a matter of hygiene, I assure you I am properly toilet trained! The smell is pure Methane. We also did a bit of research on the specific fly thats coming up, its called a moth fly and their larvae hatch inside sewage piping! :( Its the only fly that comes in at all! I myself am not the tidiest, but my girlfriend keeps the place immaculate!


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    ShadowHearth wrote: »
    how is this incorrect? i can pay rent, and if i did not signed a contract i can just walk away if i dont like it. i losse rent or deposit, but there is nothing that they can do to hold me.

    An oral Letting Agreement can be valid.
    The question is whether Landlord and Tenant have entered into a binding contract. There are three basic requirements, They comprise:
    1. Offer.
    2. Acceptance.
    3. Intention to create legal relationship- usually evidenced by contractual consideration passing (i.e. paying the rent).

    You don't necessarily need to sign a contract to be bound by it. All you need to do is accept it; it is the acceptance that is the essential step.

    If a periodic tenancy is oral, it is covered by the law appertaining to Part 4 tenancies. A written periodic agreement may have similar conditions to a fixed term agreement.


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