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Urgent advice needed fast, please help
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07-01-2012 12:42am#1hello,
i was hoping some with more legal know how would be able to give me some advice
so heres the story (aplogies in advance for the wall of text)
mid october me and my partner moved into our 1st house
payed our deposit and signed a one year least
before we signed the lease we made a list of the things the house needed...
a freezer (took 5 weeks to recieve this and it looked like it was taken from a dump)
lamps (the kitchen is the only room with light fittings which all the bulbs were blown and have still not been replaced after been told on day 1 they would be,so we have to move our two lamps from room to room)
mops,buckets etc (again promised from day 1 and still not recived)
also there is still alot of the landlords things in the house..crib,rugs,clothes,childrens toys,art equipment,ornaments,building equiment and over a dozen paint cans
once again from day 1 we were told they would be out by the end of the week
we sent our landlord a email to express these outstanding issues over 3 weeks ago,still nothing has been done even though the next day replied sayin would be sorted in a few days
also we have not been registered with the PTRB as we havnt signed anything or given pps numbers
now while all of that might seem like alot of small problems there has been two issues that are very serious and the landlord has litterally laughed off
1.when we moved in we asked more than once that the fire was ready to use with the response being it was just totally cleaned out just last week,this lie nearly cost me and my girlfriend our lives
it is a gas fire and the chimney was totally blocked
both me and my girlfriend were feeling unwell 1st few days and when we got around to putting the batteries in our carbon monoxide alarm it start going crazy, we rang bord gas, the fire did not have a cut off valve(required by law) and the man sent from board gas said and i quote "im honestly suprised you both are still alive,you should be dead"
the landlord laughed when we rang him about this,laughed! the fire is still without a cut off and has been deemed unsafe for use
2.this happened only today and is the straw that broke the camels back that made me seek advice,our house is 3 stories,we have the top two while a couple in there late twenties live in the bottom, my girlfriend has been ill in recent times and now has to take time off work,while today again the couple below were blaring their music and i mean blaring,my girlfriend went down to complain with the response being the music turned up to full tilt and refusing to answer the door,
about 2 hours later the couple went to their car and was informed that a complaint was made to the landlord (we have the same one) the response to this was a torrent of abuse from the female of the couple which ended in her coming up the large set of steps to our door to attack my girlfriend which resulted in her being left with a foot covered in blood until was able to get the 2 apart and the threat of "dont go out alone,ever".
the guards were then called and the end result of that was "there are no impartial witnesses so theres really nothing we can do unless you want to press charges which will prob end up being thrown out for the same reason"
we then rang the landlord to which the response was "sure thats your own problem to sort out not mine",seeing as all of us are his tentants i think its very much his problem
so since moving in to this house,laws have been broken,we very nearly died and are being phyiscally attacked by one of his tenants and the landlord has not near lived up to his side of the lease
honestly at this point,we just want out,we pay a stupid amount of rent here and that we no longer feel safe or the actions of our landlord,
what are our options? ideally we dont want to stay another month here as who knows what will happen but we dont want to lose our depsoit when we've done nothing wrong
please if anyone could help us out,i really dont know what to do,im scared to go asleep in my own home0
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Awful situation to be in. I'm no lawyer but if it was me I'd be moving out ASAP.
Tell the landlord you want your deposit back and threaten reporting him to the tax man. If he hasn't gotten your PPS numbers off ye then he more than likely isn't paying his taxes.
Also, contact Threshold for advice.0 -
What an awful situation you have there - as suggested above I would contact threshold immediately. Threshold will tell you how to sort out the situation and I am sure you will get your deposit back, it just make take some time.0
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Check with Threshold if you can break your lease as the house seems to be inhabitable and unsafe.1man3letters wrote: »the man sent from board gas said and i quote "im honestly suprised you both are still alive,you should be dead"0 -
Check with Threshold if you can break your lease as the house seems to be inhabitable and unsafe.
Quite simply, write to the landlord (keep a copy) setting out all your issues.
AS the gas problem is so serious, give the landlord 3 days to remedy the matter and 7 days to remedy the other less serious matters. Failure to do so will make the landlord in breach of his obligations and you will be entitled to break your lease, in this case, with 7 days notice and retain your deposit. This is because there is a serious risk to health.RTA 2004, Part 5, Sec. 68, 2 (a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or
(b) 28 days, if the tenancy is being terminated for any other
reason,
Anti-social behaviour of tenants is the landlord's problem and he can remedy it by evicting the tenants with 7 days notice where there is a threat of personal injury.2.this happened only today and is the straw that broke the camels back that made me seek advice,our house is 3 stories,we have the top two while a couple in there late twenties live in the bottom, my girlfriend has been ill in recent times and now has to take time off work,while today again the couple below were blaring their music and i mean blaring,my girlfriend went down to complain with the response being the music turned up to full tilt and refusing to answer the door,
about 2 hours later the couple went to their car and was informed that a complaint was made to the landlord (we have the same one) the response to this was a torrent of abuse from the female of the couple which ended in her coming up the large set of steps to our door to attack my girlfriend which resulted in her being left with a foot covered in blood until was able to get the 2 apart and the threat of "dont go out alone,ever".
the guards were then called and the end result of that was "there are no impartial witnesses so theres really nothing we can do unless you want to press charges which will prob end up being thrown out for the same reason"
we then rang the landlord to which the response was "sure thats your own problem to sort out not mine",seeing as all of us are his tentants i think its very much his problem
It would appear that your landlord does not know the law. If the landlord has not registered the tenancy with the PRTB, this is to your advantage in that if you make a claim against him, he cannot make a claim against you.0 -
If it where me I wouldnt pay the rent then see how quick the landlord is to sort out the problems, or you could not pay the rent and use it to move or as compensative for nearly loosing your life and getting attacked by the animal downstairs
Sure you can go to threshold or the prtb (btw it takes ages them to send out the registration letter to you), but both agencies can only recommend solutions they cant enforce them likewise we have no proper laws in this land to deal with the behaviour of both landlord or tenants so i'd cut my losses and go0 -
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Sure you can go to threshold or the prtb (btw it takes ages them to send out the registration letter to you)
Just to point out from OP that they haven't signed the forms or been asked for their pps numbers, so it hasn't been registered at all, rather than having been registered and just not having received the letter...0 -
Just to point out from OP that they haven't signed the forms or been asked for their pps numbers, so it hasn't been registered at all, rather than having been registered and just not having received the letter...
If they haven't signed a lease they then automatically have a Part 4 lease and both landlord and tenant are subject to all its terms and conditions as set out in the RTA 2004.
If the tenancy has not been registered by the landlord, it is in fact irrelevant to the tenant and is to his benefit as the tenant can always make a claim against the landlord but the landlord cannot make a claim or counter-claim against the tenant.0 -
thanks for the help guys,we left message with threshold, there not open to monday
just say clear up we have signed a lease,just not anything else
this guy should be on landlords from hell
hes now taken to not returning his calls so today he will recieve a 4 page long email with laws broken,legal acts and every problem from day 1
again guys thanks for the help,im at my wits end,havnt slept in last 2 days since the assalt happened0 -
Do not pay anymore rent until he contacts you.0
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Spiritofthekop wrote: »Do not pay anymore rent until he contacts you.
If a claim is made to the PRTB by either tenant or landlord, the fact that the tenant has not paid a rent period does not go well for the tenant and is held against the tenant, to a greater or lesser degree, in any decision made by the PRTB.0 -
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Just a note on the gas. One place we had did not have the cut off valve. We were told a new installation would need the valve but an existing one doesn't.
There needs to be another vent in the room besides the chimney for gas appliances.
I am no expert but it was what I have been told by more than one gas fitter.
Unless you disconnect the gas fire there is no way of knowing if the chimney is "totaly blocked". Lack of shut off valve doesn't make the place dangerous as suggested. The monitoring going off does, assuming it itself isn't faulty.
Just move out based on the tenant attack alone. I can see why the LL wouldn't get involved as even the police won't.0 -
Can you tell us where this ****hole is so none of us end up renting it by accident?0
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He can be fined for renting a place out like that.Local authorities
Local authorities are responsible for ensuring that private rented accommodation meets certain minimum physical standards. If your dispute relates to problems with your accommodation or to noise pollution they may be able to help. Talk to your local authority Environmental Health Officer for more information.
http://www.citizensinformation.ie/en/housing/renting_a_home/disputes_between_landlords_and_tenants.html0 -
1man3letters wrote: »thanks for the help guys,we left message with threshold, there not open to monday
just say clear up we have signed a lease,just not anything else
this guy should be on landlords from hell
hes now taken to not returning his calls so today he will recieve a 4 page long email with laws broken,legal acts and every problem from day 1
again guys thanks for the help,im at my wits end,havnt slept in last 2 days since the assalt happened
Do not pay another cent in rent - but move out immediately and use the rent for a hotel room.0 -
This country makes me sick sometimes. Law protection? Any other country that would have resulted in arrest.0
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Really post a link that proves that.This country makes me sick sometimes. Law protection? Any other country that would have resulted in arrest.
Forgetting the the petty stuff like mops etc... the tenant assult is out as that is not the LL fault. It boils down to a possible damaged gas fire or blocked vent.
The only thing I can think the is even close is the three people who died in a rented place from carbon monxide posining but that was their fault for blocking all the vents.
The LL should address the fire but the OP should move out due to the assault. Why a LL should provide mops and general cleaning equipment is beyond me.0 -
Ray Palmer wrote: »Really post a link that proves that.
Forgetting the the petty stuff like mops etc... the tenant assult is out as that is not the LL fault. It boils down to a possible damaged gas fire or blocked vent.
The only thing I can think the is even close is the three people who died in a rented place from carbon monxide posining but that was their fault for blocking all the vents.
The LL should address the fire but the OP should move out due to the assault. Why a LL should provide mops and general cleaning equipment is beyond me.
well imo the assault was his problem because it was his tenants did it in my home (trespassing also) and a landlord is responsable if there is antisocial or violent acts towards other tenants and for a tenant to have exclusive enjoyment of there home,which we did not (its said in on the the links i was given so i just going by what the law says)
i dont think that we had no freezer for 5 weeks is petty,its a basic tenant right,also with the other things they were said theyd be got so they should of
and about what u were sayin about the fire, i got my information from the man who was sent to the house by bord gas so id take his word he knows the law of the job he works for
he legalily has 7 days max to fix it,its been over 3 mths0 -
Ray Palmer wrote: »Really post a link that proves that.
Forgetting the the petty stuff like mops etc... the tenant assult is out as that is not the LL fault. It boils down to a possible damaged gas fire or blocked vent.
The only thing I can think the is even close is the three people who died in a rented place from carbon monxide posining but that was their fault for blocking all the vents.
The LL should address the fire but the OP should move out due to the assault. Why a LL should provide mops and general cleaning equipment is beyond me.
Good morning; interesting that once more you challenge me! Seek via google... Try Canada where relatives live and rent.
If the ll wants his house cleaned then yes he should provide the means to do that. Absolutely so.0 -
1man3letters wrote: »well imo the assault was his problem because it was his tenants did it in my home (trespassing also) and a landlord is responsable if there is antisocial or violent acts towards other tenants and for a tenant to have exclusive enjoyment of there home,which we did not (its said in on the the links i was given so i just going by what the law says)
i dont think that we had no freezer for 5 weeks is petty,its a basic tenant right,also with the other things they were said theyd be got so they should of
and about what u were sayin about the fire, i got my information from the man who was sent to the house by bord gas so id take his word he knows the law of the job he works for
he legalily has 7 days max to fix it,its been over 3 mths
It is really simple when it comes to the alleged assault. There is no way for the LL to be able to determine what happened the same way the police can't. The other tenant just has to say your partner was abusive and threatening and they defended themselves. Those tenants also have the right to enjoy their home and not have somebody banging on their door. How do you reckon the LL can determine who is the victim or if the two of you are in it. It sounds like your partner started in a confrontational manner from what you said. I don't know either party and I have no idea what went down and you weren't there either but will obviously side with your partner
You really should read all comments made. I am not a gas expert and can only tell you what I was told. Legislation changes all the time so maybe there is now a requirement or I was told something in error. The shut off valve still won't effect the flue situation.
I have said move and have said the fire should be fixed. More fool anybody that sees a place that isn't up to standard and signs a lease taking a persons word that they will get other things. I still think it riddiculious to expect the LL to provide cleaning equipment. You will know better next time0 -
Good morning; interesting that once more you challenge me! Seek via google... Try Canada where relatives live and rent.
If the ll wants his house cleaned then yes he should provide the means to do that. Absolutely so.
Sorry what Canada got to do with it? Was that mentioned earlier in the the thread?
What a LL should provide is outlined here...
http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html
Obligations of tenants is outlined here...
http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html0 -
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I find it incredible that you were attacked in your own home and threatened and the gardai can do nothing. If you say you have a bloody foot then please takes pictures and make detailed records of the incident. I would encourage you to also go to a doctor for treatment and to ensure another person has records of the injuries you received. I would be taking photos of absolutely everything to ensure you can support problems as much as possible.
If the downstairs tenant is playing music so loudly then thats a problem in itself for the landlord surely. Can they be reported for noise polution etc?
Can you get the bord gais report in writing and have it documented that you could have died?
I would ask to have a face to face sit down meeting with the ptrb urgently to discuss all of this. To be honest considering the severity of the problems you face i would even consider contacting a paper or a landlords from hell type programme.
At the end of the day you've been told you're lucky to have your lives right now, if it were me that would be enough to move out straight away and consider myself lucky with my life. Good luck0 -
Your best bet is to contact that PRTB they are very hard on Landlords and there is a fine for not registering a new tenancy which he is now liable for. He will then HAVE to register the tenancy and if at that point the issues are not addressed then he will be forced by the PRTB.
Remember it is a matter for the PRTB to investigate if a tenancy has not been registered so that is the first step.
Frankly it sounds like you rented a dump to me. No lights etc my best guess is that it doesn't meet the minimum standards for rental accommodation so if there is even the most tenuous grip on an issue surrounding Health and Safety then you can contact your local council who will become involved.
Basically make this as difficult for the Landlord as possible
Just to add to that, if the landlord offered a property with certain contents, like furniture and white goods, and you agreed to take it on that understanding then he is not under any obligation to provide you with mops/buckets or anything that was not already there. However, if he made an agreement to do so then he is liable. The rub here is you need to have that in writing.
In regards to the anti-social behaviour, there are certain situations where the Landlord can be held responsible for such criminal acts assuming that the offenders are his tenants as well. This usually relates to issues surrounding drugs and prostitution. I have never heard of it in regards to assaults and to be totally honest I have never heard of the Garda bringing a charge in respect of this particular issue so you are most likely at nothing there.0 -
I don't think that means what you think it means. I understand that to be more relevent to privacy from your landlord rather than anti-social issues from your neighbours.1man3letters wrote: »...for a tenant to have exclusive enjoyment of there home...
Just saying.0 -
I don't think that means what you think it means. I understand that to be more relevent to privacy from your landlord rather than anti-social issues from your neighbours.
Just saying.
Exactly, it means that the if the Landlord or any agent/representative for the Landlord wishes to have access to the property this must be done by appointment.
In short, if the Landlord wants to come to carry out an inspection of the property the tenant must have not less than 7 days notice0 -
Your best bet is to contact that PRTB they are very hard on Landlords and there is a fine for not registering a new tenancy which he is now liable for. He will then HAVE to register the tenancy and if at that point the issues are not addressed then he will be forced by the PRTB.....
Are they really though...
http://www.independent.ie/national-news/crackdown-on-unregistered-landlords-who-get-state-funds-2800483.htmlThe agency has recently received data on 17,000 landlords in receipt of payments from the Department of Social Protection.
Up to half may not be registered,0 -
I know, but it is the correct course of action to be followed.
Look I am biased I admit as a landlord but the reality is that the PRTB is just a major quango.0 -
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If it works and is hygienic, there is little you can do at this stage.1man3letters wrote: »a freezer (took 5 weeks to recieve this and it looked like it was taken from a dump)
If you are saying that there are no working lights in the other room, then this is unacceptable. I would wonder if there is a tripped fuse.lamps (the kitchen is the only room with light fittings which all the bulbs were blown and have still not been replaced after been told on day 1 they would be,so we have to move our two lamps from room to room)
There is no obligation to provide such things. It is for the tenant to provide them.mops,buckets etc (again promised from day 1 and still not recived)
I would wonder if these are actually owned by the landlord and suspect they are actually owned by previous tenants. Alternatively, I would wonder if the landlord is in full control of their affairs.also there is still alot of the landlords things in the house..crib,rugs,clothes,childrens toys,art equipment,ornaments,building equiment and over a dozen paint cans
once again from day 1 we were told they would be out by the end of the week
You need to move to written letters sent by registered post if necessary.we sent our landlord a email to express these outstanding issues over 3 weeks ago,still nothing has been done even though the next day replied sayin would be sorted in a few days
It is possible that you were registered, but given the other facts, one wonders if this is the case. However, as mentioned by the others, this doesn't stop you bringing a complaint about the property / landlord to the PRTB.also we have not been registered with the PTRB as we havnt signed anything or given pps numbers
Make a complaint to the housing department in your local council. Mention the carbon monoxide problem and ask for the property to be inspected as soon as possible.1.when we moved in we asked more than once that the fire was ready to use with the response being it was just totally cleaned out just last week,this lie nearly cost me and my girlfriend our lives
it is a gas fire and the chimney was totally blocked
both me and my girlfriend were feeling unwell 1st few days and when we got around to putting the batteries in our carbon monoxide alarm it start going crazy, we rang bord gas, the fire did not have a cut off valve(required by law) and the man sent from board gas said and i quote "im honestly suprised you both are still alive,you should be dead"
Is this the only heating in the place?
Unacceptable. Their landlord (also your landlord) is responsible to you for their behaviour. However, a once off in the middle of the day is probably acceptable, even if it is difficult for your girlfriend. Maybe the other person was also having a difficult time.2.this happened only today and is the straw that broke the camels back that made me seek advice,our house is 3 stories,we have the top two while a couple in there late twenties live in the bottom, my girlfriend has been ill in recent times and now has to take time off work,while today again the couple below were blaring their music and i mean blaring,my girlfriend went down to complain with the response being the music turned up to full tilt and refusing to answer the door,
To be fair, this sounds as if your girlfriend was being provocative.about 2 hours later the couple went to their car and was informed that a complaint was made to the landlord (we have the same one)
Then press charges. You might find it useful to talk to a solicitor. Keep notes on what happened and take photos.the response to this was a torrent of abuse from the female of the couple which ended in her coming up the large set of steps to our door to attack my girlfriend which resulted in her being left with a foot covered in blood until was able to get the 2 apart and the threat of "dont go out alone,ever".
the guards were then called and the end result of that was "there are no impartial witnesses so theres really nothing we can do unless you want to press charges which will prob end up being thrown out for the same reason"
On the day, there is little a landlord can do if neighbours can't control themselves. However, if it is a continuing behaviour, then yes, a landlord has responsibilities.we then rang the landlord to which the response was "sure thats your own problem to sort out not mine",seeing as all of us are his tentants i think its very much his problem
Talk to Threshold, the PRTB and the council housing department. Write to the landlord (or have someone write to the landlord) stating in clear terms what the problems are, how soon you expect them fixed and state that if they are not fixed within those time frames that you will be considering the landlord in breach of the lease and that you will be leaving and expect the prompt return of the deposit. threshold may help you in writing hte letter.honestly at this point,we just want out,we pay a stupid amount of rent here and that we no longer feel safe or the actions of our landlord,
what are our options? ideally we dont want to stay another month here as who knows what will happen but we dont want to lose our depsoit when we've done nothing wrong
Perhaps take a weekend away or go stay for a few days with friends or family to let things clear.1man3letters wrote: »again guys thanks for the help,im at my wits end,havnt slept in last 2 days since the assalt happened0 -
There is no obligation to provide such things. It is for the tenant to provide them.
I would wonder if these are actually owned by the landlord and suspect they are actually owned by previous tenants. Alternatively, I would wonder if the landlord is in full control of their affairs.
Unacceptable. Their landlord (also your landlord) is responsible to you for their behaviour. However, a once off in the middle of the day is probably acceptable, even if it is difficult for your girlfriend. Maybe the other person was also having a difficult time.
To be fair, this sounds as if your girlfriend was being provocative.
Then press charges. You might find it useful to talk to a solicitor. Keep notes on what happened and take photos.
On the day, there is little a landlord can do if neighbours can't control themselves. However, if it is a continuing behaviour, then yes, a landlord has responsibilities.
Perhaps take a weekend away or go stay for a few days with friends or family to let things clear.
thanks for such a informative post man,apreicate it
just to comment on few things i quoted
1.we had it wrote into out lease/contract so yes it was
2.yes they are the landlord things,confirmed by him on day 1
3.it was not a once off, karaoke parties till 5am plus we just had enough at that point
4.seeing as they walked up the 12 foot set off stairs to our house after turning the music up as loud as possible when tried knock on door, id say they provocaited things, she only told them what they wouldnt answer the door to hear nothing more
5.we have photos taken and plan to,local paper also
6.we are moving out sat and to be honest that not soon enough0 -
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I don't foresee a scenario where your ll suddenly becomes understanding and your neighbours less unsocial.
How much deposit/advance rent have you paid?
What is your notice period?
Is your rent so very much cheaper than alternatives?0
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