Problems in New Rental Property

Chi Force

Hey guys,

We need some advice regarding our rental situation and would be delighted if anyone could help. We moved into a property one month ago and already we have had a number of very annoying problems. Our cooker was broken for a week before anyone fixed it and even then it was replaced (temporarily – it still hasn’t returned) with a worse one. Our washing machine was jammed shut (with clothes inside) for three weeks. Since the week before Christmas we have had the steady ingress of water into our bedroom through the back wall.
We have raised the issues with the landlord who had the hob and washing machine fixed (albeit with significant delay) and we are now facing possible relocation during works on the apartment in next few weeks for an uncertain duration.

This has all been a massive inconvenience, with the requirement for someone to be in the apartment whenever possible to change towels and mop up the water. In addition, our contents insurance premium is going to be more expensive than quoted because we now have to declare the flooding. There are several other annoying and inconvenient issues which were latent when viewing the apartment and which have come to light over time and our question is whether it is reasonable to ask for some form of compensation and, if so, what it would be reasonable to request.

Thanks!

odds_on

What to do if there is a problem in the accommodation
The Residential Tenancies Act 2004 states in Part 2, Section 16:
(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

This is very important and very few tenants actually do this correctly, as a result, repairs or issues are not remedied and the tenant is constantly phoning or texting the landlord. This goes on for weeks and weeks if not months. Never ever rely on verbal agreements for repairs etc. either before signing a lease or once you have taken up occupancy.
If the tenant has an issue with anything in the property (appliance failure, pest infestation, problems with windows, floors, leaks, heating, etc) that the landlord should maintain under his obligations, then the following steps should be taken:
1. Advise the landlord immediately either by phone or text.
2. Follow up immediately by writing to the landlord (keep a copy), date it and state the failure and give the landlord a reasonable time to remedy the failure. A reasonable time would normally be 7 – 14 days but may be less in serious cases. If the tenant does not give the landlord a time limit for the rectification of the failure, the problem will to drag on and on and on …….
3. Under normal circumstances, if the landlord does not rectify the failure (provided he is liable remedy the matter) within the time limit then he is in breach of his obligations. However, if he has to wait for new parts, then he would not be considered in breach as this is out of his control.

If you have done the above, and the landlord has not remedied the problem then you should be free to leave after a written Notice of Termination (usually 28 days notice but could be 7 days in cases where serious injury or damage to tenant or property are possible) and be entitled to the return of your deposit. Again, keep a copy. There is an Example of Notice of Termination of Tenancy (with notes on its completion) on the PRTB web site which can be used by either tenant or landlord.
By keeping a copy of the letter requesting repairs (make sure it is dated and specifies by when the repairs/replacement should be done) advising the landlord about the failure, you have evidence to back yourself up should there be a claim with the PRTB as regards the landlord’s breach of his obligations.

Chi Force

Update: Having waited and waited for repairs to be carried out, they were done last week, during which time we were moved to an "apartment" upstairs. However, we moved back downstairs and found two new leaks. We now want to leave and have told the agent that we want to send a Notice of Termination. However, she still hasn't given us the address of the Landlord, despite us asking a number of times. How do you go about getting an address from nowhere and is there a legal obligation to provide us with one? We can't serve notice without it so we're stuck and we're on a timeline if we don't want to pay an additional month's rent.

This tenancy has been a nightmare and we just want out.

the_syco

Chi Force wrote: »

How do you go about getting an address

Who is your lease with? Does it have the EA's name, or the landlords name on it?

odds_on

Have you written to the landlord/agent setting out your complaints and given him a reasonable time to remedy the fault/s? If you have, then you are entitled to leave with 28 days notice and retain your deposit.

The first page of your lease should say with whom you have your contract and that person's (business's) address.

The RTA 2004, Section 12 (1) (f) says:

provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

Failure to provide this, makes the landlord in breach of his obligations.

Advise the EA that you will also make a claim with the PRTB for damages from the landlord, for distress and inconvience caused by the landlord not fulfilling his obligations; advise the EA (if the EA is acting as the landlord's agent. The EA may only have been engaged to find the tenant and nothing more. Whether or not you make the claim is up to you, but telling the EA you will be doing so might just make him get his act together.

DR771/2008: The Respondent Landlord shall pay the total sum of €1,600, €400 to each of the Applicant Tenants, within seven days of the date of issue of this Order, being damages for breach of the Respondent Landlord’s obligations, in respect of standard and maintenance, in respect of the tenancy ...

DR1470/2007: The Respondent Landlord has breached his obligations under the Residential Tenancies Act 2004 and shall pay €400 to the Applicant Tenants within twenty one days from the date of issue of this Order being damages for failing to maintain the above dwelling to an appropriate standard and for failing to carry out necessary remedial work to the above dwelling in a timely manner.