Rats in leased house

doodles24

Hi all,

Just wondering if anyone could help us with a problem; we are currently signed into a year lease that will end in April 2012- but ever since we have moved in there hasnt been a month gone by where we havent had to contact the landlord about something-such as heating, drains, washing machine etc. The fact that it is an old house hasnt helped. However, the latest problem has pushed us over the edge-as we know have rats. Our landlord did put down traps in the attics and some poison but it has yet to have an affect. We were just wondering are we anyway entitled to break our lease and get out deposit back- or are we just to take the hit and lose the deposit?

Thanks very much

focus_mad

doodles24 wrote: »

Hi all,

Just wondering if anyone could help us with a problem; we are currently signed into a year lease that will end in April 2012- but ever since we have moved in there hasnt been a month gone by where we havent had to contact the landlord about something-such as heating, drains, washing machine etc. The fact that it is an old house hasnt helped. However, the latest problem has pushed us over the edge-as we know have rats. Our landlord did put down traps in the attics and some poison but it has yet to have an affect. We were just wondering are we anyway entitled to break our lease and get out deposit back- or are we just to take the hit and lose the deposit?

Thanks very much

The Landlord has accepted there are rats by being willing to put down traps etc.

Mice aren't too bad but rats carry diseases and are a serious health risk, I.e. Contamination.

I'd say you may have grounds for breaking the lease as that is a serious health issue.

fro9etb8j5qsl2

I had a problem similar to this a while back. Can't remember exactly where (maybe citizens advice website), but I read somewhere that in a situation where your health is being compromised, legally, the landlord is obliged to either break the lease OR provide you with alternative accommodation while the problem is being repaired.

Cicilulu

http://www.threshold.ie

All your rights as a tenant are clearly outlined on the above site. You can get out of your lease early.

toexpress

Effectively the Landlord has breached the lease anyway so you should formally write to him setting out your situation and your stand point on it. If he doesn't address the issues at that point then you are entitled to take action.

Sadly this action has to be lodged through the PRTB and they will make the decision in the matter.

If you walk now then you could have a difficulty. Firstly there may be a provision in the lease that you might fall liable for the rest of the cost of the lease. It can often be in the fine print. Secondly, if you walk out now he might not give you back the deposit and you could have a fight on your hands to get it.

You are of course entitled to terminate the lease at any point if you give the required notice.

odds_on

What to do if there is a problem your 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. Very few tenants actually do this correctly, as a result, repairs or problem 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 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.

CricketDude

Would you not call in the exterminators and deal with the rats yourself?
It always amazes me the way people wait for someone else to solve a problem that is clearly putting themselves and their family at risk.
If it was me I would have rentokil out straight away.
At least call your local council. They have people who will deal with rats.

Ray Palmer

Rats don't live in isolation so are not going to be unique to your rented property. The council in a built up area will do something about it. Unless the house is specifically over run with them I think you may be pushing it to say your health is in major risk.

I have lived and worked a number of place where rats have appeared. Normally a result of recent building work in the area or a major food source.

If the LL has been quick to fix any problems then he is doing his job and you can't really complain nor break the lease. He'll probably let you go if you follow the correct procedure outlined.