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Problem with landlord

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  • 20-01-2012 4:31am
    #1
    Registered Users Posts: 16


    Hi guys

    I would love to get some advice on what I can do about this .. I'm in a lease longer than a year and am here only 5 months but I need to get out of the lease asap.

    The reasons well a few of them, which have all been emailed to the landlord who continuously says it will be done this is going on since I moved in and they are still outstanding .. He is aggressive (verbal) and makes me feel quite uncomfortable as where I live his house is also very close by so I see them quite often.

    The latest conversation is he has spent X since I moved in and eventually the rest will be done ... bear in mind this work was supposed to be done when I first moved in .. I am sick of trying to get him to do this and getting abuse from him when I do :mad:

    Some examples:
    Shower was reported to them as faulty I was left without a shower for 3 months (incl Christmas!)only after several calls/texts was it done
    Big problem with mice (live in country) .. Reply ---> get a cat
    Sink needs unblocking
    Various paintwork
    Leaky roof
    Light fittings are faulty
    Smoke alarm not working
    Damp on walls

    This is a very old house, very cold and very expensive to try and heat. I borrowed a thermometer and measured the temp in the house outside was 10oC and inside was 12oC! I am continuously getting colds/flu and as a person who in the past barely got sick I am blaming the house. I feel that it is really time to call it a day. I have now found a new house and am ready to move in but not sure how to go about this.

    Any advice would be appreciated

    Thanks


Comments

  • Closed Accounts Posts: 934 ✭✭✭C-J


    Contact threshold in galway. Why did you move in and sign a lease if the house is such a kip, did you not view the place and do snag list etc?


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    Have a look at the Threshold website, you can terminate the lease with 28 days notice.

    If your rent is up to date and there is no damage to the property then you are entitled to your deposit in full. If the landlord is as problematic as you say then you may find yourself going to the PRTB to get it.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    TenantSOS wrote: »
    Hi guys

    I would love to get some advice on what I can do about this .. I'm in a lease longer than a year and am here only 5 months but I need to get out of the lease asap.

    This, I don't understand. Do you mean that the lease is for a period in excess of one year?
    How long have you bee in the apartment?
    When did you sign the lease?
    What type of lease did you sign - Fixed Term or Part 4?
    The reasons well a few of them, which have all been emailed to the landlord who continuously says it will be done this is going on since I moved in and they are still outstanding .. He is aggressive (verbal) and makes me feel quite uncomfortable as where I live his house is also very close by so I see them quite often.

    The latest conversation is he has spent X since I moved in and eventually the rest will be done ... bear in mind this work was supposed to be done when I first moved in .. I am sick of trying to get him to do this and getting abuse from him when I do mad.gif

    Some examples:
    Shower was reported to them as faulty I was left without a shower for 3 months (incl Christmas!)only after several calls/texts was it done
    Big problem with mice (live in country) .. Reply ---> get a cat
    Sink needs unblocking
    Various paintwork
    Leaky roof
    Light fittings are faulty
    Smoke alarm not working
    Damp on walls

    This is a very old house, very cold and very expensive to try and heat. I borrowed a thermometer and measured the temp in the house outside was 10oC and inside was 12oC! I am continuously getting colds/flu and as a person who in the past barely got sick I am blaming the house. I feel that it is really time to call it a day. I have now found a new house and am ready to move in but not sure how to go about this.

    Any advice would be appreciated

    Thanks
    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.


  • Registered Users Posts: 436 ✭✭Spiritofthekop


    Just move out & dont pay anymore money.

    3 months without a shower is disgraceful.

    Keep all your texts and points of contact on file.

    He wont even dream of trying to go down the legal route with them problems he ignored.


  • Registered Users Posts: 16 TenantSOS


    C-J wrote: »
    Contact threshold in galway. Why did you move in and sign a lease if the house is such a kip, did you not view the place and do snag list etc?

    Thanks for your reply and to everyone else who replied ;) I have been on to Threshold in Galway and even though I sent emails and asked for stuff to be done several times I could be caught :eek: If emails are being sent it must state that he is in "Breach of his obligations" and be given 7 days notice to get the work started. Only after that can I give 28 days notice :mad: They did agree however that he is definitely in breach.

    When I saw the house bear in mind 500 + years old house I went through the house with a snag list with the landlord and then emailed it to him. I have all original emails sent and received.

    I have a meeting with him today and am going to try and give notice. I cannot live here under these conditions and even now if the work was done it's a little too late :(

    Not looking forward to this meeting and I have arranged for someone to be there with me as honestly not comfortable in his company as you never know when he will kick off :eek:


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  • Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    TenantSOS wrote: »

    When I saw the house bear in mind 500 + years old house I went through the house with a snag list with the landlord and then emailed it to him. I have all original emails sent and received.
    If the house is 500+ years why you are surprised it has damp?


    LL is not acting well but a house that old is not every going to be perfect. Really not suitible for rentals as a general rule unless it has been completely renovated and even then it will need specialist care.


  • Registered Users Posts: 1,092 ✭✭✭Mr.Wemmick


    Do not have any more one to one contact with him if you're afraid of him.

    Give your notice to him in writing, no need to see him. You have given him enough time to do the work, it's time to move on and live somewhere where you can enjoy your life and not be afraid of the LL any longer.

    Good luck!


  • Registered Users Posts: 16 TenantSOS


    OK update and thanks to everyone who has replied to me so quickly :)

    I/we have spoken with the landlord and in fairness to him he accepted my notice ... I suggested that he kept the deposit so now all I need to do is put it in writing to him. He said he will reply back to me via letter to accept it.

    It was very amicable which was a relief :)


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    LL won't improve properties unless tenants vote with their feet.


  • Closed Accounts Posts: 934 ✭✭✭C-J


    Why are you suggesting he keep your deposit?! You had no shower for 3 months!


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  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Breaking the lease I assume.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    BostonB wrote: »
    Breaking the lease I assume.

    In lieu of rent owed I should imagine.


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    Generally not in arrears.


  • Closed Accounts Posts: 31 robot5


    I had a problem with a landlord and had no shower working - well it did work but it was freezing. I remember the first time I went under the shower and it came on in all its glory. Flipping freezing. My hair wasn't the same for a few months, I am sure of it.
    Storage heaters didn't create a lot of heat so I had quite a share of colds and slept in bed with four hotwater bottles and earmuffs. Still I have a new found respect for polar bears and penguins since. Living in a freezer can make you appreciate the finer things in life when you get a chance to have them. Fortunately after sixteen and a half months I got another job and being a second job I had more money and bought a fan heater. I spent my savings on keeping warm. It was worth it. Best money I ever spent. Now, I am in better accommodation. I didn't complain to my ll because he was quite ill for a while. I got in a plumber for my shower. Hot water is heaven is my current motto.


  • Registered Users Posts: 16 TenantSOS


    C-J wrote: »
    Why are you suggesting he keep your deposit?! You had no shower for 3 months!


    One I was giving him a months notice so he is taking it from the deposit and two even tho I am moving out in 9 days I felt as I was breaking the 5yr lease it was a sign of good faith ;)

    Also we live in the same town which is small lol I don't want bad feelings :)


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    robot5 wrote: »
    I had a problem with a landlord and had no shower working - well it did work but it was freezing. I remember the first time I went under the shower and it came on in all its glory. Flipping freezing. My hair wasn't the same for a few months, I am sure of it.
    Storage heaters didn't create a lot of heat so I had quite a share of colds and slept in bed with four hotwater bottles and earmuffs. Still I have a new found respect for polar bears and penguins since. Living in a freezer can make you appreciate the finer things in life when you get a chance to have them. Fortunately after sixteen and a half months I got another job and being a second job I had more money and bought a fan heater. I spent my savings on keeping warm. It was worth it. Best money I ever spent. Now, I am in better accommodation. I didn't complain to my ll because he was quite ill for a while. I got in a plumber for my shower. Hot water is heaven is my current motto.

    Lucky you - 4 hot-water bottles, a storage heater, earmuffs. Up until the age of about 15, I didn't have those luxuries, My bedroom had a high ceiling and a large bay window at the front plus a large window at the side. The windows rattled like mad when there anything more than a breeze. We used to put a wedge between the upper and lower window and that allowed plenty of air to circulate.

    Never suffered much from colds. Nor was there any dampness in the house.

    How soft the modern generation are getting.


  • Closed Accounts Posts: 853 ✭✭✭toexpress


    TenantSOS wrote: »
    One I was giving him a months notice so he is taking it from the deposit and two even tho I am moving out in 9 days I felt as I was breaking the 5yr lease it was a sign of good faith ;)

    Also we live in the same town which is small lol I don't want bad feelings :)

    You signed a 5 year lease for a residential property?


  • Closed Accounts Posts: 31 robot5


    odds_on wrote: »
    Lucky you - 4 hot-whater bottles, a storage heater, earmuffs. Up until the age of about 15, I didn't have those luxuries, My bedroom had a high ceiling and a large bay window at the front plus a large window at the side. The windows rattled like mad when there anything more than a breeze. We used to put a wedge between the upper and lower window and that allowed plenty of air to circulate.

    Never suffered much from colds. Nor was there any dampness in the house.

    How soft the modern generation are getting.

    Ah well, I'm grateful for my lot in life despite your view of me. I am lucky thank God. I also do my bit for my local SVP society and I certainly have a unique insight into real deprivation. My mild experience has had a good affect on me I am happy to say.


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