So I just leave rented apartment

Lenny

Hi, moved into an apartment back in july 2010, it was being looked after by our landlords friend, as the owner lived abroad. anyway long story short i've only ever seen the owner once who called un announced back in august 2011. told me he is looking after everything now and not to contact his friend anymore.
we're paying the rent first of every month. we don't get receipts, we have not been registered with ptrb, we have not bein shown any BER cert.
We have a lot of things that have not been sorted since we moved in, I sent an email on jan 1st 2012, there is mould all over the main bedroom now, all on the roof, around the windows and there does be puddles of water on the window still inside. clothes smell of mould.
he had said this would be fixed as a prioty, but have not hear anything since in 4 weeks. we reported this to his friend last year too(he was very very laid back, always pawned us off.
I have not paid the rent yet for this month, it was due on the 1st of feb.(maybe hoping to get his attention)
we had signed contract when we were in the place about 8months. it was a very bad copy, lot of stuff tipexd off with the prevous tennants names.
we are viewing a place now on tuesday so should I just move into the other place at the start of march & tell the owner to keep our deposit for this month as I feel that the communication and him not living in the country that I will not get anything back.?
I tried ringing ptrb a few times but they're only open until 1pm and its hard in work do be on hold for ages
Is this un reasnonable of me?

suffering

There Is procedures To Follow Before You Can Break The Lease.I Am In A Similar Position. I Am living In A Freezer With Most Of Its Mechanics not Working .

I Got Good Advice . In The Advice Needed On Dangerous Property Thread. You Might Want To Take A Look.

odds_on

Hi, moved into an apartment back in july 2010, it was being looked after by our landlords friend, as the owner lived abroad. anyway long story short i've only ever seen the owner once who called un announced back in august 2011. told me he is looking after everything now and not to contact his friend anymore.

I am assuming that your first lease was a fixed term lease which expired July 2011. Did you sign another fixed term lease or did you not make a new lease but just continued occupancy of the apartment? This is very important to know.
A landlord is entitled to appoint an agent to look after his interests in his property. He is also entitled to look after the property himself. Is he now resident in Ireland?

we're paying 800 pm, first of every month. we don't get receipts, we have not been registered with ptrb, we have not bein shown any BER cert.

How are you paying the rent, by cash, standing order or direct debit? Normally, a lease agreement states that it also acts as a rent book as the agreement gives all the details that are required in a rent book - how, when to whom the rent is to be paid. Failing the issue of a reant arrears notice, it will be determined that the rent has been paid in accordance with the terms of the agreement.
If the tenancy has not been registered with the PRTB, this is the landlord's problem and possibly to your advantage as the landlord cannot make a claim against you unless he is registered; however, you can always make a claim against the landlord whether he is registered or not.
The fact that you have not been shown a BER cert is now basically irrelevant In the Irish Law Society's opinion a rent agreement may be invalid if the tenant was not shown a BER cert. However, although the law states that it is a requirement, there has never been a court case to set a legal precedent.

We have a lot of things that have not been sorted since we moved in, I sent an email on jan 1st 2012, there is mould all over the main bedroom now, all on the roof, around the windows and there does be puddles of water on the window still inside. clothes smell of mould.
he had said this would be fixed as a prioty, but have not hear anything since in 4 weeks. we reported this to his friend last year too(he was very very laid back, always pawned us off.

When advising the landlord of a problem to be fixed under his obligations, you should advise the landlord in writing and give him a "reasonable time" which would usually be say, 14 days - less if it is serious and more if the remedy requires certain specialist work. If you do not specify a time limit, as you have found, it will drag on and on.......
As regards mould in the apartment - this is often the result of the lifestyle of the tenant himself, or the blocking up of ventilation ducts in the rooms affected. Read the posts in this thread:
http://www.boards.ie/vbulletin/showthread.php?t=2056351823

I have not paid the rent yet for this month, it was due on the 1st of feb.(maybe hoping to get his attention)

This is not a good idea (and is illegal) as any claim with the PRTB, for whatever reason, this will be held against you. The adjudicators do not look lightly on a tenant who withholds a rent payment. If you have given the landlord a reasonable time to repair any defects that are his obligation to do, there is no need to withhold rent.

we had signed contract when we were in the place about 8months. it was a very bad copy, lot of stuff tipexd off with the prevous tennants names.

What were the dates on the lease agreement and was it a Fixed Term, Part 4 or Periodic Agreement?

we are viewing a place now on tuesday so should I just move into the other place at the start of march & tell the owner to keep our deposit for this month as I feel that the communication and him not living in the country that I will not get anything back.?
I tried ringing ptrb a few times but they're only open until 1pm and its hard in work do be on hold for ages
Is this un reasnonable of me?

You have not said it directly, but my understanding is that you want to leave the apartment. As you have not indicated which type of lease you have, or the exact start and finish dates of any agreement, it is impossible to advise you of your obligations if you leave the apartment. Clarification of this would give posters the possibility of giving you correct advice.

Lenny

ok, first off thanks for the replys.
I have looked back through my emails & the landlands friend had sent me a .doc with our two names(one was spelt wrong) saying we had taken out a 6 month lease which was renewable after 6 months..
he also scanned us a copy of a "contract" which had the landlords names, an irish address(which I'm led to believe is rented, its their old home)our names were not on this, it was just basicly the rules of the managment company, it also had that the apartment came with beds etc.
about 6 months into this, the landlords friend came with a copy of this. I filled out names out on it, it was the same as what was scanned and I had filled in the dates from july 2010 to july 2011.
that was the last and only thing we had signed.
now I can't seem to find my own signed copy I thought I had scanned it to myself, but it was only for a year, would it be again the rules to upload the plain scanned copy that was emailed at the start? with the names removed..
We pay our rent by transfarring the money into the owners bank account for the 1st of every month.
as far as i know he is not a resident in ireland.
as the mould problem, it is only happening in one room, the rest of the place there is no sign of it.
I pulled the air vent off myself to see if it was blocked and put a new one up.
from outsdie I notice maybe there should be two air vents in the room but it seems there has been fitted wardropes fitted over the other vent.

odds_on

Lenny wrote: »

ok, first off thanks for the replys.
I have looked back through my emails & the landlands friend had sent me a .doc with our two names(one was spelt wrong) saying we had taken out a 6 month lease which was renewable after 6 months..
he also scanned us a copy of a "contract" which had the landlords names, an irish address(which I'm led to believe is rented, its their old home)our names were not on this, it was just basicly the rules of the managment company, it also had that the apartment came with beds etc.
about 6 months into this, the landlords friend came with a copy of this. I filled out names out on it, it was the same as what was scanned and I had filled in the dates from july 2010 to july 2011.
that was the last and only thing we had signed.
now I can't seem to find my own signed copy I thought I had scanned it to myself, but it was only for a year, would it be again the rules to upload the plain scanned copy that was emailed at the start? with the names removed..
We pay our rent by transfarring the money into the owners bank account for the 1st of every month.
as far as i know he is not a resident in ireland.
as the mould problem, it is only happening in one room, the rest of the place there is no sign of it.
I pulled the air vent off myself to see if it was blocked and put a new one up.
from outsdie I notice maybe there should be two air vents in the room but it seems there has been fitted wardropes fitted over the other vent.

That is the information that is needed. You signed fixed term leases which expired in July 2011. When that fixed term lease expired, the lease became a Part 4 lease because you did not sign a new fixed term lease.
Under a Part 4 lease you may leave at any time provided that you give the landlord written a Notice of Termination in the correct manner. A sample copy with notes is available on the PRTB website.
As you have been in the apartment for between 1 and 2 years, you notice period is 42 days. You are entitled to the full return of your deposit less any damage beyond normal wear and tear. If the landlord did not provide a detailled entry inventory stating the condition of all furniture, flooring, walls, ceilings, appliances etc. and signed by you, he will be unable to deduct from your deposit for any damages as he has no proof that the damage was caused by you. Unless, of course, the furniture etc was brand new and he can provide dated receipts to back this up.

Good luck in your new home, and if you are renting ensure that there is a good entry inventory preferably with pictures or video. Remember, that a fixed term lease is much more difficult to get out of should you wish to leave.

Lenny

Thanks for your help, I had read up on the part 4 I am just a bit worried about the deposit as the landlord does not live here, I do not have an address for him. How do i send the written notice? Says on ptrb that email will not do.I had given the deposit to his friend, but on his visit he did say he got the money but his friend told.
this is why I find it easier that I will just leave at the end of the month. The string pull for the shower the plastic is burning when the shower is in use, you can see and smell the plastic. It's quite dangerous and a fire hazard so may use this excuse if the new place suits

odds_on

Lenny wrote: »

Thanks for your help, I had read up on the part 4 I am just a bit worried about the deposit as the landlord does not live here, I do not have an address for him. How do i send the written notice? Says on ptrb that email will not do.I had given the deposit to his friend, but on his visit he did say he got the money but his friend told.
this is why I find it easier that I will just leave at the end of the month. The string pull for the shower the plastic is burning when the shower is in use, you can see and smell the plastic. It's quite dangerous and a fire hazard so may use this excuse if the new place suits

If the landlord is still living outside the Republic, you should be retaining 20% of the rent to be paid to Revenue. Do you have his PPSN?
Perhaps, if you calculate how much you should retain for the Revenue, it would be more than the rent. In this case, I would be inclined to not pay the rent until you have covered yourself to the value that is due to the Revenue. Best to try to keep it in a separate bank account.

You should be provided with a means of contact with the landlord or his agent in emergencies.
Section 12 of the RTA 2004, under landlord obligations states:

(f) 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,

If you have no contact details, the landlord is in breach of his obligations. If you have a copy of the lease, it should state this address - which will probably be the agent that he used. Use this address, although the landlord has "fired" the agent. As stated above, it is the landlord's obligation to provide this contact information.

Lenny

Yes I had read about keeping the 20% I do not have his prsi number. On the agreement it had their home address is templeogue, which I know is rented out. I had asked him were they paying tax and was told yes. So I could claim rent relief, this was abolished in December budget so i never bothered

odds_on

Lenny wrote: »

Yes I had read about keeping the 20% I do not have his prsi number. On the agreement it had their home address is templeogue, which I know is rented out. I had asked him were they paying tax and was told yes. So I could claim rent relief, this was abolished in December budget so i never bothered

Possibly the Revenue will help you if you provide his name and the Templeogue address. As he is not resident in the country, it is your responsibility to retain the 20% and forward it to the Revenue.

I presume also then, that he has not registered the tenancy with the PRTB.

In the UK, if you don't have the landlord's address or his agent's, in England or Wales, you don't have to pay the rent (though you should keep the amount in a separate bank account until such time as the obligation is fulfilled.

variety

Lenny wrote: »

Yes I had read about keeping the 20% I do not have his prsi number. On the agreement it had their home address is templeogue, which I know is rented out. I had asked him were they paying tax and was told yes. So I could claim rent relief, this was abolished in December budget so i never bothered

Rent relief was only abolished for those who were not renting on 07/12/2010. AS you were, you are entitled to claim for it. They backdate for 3 years, so you can still claim your full amount.

Rent relief is still available to everyone who rented on 7/12/10 and will be phased out by 2017 for all those currently eligible for it.