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Rented Accomodation Problem.

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  • 26-03-2012 11:46am
    #1
    robot7080
    Registered Users Posts: 74 ✭✭


    Hi all,

    We've been living in rented accommodation for almost a year. Our lease is finished and we don't wish to renew it. Are we required to give notice?

    The next problem is with the landlord. We are registered with the PTRB but we are very doubtful of getting our deposit back. We've had workmen calling to the door requesting payment for work they carried out before we were there. Any time something goes wrong we have to pay and we just hear 'ill transfer it to your account on friday' but we never recieve it and just take the liberty of knocking it off the rent. While this might seem OK to some, when we have to pay €2-300 out of an already tight cashflow it makes it a long month.

    Secondly, we waited 3 weeks for the 'someone coming' for a fridge last summer which cost us a fortune in food. When we finally put the foot down we were told someone would be out next week to fix it even though it was fecked and she knew it. We were told that the appliance company wouldn't be able to deliver the new one til the following week. We rang them and they said they could deliver it that day. I paid €280 which ended up getting knocked off the rent.

    Thirdly, we had no heat for 2 weeks in winter. We hadn't registed the gas in our name as the landlord refused to give us the GPRN which we needed. With this in mind she refused to get the heating fixed til we paid it. After a big argument she gave us the number and we paid the bill immediately (we also have all other bills paid to date - it was just the gas) and someone came out to fix the heat. €240 out of my account.

    When we moved in the house was advertised with a gas fire and shed. The shed needed a new roof desperately and we were told it would be fixed the following week. It never happened and due to rough weather it literally has no roof forcing us to leave bikes etc. outside as were not allowed to have them in the house. We went to use the gas fire in october. It didn't work and through her own admission it hadn't been serviced in 5 years. It got fixed on the last day of February...

    The landlord on one occasion asked us to open her post as she needed something from one and was away. The mortgage is in alot of arrears for the past several months. We also don't have another address for her and its very hard to contact her on the phone.

    The house is perfect apart from the odd bits of wear a tear. We are strongly considering withholding the last months rent as I dont believe there is any way we will get it back. What do you all think about this?


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    #2
    Gloomtastic!
    Registered Users Posts: 8,468 ✭✭✭Gloomtastic!


    robot7080 wrote: »
    The house is perfect apart from the odd bits of wear a tear. We are strongly considering withholding the last months rent as I dont believe there is any way we will get it back. What do you all think about this?

    I'd agree with your concerns. Put it in writing to the LL that you are doing this. If they object, ask them to come over and inspect the property with you there. Raise your concerns about the deposit and ask the LL to prove they have sufficient funds to return your deposit. Put them on the back foot at all times if you can.

    Good luck! ;)


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    #3
    robot7080
    Registered Users Posts: 74 ✭✭robot7080


    We were thinking of just avoiding her as we can never get in touch. We no address to send it in writing to either.

    Do we have to give any notice as it'll be at the end of the fixed term lease?


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    #4
    Gloomtastic!
    Registered Users Posts: 8,468 ✭✭✭Gloomtastic!


    robot7080 wrote: »
    We were thinking of just avoiding her as we can never get in touch. We no address to send it in writing to either.

    Do we have to give any notice as it'll be at the end of the fixed term lease?

    You need to let her know, in writing if possible, that you will not be renewing the lease. Call her then text her?


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Its worth bearing in mind that advising someone not to pay their rent is putting them into a situation where they are in the wrong should a dispute arise. Im not saying its not what I would do, and Im not saying that a dispute will arise from it, but right now the landlord hasnt actually done anything wrong with regards the deposit, so just bear that in mind...

    As for notice period; I dont think you are required to give a notice period (unless it says so in your lease), but I think its generally accepted that its good manners to give a months notice at the end of a lease. If you are in the accomodation after the lease has expired, and have not signed a new fixed term lease, then you automatically go onto a part 4 tenancy, and that does have a required notice period (42 days I think for 1-2 years), so that also has to be taken into account.


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    #6
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Gloomtastic! wrote: »
    You need to let her know, in writing if possible, that you will not be renewing the lease. Call her then text her?

    There is nothing in law (but may be in the lease) that says you have to give notice at the end of a fixed term lease, but it is polite to do so. There is, however, a requirement if you want to remain.

    Also, a decent professional landlord would enquire if you were staying.


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    #7
    robot7080
    Registered Users Posts: 74 ✭✭robot7080


    Would it be an option to say to the landlord that we want it in writing that we will recieve the deposit in cash on handover or else we're not handing over rent?

    I know its not exactly orthodox but we paid the deposit in cash (we know this was stupid now...) and its noted on the lease which we signed originally but we only got a copy which its not on (think its on the back page of the original)

    Im not sure if this'll make any difference but we found the landlords address on the lease. Its a UK address though!


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    #8
    tiernanobrien
    Registered Users Posts: 176 ✭✭tiernanobrien


    It seems a bit tricky... technically you'd be in the wrong withholding the deposit. The way i'd look at it is

    1. if you pay rent and dont get your deposit back you're down a months rent.
    2. if you don't pay you'll get you're money back
    3. if it gets taken to court you'll be forced to hand the money over and be down your deposit.

    Seems like the odd's are stacked against you!


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    #9
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    As the landlord is UK-resident, you are required to deduct 20% of the rent and pay it directly to the Revenue.

    I would suspect the landlord is UK resident for the purposes of availing of their more lenient bankruptcy laws.
    tiernanobrien wrote: »
    3. if it gets taken to court you'll be forced to hand the money over and be down your deposit.
    This is a PRTB matter, not a court matter.


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    #10
    robot7080
    Registered Users Posts: 74 ✭✭robot7080


    ****e I didn't know that. Where does this leave us from a legal point of view. Are we liable for the tax? It was paid into an Irish bank account so we didn't even think about the tax implications.

    I think we're going to hold out on paying rent for the time being... its all very confusing!!


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