Problems with Landlord - what can I do?

msv

Hi,

I've moved into an apartment almost a year ago. At the time we started with the wrong foot, since most of the things the landlord's representative had agreed to fix / provide at the time we moved in were not ready. The electricity was only turned on 3 days after the contract started, and we had to stay in a hotel for those days - we deducted that expense from the first month of rent. After that, we had an issue for 3 months were the landlord did not provide the parking clicker, so we couldn't use the parking. We also deducted that from the rent. Both situations had been discussed with the landlord representative when viewing the apartment, more than a month before moving in.

All was solved and we haven't had much contact over the months. My problem is that we signed a 1 year lease contract and haven't received our copy yet, and I'm afraid I might be in trouble when it's time to get the deposit back or renew. We've been in the apartment for 10 months now, always paid the rent in time and asked for the contract several times by email - no reply.

Could this be an issue? I have evidence of the emails I sent, and of the payments that were made, I'm just trying to figure out how much of a problem this might be.

Thank you!

Doop

Ring the agency and if you cant speak to someone leave a message to say you will drop into the office on x day at x time to collect a copy of the lease. Drop in at the time and stay until they copy it for you.

I cant really see it being a big deal when you do want to move, should you have a copy or not. But for your own peace of mind I would do as above.

msv

Thanks for the quick reply!

Issue is that this representative is not an agency, supposedly is a "friend" who was doing a favor to the owner. I already reached out to this representative, he told me the landlord has the contract and it's not his business, I should reach out to the landlord himself.

Anyway, just wanted to make sure there is not any issue with not having it at time of renewal, so thanks for your help!

Marcusm

Why deal with the friend and not the landlord? If the landlord is overseas, you should be withholding tax from the rent payments and sending it to the Revenue rather than paying him gross. Only exception is where the rent is paid to an Irish agent. Sounds like you've been very reasonable; I certainly would not be happy either as a tenant or landlord to let a property without electricity.

odds_on

The fact that you do not have a copy of the lease doesn't negate anything in the lease that you signed. It just means that you may not know or be aware of some of the special conditions over and above the minimum as set out in the RTA 2004.
However, as the lease usually also acts as the rent book, the landlord may be in breach of his obligations by not supplying one. A rent book must include quite a lot of details as regards the property, both parties and how the rent is paid. Therefore, IMHO, if you do not have a copy of the lease, you do not have a rent book.
If you intend to remain in the property at the end of the fixed term, and you do not sign a new lease, then you will have a Part 4 lease and this makes it much easier for you to leave while the landlord can only evict you if he wants the property for himself or a close relative or if he wishes to sell the property (plus several other reasons which are not very likely).
As regards the deposit, the return of it is not affected whether you have a copy or not, it is on the condition of the property at the end of the lease as opposed to its condition when you moved in excluding normal wear and tear.