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What's my rights?

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  • 26-04-2012 6:08pm
    #1
    Registered Users Posts: 167 ✭✭


    Hi, I am a tennant with an issue

    My landlord wants to put up a new kitchen which is good. My partner and I agreed to stay at a relative's house while the kitchen is being done as we cannot live in a house without a kitchen. It goes without saying that we will contribute financially while we stay at our relative's.

    The issue is the landlord expects us to keep paying the rent while the kitchen is being done , even though he knows full well that we will not live in the house during the kitchen thing. His argument is that we will still have a place to sleep?!?! Well, that is checking into a hotel to me.

    My argument is renting a house is the use of the whole house, including kitchen appliances.

    He said the new kitchen is for our own benefit, yes we are going to be using the kitchen but our contract is only for another 8 months and the kitchen is his to keep?!?!

    He is also so nosey, always go around to all the bedrooms and I hate people going to bedrooms with shoes on! In regards to when the kitchen being done and us leaving the house temporarily, he said not to lock the bedroom doors cuz the kitchen fitter wont be nosing around. Can you believe him asking me not to lock my bedrooms when the kitchen is being fitted and im not even in the house?? Well maybe not the fitter nosing around , but its he himself!!

    We and the landlord have been talking about this on and off for months, he keeps stalling and says oh we have to have a chat about it blah blah blah.

    If anyone could advise me or quote me a clause from a landlord - tenant law etc, I would really appreciate it.

    Thank you


Comments

  • Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    Fitting the kitchen shouldn't take longer than 3 days. I can't see why you can't live there while this is happening and get a takeaway, or am I missing something?


  • Registered Users Posts: 3,027 ✭✭✭Lantus


    Agreed,

    There is no real reason to move out. It's a very quick job to remove a kitchen (a days work if that by a few men, took me a day to strip out mine on my own.)

    Installing is relativley simple, Doesn't generate a massive amount of mess or anything. It's just one room. You would still have water to bathroom s and toilets except for short periods when they attach the sink. (and even then if there are local isolating valves theres no need to shut off the water.)

    Check your lease. Dont get moved out over nohing. I would accept a few days of discomfort rather than have this person snoop around. Also, if you rent the whole house you can lock any door you want, end of.

    I cannot see any reason why access to any other room (especially a bedroom) would be required even in an emergency by anyone.


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


    If you are happy with the current kitchen and don't want to have the benefit of a new kitchen, you do not have to let the landlord install one until you vacate the house. Provided, of course that the current kitchen is not a health and safety issue in which case the landlord would be in his rights to install a new one under his obligations to his tenant and the law.

    IMHO there should not be any need to move out. I have installed a kitchen in my own house and it took about a week but I had no problem living there while the work was done.


  • Registered Users Posts: 167 ✭✭marrakechheat


    Thanks for all responses.

    When he said the kitchen was for our benefit, we told him that he didn’t have to fit a new kitchen, though the kitchen is in need of a major makeover. This is because we know what he’s like, he can be very manipulative with his words:
    e.g he expects us to have the heating on constantly and that a stove alone isn’t enough, and he will ask in such a way on the phone "it has been cold today, oh i bet you have the heating on right now". When the house was painted by someone, he phoned my partner several times a day (as well as phoning the painter) asking how things were, even had the nerve to get my partner to ask the painter how many coats of paints he put on.his exact words were "ask him like this, just out of curiosity, how many coats.... " well thats between him and the painter!!
    Sorry for ranting, if I want to talk about all the irritating things about him, I could go on forever. Back to kitchen business, the kitchen is being fitted by one person (his very own brother in law, so he says). I sure hope the kitchen won’t take long – if we can finally have an agreement – but it is quite a large kitchen and with one person doing it, could take a week so people say.
    Of course we want to enjoy the benefit of a new kitchen, but not on his terms and conditions. Being his tenants for 14 months, we have picked up a thing or two about him. he only wants that kitchen fitted for his selling point, so for him to say our benefit is a total bull. he gets that we are annoyed enough by him so there you go. hopefully, we can find another place before the lease is up.
    Perhaps all of u are right, we may not have to leave while the kitchen is being done. However we realise that we won’t be able to cook or wash clothes, so getting takeaways, eating out, asking relatives if we can use their washing machines are what we will have to do. That is exactly why we want the rent money to go to those expenses that occur due to this kitchen fitting. so, we think its only appropriate if we completely leave the house if we want the kitchen to be exempted during the fitting periold.
    Thanks again


  • Registered Users Posts: 170 ✭✭jimmydkid


    I work in renovations and id be surprised if the kitchen took any more than three days to fit, moving out seems like a lot of hassle for the sake of a few days.


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  • Closed Accounts Posts: 1,031 ✭✭✭petethebrick


    I would be delighted if my landlord fitted a new kitchen. I would certainly manage for the few days it took to put in. Of course it is for his benefit not yours but so what - you will have the use of it for the rest of your stay.

    I don't get what your big problem is unless I'm missing something


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    I dont see any reason why you couldnt stay in the apartment for the duration of the work. If this is being done at his request (rather than at yours or to rectify any damage that you have caused) then say to him that you will have to deduct from the rent the cost of eating out and getting your clothes washed externally while the work is being done (tell him you will provide all receipts to show that you are not taking the mickey), but apart from that Id say put up with it for a few days and enjoy your new kitchen!

    Are you on a fixed term lease or a part 4 tenancy? Its worth bearing in mind that one of the reasons a landlord can break a part 4 tenancy is to refurbish the property; now Im not sure if doing the kitchen alone is enough to trigger that clause, but if it is and you make it too awkward for him then he could simply give you 42 days notice to leave before he starts the work. It probably wouldnt come to that granted, but its worth mentioning anyway.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    if he wants to do this then ask for the week free

    if you want it then dont

    simples


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