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Problems with accommodation - landlord not registered

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  • 14-07-2012 3:01pm
    #1
    fergd23
    Registered Users Posts: 3 ✭


    Hi

    A friend and myself moved into a flat In March, a large house consisting of 4 flats in total. I've checked on the PRTB website and it is not registered as a rental property. We don't have a copy of the lease (only my friend signed it but I believe it was a standard 1 year contract)

    Basically we've had a few issues since we've moved in and we've stated to the landlord that we wish to move out to which he has refused.

    There is no proper bin collection, there are 2 bins to serve a total of 6 people with the 4 flats. The rubbish is collected sporadically, usually every 2 to 3 weeks after lots of pressure put on him by ourselves when it starts to pile up outside causing both an eyesore on a main street and a bad smell.

    The house a communal central heating system which was turned on for short periods of time in morning and night time during the spring. As the house is old there is no insulation and it still remained quite cold so I can't imagine what it would be like during the winter. It has not been turned on for the last couple of months.

    I spoke to him today in person (when he finally came to fix the cooker) and he was quite blunt and ignorant in reponding to my grievances. I tried to explain in a reasonable manner that the bin and heating situation was unacceptable but he refused to respond to my questions.

    I was just wondering for peoples opinons on our next move?
    Should we just leave or will he have any comeback considering the property is not registered with the PRTB to rent?
    As we don't have his address we can't put it writing at the moment.
    Obviously if we ask him for his address he will know we are taking it forward.

    Thanks


Comments

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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Lodge a complaint with the PRTB. Registered or not, they will investigate.


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    #3
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    The PRTB website us not up to date. The tenancy may be registered. In fact I'd imagine it almost certainly is if the LL owns all 4 flats. Sounds like pre 63 flats to me?


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    #4
    fergd23
    Registered Users Posts: 3 ✭fergd23


    do you mean "section 63 of the housing act 1966"?
    The website says "Please note that this published register is a snapshot of the register at a point in time, generally extracted the last day of each month" so I'd imagine if it was registered it would be on it by now?


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    #5
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    fergd23 wrote: »
    do you mean "section 63 of the housing act 1966"?
    The website says "Please note that this published register is a snapshot of the register at a point in time, generally extracted the last day of each month" so I'd imagine if it was registered it would be on it by now?
    It is a snapshot of the register as the PRTB have updated it - they are extremely slow and the register is not up of date on a monthly basis.

    However, they may provide you with his address as it should be on the lease so it cannot be retained using the data Privacy act.

    However, if your tenancy is not registered, you can make a claim against him, but he cannot make a claim nor a counter claim against you.

    How did you contact him re the cooker?


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    #6
    fergd23
    Registered Users Posts: 3 ✭fergd23


    We just contacted him by phone..
    I will ring the PRTB to see if they can verify if it is registered or not.
    If it's not registered, is it within our rights to just hand back the keys and leave before the end of the contract? I'm not worried about the deposit even at this stage, we just want out.


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    #7
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    fergd23 wrote: »
    We just contacted him by phone..
    If it's not registered, is it within our rights to just hand back the keys and leave before the end of the contract?

    No, you can't just walk away. There are still procedures that need to be followed, such as lodging a dispute with the PRTB.


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    #8
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    For the tenant, it is irrelevant if the tenancy (not the landlord) is registered or not. Non registration does not affect the tenant's rights to claim against the landlord. However, if he has not registered the tenancy then HE cannot make a claim or counter claim against the tenant (until he registers the tenancy).

    If you break the lease the landlord is entitled to pursue you for the rent as it falls due, on a monthly basis. However, if you do leave he is obliged to mitigated his losses by finding a new tenant ASAP - he cannot just leave the property vacant and keep looking for the rent from you. By just leaving, and breaking the fixed term you will forfeit your deposit.

    If you find the new tenant the an "assign" the remainder of the lease to the new person, then you are off the hook and should get your deposit back - even if you have already vacated the property.


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    #9
    theg81der
    Closed Accounts Posts: 1,644 ✭✭✭theg81der


    http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

    Is the property meeting these standards? If I was you I would just leave, I`m sure he will be use to this and won`t pursue you. He gets to keep the deposit so he`s up money for not bothering his butt.


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    #10
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    theg81der wrote: »
    http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

    Is the property meeting these standards? If I was you I would just leave, I`m sure he will be use to this and won`t pursue you. He gets to keep the deposit so he`s up money for not bothering his butt.
    Pre 63 flats do not have to meet those stanards (any house that was subdivided into flats before 1963).


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    #11
    theg81der
    Closed Accounts Posts: 1,644 ✭✭✭theg81der


    LL would hardly know or be ablt ot prove that. Anyway he won`t pursue you just leave. If you want to be particular write your concerns and give him a reaonable period to comply if he doesn`t you can leave, also putting that in a letter - I got out of a tenancy like this few years ago.


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    #12
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    theg81der wrote: »
    LL would hardly know or be ablt ot prove that. Anyway he won`t pursue you just leave. If you want to be particular write your concerns and give him a reaonable period to comply if he doesn`t you can leave, also putting that in a letter - I got out of a tenancy like this few years ago.
    A LL can certainly prove a pre 63 property.
    You don't know what this LL will do and he can legally pursue for rent.
    The majority of houses in Ireland aren't insulated so not sure what people expect.
    It sounds like they are not paying for a bin service if the LL takes care of it. You are meant to pay for bin service.

    In saying that you want to leave just best to say that rather than threats.


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    #13
    StillWaters
    Closed Accounts Posts: 1,799 ✭✭✭StillWaters


    Of course a LL can prove a pre 63. All such accommodation needs to be brought up to date by feb next year, but in the interim the heating system is perfectly legal.

    You don't really have a case to lodge with the PRTB as the LL is within his rights not to accept your notice to quit. You could risk it and go anyway, but you will lose your deposit at least.


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