Advise needed about unpleasant letting agent

Dublin_Mom

Hello,

Long story but I will be as brief as possible. We wanted to rent for 5 months but minimum we could get was 6. So letting agency no 1 said the 5 should be no problem, but you need to sign the 6 month lease anyway. So we did (probably shouldn't but we did)
So, letting agency changes (I think the LL who lives abroad had a dispute with agency no 1) and agency no 2 comes on scene.

When we moved into the house the washing machine was broken. it was not replaced for 6 weeks and only after many emails and phone calls. agency no 2 blamed agency no 1 etc, but basically LL was too mean to shell out for a new one until he really had to.
second issue was a blind in the main living room with mold growing on it. LL said it was just a cosmetic issue, i said actually no, it is a health issue. agency no 2 said LL had been in touch with blinds people to get a new one. 4 months later, no replacement blind (surprise surprise)
i gave 2 months notice that we would be leaving at the end of the 5th month. agency no 2 now demanding that we pay rent for the 6 months, and LL insisting he knew nothing about a 5 month agreement. in fairness maybe he wasn't told by agency no 1

so, what to do? I am normally a very legally abiding person and do not intend to leave anyone short of money but the facts:

1. I gave twice the statutory notice that we were leaving. They should be able to relet easily. I also agreed to give them access to show the property and also to photograph.

1. they have a security deposit as normal. i asked when they would do an inspection. agency said they would inspect 2 days after we moved out then submit a report to the LL on findings. and he would decide on the return of the deposit. Is this normal with an absentee LL or does the agency not usually make that decision?

2. agency is of course mad to get the keys back (post back into letter box ) . i know i can not legally withhold them, but then i have nothing to bargain with for my deposit

3. agency no 1 did inspection of place before we moved in and now agency no 2 will inspect when we leave. what if both have different standards?

4. i am expecting trouble as the tone of this letting agent is very menacing. i do not want a scenario of him coming to the house and making trouble but what can i do to safeguard my position legally?

thanks for any advice

D3PO

You signed a 6 month lease you have to stay for the 6 months. Your verbal discussion with a non acting agent is worthless.

seriously when told to sign for 6 but told sure 5 would be fine you should have realized you were going to be held to the 6. It doesn't take a rocket scientist to figure out they were just trying to placate you.

Dublin_Mom

gee thanks for that, sunshine. you sound just like my letting agent

(hmmmm)

D3PO

Dublin_Mom wrote: »

gee thanks for that, sunshine. you sound just like my letting agent

(hmmmm)

i probably do because both me and your agent are correct. You signed a 6 month lease ergo you have to stay 6 months.

djimi

You mightnt want to hear it but its the truth. You signed a 6 month lease; you are legally bound to stay there for the 6 months agreed. There is no notice period that can change this; your only option is to reassign the remainder of the lease to another tenant, but given the time frame (one month in the difference) this probably isnt going to make any difference financially.

When it comes to this kind of thing verbal agreements mean absolutely nothing. If its not in writing then it didnt happen.

Procrastastudy

D3PO wrote: »

You signed a 6 month lease you have to stay for the 6 months. Your verbal discussion with a non acting agent is worthless.

seriously when told to sign for 6 but told sure 5 would be fine you should have realized you were going to be held to the 6. It doesn't take a rocket scientist to figure out they were just trying to placate you.

If you can prove the agreement was for 5 months and the contract is in error in recording 6 you may be able to challenge it. However that would require going to court and not the PRTB and telling a few porkies on your side because you've admitted you spotted the 'error'. In short it's probably not worth the fight.

Is the LL registered with the PRTB - I'd start making noises that you are going to become a pain in the bottom and hope that helps. It's unlikely too.

If I was in your situation I'd probably just not bother paying the rent for the last month and let them keep the security deposit. Take photos of the place and leave it in a decent state and hope they don;t take you to court for the rent. Others will probably, rightly, disagree.

Dublin_Mom

D3PO wrote: »

i probably do because both me and your agent are correct. You signed a 6 month lease ergo you have to stay 6 months.

So I am expected to abide by all the rules, while he can leave me without washing machine for weeks, and a moldy blind?

fairness works both ways, in my opinion.

Procrastastudy

Dublin_Mom wrote: »

So I am expected to abide by all the rules, while he can leave me without washing machine for weeks, and a moldy blind?

fairness works both ways, in my opinion.

The two are unrelated in all honesty. As for the mouldy blind would a wipe not have resolved that issue?

You can also, the the LL is unwilling to make repairs, do it yourself and then recover the cost from the rent. I don't know why more people don't do this.

Dublin_Mom

Procrastastudy wrote: »

The two are unrelated in all honesty. As for the mouldy blind would a wipe not have resolved that issue?

You can also, the the LL is unwilling to make repairs, do it yourself and then recover the cost from the rent. I don't know why more people don't do this.

No, we didnt want to do anything to the blind as it is an expensive linen fabric, so I didnt want to go wiping it in case it would damage the blind further.

A handyman from the agency eventually came out and sprayed the blind but even he said he didnt think the spray would help.

It is very interesting here that so many people seem to think it is acceptable for the LL to be irresponsible but the tenant must always abide by the rules

djimi

Dublin_Mom wrote: »

It is very interesting here that so many people seem to think it is acceptable for the LL to be irresponsible but the tenant must always abide by the rules

Noone is suggesting that. You both have signed a legal document and if either side have grievances then there are legal routes that must be followed in order to resolve them. There is no point talking about fairness or whatever; it doesnt matter a jot in legal terms.

If you have a problem with a landlord then there is a process to be followed. You put your complaints in writing, outlining the problems and issuing a date by which you expect a resolution plan to be in place. If this date passes without satisfactory conclusion you follow up with another letter, giving a further date, and explaining that your next step is to lodge a complaint with PRTB.

Its a poxy system and a drawn out process but it is what it is.

Threshold will most likely be able to give you the relevant advice better than I have just done.

BostonB

Dublin_Mom wrote: »

...It is very interesting here that so many people seem to think it is acceptable for the LL to be irresponsible but the tenant must always abide by the rules

Unfortunately, you didn't follow the rules when dealing with the LL failures.

The LL showed their true colours over the washing machine. It was very likely he'd do something similar over the contract and deposit.

The_Conductor

The very first post on this thread was screaming out at me........ The landlord lives abroad, and fired the letting agent (reason ungiven) and is generally unconctactable..........

Totally aside from the 5 month / 6 month issue- you do know that you probably should have been witholding tax from the rent and forwarding it to the Revenue Commissioners, as the landlord is non-resident?

At this stage- I'd suggest contacting Threshold to see what your options are- but I wouldn't hold out much hope- as you did sign the 6 month lease..........

xper

smccarrick wrote: »

...you do know that you probably should have been witholding tax from the rent and forwarding it to the Revenue Commissioners, as the landlord is non-resident?

If the rent was being paid via the letting agent then that would not be the case, the holding back of the tax would be the agent's responsibility and not the tenant's concern.

OP, I sympathise with your situation but, as everyone is pointing out, you shot yourself in the foot at the beginning of this episode with the 5/6month confusion. You'll know next time. Talk to Threshold, they might come up with a way of proceeding that will get you some of your money back but I can't see how myself.

Procrastastudy

Dublin_Mom wrote: »

It is very interesting here that so many people seem to think it is acceptable for the LL to be irresponsible but the tenant must always abide by the rules

You and this LL sound made for each other in all honesty.

BostonB

No need for that.

The OP probably doesn't have the experience of dealing with people to know the signs of someone who is going to mess around. Or that if you let the small things slide it always comes back to bite you.

Procrastastudy

BostonB wrote: »

No need for that.

The way the OP responds to posts seems to indicate a certain attitude. That attitude is likely to be reflected by others. I tip my hat to you for being the bigger person.

Zulu

Dublin_Mom wrote: »

2. agency is of course mad to get the keys back (post back into letter box ) . i know i can not legally withhold them, but then i have nothing to bargain with for my deposit

Advice? My advice is that honest people don't ransom someones property when they want to break a legal contract, they signed up to.

The best way to secure your deposit back is by building confidence with your agent/landlord. From the sounds of things, confidence is lacking here. They are not going to give you your deposit before you move out - if they did, you could stay/trash the place. This surely, is obvious?

If there are any arrears on rent, this would also have a negative impact on any negotiations at this point, but I take it there aren't?

BostonB

Holding keys just annoys people. They may or may not be expensive/awkward to replace assuming that the LL or agent doesn't have a copy which they usually do. If they don't they may not replace all the keys leaving the next tenant with a problem.

If you want to break the contract, the LL doesn't have to agree to it. Its not in their interest to do so.

djimi

Its worth bearing in mind that while you hold the keys you are still living there and legally should be paying rent. Holding onto the keys will achieve nothing and will not resolve your issues for you.

BostonB

If a tenant was especially good, I would have no problem letting them break the contract. But I know many LL who would say its a business and thats the end of it. Also many might be struggling for money themselves. So they aren't go to give away money especially if the place will struggle to rent. One alternative is to find another tenant for the LL to replace yourself.