Help - major problem with my landlord, I can't afford to move out

mammytammy

Hi,
I'm stuck in a rut and don't know where to turn, I have contacted the helpful site threshold.
I'm currently living in private rented accommodation, not receiving social benefits. I have been living in the house nearly 2 years now and my landlady will not do the jobs the house so badly needs.
We are currently living here with no heating... the house is run on oiled central heating (which we had no problem with at the start) it uses a "boost" button (like gas) the box on the wall stopped working before xmas, so we replaced it. When we put the box on the wall it literally exploded! The house in not very well insulated and has single glazed windows. It has also had an inspection from an electrician and building contractor who advised the landlady that it needs major work. I have recently contacted an environmental health inspector about it and he will be looking at it on Wednesday. There is a huge crack in the joining of a 2 story extension. No vents. Tiles coming of kitchen wall. Damp due to bad insulation. The front porch is coming away from the property. Landlady does not inform us of her arrival. No rent arrears. 2 children. We are having to share our room with both children for the moment as their rooms are like freezers. We have invested in temporary heating such as electric portable rads. Our Esb bill is through the roof. I know it's as easy as saying move out, but we are on a very tight income at the moment and we can't see a way out at the moment. So much more problems to do with dodgy electrics and no forwarding address for landlady. Any advice would be much appreciated.
Thanks.

ABajaninCork

What did Threshold tell you?

Is your tenancy registered? If it is, then you should have had written notification from the PRTB confirming this.

I'd wait for the EHO's report. Get copies of the electrician's and builder's reports, and forward all these with a solicitor's letter to the landlady. Take photos of all the problems. Preferably dated with a copy of the day's paper in plain sight.

Give her a time limit to fix the problems. Tell her if they aren't rectified within the time limit, then you'll be taking a case with the PRTB.

I'd also report her to Revenue. I've got a good idea your tenancy isn't registered, and the LL's dodging tax.

Hope it works for you!

mammytammy

We have not heard anything from the PRTB so I assume it's not. (silly question) Does it cost much for a solicitor? Only like I said money is tight at the moment. I have plenty of photos from when I moved in and then half way through the tenancy... the paper idea is brilliant! I have also had that fear that she's not registered.
Thank you so much for your reply, I appreciate it very much

ABajaninCork

Stop this thing dead in it's tracks. Tell the landlady to fix the problems within two weeks or you'll be reporting her to Revenue.

A solicitor's letter shouldn't cost much - approx E50, I think. You don't need one to take a PRTB case. Threshold will be able to help you with the paperwork.

mammytammy

I just had a look at the registered rental property in my area on the PRTB and my address did not come up. Oh I certainly will be taking your advice on this. I have just thought of something too we received 3 receipts from her (ones from the 2euro shop) with her signature, up untill november last we were getting rent allowance, I have all the proof of receiving them each one was photocopied. She did not continue to give receipts to us... will this go against us? Also should I pay her the next months rent? A relative of mine told me I should not.

goat2

it is a renters market out there, you do not have to be in a house with single glazing, no insulation, and no heating,
you could have all that at the price you pay now if you look around you, how are you managing these past few weeks, it is so cold,
how is the water heated,
if this thing is not insulated it must be full of draughts,
look for a smaller place which is properly insulated with double glazing and a multifuel stove to heat the home and hot water, and it will keep you within your budget,

ABajaninCork

mammytammy wrote: »

I just had a look at the registered rental property in my area on the PRTB and my address did not come up. Oh I certainly will be taking your advice on this. I have just thought of something too we received 3 receipts from her (ones from the 2euro shop) with her signature, up untill november last we were getting rent allowance, I have all the proof of receiving them each one was photocopied. She did not continue to give receipts to us... will this go against us? Also should I pay her the next months rent? A relative of mine told me I should not.

If you're taking a PRTB case, whatever you do DO NOT stop paying the rent. It will go against you if you do.

StillWaters

goat2 wrote: »

it is a renters market out there, you do not have to be in a house with single glazing, no insulation, and no heating,
you could have all that at the price you pay now if you look around you, how are you managing these past few weeks, it is so cold,
how is the water heated,
if this thing is not insulated it must be full of draughts,
look for a smaller place which is properly insulated with double glazing and a multifuel stove to heat the home and hot water, and it will keep you within your budget,

I agree, I think you would be wasting money on a solicitor or building surveyors report. This sounds like it will cost many thousands to rectify, and I cannot see the Landlady paying that.

Whatever about poor insulation, single glazed windows, dodgy porch, which she is under no obligation to fix, the issue that you can pursue is the electrics and heating.

mammytammy

We are currently viewing some house's we have also tried negotiating the deposit and 1st months rent upfront as we really can't get that much money together. But so far we have had no luck with that, obviously I am aware that a new LL needs peace of mind at the start of a tenancy. If I had the money I would be long outta here. We have borrowed portable heaters from friends and family. There is an electric shower and immersion. We had to have a meter put in so as we were aware of how much ESB we were using and to avoid nasty bills (works out the same). Yes plenty of droughts, a huge crack in the 2 story extension which is like leaving your window slightly open. This has also lead to the problem of mice which we have treated every 2 weeks by a great company. We have paid for this.

mammytammy

should we continue to pay her rent money? we have been asking her for quite some time now to sort the issues and she has not... yet she arrives just out of the blue when it suits her demanding to be paid her rent... which we have done, we are not in arrears of rent moneys.

hide2013

if major work is needed wont you have to move out?

wont the rent go up if the LL has to spend money on the property?

apart from the boiler breaking down was the condition of the property not evident to you when you agreed to rent it?

goat2

you are living in conditions which are a health and safety issue, as you already say parts are damp,
ask a few friends for a few bob each to come up with the money to get out of there as fast as possible,
dont bother with looking up ways to better things in that place, it will take thousands,
it is about 2000 to do proper insulation then it is about 4000 to get double glazing, as for the oil that could go into thousands also, so if she has not fixed with the past two yrs, forget that she will ever fix it,
tell her you have to get out for the sake of the childrens health, and look out for the most important things at next place, run your hand along windowcills inside and doors, to check for air coming in, look in attic and see that the insulation is the dept of the beams and more to be done right, and the most economical way of heating house is the solid multifuel stove to heat radiators and hot water, and usually these stoves are in sitting room or kitchen diner, which means you have a lovely snug place, i put stews on mine it saves on fuel that way also,

mammytammy

hide2013 wrote: »

if major work is needed wont you have to move out?

wont the rent go up if the LL has to spend money on the property?

apart from the boiler breaking down was the condition of the property not evident to you when you agreed to rent it?

I moved in with my partner, was not my choice of home... also when I moved in it was summer so was not cold enough to tell. The crack in extension is on my neighbors side and I was only informed of it when I spoke to them. The rent is currently at 800. The tiles in the kitchen I didn't cop until a friend made me aware of it.

mammytammy

goat2 wrote: »

you are living in conditions which are a health and safety issue, as you already say parts are damp,
ask a few friends for a few bob each to come up with the money to get out of there as fast as possible,
dont bother with looking up ways to better things in that place, it will take thousands,
it is about 2000 to do proper insulation then it is about 4000 to get double glazing, as for the oil that could go into thousands also, so if she has not fixed with the past two yrs, forget that she will ever fix it,
tell her you have to get out for the sake of the childrens health, and look out for the most important things at next place, run your hand along windowcills inside and doors, to check for air coming in, look in attic and see that the insulation is the dept of the beams and more to be done right, and the most economical way of heating house is the solid multifuel stove to heat radiators and hot water, and usually these stoves are in sitting room or kitchen diner, which means you have a lovely snug place, i put stews on mine it saves on fuel that way also,

It's not looking like she will do anything about it, especially at those prices. I am viewing a house tomorrow, so let's hope all goes well. Thank you all so much for your help and advice.

StillWaters

mammytammy wrote: »

We are currently viewing some house's we have also tried negotiating the deposit and 1st months rent upfront as we really can't get that much money together. But so far we have had no luck with that, obviously I am aware that a new LL needs peace of mind at the start of a tenancy. If I had the money I would be long outta here. We have borrowed portable heaters from friends and family. There is an electric shower and immersion. We had to have a meter put in so as we were aware of how much ESB we were using and to avoid nasty bills (works out the same). Yes plenty of droughts, a huge crack in the 2 story extension which is like leaving your window slightly open. This has also lead to the problem of mice which we have treated every 2 weeks by a great company. We have paid for this.

Sorry OP, I cannot understand why you are paying money on pest control, surveyors reports, meter installation and solicitors. Use that money to get your deposit and rent for a new place.
I dont know any landlord who would waive the deposit or month upfront.

repsol

I would withhold the rent for a few months and spend the money on saving for a deposit on a new place and those big ESB bills.The LL is going to find it impossible to do anything about getting you out for months.She has acted illegally so it serves her right if she has to go without rent for a while.If you gave her 1 month in advance and 1 month deposit you have 2 months paid for anyway.Its despicable renting a kip like that to anyone especially someone with kids.

mammytammy

I guess we trusted her too much to sort it out. And that is why we are still here. I don't mean to blow my own trumpet but any LL would be lucky to have us renting their house. We are genuine people and are decent. Good history of references too!

convert

If you are going to take a case with the PRTB, DO NOT, under any circumstances, withold rent. As mentioned already, it will go against you in any case you take, and may lead to much more problems with your LL down the line.

mammytammy

If I am to move out having withheld next months this months rent, and I only report her about not being a registered LL and don't take a dispute with the PRTB where do I stand then?

convert

FAQ section on the PRTb site:

My tenant has lodged a PRTB complaint and is refusing to pay their rent. Can they do this? TOP
Tenant must continue to pay their rent in full until the tenancy ends and while any PRTB dispute is ongoing. If the tenant is in receipt of Rent Supplement contact the Community Welfare Officer for the area to have the supplement suspended until the case is heard

Threshold.ie:

A tenant has an obligation to pay the rent in full when due.

According to the 2004 Residential Act, all tenants must pay the rent and other specified charges. It is one of the obligations which, according to the act,

must be adhered to whether or not
there is a lease or written agreement - landlords and tenants
cannot contract out of them. Additional obligations, however, can
be included in a lease.

Here's the link to a guide to the act: http://www.threshold.ie/download/pdf/residential_tenancies_act_2004_a_quick_guide.pdf