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Nightmare Landlord :(

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  • 29-07-2013 12:15am
    #1
    CA88
    Closed Accounts Posts: 17 ✭


    Hi folks,

    Just looking for some advice/opinions here. I must make it clear as well that I don't have any family so there's nobody I could have moved out and stayed with, just before you think I'm crazy to stay with such a landlord! I moved into the property in March 2012 and signed a 1 year lease paying one month's rent and the equivalent as a deposit upfront. As you'll read, I haven't been able to contact my landlord since November and therefore didn't (couldn't) renew my lease in March 2013. I'm now moving out and the only way I could guarantee being able to afford to was by with holding my rent and leaving him with my deposit. When I move out, I'll be reporting him to the PRTB as he isn't registered for this property nor the other one he owns and rents out. He's been so negligent as a landlord and has made almost 8000 euros in rent out of me since I moved in. Please take a read below, just wondering if anyone thinks I could fight for my deposit back? May I have to go through small claims? Please note I live by myself and am pretty intimidated by this guy so kind of nervous on how to deal with him:


    Rubbish left in back yard (hidden behind one of the walls) from old tenants which he said he would get rid of but never did. This included gas canisters, a shopping trolley and old surf boards.

    In the summer of 2012 when we were having torrential downpours, the kitchen ceiling collapsed. I informed him when it was just a little drip and he said he would be round to have a look. It took me chasing him up numerous times and the ceiling finally collapsing for him to do anything about it. The guy who came round to fix the ceiling said he had told my landlord that as the kitchen ceiling was part of a flat roof extension and due to the extent of the damp, he would be best to replace ALL of the ceiling and roofing as well as the guttering. The guy said he wasn’t surprised to hear from my landlord that he only wanted the quarter of the ceiling that had collapsed replaced. This ceiling STILL remains unpainted even though I chased him up several times about it.

    The sofa and armchairs were actually left from the previous tenants and my landlord admitted himself that they weren’t in the best state. Around October/November last year the base of the sofa gave way and the stitching in the middle burst completely, an eyesore. He said he would have this replaced and again, after chasing up, he never did. November was actually the last time I heard a peep out of him. When he visited the house on this occasion I also informed him that damp was starting to grow around the windows in the upstairs bedrooms, paint peeling off the walls around them etc. He told me this was ‘normal’ in older houses.

    Since then, the problems have been as follows:
    - Oven broke today
    - Paint peeling off walls in chunks in the hallway, living room and bedrooms and you can feel the moisture on the walls
    - Light switch to bathroom came off in my hand so currently no light in bathroom
    - Bed broken, when it actually broke and I took a look at it I discovered that it had obviously broken before and rather than replace it somebody had done a shoddy job at fixing it
    - Pane of glass on back door fell out, when it fell out I could see it was poor quality glass and the sealant had basically gone
    - The ball part that balances on the inside of the cistern broke off and again when this happened I discovered that it had broken previously and been badly fixed
    - Electrics in the house tripping constantly

    Would really appreciate some advice re my deposit, thanks folks!


Comments

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    #2
    wandatowell
    Registered Users Posts: 8,435 ✭✭✭wandatowell


    cut your losses and run outta there. The house sounds like a right mess


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    #3
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    CA88 wrote: »
    As you'll read, I haven't been able to contact my landlord since November and therefore didn't (couldn't) renew my lease in March 2013.
    He does not have to renew your lease as you acquire certain rights after being in the property for > 1 year.
    CA88 wrote: »
    I'm now moving out and the only way I could guarantee being able to afford to was by with holding my rent and leaving him with my deposit.
    If you have already withheld the last months rent then why do you need your deposit back?

    Also ensure that you have given the correct period of notice.


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    If you have withheld your last months rent then you will not be getting your deposit back.

    You can take a case against the landlord with the PRTB for the breach of obligations, provided you have sufficient evidence in writing to show that you informed the landlord of the problems.


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    #5
    Chris_5339762
    Registered Users Posts: 5,902 ✭✭✭Chris_5339762


    You would now, as far as I am aware, be on a part 4 lease which you automatically acquire after six months.

    Just be aware that you do NOT have to give a months notice, since you have been >1 year and <2 years you actually have to give 42 days.

    Less than 6 months 4 weeks (28 days)
    6 months to 1 year 5 weeks (35 days)
    1 – 2 years 6 weeks (42 days)
    2 or more years 8 weeks (56 days)


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    #6
    CA88
    Closed Accounts Posts: 17 ✭CA88


    Hi folks, many thanks for all the replies. I know a couple of people are asking why I should be expecting my deposit back and to be frank, the house is in such disrepair (none of which is my fault) and I've paid my rent bang on time (if not early) for 16 months now.


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    #7
    Mr. Loverman
    Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    CA88 wrote: »
    Hi folks, many thanks for all the replies. I know a couple of people are asking why I should be expecting my deposit back and to be frank, the house is in such disrepair (none of which is my fault) and I've paid my rent bang on time (if not early) for 16 months now.

    But you didn't pay the last month's rent, right?


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    #8
    CA88
    Closed Accounts Posts: 17 ✭CA88


    That's right


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    #9
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    So you want your deposit back as well?


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    #10
    CA88
    Closed Accounts Posts: 17 ✭CA88


    I'm just trying to find out what my options are, if he had been the perfect landlord then obviously not but there are SO many issues which he failed to fix and none of them were caused by myself but are due to the property itself being in a bad state


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    #11
    Rhys Essien
    Registered Users Posts: 3,029 ✭✭✭Rhys Essien


    CA88 wrote: »
    That's right

    So you are evens now,you dont need the deposit.


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    #12
    TheBandicoot
    Closed Accounts Posts: 879 ✭✭✭TheBandicoot


    Then you won't get the deposit. You chose to withhold the last month's rent in lieu of the deposit.


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    #13
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    You should have put all the issues in writing and given him a set time to respond. In the event of him not responding then you may of had grounds for early termination of the lease. That you lived there for 16 months would indicate to me that you were happy enough with the situation. I am not sure why you feel you would be entitled to compensation but to answer your question then No you will not be getting your deposit back if you owe a months rent to the landlord.


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    #14
    RachaelVO
    Registered Users Posts: 3,108 ✭✭✭RachaelVO


    You're not entitled to your deposit back if you didn't pay your last months rent. That's a given, you can still report your landlord for breach of contract as the structural upkeep of the building is his responsibility, but you'd need to have in in writing.

    From the sounds of it, you'd never have gotten your deposit back anyway, so you may well have done the right thing. If I was you I'd report him and then just move on.


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    #15
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    CA88 wrote: »
    I'm just trying to find out what my options are, if he had been the perfect landlord then obviously not but there are SO many issues which he failed to fix and none of them were caused by myself but are due to the property itself being in a bad state

    What exactly are you hoping to get out of this? Youre not down any money due to the fact that you used your deposit as your last months rent. Are you hoping to get financial compensation (which is what getting your deposit back at this stage would amount to)?

    To be honest, if you feel sufficiently aggrieved then take your case to the PRTB and see what they say. 16 months is a long time to be in a property that you feel has so many issues, so you are going to have to have a lot of written evidence to show that you have attempted to have the issues repaired and that the landlord has been ignoring their obligations to you as their tenant. Its not enough to turn around a year and a half later and say that you want something done about it when you decide to leave. If you can prove that over the course of the tenancy you have repeatedly attempted to get the issues resolved then you may get some sort of a positive outcome. Without that proof, Im really not sure how they would be likely to rule.


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    #16
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Just realised that the OP has closed their account. Im sorry they didnt get the answer that they were looking for, but Im not really sure exactly what it was that they were looking to hear.


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    #17
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    djimi wrote: »
    Just realised that the OP has closed their account. Im sorry they didnt get the answer that they were looking for, but Im not really sure exactly what it was that they were looking to hear.

    How do you know they didn't get the answer they were looking for?


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    #18
    quietsailor
    Registered Users Posts: 1,428 ✭✭✭quietsailor


    foggy_lad wrote: »
    How do you know they didn't get the answer they were looking for?

    I think it's more a case they DIDN'T get the answer they wanted ie they wanted not to pay the last months rent as well as keep the deposit


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    #19
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    foggy_lad wrote: »
    How do you know they didn't get the answer they were looking for?

    They were looking for a way to keep their deposit having not paid their last months rent. They got several replied telling them that this would not be happening. They then closed their account. I just put 2 and 2 together... ;)


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    #20
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    djimi wrote: »
    They were looking for a way to keep their deposit having not paid their last months rent. They got several replied telling them that this would not be happening. They then closed their account. I just put 2 and 2 together... ;)
    I'm now moving out and the only way I could guarantee being able to afford to was by with holding my rent and leaving him with my deposit.
    The OP then goes on to ask about any way they could also get their deposit back but i would see that in the context of them seeking compensation from the LL for the completely unsatisfactory accommodation provided.

    If the OP has written proof of notifying the LL of all the issues and they went unfixed then they are in a very good position as far as seeking compensation goes.


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    #21
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    foggy_lad wrote: »
    The OP then goes on to ask about any way they could also get their deposit back but i would see that in the context of them seeking compensation from the LL for the completely unsatisfactory accommodation provided.

    If the OP has written proof of notifying the LL of all the issues and they went unfixed then they are in a very good position as far as seeking compensation goes.

    Given that they failed to pay rent for their final month they would have damaged any case for that. It's important not to do everything above board to ensure success with the PRTB


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    #22
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    foggy_lad wrote: »
    If the OP has written proof of notifying the LL of all the issues and they went unfixed then they are in a very good position as far as seeking compensation goes.

    I can't see compensation here for the sole reason that they stayed for 16 months. If it was so bad they would have exited at the first opportunity.


    Maybe we should all be nicer to new posters in future :D


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