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Reduction in rent for building works

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  • 11-08-2013 9:37am
    #1
    tri777
    Registered Users Posts: 10 ✭


    I have been renting a property for over 8 years and would have a good relationship with the ll. However recently some structural work needed to be completed on the property which entailed part of some walls and floors being removed for a month, there were also builders working on the property for 2 weeks from 9-6pm which meant I couldnt really use the property for those 2 weeks. The ll is stating that legally he doesnt have to give me any reduction in rent, I personally feel a reduction of 2 weeks rent is fair, but can anyone advise from a legal standpoint if I would be entitled to any reduction?


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    #2
    ted1
    Registered Users Posts: 23,524 ✭✭✭✭ted1


    If you owned it would you expect a reduction in mortgage payments?

    Be thankful the landlord actually got the work carried out. Many lls mightn't


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    #3
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    On two occasions this year we had contractors in our house. In each case, it interfered with our scope for using the entire building. No biggie, a bit of inconvenience. No question of a rent refund, because we don't rent. It's part of normal living in a house.

    Unless you were actually excluded from the premises, I don't think you have much of a case for a rent rebate.


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


    ted1 wrote: »
    If you owned it would you expect a reduction in mortgage payments?
    P. Breathnach wrote: »
    No question of a rent refund, because we don't rent. It's part of normal living in a house.

    You both cant seriously be comparing being a homeowner to renting in this situation, are you? :confused:


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    #5
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    OP if the renovations were sufficient such that you had absolutely no access to the property for the duration then I think you would be entitled to expect either financial reimbursement, or to be rehoused for the duration of the work. You are paying rent for use of a property that you do not have.

    If you have use of the property but are just inconvenienced then it might be a different story, depending on the nature of the inconvenience. I dont know the answer to that one.

    One thing to bear in mind is that if you are not on a current fixed term lease, the landlord would be well within their rights to terminate the tenancy in order to carry out renovation work on the property. You would be entitled to 112 days written notice in this instance, but its an option available to the landlord nonetheless.


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    #6
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    djimi wrote: »
    You both cant seriously be comparing being a homeowner to renting in this situation, are you? :confused:
    Of course I'm not. I actually drew attention to the difference in our positions.

    My message is that putting up with the occasional necessary inconvenience is part of the peaceful enjoyment of one's home. If the inconvenience is not too great, one should shrug one's shoulders and get on with life.


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    #7
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    P. Breathnach wrote: »
    My message is that putting up with the occasional necessary inconvenience is part of the peaceful enjoyment of one's home. If the inconvenience is not too great, one should shrug one's shoulders and get on with life.

    I agree, it depends on the nature of the inconvenience. But the fact remains that when renting you are paying a landlord for use of a property, and if, for whatever reason, you are being denied partial or whole use of said property then I dont think its unreasonable to ask the question about refunding all or part of the rent paid for that time period.


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    #8
    tri777
    Registered Users Posts: 10 ✭tri777


    Thanks all for the responses, I think it important to note that Im renting the property and am not a homeowner. In effect Im paying the ll for a service and if that service is below standard - should I be expected to pay the full price? The extent of the works included no electric shower for a month, partial removal of 3 walls, complete removal of floors in 2 rooms and builders working on the property full time for 2 weeks. My question is legally would be entitled to any reduction in rent?, if I discovered that legally I wasnt entitled to anything I would of course as one poster suggested shrug my shoulders and get on with it.


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    #9
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Was the work essential (ie was there an immediate issue or something like a safety issue), or was it just something that the landlord decided that he wanted done?


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    #10
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    When you say "no electric shower" does that mean that you didn't have a reasonable facility for washing yourself? I'd consider that a core requirement for reasonable use of one's home.


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    #11
    tri777
    Registered Users Posts: 10 ✭tri777


    djimi wrote: »
    Was the work essential (ie was there an immediate issue or something like a safety issue), or was it just something that the landlord decided that he wanted done?

    Yes the work was essential.


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    #12
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If you feel aggrieved by the situation, by all means ask for a rent reduction for those two weeks - and if you don't get it, take your case to the PRTB.

    Howevr, do expect a rent increase because the property may have "substantially changed" and therefore would be have a higher rental market value than before the works were carried out - that is, not knowing what all those works were, as you have not stated them clearly.


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    #13
    tri777
    Registered Users Posts: 10 ✭tri777


    P. Breathnach wrote: »
    When you say "no electric shower" does that mean that you didn't have a reasonable facility for washing yourself? I'd consider that a core requirement for reasonable use of one's home.

    No, we had access to a bathroom with a bath, we had to put on the emmersion for a few hours before using. As I have a good relationship with the ll I would prefer to settle it amicably, and just wanted to see what other peoples opinions were on the situation.


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    #14
    tri777
    Registered Users Posts: 10 ✭tri777


    odds_on wrote: »
    If you feel aggrieved by the situation, by all means ask for a rent reduction for those two weeks - and if you don't get it, take your case to the PRTB.

    Howevr, do expect a rent increase because the property may have "substantially changed" and therefore would be have a higher rental market value than before the works were carried out - that is, not knowing what all those works were, as you have not stated them clearly.

    The work was related to damp, so the property itself hasnt changed at all, but yes I am aware that if I do take the case to the PRTB that the ll may increase the rent. And to be honest I would prefer to settle this directly with the ll rather than escalating it any further.


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    #15
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    It's a game of poker. You have a good relationship with a LL who seems to take care of their property etc. and whilst I would morally (and probably legally) agree that you should get a rebate for some of the rent paid (as you didn't get what you pay for) you really don't want to shoot yourself in the foot and have the LL impose a 5% rent increase that he wasn't otherwise going to impose. It's a poker game because you have to weigh up the odds.


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