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How much time can a Landlord legally take to have something replaced?

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    #32
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    runawaybishop wrote: »
    Right, but what if the OP would like to use this opportunity to break the lease?
    If the OP has proof that he advised the landlord / agent more than about 14 days ago, then just serve a notice of termination on the landlord, giving 28 days notice and he can cite the landlord's breach of obligations.

    However, the OP will have to find new accommodation within that time frame - but is entitled to the return of the full deposit - less any damage in excess of normal wear and tear.


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    #33
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    odds_on wrote: »
    If the OP has proof that he advised the landlord / agent more than about 14 days ago, then just serve a notice of termination on the landlord, giving 28 days notice and he can cite the landlord's breach of obligations.

    However, the OP will have to find new accommodation within that time frame - but is entitled to the return of the full deposit - less any damage in excess of normal wear and tear.

    If the new fridge appears in the 28 days does the notice still remain valid?


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    #34
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    If the new fridge appears in the 28 days does the notice still remain valid?
    It would then be up to the two parties to mutually agree - if the tenant wishes to move he may and if the tenant would like to remain it would be up to the landlord to accept the reversal of the NoT.

    However, if the tenant remains, the time already spent living in the property would count towards his 6 months to acquire his Part 4 rights.


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    #35
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    So if the tenant wishes to leave still they can? Thats what I was wondering; would the arrival of the fridge automatically cancel the NoT.


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    #36
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    djimi wrote: »
    So if the tenant wishes to leave still they can? Thats what I was wondering; would the arrival of the fridge automatically cancel the NoT.
    The landlord has had his opportunity to remedy the matter and failed to do so in a reasonable time - thus the tenant served his NoT. If a replacement fridge arrives (new or second hand) it would be up to the two parties to decide if they both want to continue with the agreement or not.


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    #37
    AbigailAC
    Registered Users Posts: 36 ✭AbigailAC


    Thank you all for your assistance. After I sent the letter telling them that I might hold them breach of contract, I had a new fridge.

    However, I was only notified of this 3 hours prior to the delivery, so I couldn't be present, and the Auctioneers granted access to the delivery people even if I explicitly told them not to, for security reasons.

    I am still upset and don't want anything else to do with these people, whose attitude has been outrageously careless ever since (Clear View Auctioneers from Youghal, by the way).


    Can I claim compensation for the 20 days we were without fridge? If I had known I could make my rights be heard, I wouldn't have waited so long.

    Is there anything I can do about them entering the place without my permission or presence?

    Is there anything else that I can do so this doesn't go just like that, with myself being only damaged?


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    #38
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Im not sure what you would claim for for those 20 days to be honest. Had you rented a fridge then you would have a receipt to claim back with.

    In terms of them letting themselves into your property without notice, that is a serious breach of obligations. You need to seek some external advice (get onto PRTB or Citizens Information) and explain the whole situation, and see what they advice. This company does not give a toss about you or your rights as a tenant, and if it were me Id be looking for any reason to get away from them.


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    #39
    AbigailAC
    Registered Users Posts: 36 ✭AbigailAC


    djimi wrote: »
    In terms of them letting themselves into your property without notice, that is a serious breach of obligations. You need to seek some external advice (get onto PRTB or Citizens Information) and explain the whole situation, and see what they advice. This company does not give a toss about you or your rights as a tenant, and if it were me Id be looking for any reason to get away from them.

    My point exactly. I can't wait. Thanks for the advice, I will follow it.


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    #40
    AbigailAC
    Registered Users Posts: 36 ✭AbigailAC


    runawaybishop wrote: »
    Right, logically for something essential (like food storage) you'd expect to be able t move out asap. Logic is often not applied though.

    OP - what did threshold say?


    Threshold said:

    If there's something that needs repair, and the Landlord won't reply, send a letter asap stating the problem and that it is expected to get fixed within certain time frame (this time frame is not objective and can depend on what the repair is). If the Landlord doesn't take actions that show him taking responsibility on the repair, then the Tenant can send a letter (note) terminating contract. The notice period varies, and it is of 28 days for the first 6 months of contract and around 35 for then on.


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    #41
    AbigailAC
    Registered Users Posts: 36 ✭AbigailAC


    odds_on wrote: »
    If the OP has proof that he advised the landlord / agent more than about 14 days ago, then just serve a notice of termination on the landlord, giving 28 days notice and he can cite the landlord's breach of obligations.

    However, the OP will have to find new accommodation within that time frame - but is entitled to the return of the full deposit - less any damage in excess of normal wear and tear.

    I (OP) have advised the Auctioneers 20 days ago. I was told I needed to send them a letter giving them 3 more days to replace the appliance, which they did - giving us a 3 hour notice we couldn't be present and we explicitly asked not to grant access without us present.

    Can I use this to break the lease? If I can, how should I go on about it?


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    #42
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    AbigailAC wrote: »
    Threshold said:

    If there's something that needs repair, and the Landlord won't reply, send a letter asap stating the problem and that it is expected to get fixed within certain time frame (this time frame is not objective and can depend on what the repair is). If the Landlord doesn't take actions that show him taking responsibility on the repair, then the Tenant can send a letter (note) terminating contract. The notice period varies, and it is of 28 days for the first 6 months of contract and around 35 for then on.

    Incorrect by Threshold.

    Where a NoT is served in relation to a breach of landlord's (or tenant's) obligations the notice period is 28 days and does not vary.


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    #43
    AbigailAC
    Registered Users Posts: 36 ✭AbigailAC


    odds_on wrote: »
    Incorrect by Threshold.

    Where a NoT is served in relation to a breach of landlord's (or tenant's) obligations the notice period is 28 days and does not vary.

    Excuse me and allow me to correct this. Threshold is right on this.

    Good Tenant Guide, on the PRTB's website: http://www.prtb.ie/docs/default-source/good-tenant-guides/good-tenant-guide-(english).pdf?sfvrsn=4

    Page 6 reads:

    Termination of a tenancy by the tenant

    Notice validity and notice periods
    The same criteria for the notice content apply if a tenant is serving it on the
    landlord, however no reason needs to be stated if terminating for reasons
    other than breach of landlord obligations. The longest notice period that
    needs to be given is 56 days as on table on next panel.

    Notice Duration - Period of Tenancy
    28 days - Less than 6 months
    35 days - 6 months or more but less than 1 year
    42 days - 1 year or more but less than 2 years
    56 days - 2 years or more

    It is also possible for the landlord and tenant to agree a shorter period of
    notice, but this can only be agreed at the time the notice is given (see
    section 69 of the Act).


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    #44
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    AbigailAC wrote: »
    Excuse me and allow me to correct this. Threshold is right on this.

    Good Tenant Guide, on the PRTB's website: http://www.prtb.ie/docs/default-source/good-tenant-guides/good-tenant-guide-(english).pdf?sfvrsn=4

    Page 6 reads:

    Termination of a tenancy by the tenant

    Notice validity and notice periods
    The same criteria for the notice content apply if a tenant is serving it on the
    landlord, however no reason needs to be stated if terminating for reasons
    other than breach of landlord obligations. The longest notice period that
    needs to be given is 56 days as on table on next panel.

    Notice Duration - Period of Tenancy
    28 days - Less than 6 months
    35 days - 6 months or more but less than 1 year
    42 days - 1 year or more but less than 2 years
    56 days - 2 years or more

    It is also possible for the landlord and tenant to agree a shorter period of
    notice, but this can only be agreed at the time the notice is given (see
    section 69 of the Act).
    RTA 2004 S66 quotes the above table on notice periods in section 66 (3) but earlier in the same section it gives certain exemptions for those notice periods:
    66.—(1) This section applies where the tenancy is being terminated—
    (a) otherwise than by reason of the landlord’s or tenant’s failure
    to comply with any of the obligations of the tenancy,


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    #45
    AbigailAC
    Registered Users Posts: 36 ✭AbigailAC


    odds_on wrote: »
    RTA 2004 S66 quotes the above table on notice periods in section 66 (3) but earlier in the same section it gives certain exemptions for those notice periods:

    Cheers then, I'm just a damaged OP trying to make sense out of this.


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    #46
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    It wouldnt really make a lot of sense for the normal notice periods to be enforced in this situation, as it would mean having tenants obliged to stick out as much as 2 months of a landlord who has breached obligations. The breach of obligation terms are in place to ensure that tenants do not have to endure a landlord who is not running the tenancy properly, and to give them a legal route out of such a situation.


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