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Heating - tenant advice

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  • 11-01-2014 2:45am
    #1
    inapickle
    Registered Users Posts: 6 ✭


    Im looking for some advice, I moved into a place in august..... and the heating hasn't been working properly since I moved in... iv said this to my landlord and nothings been done... on top of this my bedroom window doesnt lock and flys open when theres a strong wind... to make matters worse I had my 3yr old in hospital with pneumonia over the xmas and my 3 month old now has a chest infection..... and they're staying with their grandparents while I try get this mess sorted.... im so close to packing up and leaving!!


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    #2
    inapickle
    Registered Users Posts: 6 ✭inapickle


    inapickle wrote: »
    Im looking for some advice, I moved into a place in august..... and the heating hasn't been working properly since I moved in... iv said this to my landlord and nothings been done... on top of this my bedroom window doesnt lock and flys open when theres a strong wind... to make matters worse I had my 3yr old in hospital with pneumonia over the xmas and my 3 month old now has a chest infection..... and they're staying with their grandparents while I try get this mess sorted.... im so close to packing up and leaving!!

    Anybody????


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    #3
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Have you put anything in writing to your landlord?

    Sounds like you need to call Threshold for helpful advice on your rights & responsibilities


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    #4
    inapickle
    Registered Users Posts: 6 ✭inapickle


    Onlyin text not formal... but iv recently discovrred im not even on the public register as a tennant


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    #5
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    inapickle wrote: »
    Onlyin text not formal... but iv recently discovrred im not even on the public register as a tennant

    Send a registered letter outlining the issues and give 7 days notice for rectification. Explain that after that time you will get someone to fix it and deduct it from the rent.

    Also you can apply to the local authority to force the landlord to make the required repairs to meet the minimum housing standards.


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    #6
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Landlords cant fix what they dont know about. Texting will get you nowhere; pick up the phone and actually discuss the issues with the landlord.

    If this doesnt get the issues sorted then put then follow the advice above about putting the issues in writing.


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    #7
    inapickle
    Registered Users Posts: 6 ✭inapickle


    I have spoken about it in person.... I said the only writing I have dont would be a text! Iv been at him months to get that and my broken windows sorted.... every time he comes fpr the rent it gets said!


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    #8
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Maybe the next time the rent is due tell him not to bother calling around until the heating is working.

    Or just put the issues in writing with a dealine and if not sorted just seek to terminate the tenancy. A property without a working heating system does not meet minimum standards and by the sounds of it your childrens health is suffering because of it.

    As a side issue, why in this day and age would rent be paid in person to a landlord calling to the door?


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    #9
    Uriel.
    Registered Users Posts: 8,061 ✭✭✭Uriel.


    djimi wrote: »
    Maybe the next time the rent is due tell him not to bother calling around until the heating is working.

    Or just put the issues in writing with a dealine and if not sorted just seek to terminate the tenancy. A property without a working heating system does not meet minimum standards and by the sounds of it your childrens health is suffering because of it.

    As a side issue, why in this day and age would rent be paid in person to a landlord calling to the door?

    Possibly unregistered and not paying tax on the income would be one reason.

    Anyway, irrespective of the problems with the house, the tenant breaking the law is not the way to go - a tenant cannot withhold rent money to pay for services unless the Landlord gives permission. In addition, a tenant cannot legally refuse to pay the rent.

    OP, you should write formally to the landlord outlining all of the problems and outline that if these are not rectified, including the heating as a priority that you will serve notice for termination. You could also mention taking a case to the PRTB. If the LL is not registered and not paying taxes on the rental income, he'd certainly be wanting to avoid anything being raised with the PRTB.


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    #10
    inapickle
    Registered Users Posts: 6 ✭inapickle


    djimi wrote: »
    Maybe the next time the rent is due tell him not to bother calling around until the heating is working.

    Or just put the issues in writing with a dealine and if not sorted just seek to terminate the tenancy. A property without a working heating system does not meet minimum standards and by the sounds of it your childrens health is suffering because of it.



    As a side issue, why in this day and age would rent be paid in person to a landlord calling to the door?
    Thanks for the advice.... aslo in relation to your question I found out yesterday that im notbon the published register as a tennant


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    #11
    inapickle
    Registered Users Posts: 6 ✭inapickle


    To be honest it will cost him a fortune to fix the place my windows dont even lock!! I have a friend that works for the council and she said if an officer goes in he'll ne facing a 5k fine then repairs... not to mention the 4k fine for me not being registered... so I have a feeling he'll threaten with eviction


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    #12
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Uriel. wrote: »
    Possibly unregistered and not paying tax on the income would be one reason.

    Anyway, irrespective of the problems with the house, the tenant breaking the law is not the way to go - a tenant cannot withhold rent money to pay for services unless the Landlord gives permission. In addition, a tenant cannot legally refuse to pay the rent.

    Youre probably right. I wasnt really talking about flat refusing to pay, more about using it as leverage (rent is waiting for you in an envelope on the hall table and can be collected when a firm plan is in place to sort the heating), but I guess it amounts to the same thing.


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    #13
    Uriel.
    Registered Users Posts: 8,061 ✭✭✭Uriel.


    inapickle wrote: »
    To be honest it will cost him a fortune to fix the place my windows dont even lock!! I have a friend that works for the council and she said if an officer goes in he'll ne facing a 5k fine then repairs... not to mention the 4k fine for me not being registered... so I have a feeling he'll threaten with eviction

    Given the circumstances, would you not consider moving to a different property? I presume you in the middle of a one year fixed lease? Serve notice on the landlord to rectify the problems. if not fixed you can serve a notice of termination and lawfully terminate the lease early (s.68 of Tenancy Act) - you must give the landlord reasonable time to fix the problems and on failure of this, you must give 28 days written notice.


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    #14
    Uriel.
    Registered Users Posts: 8,061 ✭✭✭Uriel.


    djimi wrote: »
    Youre probably right. I wasnt really talking about flat refusing to pay, more about using it as leverage (rent is waiting for you in an envelope on the hall table and can be collected when a firm plan is in place to sort the heating), but I guess it amounts to the same thing.

    ah, there's no doubt that often the most effective approach is as you have stated, but it's not lawful.

    It's up to the OP of course to determine on balance the risks/advantage of pursuing any course of action - but they do need to know the full implications of the course taken.


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    #15
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    inapickle wrote: »
    To be honest it will cost him a fortune to fix the place my windows dont even lock!! I have a friend that works for the council and she said if an officer goes in he'll ne facing a 5k fine then repairs... not to mention the 4k fine for me not being registered... so I have a feeling he'll threaten with eviction

    Lets be clear on reality here. While it is possible to get all these fines it is highly improbable. If you look up any of these fines you will see it is repeatedly refusing to pay or rectify something that causes people to be fined. One complaint from a tenant does not make it happen.

    It's a bit like saying you will lose your licence if you break a red light, possible but highly improbable.

    Anyway the problem at had is pretty simple give him written notice that you will be leaving if the heating isn't fixed with 7 days and remains working.


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