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How long to fix broken appliances?

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    #32
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    OldNotWIse wrote: »
    Sorry to bump but it seems our request for a new washing appliance has got the LL really peeved and we've received a solicitors letter telling us to get out by Feb 25th :(... the fuuck?

    I am not sure why they think that is legal. They cant evict you because they are unable to supply a washing machine. What did the letter say?


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


    OldNotWIse wrote: »
    Sorry to bump but it seems our request for a new washing appliance has got the LL really peeved and we've received a solicitors letter telling us to get out by Feb 25th :(... the fuuck?

    So the muppet has wasted money on a solicitors letter, informing you of something that has zero legal basis? Thats one of the best ones I have heard yet :pac:


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    #34
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    djimi wrote: »
    So the muppet has wasted money on a solicitors letter, informing you of something that has zero legal basis? Thats one of the best ones I have heard yet :pac:


    Well it gets better. The letter is from a solicitor in the same town, who has the same surname. I'm guessing she just got hubby or whoever to write a note on some headed paper. "That'll scare them away now!" :rolleyes:


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    #35
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    runawaybishop wrote: »
    I am not sure why they think that is legal. They cant evict you because they are unable to supply a washing machine. What did the letter say?


    It's slightly more complicated. In a nutshell, we started with a 12 month lease which was fine. That lapsed. She sent us another 12 month lease that she had signed, which we signed and kept for our records. Cue a few months later, she texts me asking for a rent increase of 150 euro. Then after Christmas a noitice of termination. I replied with a letter basically saying that we are not going anywhere until lease end, and included a copy of the lease that she signed to jog her memory about the legally binding contract that we had entered. Heard nothing for a while and then yesterday received a letter saying that we had to be out by Feb 25th.


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    #36
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    At this point it might not be a bad idea to get some legal advice of your own. This person clearly has no clue of tenancy law, so a solicitors letter of your own (or even a letter from Threshold would suffice) outlining your legal rights and the mistakes that she is making might make her back off and take her legal responsiblities a bit more seriously.


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    #37
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    djimi wrote: »
    At this point it might not be a bad idea to get some legal advice of your own. This person clearly has no clue of tenancy law, so a solicitors letter of your own (or even a letter from Threshold would suffice) outlining your legal rights and the mistakes that she is making might make her back off and take her legal responsiblities a bit more seriously.


    True. I have the option of getting a solicitor's letter if I want from someone I know but I didn't really see the need as her letter (afaik) has no legal standing. If she does attempt an eviction on the 25th I can simply call the police. Without an eviction order she cant do anything, and she cant get one of those simply by sending a solicitors letter. There are proper avenues that have to be used for this sort of thing.

    I was thinking about sending a letter back to the solicitor (aka her husband lol) myself and outlining her failure to follow proper procedure and furnishing him with a copy of the lease she signed. I might also refer to prtb and notify them of this. Or, I could simply ignore it?


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    #38
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    OldNotWIse wrote: »
    Sorry to bump but it seems our request for a new washing appliance has got the LL really peeved and we've received a solicitors letter telling us to get out by Feb 25th :(... the fuuck?
    How long have you been renting in the house?


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    #39
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    I have to say I would be very tempted to get in touch with the Law Society to make a complaint about this solicitor for misconduct. I would be very surprised if they are allowed to get away with sending such threatening letters which have no legal basis.


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    #40
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    the_syco wrote: »
    How long have you been renting in the house?


    Started in August 2012 and rented for a year. New lease was sent to us when that one lapsed.


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    #41
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    OldNotWIse wrote: »
    I was thinking about sending a letter back to the solicitor (aka her husband lol) myself and outlining her failure to follow proper procedure and furnishing him with a copy of the lease she signed. I might also refer to prtb and notify them of this. Or, I could simply ignore it?

    Let them know that they are attempting an illegal eviction straight off the bat. How far you take it is up to you, but you could bring it further.

    Did you get a new washing machine for yourself yet?

    also, do you want to stay there?


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    #42
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    djimi wrote: »
    I have to say I would be very tempted to get in touch with the Law Society to make a complaint about this solicitor for misconduct. I would be very surprised if they are allowed to get away with sending such threatening letters which have no legal basis.

    hummmm...... Report her to Revenue for not declaring rental income. Report him to Law Society for misconduct... Dont mess with me! :D


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    #43
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    runawaybishop wrote: »
    Let them know that they are attempting an illegal eviction straight off the bat. How far you take it is up to you, but you could bring it further.

    Did you get a new washing machine for yourself yet?

    also, do you want to stay there?


    So, I will just send the letter myself, including a copy of lease and saying what they are doing is wrong, and doing it on headed notepaper does not make it right. We would like to stay until the end of the lease, mostly because the rent is low (I know thats why she's going mad to get us out), but also because I fuucking hate being bullied and the more I am pushed the more I want to stand my ground. Got a washing machine. Cheapest of the cheap of course but cant really complain about that!


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    #44
    donegal.
    Registered Users Posts: 4,635 ✭✭✭donegal.


    who paid for the machine ?


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    #45
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    donegal. wrote: »
    who paid for the machine ?


    LL


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    #46
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    So far I have

    "we ar in possession of a valid lease that has been signed by both us and your client" :confused:


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    #47
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Wheres that from? Are you writing that or have you been sent that?


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    #48
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    How about: You are attempting an illegal eviction. Further harassment will result in official complaints being made.

    FIN

    then use rolleyes


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    #49
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse



    Without Prejudice



    Re:X

    Dear X,

    We are in possessionof a valid lease dated 1st August 2013. You might note that thislease has been signed by both the landlord and ourselves, a copy of which wassent to the landlord at the time thereby creating a valid tenancy. Thepurported notice that your client served on 20th January 2014 was invalidand therefore does not stand. Having spoken to a representative from Thresholdregarding this matter, I have been advised of same and will be submitting acase to the Private Residential Tenancies Board. Should your client wish todispute the existence of this lease, we invite her to do so at a PRTB hearing. Youwill recall that there are proper procedures which must be followed in order tovalidly terminate a tenancy. These procedures have not been followed andtherefore the purported requirement to vacate the property on Feb 25thdoes not stand. Should your client attempt to gain access to the property onthis date we will not hesitate to notify gardaí. Should your client continue in her attempts to intimidate us, we will not hesitate to seek legal assistance and notify gardaí if needed.

    We would appreciateif all correspondence going forward is through the PRTB.

    We retain an originalcopy of the lease, signed by both us and your client, for our own records, andhave furnished PRTB with a copy of same.



    Regards etc.,

    oh an of course...:rolleyes:


    Edit: I dont know whats wrong with the spacing on this!


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    #50
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    djimi wrote: »
    Wheres that from? Are you writing that or have you been sent that?


    I wrote it


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    #51
    runawaybishop
    Registered Users Posts: 9,504 ✭✭✭runawaybishop


    Maybe say harass rather than intimidate. You are legally entitled to peaceful enjoyment of your home.


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    #52
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Im not sure that purported is correct in this instance, is it? It certainly doesnt sound right.

    I would also give them a chance to respond directly to you before requesting that all dealings are through the PRTB.

    If it were me I would look through the Residential Tenancies Act and quote the relevant sections. The more weight you can add to your reply the better.


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    #53
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    djimi wrote: »
    Im not sure that purported is correct in this instance, is it? It certainly doesnt sound right.

    I would also give them a chance to respond directly to you before requesting that all dealings are through the PRTB.

    If it were me I would look through the Residential Tenancies Act and quote the relevant sections. The more weight you can add to your reply the better.


    hmm alleged maybe? I'm not sure. Good point re the chance to respond directly. I just dont like the whole "oh lets send them a solicitors letter and scare them" thing. It just saddens me when people play dirty :(


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    #54
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    In both instances I would just say notice. You probably dont need to include "and does not stand" either.

    "The notice that your client served on 20th January 2014 was invalid."

    "These procedures have not been followed and therefore the notive given to vacate the property on Feb 25th is invalid."


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    #55
    ted1
    Registered Users Posts: 23,532 ✭✭✭✭ted1


    OldNotWIse wrote: »
    Well repair guy called last night and washing machine needs to be replaced. He said its more than ten years old :rolleyes:

    i've seen washing machines work fine that are 20 years old, no need to roll your eyes


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    #56
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    ted1 wrote: »
    i've seen washing machines work fine that are 20 years old, no need to roll your eyes

    ok. here.....:eek: wide enough? lol


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    #57
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Sent the letter off by reg post yday, so I guess LL will get it today :( Starting to feel a bit nervous now! According to LL we should be vacating this day week :( I dont know if she'd have the balls to come around. You just never know..


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