Advice please - Landlord Issue Long winded!

Dee5

Hi Everyone,

Hoping someone can give me a hand in what to do here.

I am a tenant here since may 2009. I pay my rent albeit late it is always paid.

When we had the snow here in 2010/11 its causes a crack in the concrete above my window of the sitting room. This then allowed water to get in and caused damp patches, its kind of like a bay window but with only 2 sides.
It was June 2011 that the landlord eventually fixed it, however it came back in one corner the following winter.

The kitchen is a flat roof extension and around 2 years a go damp spots appeared over one side of the kitchen. This then grew and grew and a mushroom eventually sprouted out of it! I informed the landlord and nothing was done. Each time we had heavy weather it continued to get worse, to the extent that now we have damp at the join where the extension starts, down one of the sides of the windows above the window and in one set of upper presses.

About 18 months ago the tiles on the landlord's house came off hitting the side of our house and gutter in the process. He repaired his house using scaffolding in the shared side entrance which is still up (bar the bars going across) Broken roof tiles and gutters still there. However he never fixed the drainpipe at the side of our house, and now when it raind it puddles as opposed running straight into the drain leaving yet another damp spot right in the bottom corner of the wall. He is aware of all of this and I have pointed out each time it rains it gets worse. Still nothing done!

Roll onto the weather this weekend, and was lying in bed Sat night andkept hearing a drip noise from the landing. Kind of thought it was in my head or the shower or something. Evenutually I got up and it was raining in my bedroom. Got himself up into the attic and theres a fabulous hole in the roof which has been letting rain in since god knows when and has managed to find a route through to our bedroom. Now we have yet another wet spot this time on the ceiling of the bedroom. We rang him on Sunday, as in my eyes it was a pretty urgent thing for him to know about.
He told us someone would be here today, no one here and no phonecalls.
He owns a building company and lives next door and I can see people working on out his back!!!
My head is melted at this stage!
I need to get out of this house we have two small children and another due in December, can't stay here in these conditions when he's not bothered to fix any of them. I'd need to give 80 odd days notice though however that would bring me to mid winter, can't stay here with winter weather!!!!

Hope someone can help me :0

Michael D Not Higgins

Your notice period is 8 weeks (56 days) which would take you to the end of September if you sent it today. You could also come to another arrangement with the landlord for shorter notice or just rent somewhere else and pay rent on both places for the remainder of the notice period.

This notice period is for part 4 tenancies, do you have a fixed term lease in place right now?

If you want to stay there you can go to the local authority who will force the landlord to maintain the property.

Dee5

Hi Michael, not no fixed term since the first one I signed when I moved in. It would cost me 2k to move right now without paying rent on another house. We just dont have 2k at the minute, really wish I did, tbh I'd even let him keep my deposit to let me leave early

Michael D Not Higgins

Dee5 wrote: »

Hi Michael, not no fixed term since the first one I signed when I moved in. It would cost me 2k to move right now without paying rent on another house. We just dont have 2k at the minute, really wish I did, tbh I'd even let him keep my deposit to let me leave early

Ask the landlord would they be willing to entertain that solution. The worst he can say is no. If he won't come to some arrangement and you can't afford to move, I'd be pressing the local authority to act. They can force him to comply with the minimum standards and impose fines. It's probably in his own interest to let you go without a fuss.

Eldarion

This guy sounds a little absent minded. It's his own asset being devalued allowing these things to go on unfixed.

You really should be putting this notices in writing so you have record of informing him. I know tenants who have been held liable for damages because they did not notify landlords promptly enough that there were leaks or damp spreading on the properties. By the sounds of it he's going to have to replace a whole ceiling if he lets it get much worse and the last thing you want is for him to come after you for the cost.

Not even going to get started on the health risk aspect of living in a premises with mould/fungal growth going unchecked. Bring your pregnancy into the fold on top of it and it's a court case waiting to happen...

makeorbrake

Eldarion wrote: »

This guy sounds a little absent minded. It's his own asset being devalued allowing these things to go on unfixed.

Exactly. The type of damage that's outlined is going to be more of an issue for him than for you - so i don't understand why he doesn't want to repair it at the earliest opportunity.


With regard to mould, whilst your waiting for him to address - it's in your own interests to take a cloth and dip it in a bucket of bleach and wipe off. Repeat as necessary. Do not let it develop to the point of any house occupant being exposed to it. It can do damage to any occupier of said room - and only takes a few minutes to wipe clean. Of course, he still has to fix the underlying problem - but that's a temporary measure so that you protect your own health.

Mrs OBumble

Dee5 wrote: »

It would cost me 2k to move right now without paying rent on another house.

Firstly - how would it cost you 2k? Worse case you have to hire a truck to move your stuff, and if you're really really broke you can probably talk VdP or someone into helping.

You say you always pay rent, but it's always late: is it always paid in full, or do you have arrears built up?

While technically your rent history should not affect maintenance, at least not of major items, the reality may be that the landlord wants you the hell out of there, and believes that the only way to make this happen is to let the place deteriorate to the point where even you leave. If this is the case, then he may be willing to negotiate on the notice period: the most notice you need to give is 56 days, but this can be reduced down to practically nothing if you both agree.

Have you make it easy for the landlord and/or his contractors to get into the house to do maintenance in the past? Any dangerous dogs, or children who get in the way? Do you answer your phone to numbers you don't recognise, and pick up and respond to voicemail messages that are left?

Are you on the council housing list? Have you contacted them recently just to see if they have any news for you? (Don't bother about this if you're in Dublin, but it may be worth a try in smaller places). If you're not on it - then why not?


Seems to me there is likely more to this story than meets the eye.

Michael D Not Higgins

Mrs OBumble wrote: »

Firstly - how would it cost you 2k?
.
.
.
Seems to me there is likely more to this story than meets the eye.

Yeah I wasn't sure what the OP meant by this. Would it be the cost of the rent on the 8 weeks notice period or what?

Dee5

Mrs OBumble wrote: »

Firstly - how would it cost you 2k? Worse case you have to hire a truck to move your stuff, and if you're really really broke you can probably talk VdP or someone into helping.

You say you always pay rent, but it's always late: is it always paid in full, or do you have arrears built up?

While technically your rent history should not affect maintenance, at least not of major items, the reality may be that the landlord wants you the hell out of there, and believes that the only way to make this happen is to let the place deteriorate to the point where even you leave. If this is the case, then he may be willing to negotiate on the notice period: the most notice you need to give is 56 days, but this can be reduced down to practically nothing if you both agree.

Have you make it easy for the landlord and/or his contractors to get into the house to do maintenance in the past? Any dangerous dogs, or children who get in the way? Do you answer your phone to numbers you don't recognise, and pick up and respond to voicemail messages that are left?

Are you on the council housing list? Have you contacted them recently just to see if they have any news for you? (Don't bother about this if you're in Dublin, but it may be worth a try in smaller places). If you're not on it - then why not?


Seems to me there is likely more to this story than meets the eye.

Hi,

I would need 1k deposit plus 1k upfront rent for the area I would like to move to which is rural Dublin, I am currently in DC.

The rent is always paid in full I have never been in arrears, when I say late it is only 4/5 days and not always it's usually BH that get us,plus the new Sepa thing I wanst ready for. I didnt mean my OP to come across that way.

The maintenance issues have been on going for nigh on 3 years now. And there are other small things I have not mentioned in this post.

It couldn't be easier for the LL to get to us, he lives next door! He built his house in the garden of this house so the property and garden he lives in surround us like an L shape. He can see into my gardens from his and vice versa. His work yard and storage area are the opposite side of my back wall.
I have no pets at all and even to get into my back garden he has 3 access points, 2 of which I have no access/key to.
My children are 5 and 9 so not in the way at all, they know how to behave (most of the time)

I'm on DCC housing list but like you said hardly any point. We are currently in process of trying to get a mortgage via Fingal CC, but still in the early stages of that!

To make the comment with there being more than meets the eye, is uncalled for IMO.

foggy_lad

OP what you need to do is write to the landlord by registered post informing him formally of all the issues and telling him that you require them resolved in a reasonable time(2-3 weeks). tell him that if he does not resolve the most important issues in that time you will have no alternative but to lodge a complaint with the PRTB and seek compensation for the inconvenience caused to you.

He wont be long in contacting you after getting that letter!

cpoh1

I find it highly unlikely that the landlord who cant even be bothered fixing serious issues with his house is aware of Part IV tenancy agreements and is aware of the 56 day notice period required.

I would give him a months notice and just get out of there.

Michael D Not Higgins

"It would cost me 2k to move right now without paying rent on another house."

"I would need 1k deposit plus 1k upfront rent for the area I would like to move to which is rural Dublin"

But this is on rent which you'd normally pay anyway. Give your 8 weeks notice or come to some arrangement with the landlord, get your deposit back and you won't have a problem with affording the move. Otherwise get a loan from a friend, the credit union or bank to make up the amount needed for the deposit and rent for a new place.

If you can't afford to move, get onto the landlord to fix the issues and hold the local authority's minimum standards over them. If they still do nothing, complain to the local authority who can fine and/or jail them and also enforce the law to ensure compliance with the minimum standards. The reason nothing is being fixed is because you're not complaining. You've been living with some of these issues for 3 years and the landlord has you pegged as a pushover. Don't be a pushover, complain louder and to authorities who have more power.