Landlord repairs

exosc0

Hi,

I have a huge leek from the bathroom ceiling which my landlord doesn't want to fix. He's been telling me for months now that he will solve the problem but he didn't. There are tennants above my head and every time they take a shower or do anything in the bathroom, they make a mess and the floor ends up covered in water. From there the water goes through the floor and into my bathroom ceiling. The part above the shower fell down on us and now there is a huge hole - I can see the wooden infrastructure of the house. The wall connecting the bathroom and the bedroom is naturally soaked and wet because of the constant leeking. Now it's getting even worse because it started to leak above the toilet...

I have been begging the landord to fix it for months but he does nothing. I pay my rent and bills on time and I would give him an ultimatum but the problem is I didn't sign a contract when I moved in. I was in trouble and I had to find accomodation fast.

Now my question is, if I tell him that I won't pay the rent, can he kick me out and not be worried about it since there is no contract to prove anything? Would Garda help in situation like that?

It's a 1 bedroom flat/studio which I share with my fiancee.

campingcarist

From my limited knowledge of the matter, but having read many threads in this section of Boards.ie, I would suggest that you put all this in writing and set a time limit by when the repairs should be completed (I seem to remember that some other posts have suggested that a maximum of 14 days may be appropriate).

Then, if the landlord fails to do the repairs you could bring a case to the PRTB for the landlords breach of his obligations.

You can gain so much information by reading all the threads on this board.

Regards.

runawaybishop

exosc0 wrote: »

Hi,

I have a huge leek from the bathroom ceiling which my landlord doesn't want to fix. He's been telling me for months now that he will solve the problem but he didn't. There are tennants above my head and every time they take a shower or do anything in the bathroom, they make a mess and the floor ends up covered in water. From there the water goes through the floor and into my bathroom ceiling. The part above the shower fell down on us and now there is a huge hole - I can see the wooden infrastructure of the house. The wall connecting the bathroom and the bedroom is naturally soaked and wet because of the constant leeking. Now it's getting even worse because it started to leak above the toilet...

I have been begging the landord to fix it for months but he does nothing. I pay my rent and bills on time and I would give him an ultimatum but the problem is I didn't sign a contract when I moved in. I was in trouble and I had to find accomodation fast.

Now my question is, if I tell him that I won't pay the rent, can he kick me out and not be worried about it since there is no contract to prove anything? Would Garda help in situation like that?

It's a 1 bedroom flat/studio which I share with my fiancee.

How long have you been in the place? Not having a contract isn't the end of the world, and it certainly doesn't mean the landlord has no obligations.

Put it in writing to the landlord that there is a pretty severe issue with the place and it is uninhabitable. Contact Threshold also, since you say part of the ceiling is falling down.

exosc0

runawaybishop wrote: »

How long have you been in the place? Not having a contract isn't the end of the world, and it certainly doesn't mean the landlord has no obligations.

Put it in writing to the landlord that there is a pretty severe issue with the place and it is uninhabitable. Contact Threshold also, since you say part of the ceiling is falling down.

Been here for 4 almost 5 months now... He promised to fixed it on the day I moved in. The apartment was in terrible condition. I repainted everything on my own expenses, I even painted the kitchen counters inside and out... that's how bad it was. Family of three living here before we moved in lived like animals and probably are.

I asked him several times during these 5 months to fix it... he went few times upstairs to try to seal neighbours bathroom but nothing came out of it and he just doesn't care.

runawaybishop

exosc0 wrote: »

Been here for 4 almost 5 months now... He promised to fixed it on the day I moved in. The apartment was in terrible condition. I repainted everything on my own expenses, I even painted the kitchen counters inside and out... that's how bad it was. Family of three living here before we moved in lived like animals and probably are.

I asked him several times during these 5 months to fix it... he went few times upstairs to try to seal neighbours bathroom but nothing came out of it and he just doesn't care.

You're on a periodic tenancy, once you are there 6 months you are then on a part 4 tenancy. The fact that you haven't signed a contract doesn't mean the landlord can screw you. Get that letter written to the landlord and get on the phone to threshold. I would start looking for a new place though, you don't want that sort of landlord.

Gasherbraun

Is the property above you owned by your landlord? If it is not under his control then he needs to contact the owner. Have you spoken to the tenants above already?

Assuming your landlord has no controlling interest in the property and this is a modern development then there should be a management company, employed by the OMC, who will have details of all owners and can contact the relative person and explain there is a problem.

If the repair is down to your landlord then campingcarist is correct in that you need to serve notice on him under Section 68 -

Where the landlord is in breach of his obligations under the tenancy and the tenant follows the statutory procedures as laid out in Section 68 of the Residential Tenancies Act, 2004 (i.e. the tenant must serve a written notification giving the landlord a reasonable opportunity to remedy the failure and, if the landlord does not remedy same, the tenant must then serve a valid Notice of Termination in writing giving 28 days notice)