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Landlord Repairs Standoff

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    #62
    Drone808
    Registered Users Posts: 34 ✭Drone808


    Graces7 wrote: »
    I am reminded is situations like this that crop up so often of the young Liverpool lassie many years ago on TV. Her twin brother had died in police custody in suspicious circumstances and she was pushing for appeal and investigations one after the other. She knew she would never get anywhere but said, " I will be their haemorroids." Always I remember that in such cases...


    I'm a bit confused about your point there 😨


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    #63
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Drone808 wrote: »
    I'm a bit confused about your point there 😨

    Perseverance... whatever the outcome ,is the message ..leave no stone unturned..keep at them


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    #64
    Drone808
    Registered Users Posts: 34 ✭Drone808


    Graces7 wrote: »
    Perseverance... whatever the outcome ,is the message ..leave no stone unturned..keep at them

    Glad I asked - i thought you might have meant the opposite ! Yes - I'm working hard at that :-) Its noy.as difficult as it.sounds - just gotta be like a dog with a bone.

    Thanks !


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    #65
    El_Dangeroso
    Users Awaiting Email Confirmation Posts: 5,620 ✭✭✭El_Dangeroso


    I would not let this landlord away with it either. There is too much of this 'anything for a quiet life' attitude from posters here at times.

    How do bad landlords and tenants exist? Because we as a society put up with it.

    What is the legality surrounding paying for the repairs by deducting it from the rent? Would threshold be able to advise you on that?


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    #66
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    El_Dangeroso wrote: »
    I would not let this landlord away with it either. There is too much of this 'anything for a quiet life' attitude from posters here at times.

    How do bad landlords and tenants exist? Because we as a society put up with it.

    What is the legality surrounding paying for the repairs by deducting it from the rent? Would threshold be able to advise you on that?

    A chat with Threshold would be grand if you have not already done so. They helped me several times


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    #67
    The_Morrigan
    Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    El_Dangeroso wrote: »
    I would not let this landlord away with it either. There is too much of this 'anything for a quiet life' attitude from posters here at times.

    How do bad landlords and tenants exist? Because we as a society put up with it.

    What is the legality surrounding paying for the repairs by deducting it from the rent? Would threshold be able to advise you on that?

    I'd be taking what Threshold say with a pinch of salt these days, they have been found out to be giving advice which breaches tenancy law.


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    #68
    Drone808
    Registered Users Posts: 34 ✭Drone808


    The_Morrigan wrote: »
    I'd be taking what Threshold say with a pinch of salt these days, they have been found out to be giving advice which breaches tenancy law.

    I've had a 50/50 experience with them and am quite ambivalent towards them at this point. That comment doesn't surprise me at all.


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    #69
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    The RTA 2004 allows for the tenant to be reimbursed for repairs that are the landlord's responsibility which have not been performed in the time requested by the tenant.

    Since it appears all avenues are exhausted and the landlord is still refusing, I would get them done yourself and deduct it from the rent. If the landlord tried to deduct it from your deposit, evict you or go to the PRTB, it's very likely to work in your favour.

    I can only see the PRTB viewing it as the tenant doing the landlord's job.


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    #70
    Drone808
    Registered Users Posts: 34 ✭Drone808


    Michael D Not Higgins wrote: »
    The RTA 2004 allows for the tenant to be reimbursed for repairs that are the landlord's responsibility which have not been performed in the time requested by the tenant.

    Since it appears all avenues are exhausted and the landlord is still refusing, I would get them done yourself and deduct it from the rent. If the landlord tried to deduct it from your deposit, evict you or go to the PRTB, it's very likely to work in your favour.

    I can only see the PRTB viewing it as the tenant doing the landlord's job.

    I'm afraid of my life of playing with the rent - very risky and is likely to give landlord ability to give us notice. The act does enable us to get the repairs done which we will start doing.

    However, we pay electricity to landlord - we have a sub meter in our building. We could say you owe us X, we owe you X. That equals nothing. Done.
    It may trigger an electricity switch being flicked, though my understanding is that this would be considered an illegal eviction as disruption to the core utility service on the property and taken very seriously.


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    #71
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Drone808 wrote: »
    I'm afraid of my life of playing with the rent - very risky and is likely to give landlord ability to give us notice. The act does enable us to get the repairs done which we will start doing.

    However, we pay electricity to landlord - we have a sub meter in our building. We could say you owe us X, we owe you X. That equals nothing. Done.
    It may trigger an electricity switch being flicked, though my understanding is that this would be considered an illegal eviction as disruption to the core utility service on the property and taken very seriously.

    Indeed, that would be an illegal eviction.

    I know you're reluctant to deduct from rent but something like smoke alarms fit perfectly into the clause 12 (g) of the RTA. It severely impacts your safety to delay getting them. The PRTB don't look kindly on landlords shirking their responsibilities so I wouldn't be worried about getting the expenses back. Have you gotten the smoke alarms yet?

    The items the local authority have identified is where you need to tread carefully. Has the 3 months period they granted lapsed? What items does it cover? Is 3 months a reasonable period to give? For example, not having heating all winter significantly affects your quality of life and also fits into the unreasonable delay part of 12 (g).

    You've mentioned getting a solicitor's advice at one stage but I'm not sure if you've contacted one yet. This should be your next step. You're not going to be satisfied with us randomers giving you suggestions on how to proceed, so professional advice should be what guides you.


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    #72
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Michael D Not Higgins wrote: »
    I would get them done yourself and deduct it from the rent.
    Careful about this. Not giving full rent may allow the landlord to start the eviction process against the OP for not paying full rent.


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    #73
    Drone808
    Registered Users Posts: 34 ✭Drone808


    the_syco wrote: »
    Careful about this. Not giving full rent may allow the landlord to start the eviction process against the OP for not paying full rent.

    It's surprising how many people suggest this - it's the one thing a tenant can do that will risk them being on the street in 28 days. Don't ever play with the rent money or the landlord will all of a sudden have something that they have been praying for delivered right into their lap.


    On another note, landlord came in last week and had 3 smoke alarms installed - no fire blanket though. Seems the council visit spooked them a bit, but only slightly.


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    #74
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Drone808 wrote: »
    On another note, landlord came in last week and had 3 smoke alarms installed - no fire blanket though. Seems the council visit spooked them a bit, but only slightly.
    Press the button to test them...


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    #75
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    the_syco wrote: »
    Careful about this. Not giving full rent may allow the landlord to start the eviction process against the OP for not paying full rent.

    I should've clarified that you notify the landlord of the intention etc. If the landlord were to start eviction proceedings the tenant can contest it with the PRTB. They don't look kindly on landlords shirking their legal responsibilities.


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    #76
    Drone808
    Registered Users Posts: 34 ✭Drone808


    the_syco wrote: »
    Press the button to test them...

    PS: They work !


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    #77
    Drone808
    Registered Users Posts: 34 ✭Drone808


    Michael D Not Higgins wrote: »
    I should've clarified that you notify the landlord of the intention etc. If the landlord were to start eviction proceedings the tenant can contest it with the PRTB. They don't look kindly on landlords shirking their legal responsibilities.

    I know the PRTB don't look kindly on that bit, but I'm pretty sure they don't look kindly on deducting from the rent without prior agreement with the landlord aswell.

    Whilst you could in theory do it, and then have the landlord come after you via the PRTB and win, the act of deducting I feel would weaken any case in the eyes of the PRTB as it would be seen as a move that contravenes the act regardless of the "why" involved even if you were being persecuted by the landlord.

    Our goal is to go into the PRTB squeeky clean vis a vis the RTA and our obligations and playing by the book - even if that takes a bit more manouvering to get there the right way.


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