Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Tenant's Rights - Inhabitable Rent Reduction

Options
2»

Comments

  • Options
    #32
    Shadylou
    Registered Users Posts: 252 ✭✭Shadylou


    The landlord here is being unreasonable, the tenants were unable to avail of a service for a week therefore they should not have to pay for it simple as!! Even if it's not in law it shouldn't even be a case of the tenant having to ask if the landlord was anyway professional he should've known to offer it straight away


  • Options
    #33
    Icepick
    Registered Users Posts: 2,456 ✭✭✭Icepick


    Landlord compensates you and then seeks compensation from the management co or his insurance

    Ask the management co if they compensated unit owners.


  • Options
    #34
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    I doubt the LL had insurance. If he had, then he should have got his insurance company to talk to the management company insurers...


  • Options
    #35
    The_Chap
    Registered Users Posts: 493 ✭✭The_Chap


    And the landlord should equally apply to the bank for a weeks reduction in his mortgage as this was also out of his control? Would you then say the banks would be unreasonable to refuse this also?

    Contents are insured by tenants, structural by landlords, so any food spoilage should be covered by tenants insurance

    Amazes me that general issues that happen in life most people just get on and deal with while others look for someone else to either blame or foot an unexpected bill


  • Options
    #36
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    The_Chap wrote: »
    And the landlord should equally apply to the bank for a weeks reduction in his mortgage as this was also out of his control? Would you then say the banks would be unreasonable to refuse this also?
    Except the mortgage agreement is to do with providing funding to purchase a property, the lease agreement is to do with occupation of a property. The landlord still owned apartment for the week that the tenants were unable to live there. What the ll does with the property has nothing to do with the bank.

    OP if you could please clarify who told you to vacate for the week?


  • Advertisement
  • Options
    #37
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    The_Chap wrote: »
    And the landlord should equally apply to the bank for a weeks reduction in his mortgage as this was also out of his control? Would you then say the banks would be unreasonable to refuse this also?

    You are not comparing like with like.

    If I buy a car and it breaks down, that's just my tough luck. The fact that the purchase may have been financed by a bank it not relevant.

    If I rent a car and it breaks down, I expect the car hire company to provide a replacement.


  • Options
    #38
    TwoShedsJackson
    Closed Accounts Posts: 9,438 ✭✭✭TwoShedsJackson


    If he knows you're leaving why would you expect him to give you anything off now? He'll never see you again, he doesn't care if you're upset or inconvenienced, if indeed he ever did.


  • Options
    #39
    The_Chap
    Registered Users Posts: 493 ✭✭The_Chap


    Graham wrote: »
    You are not comparing like with like.

    If I buy a car and it breaks down, that's just my tough luck. The fact that the purchase may have been financed by a bank it not relevant.

    If I rent a car and it breaks down, I expect the car hire company to provide a replacement.

    I'm aware it's not a like for like, the point I'm making is that unless it is specified in either the tenancy agreement or the RTA, then they need the landlords agreement to withhold any rent - and if they do, the landlord has right to withhold the same amount from the deposit - then they can take it to Prtb if they please

    For 1 weeks worth of rent? Personally I'd move on and chalk it up


  • Options
    #40
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    The_Chap wrote: »
    I'm aware it's not a like for like, the point I'm making is that unless it is specified in either the tenancy agreement or the RTA, then they need the landlords agreement to withhold any rent - and if they do, the landlord has right to withold the same amount from the deposit - then they can take it to Prtb if they please

    For 1 weeks worth of rent? Personally I'd move on and chalk it up

    If you're aware it's not like for like, why would you make the comparison?

    I didn't ever suggest they withhold rent, in fact I would advise against it in case is prejudiced any future action taken via the PRTB.

    For the sake of 5 minutes effort, I'd phone the PRTB. It may only be 1 weeks worth of rent but that could equate to hundreds of euro out of a tenants pocket. For all we know the landlord amy well have insurance to cover this and just hasn't claimed against his policy.


  • Options
    #41
    The_Chap
    Registered Users Posts: 493 ✭✭The_Chap


    Graham wrote: »
    If you're aware it's not like for like, why would you make the comparison?

    I didn't ever suggest they withhold rent, in fact I would advise against it in case is prejudiced any future action taken via the PRTB.

    For the sake of 5 minutes effort, I'd phone the PRTB. It may only be 1 weeks worth of rent but that could equate to hundreds of euro out of a tenants pocket. For all we know the landlord amy well have insurance to cover this and just hasn't claimed against his policy.

    I didn't realise you were policing what can and can't be posted here, and I'm pretty sure I didn't say you had suggested anything so there is no need for defensive mode!


  • Advertisement
  • Options
    #42
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Shadylou wrote: »
    The landlord here is being unreasonable, the tenants were unable to avail of a service for a week therefore they should not have to pay for it simple as!! Even if it's not in law it shouldn't even be a case of the tenant having to ask if the landlord was anyway professional he should've known to offer it straight away

    I agree totally, and I'm a LL. Totally out of line to charge for a weeks service that wasn't provided.


  • Options
    #43
    Icepick
    Registered Users Posts: 2,456 ✭✭✭Icepick


    ABajaninCork wrote: »
    I doubt the LL had insurance. If he had, then he should have got his insurance company to talk to the management company insurers...
    For all we know he was compensated and didn't pass it on


  • Options
    #44
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Icepick wrote: »
    For all we know he was compensated and didn't pass it on

    That too.


  • Options
    #45
    v.e.r.b.a.l
    Registered Users Posts: 411 ✭✭v.e.r.b.a.l


    Wow. Thanks for all the replies.

    Lots of opinions here. To clear it up, it was the property management company who kicked everyone out, but they got in contact with the landlord to sort it out with tenants.

    We've just paid the reduced rate for now and are going to speak with PTRB on Monday and if they say to pay the full amount, we will.

    But really, he should give us the reduction. His insurance covers this, it;s his responsibility and it adds up to €200, which mightn't be the biggest deal to a lot of people, but it is when you need it for rent in your next place. Plus, he's completely out of line and unprofessional in telling us about how he's struggling with his mortgage. I'm struggling with my rent!!

    Pity we couldn't find any legislation, (and pity the PTRB don;t open weekends!) but hopefully the PTRB will clear it up on Monday and I;ll post what they say for anyone else in a similar situation.


  • Options
    #46
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Be prepared for the landlord to deduct that from your deposit if no agreement was in place. Witholding rent is never the way to solve a problem, you haven't been granted a reduction in rent and taking it unilaterally is only asking for trouble.


  • Options
    #47
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    athtrasna wrote: »
    Be prepared for the landlord to deduct that from your deposit if no agreement was in place. Witholding rent is never the way to solve a problem, you haven't been granted a reduction in rent and taking it unilaterally is only asking for trouble.
    Agreed. You want to be as squeaky clean as possible if you're taking a case to the prtb. They aren't necessarily breaking any law or agreement by not reducing rent but you definitely are breaking plenty by withholding. Madness when you're more or less assured that things will go in your favour.


  • Options
    #48
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    TheChizler wrote: »
    Agreed. You want to be as squeaky clean as possible if you're taking a case to the prtb. They aren't necessarily breaking any law or agreement by not reducing rent but you definitely are breaking plenty by withholding. Madness when you're more or less assured that things will go in your favour.

    Also, from personal experience the PRTB won't necessarily give advice over the phone, you either take a case or not. Threshold are the ones for that.


  • Options
    #49
    hdowney
    Registered Users Posts: 12,921 ✭✭✭✭hdowney


    v.e.r.b.a.l wrote:
    But really, he should give us the reduction. His insurance covers this, it;s his responsibility and it adds up to €200, which mightn't be the biggest deal to a lot of people, but it is when you need it for rent in your next place. Plus, he's completely out of line and unprofessional in telling us about how he's struggling with his mortgage. I'm struggling with my rent!!


    The bit about needing it for your next place. If you hadn't been out of the place a week you have paid full, so wouldn't have had it for the next place. Sounds like you have bigger problems


  • Options
    #50
    TheChizler
    Registered Users Posts: 9,455 ✭✭✭TheChizler


    Where did you stay for the week OP? Ideally what should have happened is that the landlord would have organized alternative accommodation for the week and you would have paid rent as normal.


  • Options
    #51
    seventeen sheep
    Closed Accounts Posts: 776 ✭✭✭seventeen sheep


    hdowney wrote: »
    The bit about needing it for your next place. If you hadn't been out of the place a week you have paid full, so wouldn't have had it for the next place. Sounds like you have bigger problems

    But maybe that money was used on the taxis to work, or the rent paid to their folks?


  • Advertisement
Advertisement