Advice on 1-year lease

Misticles

I took out a 1 year lease and moved into the apartment in February. So far it has been one thing after another breaking.

We did up a snag list when we moved in with issues that need to be rectified:

such as carpet coming up around the door

door needing another lock as the main door is often open

heating was the main one - it was broken twice in the short time we have lived there meaning we have been without functional heating - we either had no hot water or had to leave it on constant

our toilet flushes hot water - the LL has refused to fix as this is "working order"

shower door almost fell in on us - instead of a new bracket, they hammered a screw into it so it cant move

a drawer front fell off last week and when we went to put it back on ourselves we noticed it had already been glued - we couldn't get it to go on securely. When we moved in the drawers sat funny, we had to lift the middle up to open the bottom one - this is on the inventory pictures. LL has refused to fix it quoting "it's only a few years old"

bed broke - repaired

washing machine broke - repaired

tile in bathroom loose - repaired but broken again

previous tenants took the wooden venetian blinds from bedrooms - on my lease it says furnished to the same standard or similar - landlord has refused to provide these and gave cotton blinds which don't keep any light out

last night we noticed that there is a square on the ceiling in our room - two sides have cracks and we can press the cracks upwards so not sure what that is about - a leak upstairs maybe

oh and the apartment shakes...it's on the 3rd floor and every night it randomly shakes - we thought it was the bus but we cant figure out what it is at all.

overall, we want to live somewhere else now - we have only been there just over 3 months and everyday we are finding something else that is broken and the repairs are either refused or they reluctantly do them but it takes up to a month to get done. We complained about the heating for the second time at the end of April and only today a new timer has been fixed.

Any advice? can we leave before the 1 year is up based on everything that has/is wrong with the apartment and the reluctance on repairing? We are really worried about the shaking of the apartment too.

MarkAnthony

If it was going to fall down I suspect it would have done already. In an effort not to be picked up as sarcastic, I'm being serious - just trying to put your mind at ease. The Guinness trucks going up the quays sometimes put a vibration through our building - it's more likely very loud noise than an actual transmitted vibration.

Atlantic Dawn

The shaking is from cars moving in the underground car park normally, if there is no underground parking it's falling down.

Misticles

There is a car park but not underground

There is no break clause in our contract - none that I can find anyhow. If the LL refuses to fix the toilet issue can this be deemed a breach on his side as he is maintaining the sanitation to perfect working order? arghh... maybe if it fell down it would be better!

Michael D Not Higgins

Let me address these separately:

Carpet: not a big issue.

Door: is there no lock on it already? If so, you don't need another lock.

Heating/hot water: necessary, should be fixed quickly by the landlord. Since you said it's broken twice, this seems like they have mended it. If it works now, don't see an issue.

Toilet: necessary, something wrong with the plumbing and you're literally flushing your hot water away. This is costing you money.

Shower door: not a big issue.

Drawers: poorly fitted, should be fixed but no real urgency.

Bed: you said it was fixed

Washing machine: you said it was fixed

Tile: you said it was fixed and broke again. Leave it broken til they decide they want to fix it.

Blinds: your lease says same standard as what? It seems odd that the lease would refer to the venetian blinds, unless it's part of the inventory and shouldn't have been. There is no obligation on the landlord to give you blinds so no issue here.

Crack in ceiling: notify landlord and leave it.

Apartment shakes: no idea, could be an issue or not.

Really the only important ones are the heating and plumbing. Quality issues are not items you can break a lease over. If the heating is working the only real issue is the hot water in the toilet and even then it's sort of an issue on money alone. Come to an agreement with the landlord on the cost since they refuse to fix it or open a PRTB dispute.

Misticles

Michael D Not Higgins wrote: »

Let me address these separately:

Carpet: not a big issue.

Door: is there no lock on it already? If so, you don't need another lock.

-- there is one lock but it can be bypassed by using your bank card. The main door downstairs was being left open and you can access the apartments through the bin area where no key is required so we were recommended to get one.

Heating/hot water: necessary, should be fixed quickly by the landlord. Since you said it's broken twice, this seems like they have mended it. If it works now, don't see an issue.

-- new timer installed yesterday so fingers crossed

Toilet: necessary, something wrong with the plumbing and you're literally flushing your hot water away. This is costing you money.

-- it's costing money and also hot water heightens smell so if you do a smelly one it makes it 10 times worse and then there is splashback.

Shower door: not a big issue.

Drawers: poorly fitted, should be fixed but no real urgency.

Bed: you said it was fixed

Washing machine: you said it was fixed

Tile: you said it was fixed and broke again. Leave it broken til they decide they want to fix it.

Blinds: your lease says same standard as what? It seems odd that the lease would refer to the venetian blinds, unless it's part of the inventory and shouldn't have been. There is no obligation on the landlord to give you blinds so no issue here.

-- same standard to what I viewed. In the contract it says it is to be rented with the same contents or those of a similar standard (the LL was in talks with the tenants to buy their furniture instead) The venetian blinds were there when I viewed but taken when we arrived.

Crack in ceiling: notify landlord and leave it.

Apartment shakes: no idea, could be an issue or not.

-- it's just bizarre, the neighbours keep to themselves so we don't see them to ask if they have the same issue.

Really the only important ones are the heating and plumbing. Quality issues are not items you can break a lease over. If the heating is working the only real issue is the hot water in the toilet and even then it's sort of an issue on money alone. Come to an agreement with the landlord on the cost since they refuse to fix it or open a PRTB dispute.

We wouldn't consider breaking over minor issues, the main one to us is the toilet as it is unhygienic and costing us money. they say it has always been like this and the landlord has no intention of fixing it as the whole wall has to come out I think but yet he also says it's in perfect working order.

Michael D Not Higgins

Misticles wrote: »

We wouldn't consider breaking over minor issues, the main one to us is the toilet as it is unhygienic and costing us money. they say it has always been like this and the landlord has no intention of fixing it as the whole wall has to come out I think but yet he also says it's in perfect working order.

It's absolutely not in working order. This is the real sticking point. If they refuse to fix it, then they're enforcing this cost on you. You need to agree to a mutual solution or open a PRTB dispute.

Misticles

Exact quote from property agent :

I have just spoken with the landlord regarding this and he has advised me that the toilet has always been this way, it is how it was plumbed in and is not something that are willing to have rectified as it is still in full working order.

Michael D Not Higgins

Misticles wrote: »

Exact quote from property agent :

I have just spoken with the landlord regarding this and he has advised me that the toilet has always been this way, it is how it was plumbed in and is not something that are willing to have rectified as it is still in full working order.

Mention if they are unwilling to reach a compromise, you are going to open a dispute with the PRTB and let them think about it.

Misticles

I submitted a meter reading on Friday and we have been told now that our monthly payment is going from 34 to 89 as they have worked out that we will be using more energy than previously anticipated. This is all down to the heating not working properly and us heating toilet water. Hopefully when we submit another reading at the end of the month it will decrease as the heating is fixed now.

Warrior1916

You can give a months notice but its up to the Landlord if s/he gives you back the deposit when breaking the lease. The Landlord wants an easy life with tenants that don't complain and cause too much work so its very likely that the LL will not renew your lease past 12months. You may just lose your deposit but saying that you may only get a portion back at the end of the year. If I was so concerned about the shaking I would forfeit my deposit and move.

Lux23

In fairness to the landlord it sounds like they have made an effort to rectify any problems, however the toilet is a fairly big problem, would you ask for a reduction in rent to cover the cost of the wasted hot water?