Am I being screwed over by my landlord?

ForestFire

Dose anyone know if it is possible for the Tennants to delay this repair work?

If there are still living in the property and the damage is not affecting them or the property, can they just start paying for the work to be carried out at a later date?

This allows them to pay for the work over a more suitable time and the landlord is not out of pocket either and will get the repairs he requires.

I mean whats the point in replacing the entire stairs now, only for it to get damaged again, when there is only cosmetic damage done and the tenants are not pushing for repair.

The landlord is also covered (At least as much is he is now anyway) as he is starting to get the repair money into his account.

WychWillow

ForestFire wrote: »

Dose anyone know if it is possible for the Tennants to delay this repair work?

If there are still living in the property and the damage is not affecting them or the property, can they just start paying for the work to be carried out at a later date?

This allows them to pay for the work over a more suitable time and the landlord is not out of pocket either and will get the repairs he requires.

I mean whats the point in replacing the entire stairs now, only for it to get damaged again, when there is only cosmetic damage done and the tenants are not pushing for repair.

The landlord is also covered (At least as much is he is now anyway) as he is starting to get the repair money into his account.

This is exactly what the LL suggested in February to us! We agreed to this and said he could add a set figure to be agreed upon onto our rent each month. This is what we though was going to be happening until we got the termination letter and threat that if we didn't pay the whole figure by august 5th we would be thrown out.

Michael D Not Higgins

WychWillow wrote: »

I have asked for a list of works required multiply times, at least twice a day since Sunday, once to the LL and once to the agents. Neither of them are providing me with this list. All I am getting from my LL is 'give me this money and then I will issue you with another lease'

You need to say to the landlord that you're willing to discuss it when you know what's being repaired. If he's still threatening eviction then you need to go to the PRTB.

MayoAreMagic

A question OP. Do you not think that getting the 2 huskies was pushing it a bit? You already had 3 - quite a lot for the average person. I mean, 5 animals inside the house - 2 of them being toilet trained at the time, how can you be surprised that this guy is, for my money, trying to get you to move on? Do you think many more landlords will allow 5 pets into their property? Most wont even allow 1 in. Just because it didn't not allow pets, doesn't mean you can open a petting zoo either.
It is clear you like the property and want to stay. Well then if that is the case, you probably need to be a bit more considerate to what is another person's property that you have the use of. You can say 'well a landlord cant tell me how to live my life' and while that is true, you cant use that as an excuse to completely ignore him and do what you like with his house either. If you want that kind of freedom, then you need to buy the house off him.
Now you can tell us all about how shelters are bursting at the seams with dogs, and that is terrible. But the fact is you weren't in a position to take these dogs in, and all the sob stories in the world about where these dogs came from doesn't change that. I don't think it is unreasonable for this man to want you to move on.

WychWillow

WychWillow wrote: »

First regarding the post about my dogs welfare and there being pounds bursting at the seams with dogs, these two dogs in question were rescue dogs, one was thrown out of a car window when she was 8 weeks old, the other was tied up with an electric shock collar that was up so high all his neck was burnt and scarred and was set to be put down because the owner just didn't want him, so I have given my dogs life, and they are part of my family and in no way have I disregarded their welfare and take offence to that comment

Its fantastic that you want to rescue animals and obviously have a passion for them but the above just strengthens my point IMO. Those pups deserve a stable secure life after what they've been through. Unfortunately rented accommodation is never completely secure. Having 3 pets already was pushing it. If your accommodation falls through, you now have FIVE animals to try to find a new home with. That is going to be nearly impossible in my experience. Putting them at risk of having to be rehomed again and you at risk of losing your beloved pets. Furthermore, I have a rescued dog in a rented apartment. I made sure to get an adult dog to avoid any damage being done to someone elses property. I don't want to take the thread off topic any further. I don't know if your landlord is being honest in this situation or not but I sincerely hope you can get it sorted and you and all your family , human and animal, can stay where you are.

WychWillow

MayoAreMagic wrote: »

A question OP. Do you not think that getting the 2 huskies was pushing it a bit? You already had 3 - quite a lot for the average person. I mean, 5 animals inside the house - 2 of them being toilet trained at the time, how can you be surprised that this guy is, for my money, trying to get you to move on? Do you think many more landlords will allow 5 pets into their property? Most wont even allow 1 in. Just because it didn't not allow pets, doesn't mean you can open a petting zoo either.
It is clear you like the property and want to stay. Well then if that is the case, you probably need to be a bit more considerate to what is another person's property that you have the use of. You can say 'well a landlord cant tell me how to live my life' and while that is true, you cant use that as an excuse to completely ignore him and do what you like with his house either. If you want that kind of freedom, then you need to buy the house off him.
Now you can tell us all about how shelters are bursting at the seams with dogs, and that is terrible. But the fact is you weren't in a position to take these dogs in, and all the sob stories in the world about where these dogs came from doesn't change that. I don't think it is unreasonable for this man to want you to move on.

I didn't give a sob story about pounds bursting at the seams, I was simply replying to another reply stating that fact.

The LL doesn't actually want me to move out, he is offering me another lease with a condition, the LL knows the house isn't in a desirable area, it was left empty for well over a year before I moved down here because no one wanted to live in the area. The estate agent even said to me when showing me around 'why the hell do you want to move here?' So if I leave again his house is going to be empty and he is losing months worth of rent, he lives in the uk so there is no one here to watch it. While we have been living here the locals have stolen property, broken windows etc. so imagine what would happen to it if it was empty again. Strangely enough the one deterrent now is people think I have 2 wolves in the back garden so don't come near the house anymore to damage it or to steal things, and since they have been out the back I have had no problems.

Also I have never once said my LL can't tell me how to live my life, I am trying to be as reasonable as I can be with him, I just simply can't afford a lump sum of 4,300 in such a short space of time.

WychWillow

Deleted User wrote: »

Its fantastic that you want to rescue animals and obviously have a passion for them but the above just strengthens my point IMO. Those pups deserve a stable secure life after what they've been through. Unfortunately rented accommodation is never completely secure. Having 3 pets already was pushing it. If your accommodation falls through, you now have FIVE animals to try to find a new home with. That is going to be nearly impossible in my experience. Putting them at risk of having to be rehomed again and you at risk of losing your beloved pets. Furthermore, I have a rescued dog in a rented apartment. I made sure to get an adult dog to avoid any damage being done to someone elses property. I don't want to take the thread off topic any further. I don't know if your landlord is being honest in this situation or not but I sincerely hope you can get it sorted and you and all your family , human and animal, can stay where you are.

The welfare of my family (animals included) is not up for debate, if worse comes to worse and he does evict us my mother in law has said we can all go and live with her (animals included). She lives in Dublin, where we originally moved from, we live on the Wicklow/Wexford border, so although not ideal due to the children's schooling it is a solution. My LL knows I want to stay here to see at least my daughters schooling out until the end of leaving cert which is another 2 years. He originally offered me in February a 2 year lease with monthly payments, now he is offering me a 2 year lease after a lump sum is paid.

jimmycrackcorm

You should get your own quotation to get the repairs done to specifically match the damage. I.e. Why does the door need a new surround instead of matching the existing door?

WychWillow

WychWillow wrote: »

The welfare of my family (animals included) is not up for debate, if worse comes to worse and he does evict us my mother in law has said we can all go and live with her (animals included).

Fair enough. Best of luck. Hope you get it sorted.

MayoAreMagic

WychWillow wrote: »

I didn't give a sob story about pounds bursting at the seams, I was simply replying to another reply stating that fact.

The LL doesn't actually want me to move out, he is offering me another lease with a condition, the LL knows the house isn't in a desirable area, it was left empty for well over a year before I moved down here because no one wanted to live in the area. The estate agent even said to me when showing me around 'why the hell do you want to move here?' So if I leave again his house is going to be empty and he is losing months worth of rent, he lives in the uk so there is no one here to watch it. While we have been living here the locals have stolen property, broken windows etc. so imagine what would happen to it if it was empty again. Strangely enough the one deterrent now is people think I have 2 wolves in the back garden so don't come near the house anymore to damage it or to steal things, and since they have been out the back I have had no problems.

Also I have never once said my LL can't tell me how to live my life, I am trying to be as reasonable as I can be with him, I just simply can't afford a lump sum of 4,300 in such a short space of time.

But you did give a story about a shock collar, and another being thrown from a window. All terrible, but it doesnt change anything as regards the house. In fact, from the landlords perspective, it probably makes them less viable candidates to be bringing into the place. that isn't something I think you have considered much - the landlords perspective. you seem to think you are doing him a favour renting the place.

If that is the case then how can you explain the guy doing everything in his power to get you to move on? Demanding everything be replaced, demanding everything be new, demanding the money up front, these are the oldest tricks in the book. Does that sound like the actions of a man who wants you to stay? Talk is cheap, actions speak louder than words.

Have you not considered rehoming the huskies now that they are healthy? Would you consider taking in even more animals in the future?

Teyla Emmagan

It makes no sense to me that he's doing all these repairs mid tenancy, given you will probably cause more damage to the house with the current/future menagerie. If I were him I would be leaving any repairs until you were gone. I think he wants rid of you and is taking you for a ride in the meantime.

The_Conductor

Teyla Emmagan wrote: »

It makes no sense to me that he's doing all these repairs mid tenancy, given you will probably cause more damage to the house with the current/future menagerie. If I were him I would be leaving any repairs until you were gone. I think he wants rid of you and is taking you for a ride in the meantime.

The sense is that he is not expecting the OP to stay in the property.
If he/she does- well, they're back at square one- and if any new damage occurs- they have a fresh bill to restore it.

All-in-all, the landlord either expects to kick the OP out- or the OP to leave of their own volition.........

As for the property being rural, and difficult to rent- it sounds more like the landlord has an attachment to the property- and doesn't particularly care whether its let or not- wolves in the back garden bedamned........

oppenheimer1

The_Conductor wrote: »

Wrong.
A landlord is not entitled to deduct anything from a tenants deposit for fair (or normal) wear and tear. A landlord is only allowed deduct from a tenant's deposit for any damage over and above normal wear and tear. It also does not state anywhere that replaced fittings have to be replaced with old or recycled fittings. If you've gotten away with this in the past- you've been lucky- you have no entitlement to expect this.

Yes that was a mistake/typo on my part. It should have read, "...for damage beyond fair wear and tear."

ABajaninCork

Are you deducting the 20% tax for the Revenue, as the LL's non-resident OP?

ForestFire

ABajaninCork wrote: »

Are you deducting the 20% tax for the Revenue, as the LL's non-resident OP?

Sorry if this has been answered a hundred times before, but if you are renting through a rental agency and paying the rent to them only, who is responsible to do this, the tennant or the rental agency?

Stheno

ForestFire wrote: »

Sorry if this has been answered a hundred times before, but if you are renting through a rental agency and paying the rent to them only, who is responsible to do this, the tennant or the rental agency?

The agency

WychWillow

ABajaninCork wrote: »

Are you deducting the 20% tax for the Revenue, as the LL's non-resident OP?

No and we were never told to do this, my landlord has made it look like he lives in Ireland on my lease, he has given his mothers address as his residence and we pay the rent directly into his Irish bank account. He refuses to give me his UK address. So I'm not sure where I stand with this either.

The_Conductor

WychWillow wrote: »

No and we were never told to do this, my landlord has made it look like he lives in Ireland on my lease, he has given his mothers address as his residence and we pay the rent directly into his Irish bank account. He refuses to give me his UK address. So I'm not sure where I stand with this either.

Legally- once you become aware that the landlord is not resident in the country- you are obliged to withold 20% of the rent and forward it the Revenue Commissioners. The landlord, in turn, gets a rebate via a balancing statement if a refund is due at the end of the tax year.

Its your obligation to do this- it is not the obligation of the landlord to inform you to do this. Yes- is crappy that no-one tells the tenant its their obligation- but its the law.

WychWillow

So as we've lived here for 2 years so far are we going to be liable to pay 2 years worth of 20% in tax?

Wabbit Ears

srsly, nobody does that 20% thing, Like absolutely nobody who wants a peaceful life. I really wish people would stop bringing it up.

Its like quoting some obscure 1600's law about walking behind a goat or something random and constantly warning people about it. Silly stuff altogether

ABajaninCork

Wabbit Ears wrote: »

srsly, nobody does that 20% thing, Like absolutely nobody who wants a peaceful life. I really wish people would stop bringing it up.

Its like quoting some obscure 1600's law about walking behind a goat or something random and constantly warning people about it. Silly stuff altogether

But it's also the law. And as far as I'm aware it hasn't been repealed...

Wabbit Ears

Other fun silly laws

http://www.staycity.com/blog/category-dublin/15-crazy-wacky-laws-in-dublin-you-might-have-to-adhere-to-while-in-the-city/

The_Conductor

Wabbit Ears wrote: »

Other fun silly laws

http://www.staycity.com/blog/category-dublin/15-crazy-wacky-laws-in-dublin-you-might-have-to-adhere-to-while-in-the-city/

Wabbit ears- please post links that are pertinent to this forum. We have other forums on the site where you can post general discussions- about silly Irish laws (or indeed whatever else you'd like to discuss). Your current post is not best suited to this forum.

jmayo

WychWillow wrote: »

As for proof that prior damage wasn't caused by me, the estate agents has a list of damage already on the property before we moved in, this includes damage to the doors we are going to be replacing, damage to window sills, the chewed bottom stair and a few others things besides, these are all things the landlord is claiming we are 100% responsible for. Although I do not have that list from the agents I do have an email which I sent the day we moved in stating this damage and a reply from the agents acknowledging it and making an appointment to come out and see it.

The stairs and skirting is varnished. The floor is a wooden floor, we asked if it could be sanded and varnished, the landlord said no he wants a new floor.

Whilst I think the landlord maybe pulling the p** as regards replacing entire skirting boards and new floors I think you were also damm well pulling the pee.

You already had 2 cats and a dog (not a small dog either) and you thought it was good idea to get two puppies.
Huskies while you were at it.

What part of the fact you were renting and not a property owner did you fail to notice ?

I have seen dogs trying to run on varnished polished floors and all you hear is there nails tearing trying to get grip.
Then as most of us know puppies are destructive and they often tend to chew things.

And there is zero chance you and your pack are going to get any landlord to take you in.

Why do I have the feeling that someday, if you ever buy a property, you could be one of those we see on TV being visited by RSPCA because the property is overrun with animals.

You may have to cough up more than would actually pay for the damage, because you are stuck with few options.

WychWillow wrote: »

<MOD SNIP>

My landlord lives and works in the UK, he was over here visiting his family when I mentioned him being back in the country.

I'll try and post pictures, I'm not sure if I'll be able as I've not got enough posts.

This opens up an interesting issue.
It looks like the landlord is not tax compliant, but then again you could be the one in stum because of the tenants so called obligation to pay the landlords taxes for them.

WychWillow

Jmayo, as I have said plenty of times, both the letting agents and my landlord knew about my dogs, they knew about my animals from the start of my tenancy, it has never been a problem, I have never tried to hide them and the letting agents have even commented on how nice and well behaved they were. As the issue most people seem to be having is my animals I'll try and straighten a few things out, the two huskies were not young puppies when we rescued them, they have never been left alone in the property, they have not chewed on anything in the house and any damage was reported straight away. We have not taken in any more rescue animals in the last year and a half, nor are planning on taking in any more be it rescue or otherwise.

As for the damage to the property, I will give you an example. The kitchen door is covered from the floor to half way up in scratches, they are so old they are dark brown and have damp surrounding them, these go the whole width of the door. are very noticeable and are very extensive, these were already here when we moved in, I have never locked my dogs out of the kitchen so the damage my dogs did were to the handle area where he was trying to open the door to get to the back door, this area is around 4-5 inches long and 2 inches wide, the scratches are fresh and light coloured. There is an obvious difference in age. I am being told I have to replace all the doors in the house and all the wood and renovate his house basically because of the scratches on the door that I didn't cause and have proof that I didn't cause but the letting agents won't give me that proof because my landlord won't allow them too. I have always been reasonable with him and said I would pay for any damages that I caused.

My landlord is refusing to give me a list of items he wants replacing, a detailed quote of the repairs, or an inventory of damage that was already on the property, instead he is saying give me 4,300 and I will renew your lease. He has issued me with an invalid termination letter, offering to guarantee loans for me and saying if I argue or quibble over the amount then his arrangement won't work. Threshold and 4 different solicitors have told me that what he is doing is verging on criminal and tantamount to blackmail and extortion and I defiantly have a case for the prtb.

MayoAreMagic

WychWillow wrote: »

My landlord is refusing to give me a list of items he wants replacing, a detailed quote of the repairs, or an inventory of damage that was already on the property, instead he is saying give me 4,300 and I will renew your lease. He has issued me with an invalid termination letter, offering to guarantee loans for me and saying if I argue or quibble over the amount then his arrangement won't work. Threshold and 4 different solicitors have told me that what he is doing is verging on criminal and tantamount to blackmail and extortion and I defiantly have a case for the prtb.

Look, the reason he is doing that is because he wants you to either leave or realise that keeping loads of animals is going to have repercussions. The reason he has now decided this is because he seen that despite already having 3 animals, you are willing to take in even more without batting an eyelid - large ones, known for being very active. He is probably thinking 'next time I come back there will be two horses at the dinner table and a goat in the living room'. He is worried about the property, that's all. He is probably giving you a big quote to give you a message - every bit of damage your animals do, you will be paying through the nose for. Truth be told, not all that unreasonable.

Taboola

WychWillow wrote: »

My landlord is refusing to give me a list of items he wants replacing, a detailed quote of the repairs, or an inventory of damage that was already on the property, instead he is saying give me 4,300 and I will renew your lease. He has issued me with an invalid termination letter, offering to guarantee loans for me and saying if I argue or quibble over the amount then his arrangement won't work. Threshold and 4 different solicitors have told me that what he is doing is verging on criminal and tantamount to blackmail and extortion and I defiantly have a case for the prtb.

Go to the PRTB then.

Penny Tration

Four solicitors telling you that what he's doing is extortion? I find that very difficult to believe. If that's the case - press charges.

Or - go to the prtb and lodge a dispute.

As an aside - taking in rescue dogs, making them indoor dogs, then making them outside dogs is a rotten, downright cruel thing to do to dogs who have already been abused or abandoned. And pretty much any rescue would tell you this.

WychWillow

Jenny Thalia wrote: »

Four solicitors telling you that what he's doing is extortion? I find that very difficult to believe. If that's the case - press charges.

Or - go to the prtb and lodge a dispute.

As an aside - taking in rescue dogs, making them indoor dogs, then making them outside dogs is a rotten, downright cruel thing to do to dogs who have already been abused or abandoned. And pretty much any rescue would tell you this.

I have enough fighting on my hands with my landlord, I don't need to fight with keyboard warriors and forum trolls as well.

Why do you find it difficult to believe that it is being called extortion and blackmail that my landlord is saying to me if you pay me 4,300 I will renew your lease for another year, if you don't pay me this amount I will not renew it, however you look at it this is blackmail. This is the advice I have been given by 4, yes 4 solicitors, also by FLAC and by Threshold, I called so many because I wanted to make sure that the advice I was given was sound.

My dogs are outside in an environment that they enjoy, they are not abused or treated in a cruel way, it is summer, both myself and my partner are at home all day, as are my two teenage children and we are outside with them for a good majority of the day, as I have previously stated there is around an acre of land for them to explore, run around and play on, so I'm not sure how you are seeing this as cruel in any way, but thank you for your concern for my dogs welfare, albeit un needed.

Stheno

Why would you want to stay where you are? You posted you've had no hot water for a year? With two children in the house?