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Unresponsive Landlord and rent increase

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  • 04-08-2015 3:35pm
    #1
    Paddez
    Registered Users Posts: 48 ✭


    Hi there,

    Needing a bit of advice on what to do when there are issues with your apartment, and the Landlord's office/Maintenance team have been wholly unresponsive.

    So basically, a couple of weeks ago (Two months at this stage), we had our bedroom window open (We're on the 5th floor)
    This was during one of our brief, pretty warmer days, so it was left open to let some air in.

    When we did come home, the window was hanging vicariously off it's hinges, and while it was pretty stuck in it's position, we were still fairly worried about it falling, so we called the emergency number and ended up getting it put back into it's frame by two guys that night.

    However, the window is now stuck closed, and it's getting fairly stuffy in the apartment where it's making sleeping rather uncomfortable.

    I now got a letter seeking a rent increase and a renewal on our 12 month fixed contract.

    I'm not really happy about this.
    So basically, I'm looking at not renewing the contract, but continuing on with Part 4 tenancy, until I'm in a position where I can look for somewhere new or, alternatively, I'm considering using our problems and the threat of not signing a new fixed-term contract as some sort of leverage with the landlord to prevent the rent increase being too substantial,


    Does anyone have experience with this?
    Has trying something like this every left you with a negative referral when you do eventually leave?


Comments

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    #2
    Arbiter of Good Taste
    Registered Users Posts: 2,200 ✭✭✭Arbiter of Good Taste


    What's your leverage?

    If you are in Dublin, the landlord could probably have new tenants in immediately who are willing to pay the increased rent (if not more).

    If you are down the country you might be in a better position.

    Have you actually asked the LL to come out and fix the window? Is he aware of the problem?


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    #3
    Mrs OBumble
    Registered Users Posts: 25,968 ✭✭✭✭Mrs OBumble


    How long have you been there for? If it's for longer than 6 months, then you can automatically take advantage of part IV, you are not required to sign another fixed-term lease.


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    #4
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    You say the landlord had been unresponsive but you haven't given any examples...

    You broke the window or you caused the window to break and they came out that night and fixed it.

    That's pretty responsive to me?

    Have you called them back and told them that the original fix left you unable to open the window?


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    #5
    duffman13
    Registered Users Posts: 8,952 ✭✭✭duffman13


    Leona Stocky Businessman wrote: »
    You say the landlord had been unresponsive but you haven't given any examples...

    You broke the window or you caused the window to break and they came out that night and fixed it.

    That's pretty responsive to me?

    Didn't really fix it permanently if it's stuck closed. The landlord has been unresponsive in completing a permanent repair


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    #6
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    My point is they were responsive as they came the same day to repair the window.

    Perhaps the repair team didn't pass on that it wasn't fixed permanently?
    The landlord may just need a gentle reminder to have it repaired permanently.

    OP hasn't mentioned if they have contacted the landlord sInce initial fix. That's why I am asking.


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    #7
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Leona Stocky Businessman wrote: »
    You say the landlord had been unresponsive but you haven't given any examples...

    You broke the window or you caused the window to break and they came out that night and fixed it.

    That's pretty responsive to me?

    Have you called them back and told them that the original fix left you unable to open the window?

    How exactly did the tenant break the window by leaving it opened?

    Are windows in apartments not meant to be opened and left open to allow for ventilation?

    Most modern leases will have clauses about opening windows and leaving them opened to allow for airing out of the premises usually they mention a frequency of every few days as a minimum.

    Most windows that break like this are due to substandard fitting or workmanship or frames and materials that are not fit for purpose. Most modern apartments built during the boom will have stuff like this wrong with them.


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    #8
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Paddez wrote: »
    I'm not really happy about this.
    So basically, I'm looking at not renewing the contract, but continuing on with Part 4 tenancy, until I'm in a position where I can look for somewhere new or, alternatively, I'm considering using our problems and the threat of not signing a new fixed-term contract as some sort of leverage with the landlord to prevent the rent increase being too substantial,

    Rent increases tend to be higher outside of fixed term leases. There have been several cases on boards of people coming here saying they refused to sign a new lease instead preferring to continue on a Part 4 and the landlord countered with a rent increase.

    I'm also unsure what the connection between the first part of your story (the window) and the second (rent increase) is. Is it that they have refused to fix it correctly? Can you try to get them to fix it in return for the rent increase?


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    #9
    Flatzie_poo
    Registered Users Posts: 562 ✭✭✭Flatzie_poo


    Leona Stocky Businessman wrote: »
    You say the landlord had been unresponsive but you haven't given any examples...

    You broke the window or you caused the window to break and they came out that night and fixed it.

    There's a difference between breaking something through negligence, and breaking through use.

    OP has used his window in this case.


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    #10
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    Ok. I'll rephrase. The window broke on its on*.
    My question is still valid. Has the OP been in contact with the landlord since the initial fix.

    It really doesn't matter how the window broke.
    foggy_lad wrote: »
    How exactly did the tenant break the window by leaving it opened?

    Are windows in apartments not meant to be opened and left open to allow for ventilation?

    Most modern leases will have clauses about opening windows and leaving them opened to allow for airing out of the premises usually they mention a frequency of every few days as a minimum.

    Most windows that break like this are due to substandard fitting or workmanship or frames and materials that are not fit for purpose. Most modern apartments built during the boom will have stuff like this wrong with them.


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    #11
    Cuddlesworth
    Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    Leona Stocky Businessman wrote: »
    It really doesn't matter how the window broke.

    It does, since its the only example the OP gave. Any window can be broken in high gusty winds. If the window was supplied with either the ability to lock it open a half inch, or with a normal window fastener and it was not used, then the OP is to blame for breaking it. In which case, he is complaining about a poor repair on something he should be paying for.


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