Issues with my landlord

_Kaiser_

And people think tenants have all the power/rights?? It's not much good having the law on your side if the verdict is unenforceable - and it shows how broken the entire sector/process is, regardless of which side of it you're on.

OP this sounds like an awful position to be in but the sad truth is that no matter what the PRTB/Threshold say, this guy seems determined to get you out one way or another (most likely so he can rent it at a higher rent to someone else) and he will continue to make your life miserable until he succeeds.

Wrong as it is, I think you're just going to have to find another place as quickly as you can I'm afraid.

wexfordtenant

Baby01032012 wrote: »

Withholding rent no matter what issues you have with the landlord is illegal no matter what threshold say. And is another reason to terminate.

If you're not satisfied with the landlord or the property I suggest you come to an agreement to move out asap.

If the property does not meet the minimum standards you will not be allowed to stay there while the issues are corrected and you will be homeless.

Thankfully it appears to be when that when the environmental health officer at the local county council comes out and assesses the property and gives the landlord a compliance order to complete the necessary works to bring the property up to the minimum standards we will have to move out of the property and the remaining time on our tenancy is frozen.

The landlord cannot let the property to anyone else and has to by law reinstate us as tenants in the property for the remaining time left on our tenancy.

If the landlord fails to follow the compliance order it results in a fine of around €4'000 and goes up by €300 or €400 per day.

And if the landlord moves another tenant in in our place he can legally be directed to re instate us as tenants but that will require us to take the case to the Circuit Court which i'm happy to do.

Now i can only hope that other tenants who are suffering the same issue learn to read up on their rights and obligations as tenants and also on the rights and obligations of landlords also.

Baby01032012

wexfordtenant wrote: »

Thankfully it appears to be when that when the environmental health officer at the local county council comes out and assesses the property and gives the landlord a compliance order to complete the necessary works to bring the property up to the minimum standards we will have to move out of the property and the remaining time on our tenancy is frozen.

The landlord cannot let the property to anyone else and has to by law reinstate us as tenants in the property for the remaining time left on our tenancy.

If the landlord fails to follow the compliance order it results in a fine of around €4'000 and goes up by €300 or €400 per day.

And if the landlord moves another tenant in in our place he can legally be directed to re instate us as tenants but that will require us to take the case to the Circuit Court which i'm happy to do.

Now i can only hope that other tenants who are suffering the same issue learn to read up on their rights and obligations as tenants and also on the rights and obligations of landlords also.

I've no doubt that what you say is correct. However I don't understand how still will help your situation. What will you do while the work is being carried out, where will you live. The landlord has no obligation to provide alternative housing during this time. So the lease will be frozen, so when you return you will have longer left in the property that you have so many problems with and a landlord you have so many problems with.
You need to focus on finding other accommodation instead of prolonging the negative situation that is consuming you.

Duck Soup

I'm going to take a guess here that while the majority of posters advising the OP and saying "why are you still there, putting up with all this crap - move out", the OP is thinking "I don't fancy my chances of being rented another house as an unemployed person. Even if I could, which is unlikely, it's liable to be a ferocious kip." Something else to be factored in I suppose.

April 73

Threshold shouldn't have advised you to withhold rent. That was poor advice.
That coupled with the build up of rubbish again hasn't helped your situation.

The LL of course should have fixed the heating in a timely manner - instead he used not fixing it to try to leverage you out of the house.

You're in a no-win situation here. Take the case back to the PRTB but your focus needs to be on finding somewhere else by Sept when your Part IV ends. You're putting a lot of energy into what will be a futile battle here.

ED E

With the environmental inspection you're now on a path to being rapidly homeless. If your children are of schoolgoing age you need to look for employment if you still can't find suitable accommodation on your current budget. Living in a hotel room with your kids is not a glamorous proposition.