Rented house enquiry after housing inspection

mallynthemiddle

I am living in a rented house with my 2 sons ages 2 & 14 since September 15", after a 19 year relationship breakdown. Im only on council list since August 2015 and understand theres others before. There medical conditions attached with my youngest and i also am on disability for about 12 years due to mental health issues depression etc &n also have had 2 MRI scans on back, stating i have slipped disks and nerve, wear and tear issues.
I am currently on the council list, i was complaining about the safety issues in the house so eventually i had a inspector sent to me last week. Today in the post i recieved the report from council.
It states my landlord has been notified of what has to be rectified in the house & has 28 days to do so.
When moving in here with no choice may i add as there was nothing available & i was homeless for several weeks the landlord would not even paint any rooms in the house kitchen sitting room etc and they were in bad condition, i done this myself with the help of others. My point been there is no way in the world he is going to comply with this letter the council sent. The landlord already tryed to evict me saying he was selling up but he couldnt as there was no claus in the contract, he now said he will sell up at the end of my 12 months and i have to leave then Sept 16"
Any advice what to do ?

The grate and fire back in very poor condition
No clothes dryer or clothes line
No form of central heating in kitchen
Space of bottom railing in kitchen patio to be closed in
No mechanical extractor in bathroom
No working smoke alarm on 3rd floor. I" im on 2nd floor and 3rd, 3 bedroom"
No fire blanket
All windows with glazing that is less than 800mm in height above floor level shopuld have some form of garding unless is safety glass and stamped appropriately
Landlord to provide details of registration with PRTB

Mrs OBumble

mallynthemiddle wrote: »

Any advice what to do ?

Keep looking for somewhere better, and when you do find a place, negotiate with the LL to be allowed to leave without seeing out the 12 months.

Also, make sure the council know that you will accept voluntary housing. (That's social housing thru an association, instead of managed directly by the council.)

the_syco

mallynthemiddle wrote: »

It states my landlord has been notified of what has to be rectified in the house & has 28 days to do so.

What happens when the landlord ignores the request to fix the place, and does nothing?

The_Conductor

the_syco wrote: »

What happens when the landlord ignores the request to fix the place, and does nothing?

The property has an order issued against it- tenants are forced to vacate the property- and it may not be relet until such time as the terms in the order are complied with- and an inspection confirms this. There may also be a class A fine issued to the landlord- in addition to additional terms and conditions that may not have been present on the original instruction when the property failed the inspection.

Not good for anyone really- least of all the tenant- who is damned no matter what happens........

haveringchick

If you have to vacate the property because he doesn't meet the council demands then you will be placed in emergency accommodation ie a hotel or B&B until you find somewhere else to live

Greenmachine

Sounds like it is time to find somewhere better. Sorry to hear about the end of your relationship, and your health difficulties. It sounds like the landlord is doing as little as he can get away with.

handlemaster

One thing for sure is getting the council to send him a demand list of things to do is not going to do you any favours. Rightly or wrongly you would annoy anybody doing that. Best to keep looking for another place and be happy with what you take as it will unlikely change after.

Graces7

Greenmachine wrote: »

Sounds like it is time to find somewhere better. Sorry to hear about the end of your relationship, and your health difficulties. It sounds like the landlord is doing as little as he can get away with.

Sadly this is easier said than done. Many of us keep quiet re problems for this reason. I certainly do here.

makeandcreate

mallynthemiddle wrote: »

I am living in a rented house with my 2 sons ages 2 & 14 since September 15", after a 19 year relationship breakdown. Im only on council list since August 2015 and understand theres others before. There medical conditions attached with my youngest and i also am on disability for about 12 years due to mental health issues depression etc &n also have had 2 MRI scans on back, stating i have slipped disks and nerve, wear and tear issues.
I am currently on the council list, i was complaining about the safety issues in the house so eventually i had a inspector sent to me last week. Today in the post i recieved the report from council.
It states my landlord has been notified of what has to be rectified in the house & has 28 days to do so.
When moving in here with no choice may i add as there was nothing available & i was homeless for several weeks the landlord would not even paint any rooms in the house kitchen sitting room etc and they were in bad condition, i done this myself with the help of others. My point been there is no way in the world he is going to comply with this letter the council sent. The landlord already tryed to evict me saying he was selling up but he couldnt as there was no claus in the contract, he now said he will sell up at the end of my 12 months and i have to leave then Sept 16"
Any advice what to do ?

The grate and fire back in very poor condition
No clothes dryer or clothes line
No form of central heating in kitchen
Space of bottom railing in kitchen patio to be closed in
No mechanical extractor in bathroom
No working smoke alarm on 3rd floor. I" im on 2nd floor and 3rd, 3 bedroom"
No fire blanket
All windows with glazing that is less than 800mm in height above floor level shopuld have some form of garding unless is safety glass and stamped appropriately
Landlord to provide details of registration with PRTB

I understand your frustration and the situation you are in, the property you describe sounds very like the last one I rented when I moved to Laois.
The landlady told me she was doing NOTHING as her last two lots of tenants had basically wrecked the place, so it was tough luck, like it or lump it.
In fairness the last tenant had taken the electric shower, broke the cooker, there were no curtains or poles upstairs, and left the bed in bits in the sitting room. Plus instead of a grate there was a burned wall and soot and debris filled hole. But it was better than nothing, which was the alternative.
Did you think complaining to the council would motivate (perhaps the wrong word) them to find you somewhere? Cos unfortunately it could end up with you being made to vacate even if the council cannot rehome you.
Just keep looking for somewhere else, if you push the council to make the landlord to comply with the order, it could be worse for you - if you don't go back to them it might get overlooked while you find something else.

makeandcreate

Also, re the grate - best thing ever for me was cleaning the chimney and bought a small 2nd hand wood burner - sat it on the hearth with the pipe going up into chimney and a carbon monoxide alarm on the mantle (Xmas presents for 2014) The heat was 100 times more than the fire and much cheaper.
Sold it for what I paid when I left. Best buy ever.

mallynthemiddle

Thanks all so much for the replys they were very helpful.
So what im picking up from here & others the situation is as follows ... If the landlord doesn't start the work within the time period then the council can instruct someone to do it and they pay and then send the bill to the landlord, some councils can't afford to do that so instead they take the landlord to court to get a court order and if the landlord then beaches the order he is in trouble with the court as well...So if i Keep the council informed of what he is saying and that i have to be out Sept 16... they may tell me not to leave and wait until he evicts you as it is only then they are responsible to rehouse you.. and that might well be in B&B/hostel... As im sure all are aware of there is no houses available under 140 euros a week on any site or paper, theres about 8 over 140 none that can be rented whilst recieving rent allowance, so they cant put me out on the street as i will have no option but to go down and stay in the council offices from morning to close to be a burden and sleep outside at night. This would be a big issue in the town of Mayo for this to happen somebody sleeping rough. Regarding paying for b&B or hotel surely theres only a certain period of time they will pay for this? So which route do i take? all advice again appreciated.

Graces7

mallynthemiddle wrote: »

Thanks all so much for the replys they were very helpful.
So what im picking up from here & others the situation is as follows ... If the landlord doesn't start the work within the time period then the council can instruct someone to do it and they pay and then send the bill to the landlord, some councils can't afford to do that so instead they take the landlord to court to get a court order and if the landlord then beaches the order he is in trouble with the court as well...So if i Keep the council informed of what he is saying and that i have to be out Sept 16... they may tell me not to leave and wait until he evicts you as it is only then they are responsible to rehouse you.. and that might well be in B&B/hostel... As im sure all are aware of there is no houses available under 140 euros a week on any site or paper, theres about 8 over 140 none that can be rented whilst recieving rent allowance, so they cant put me out on the street as i will have no option but to go down and stay in the council offices from morning to close to be a burden and sleep outside at night. This would be a big issue in the town of Mayo for this to happen somebody sleeping rough. Regarding paying for b&B or hotel surely theres only a certain period of time they will pay for this? So which route do i take? all advice again appreciated.

One thing I learned from Threshold and please call them? http://www.threshold.ie/advice/They are very supportive indeed. CWOs have powers to give an increased rent allowance in certain circumstances. They do not of course advertise this. I am in a situation here whereby my dear landlord keeps saying he will sell the house, or move into the house.. just talk but I am well prepared now. There is no way I would allow any inspection here either as things need doing but like you there is nothing else available anywhere near within RA limits. Please, call Threshold? No need for dramatic measures and neither you nor I are able for these...

newacc2015

mallynthemiddle wrote: »

The grate and fire back in very poor condition
No clothes dryer or clothes line
No form of central heating in kitchen
Space of bottom railing in kitchen patio to be closed in
No mechanical extractor in bathroom
No working smoke alarm on 3rd floor. I" im on 2nd floor and 3rd, 3 bedroom"
No fire blanket
All windows with glazing that is less than 800mm in height above floor level shopuld have some form of garding unless is safety glass and stamped appropriately
Landlord to provide details of registration with PRTB

I seriously doubt the Landlords insurance company allows a naked flame including candles in the house. The landlord doesnt need to provide a clothes line. Just an area to dry clothes.

There should be a heater in the kitchen. It doesnt have to be a proper radiator. I have never heard of a mechanical extractor as a requirement in a rented property. I know a majority of tenants turn it off anyway.

Honestly you should by your own fire blanket. I know the landlord should provide with a fire blanket. But is not worth risking a fire for a sake of €10. If he has 2 smoke alarms, that is all the law requires. You will have to buy the extra one.

I have never heard of the safety glass stamping rule.

http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,33422,en.pdf

The standards are very basic in Ireland. Most of your list arent covered by them. Expecting the landlord to change the windows or change the glass is a bit unreasonable IMO. If the house isnt to your standard. You probably should move out. But I imagine you will find it extremely difficult to find a landlord to take a RA allowance tenant.

Michael D Not Higgins

newacc2015 wrote: »

I seriously doubt the Landlords insurance company allows a naked flame including candles in the house. The landlord doesnt need to provide a clothes line. Just an area to dry clothes.

There should be a heater in the kitchen. It doesnt have to be a proper radiator. I have never heard of a mechanical extractor as a requirement in a rented property. I know a majority of tenants turn it off anyway.

Honestly you should by your own fire blanket. I know the landlord should provide with a fire blanket. But is not worth risking a fire for a sake of €10. If he has 2 smoke alarms, that is all the law requires. You will have to buy the extra one.

I have never heard of the safety glass stamping rule.

http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,33422,en.pdf

The standards are very basic in Ireland. Most of your list arent covered by them. Expecting the landlord to change the windows or change the glass is a bit unreasonable IMO. If the house isnt to your standard. You probably should move out. But I imagine you will find it extremely difficult to find a landlord to take a RA allowance tenant.

The problem with guides like that is that they don't fully represent the legislation.

http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,19142,en.pdf

Here the legislation actually says you need a cooker hood or extractor fan and adequate ventilation for bathrooms. A fixed heater is required for all rooms. It also legally requires a fire blanket, as the leaflet you linked also attests.

CaoimheSquee

Ah awful situation OP.
You would be better calling Threshold than looking here for advice though!
I wish you the very best of luck in finding the best you can for you and your kids. Your landlord's stance is an awful pity,

Graces7

The problem is that by invoking council authorities you have opened a can of worms you cannot control and thinking of high drama eg camping out in the council offices will get you nowhere except exhausted. Needs calm and a clear head. Wait, and please call Threshold

haveringchick

mallynthemiddle wrote: »

Thanks all so much for the replys they were very helpful.
So what im picking up from here & others the situation is as follows ... If the landlord doesn't start the work within the time period then the council can instruct someone to do it and they pay and then send the bill to the landlord, some councils can't afford to do that so instead they take the landlord to court to get a court order and if the landlord then beaches the order he is in trouble with the court as well...So if i Keep the council informed of what he is saying and that i have to be out Sept 16... they may tell me not to leave and wait until he evicts you as it is only then they are responsible to rehouse you.. and that might well be in B&B/hostel... As im sure all are aware of there is no houses available under 140 euros a week on any site or paper, theres about 8 over 140 none that can be rented whilst recieving rent allowance, so they cant put me out on the street as i will have no option but to go down and stay in the council offices from morning to close to be a burden and sleep outside at night. This would be a big issue in the town of Mayo for this to happen somebody sleeping rough. Regarding paying for b&B or hotel surely theres only a certain period of time they will pay for this? So which route do i take? all advice again appreciated.

Plenty of families have been living in hotels and guesthouses for approaching 2 years now
Mayo Council do not have a house to give you and in my lengthy experience if your landlord doesn't want to do the repairs he won't and he will evict you legally because you've caused him a lot of aggro
If then you still can't find a place you will have to either rely on family or friends or accept the emergency accommodation offered by the Council (Hotel etc)
If you try to sleep rough with your kids in order to make a point or force your will on authorities then social services will be called to investigate the wellbeing of your kids
And you don't want that because they WILL NOT let your kids sleep rough

MouseTail

mallynthemiddle wrote: »

Thanks all so much for the replys they were very helpful.
So what im picking up from here & others the situation is as follows ... If the landlord doesn't start the work within the time period then the council can instruct someone to do it and they pay and then send the bill to the landlord, some councils can't afford to do that so instead they take the landlord to court to get a court order and if the landlord then beaches the order he is in trouble with the court as well...

I'm not sure where you got that information, but it is wrong, the Council will not instruct or pay for the work.
Your Landlord has been given 28 days to do certain items to bring the house up to regulations. If he does not, he will be issued with an improvement notice, and if he still does not he will be issued with a prohibition notice whereby the house cannot be let to tenants until the work is done. You will have to wait to see if he complies, if he doesn't, you are going to have to find somewhere else to live. I am afraid Graces is right, you have opened a can of worms here. It is unfortunate, but there is no protection for tenants in this situation. The Council cannot force the Landlord to upgrade the property (he mightn't have sufficient funds), but they can stop him from renting it out if it doesn't meet regulations.

4ensic15

MouseTail wrote: »

I'm not sure where you got that information, but it is wrong, the Council will not instruct or pay for the work.
Your Landlord has been given 28 days to do certain items to bring the house up to regulations. If he does not, he will be issued with an improvement notice, and if he still does not he will be issued with a prohibition notice whereby the house cannot be let to tenants until the work is done. You will have to wait to see if he complies, if he doesn't, you are going to have to find somewhere else to live. I am afraid Graces is right, you have opened a can of worms here. It is unfortunate, but there is no protection for tenants in this situation. The Council cannot force the Landlord to upgrade the property (he mightn't have sufficient funds), but they can stop him from renting it out if it doesn't meet regulations.

That might not be the end of it. The council can't terminate the o/p's tenancy . A tenancy can only be terminated by the methods set out in the RTA.

the_syco

4ensic15 wrote: »

The council can't terminate the o/p's tenancy .

Will they till pay after his place is deemed below standards?

Graces7

the_syco wrote: »

Will they till pay after his place is deemed below standards?

Assuming the OP is on RA?

4ensic15

Graces7 wrote: »

Assuming the OP is on RA?

RA will have to be paid.