renting issues possible eviction

Guest0809

Hi all, I use this Guestname so I can not be identified as I am a regular here but I really need some advice.
I try to cut the long story as short as possible.
I am renting for nearly two years and the LL never fixed anything. Nothing to be honest.
There is a long list of issues some small, some big, and I always told LL, always got the response will be done and never heard anything again.
At the beginning of the tenancy, I learned quickly that if I bother LL too much, LL will totally fly over the handle and blame everything on me and nothing will be done anyway.
So we carried on with the issues and the "telling LL and nothing happens" for quite a while just to life in peace as I knew it would end up in a massive fight and properly eviction.
Now a few weeks back, on top of all the issues, the boiler started leaking water. Told LL, Plumber came in, the 5th I guess in the time and never anything was heard again. Ask LL told me would be back to me asap but nothing for three weeks.
Ok well now I am planning to move anyway in some time so after the last big row I really wasn't in the mood for a new row and as the plumber told me the Boiler needed replacement but I can use the heating.
This morning the heating went on and the RCD switch tripped. I have a little child and he is playing in the garden so I said no, something really needs to be done now. I am worried that he would get an electric shock with all the water coming out of the and now electricity. Contacted the PTRB and they advised to send a letter which I did ( via Whatsapp as I have no address only phone number)
LL got the letter and told me that it was impossible to get a plumber and all the ones who were here never came back to LL and would not answer calls. ( I don't believe this as how would they make business) Well, LL send in a Handyman who said that this boiler is a health and safety hazard, leaking everywhere and cables in the water. Looked at all the other issues and wondered how we could stay that long.
Next, a plumber came in who looked at it said it needs to be completely replaced and looked at the other plumbing issues.
One of the showers never worked and we were told we should not complain as there are other showers in the house. So we never used this one except for every couple of month if a plumber came in or it needed to be cleaned. Sometimes water came out, mostly not, just nothing. Now showed the plumber the shower, shower didn't work and I stayed in the bedroom, the ensuite is small and I have seen enough of that shower. So I don't know what he did there. He said the shower needs replacing as well and not to switch on the boiler and left.
LL called me then, giving out about all the cost and poor LL is the victim and I kind of lost it. Nothing bad, no name calling or something like this just straight that we pay our rent and that we have rights as well and that this going on is not acceptable anymore and that I fear about the safety of my child. I was straight and pissed off, LL claimed then I would abuse her. By the way ,we were always and still are paying our rent on time the full amount.
Now I really needed to go outside for a smoke and Hubby put child to bed, came out, we had a chat maybe stayed outside for 45 min( with baby phone, of cause) went in and we could hear water running, went after the noise and somehow the water in the shower went on, guess plumber did close it, as no water, and the ceiling in one of the sitting rooms came down. Water everywhere, our stuff wet, important thing destroyed and things wet which can never be replaced.
Called LL and well everything our fault. WE broke the house and are abusing her and all sorts of stuff. LL send then relations down and first thing was if we wanted to move out anyway and LL (who is working 3 hours drive away) is thinking to move back. So great, we are in the process of buying a house but I am not sure if we can make it in the 6 weeks. We have pets and now I am very worried about what we can do if the sale doesn't go as planned. I kind of kick myself that I said something about the heating this morning but it's getting cold and we need a heating, btw won't be fixed anyway.
After everything is cleaned up its not a massive damage anyway. One and a half boards came down which can be fixed in no time, they told us it will go into thousands. I am sure they will try to evict us stating LL is moving back ( told me months ago she cant as her job is in ........ and there is nowhere else this kind of business) What can we do now?
I will contact the PRTB in the morning and I guess our solicitor as well, just in case. If anybody has any other ideas that would be great.
Sorry for this long story

The_Conductor

Its the Residential Tenancies Board all the way on this.
Given your experience- to be brutally honest- I don't see how or why you'd not be entitled to significant compensation after all you've gone through.
The place is a safety hazard first and foremost- however, that aside- just to bring it to compliance with the Act- at this stage- requires the new boiler, major internal works and from the sounds of it- complete replumbing and rewiring etc etc.

You're damn lucky you're in a position to move out imminently- however, I'd almost suggest moving into a hotel, and putting any possessions that haven't been destroyed, into storage, at this stage.

The landlord has completely and utterly neglected their obligations- and frankly- needs more than an angry letter hurdled at them- you are entitled to compensation for all you've gone through- including the replacement cost of any personal belongings or possessions that have been destroyed.

For the sake of your own safety and that of your family- get out of there.

Guest0809

Thank you very much, Conductor that gives a bit of peace.
Problem with the move is that we have animals and while I would know where to give the dogs to, I have no clue about the chickens and the Guinnea Pigs. Maybe the people we buy from might be fine if at least the chickens move already.
I will put up a big fight, lost a lot of 100 years old family pictures and my Laptop.
The other side is, the family is living down the road and they already told us that they have to evict us , for two ceiling boards come on.
Thank god Hubby stayed at home as I have to admit that I am scared of them.
Will call PRTB the moment they are open

Fol20

Why would they be entitled to compensation for their own damaged items? Are they not meant to have their own home insurance to cover stuff like that. For everything else it sounds like you might have a case.

4ensic15

Fol20 wrote: »

Why would they be entitled to compensation for their own damaged items? Are they not meant to have their own home insurance to cover stuff like that. For everything else it sounds like you might have a case.

If items are damaged due to LLs negligence why shouldn't they be compensated?. Insurance or the possibility of it does provide a defence to negligence. If that was the case a motorist who injured someone could say "well you could have got insurance against injury , so i am not compensating you". Utter nonsense.

the groutch

Guest0809 wrote: »

LL send then relations down and first thing was if we wanted to move out anyway and LL (who is working 3 hours drive away) is thinking to move back.

After everything is cleaned up its not a massive damage anyway. One and a half boards came down which can be fixed in no time, they told us it will go into thousands. I am sure they will try to evict us stating LL is moving back ( told me months ago she cant as her job is in ........ and there is nowhere else this kind of business) What can we do now?

make sure to get any eviction notice in writing with reason for eviction.
because if the stated reason is for them to move back in, and then put it back on the market without giving you first refusal, you can take him to the cleaners in court, which is no less than the landlord deserves.

also wouldn't hurt to contact the Gardai about what sounds like threatening behaviour from the landlord's family.
a visit from a Garda would at least put the fear in them.

FishOnABike

I hope your new house and move go well.

The LL here seems to be totally negligent and trying to blame the problems due to their lack of maintenance of the property on you. It would seem they were well aware of issues with the boiler and plumbing and failed to remedy them.

It is not clear if your LL has issued proper (or any) notice of termination yet. Once you are renting more than six months you have the protection of part IV tenancy undr the residential tenancy act. The LL can only terminate your tenancy in specific circumstances permitted by the act and then the notice given must meet the requirements (including any statutory declarations if required) to be valid.

Have a look at http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html#la1b6d It isn't clear whether you have received a notice of termination from the LL yet.

While the condition of the house might mean that you want to move out immediately if this is not possible at least your notice period only begins once you have received a valid (and not back dated) notice of termination.

If all goes well with your new house move it may be you that is giving the LL your notice of termination. I would suspect either way that you may have trouble recovering your deposit and might have to refer it to the residential tenancies board.

Ms Doubtfire1

OP, in regards to your pets. PM me if you encounter issues I might be able to offer foster for a while-depending on what kind of pets.:D

Guest0809

Thank you all so much for your replys.
The ceiling is getting fixed now and the 8th plumber got a heart attack when he opened the boiler, he said its a miracle that it didn't blow up as the water was pouring out on the side. Didn't hear anything from LL but I lodge a despute with the PRTb. Thank God hubby could stay at home as i am not able to deal with it. Contacted our solicitor as well and she said that they just can't kick us out as the despute is lodged as well as she will put pressure on the other solicitor

Guest0809

The new boiler is there but not connected and the seiling is fixed but not the shower. No word from LL about plumber coming to connect the boiler,guess that wont happen. The old boiler is still in the garden incl.sharp aches not good with a 2 years old. Father of LL brought in the guys to fix it and inspected it, and I could him hear telling the working man that they want us out and that we are abusing LL and wrecking the place.
Its so not true, we fixed so much our selfs and payed for it, its just not fair.

The_Conductor

Document in as much detail as possible all the issues present in the property when you rented it- and any that occurred during your tenancy, your contact with the landlord and attempts to get the issues resolved, the ultimate extent of the damage (that the ceiling came down), and the myriad of other issues (its now September- autumn is upon is, and there is no heating- for starters, alongside leaving the old boiler in the garden where your two year old could hurt themselves badly.........

They want you out- that much is clear- however, a tenant does not have to put up with this crap- and nor should they.

The manner in which they are trying to insidiously get you out the door would be called constructive dismissal, were it an employment case.

I'll be the first person to point my finger and tell people to behave if I think they are misrepresenting a situation- however, what you've gone through is so far from the realms of acceptability- that its quite incredible.

Push the RTB case- with all the facts- these cowboys should not be allowed be landlords.

Siipina

Still no heating. Was told he would be here 8 am. Got a text at 9.30 he will be here maybe around lunchtime. I don't think he will ever come and I need to go do some shopping.

The_Conductor

Siipina wrote: »

Still no heating. Was told he would be here 8 am. Got a text at 9.30 he will be here maybe around lunchtime. I don't think he will ever come and I need to go do some shopping.

Add it to the complaint with the RTB..........

TheChizler

Tell him when you won't be there? You had made plans for the work to be started at 8 and didn't expect your whole day to be taken up.

Guest0809

TheChizler wrote: »

Tell him when you won't be there? You had made plans for the work to be started at 8 and didn't expect your whole day to be taken up.

Thats what I did, had an appointment this morning told LL I am not here until 2. Well guess what happened? at 8.30 am a van came, drove directly to the gate and was just on the way in ( gate is on the side of the house, so wanted to drive into the back yard) I went out and they were really surprised to see me. They went into the garage without asking, me out ah just needed some hot water. Looked like he took a nice look around.
Wondering what would have happened if I wasnt here? Do they have a key? Cause they are constantly going to the hot press. Try to keep an eye on them but its not easy with a toddler.
By now I am scared to leave the house.

foggy_lad

Is the boiler that is being fixed a gas boiler? if it is then the installation must be done by a registered gas installer who should carry identification, or the landlord and installer will be acting illegally.

http://www.rgii.ie/

Guest0809

Its a oil boiler. The guys had no company signs on them nor the van. Took pictures with the reg plate when they left. could have been anybody

Guest0809

Guest0809 wrote: »

The guys had no company signs on them nor the van. Took pictures with the reg plate when they left. could have been anybody

I wouldn't read too much into this, most plumbers would just be working for themselves and wouldn't have company signs on their van or clothes.

Guest0809

Emmie Tall Menu wrote: »

I wouldn't read too much into this, most plumbers would just be working for themselves and wouldn't have company signs on their van or clothes.

I know its just they were taking a good lock on everything like garage and all this so very uncomfortable with this

TheChizler

Is there any plumbing or stuff belonging to the landlord in the garage? Did you recognise this person or did you verify they knew your landlord?

Guest0809

TheChizler wrote: »

Is there any plumbing or stuff belonging to the landlord in the garage? Did you recognise this person or did you verify they knew your landlord?

No nothing, just our stuff.
No I have never seen them before and they just told me they are there for the boiler. They didnt talk to me at all, didnt even tell me when one of them left for fittings or when they were finished or even told me what they did there.
The electrician came at 8pm as well, well still no heating, the pump is gone as well. That would make it than 7 days without heating.

Siipina

Day 8 still no heating, will call the council later and ask an engineer to come out. Unreal

Siipina

We got our notice on Friday. LL is claiming to move back in, which is a lie and its not signed by a solicitor, so its not valid.

Now I dont really know what to do. We are moving out anyway but we still have no idea how long it will take with the House sale. My nerves are in bits, I dont sleep much anymore really.
I dont really want to let it go especially as we dont know if we can make it until the 04.11 to move into the new house. On the other hand, if I start now with the PRTB again there will be a war and I dont know if I can take anymore of it.

I am thinking to write LL that the notice of termination is invalid and she should just leave us here until everything is done and we can move out. If she is not ok with that I can still open a case with the PRTB. Any ideas?

Ms Doubtfire1

Siipina wrote: »

We got our notice on Friday. LL is claiming to move back in, which is a lie and its not signed by a solicitor, so its not valid.

Now I dont really know what to do. We are moving out anyway but we still have no idea how long it will take with the House sale. My nerves are in bits, I dont sleep much anymore really.
I dont really want to let it go especially as we dont know if we can make it until the 04.11 to move into the new house. On the other hand, if I start now with the PRTB again there will be a war and I dont know if I can take anymore of it.

I am thinking to write LL that the notice of termination is invalid and she should just leave us here until everything is done and we can move out. If she is not ok with that I can still open a case with the PRTB. Any ideas?

Firstly, if you think LL would be able to come to your door and bother you- she can't.Thats illegal and will get them quite a severe penalty. If they have not followed the procedure re termination, get on to the tenancy board asap. Further on, once it's in the tenancy boards hands, step back and relax.Let them deal with it. You have been paying your rent, no sherriff will come to the house and throw you out while a case is pending with the PRTB. I also think you need an approved eviction from court for that to happen.So basically, go to the board and step back from it. Look forward to your new home. Also, let them know you have no heating and LL is not moving on it.That could get them fined as well.RELAX!!

Siipina

Ms Doubtfire1 wrote: »

Firstly, if you think LL would be able to come to your door and bother you- she can't.Thats illegal and will get them quite a severe penalty. If they have not followed the procedure re termination, get on to the tenancy board asap. Further on, once it's in the tenancy boards hands, step back and relax.Let them deal with it. You have been paying your rent, no sherriff will come to the house and throw you out while a case is pending with the PRTB. I also think you need an approved eviction from court for that to happen.So basically, go to the board and step back from it. Look forward to your new home. Also, let them know you have no heating and LL is not moving on it.That could get them fined as well.RELAX!!

The heating is back, took more than a week but at least thats working, all the other issues are not fixed. I spoke with the PRTB, they told me LL could not terminate the rental but then,yes, if LL would have gone to the solicitor then it would be no problem.
Problem is her family is living beside us and down the road, they are passing by I dont know how many times and constantly checking out what we do.

PRTB advised me on the mediation, total crap. The moment they called her, we got the notice. She came to talk with us, brought her sister and really thinks she is such a great LL. She will just rent it out like this and then we open a case again and nothing is coming out of it.

edanto

I think you need some solid legal advice at this point. You could try a local solicitor, or call around a few to find one that you click with and that is familiar with tenancy law (I assume most local solicitors would be).

Maybe the charity FLAC give this advice, I don't know - http://www.flac.ie/help/

You should know your landlords address for your lease - maybe you don't have a lease? Do you know if the tenancy is registered with the PRTB?

This will give you basic information about your rights - http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html#l257dd

Try to get telephone mediation set up by the PRTB as soon as possible.
http://www.citizensinformation.ie/en/housing/renting_a_home/disputes_between_landlords_and_tenants.html

I think you need a solicitor. Because of the safety issues, you need more help than a forum can give.

EDIT: Glad the heating is back on. Maybe the urgency has passed if the house is warm and safe now; maybe PRTB mediation is the way to go. Give it another chance? You only need a bit more time in the house if your purchase goes through ok.

Ms Doubtfire1

Siipina wrote: »

The heating is back, took more than a week but at least thats working, all the other issues are not fixed. I spoke with the PRTB, they told me LL could not terminate the rental but then,yes, if LL would have gone to the solicitor then it would be no problem.
Problem is her family is living beside us and down the road, they are passing by I dont know how many times and constantly checking out what we do.

PRTB advised me on the mediation, total crap. The moment they called her, we got the notice. She came to talk with us, brought her sister and really thinks she is such a great LL. She will just rent it out like this and then we open a case again and nothing is coming out of it.

all you need is 6 weeks to get ready. It's not forever. if she drives by, close your curtains. How much notice did you get? how long are you living there?

Siipina

Ms Doubtfire1 wrote: »

all you need is 6 weeks to get ready. It's not forever. if she drives by, close your curtains. How much notice did you get? how long are you living there?

We are living here 2 years in December. We got the 42 days notice all is correct so far except that the solicitor didn't sign it.
I have two problems. I dont know if the house sale will go through in this time, we have animals so if there is any delay we have a problem.
The other one is my feeling for fairness. I know it sounds stupid but we are good tenants, not one-time rent late always 2 days earlier, we really looked after the house and then we put our foot down and war breaks out but still we have to pay our rent and can be happy if we get our deposit back, thats truly unreal.
If I open up a case again with PRTB, which the last time brought us just into a lot more trouble, then it will be even more trouble now and probably bring nothing, or I tell her the notice is not legal, either you leave us here until we move out or we go to PRTB, probably less stress but still LL wins.

darragh0000

"We got our notice on Friday. LL is claiming to move back in, which is a lie and its not signed by a solicitor, so its not valid."

"We got the 42 days notice all is correct so far except that the solicitor didn't sign it."


Siipina, why does it have to be signed by a solicitor?

Siipina

darragh0000 wrote: »

"We got our notice on Friday. LL is claiming to move back in, which is a lie and its not signed by a solicitor, so its not valid."

"We got the 42 days notice all is correct so far except that the solicitor didn't sign it."


Siipina, why does it have to be signed by a solicitor?

Thats what the PRTB told me, so they cant just make it up, there is even a part on the notice she gave us which wasnt signed and just left blank.

Ms Doubtfire1

ok-42 days-that brings you well up and beyond the 4th of november. Is the 42 days applicable? how long are you there?