Naive Renters

orontias

Hi all. I'd love to get some advice on my current situation, but would also like to point out that myself and my partner were completely naive and yes foolish with things on our end.

We viewed a property for rent, which while a little bit run down, mostly just appears to need a good cleaning, but for the price seemed like a good spot. A couple hours after the viewing we emailed the landlord to thank them for their time and express interest. Within an hour we were offered the property, and responded saying we'd take it. We were informed that the place would receive "a good cleaning" before we moved in.

We got the usual, please make a payment deposit to confirm interest as there's loads of other people looking calling and emailing wanting it but they wanted to rent to us. So we made a half months deposit straight away (mistake number 1 probably). We were then pushed to move in within 3 days after the previous tenants moved out, and to have the full deposit and rent paid by then end of the 3rd day, which we did (another mistake). Signed the lease on the first day of rental, (I presigned, mistake number 3, as I couldn't get out of work but my partner went up, signed, and we got the keys. Unfortunately we did not do a full and proper inspection of the property until that night when I got off work.

That night, we realised the place was not cleaning as promised and was in fact worse, and a disgrace. Furniture in the living room was not removed as requested and promised, the walls were covered in stains (some appearing to be from dampness), the window sills were suffering from severe damp, light fixtures wern't working in the bathroom, the heater/radiator in a bedroom was broken, the oven was sadly just fit for the bin, and yes, there was a hidden dead pigeon placed within a computer desk on the balcony.

I met the landlord tonight, expressed my concerns in writing, and got an admission that the property was not inspected when the previous tenants had left. After doing some extensive research, from what I could tell the place was the definition of not habitable as per Residential Tenancies Act 2004 and the actually lease we were given. Here's where it gets interesting.

I stated either we will receive the months rent back, the place would be made habitable and then we would move in, wasn't acceptable. I then said the second option is the deposit and rent back, tear up the lease, and it wouldn't go any further, we'd shake hands and part ways amicable, unacceptable too. I managed to foolishly get it to the agreement of the deposit back, 2 weeks rent back and termination of the lease, which I got in writing and had the funds immediately transferred to my account. Honestly I just wanted the situation resolved there and then instead of dragging it out further.

Now I realise myself and my partner were so foolish and naive with how we went about things, rule 1 is do a proper inspection and we didn't, we were honestly stupid, and 100% accepting of that, major amount if not all of the blame lands on us.

My question is, should we have pushed it further, gone through the RTBD or even legal avenues? Does the landlord not have some level of responsibility of the upkeep of their property and should we still lodge a complaint with the RTBD now or does that fact that we made an agreement written agreement mean that's it, end of story? Or would there even be any point in lodging a complaint?

Any advice, bar the we were stupid because I know we were, would be greatly appreciated.

endacl

Are you looking to get the other two weeks rent back?

orontias

Well I'm unsure that'd even be possible as we had a written agreement. Say I was, would it be? (though I'm not just fishing for money honestly)

I think it's more to lodge a complaint that we were rented a property that under the landlords own lease agreement, and from the research I had done, was completely not fit for rent. They have several properties, so if that one was in such a state, it could be more than possible others are just as bad.

endacl

PRTB won't do anything as you're no longer a tenant. Even if it were within their remit, they're overstretched as it is.

orontias

Looking at the FAQs of their site at the minute, and they do say for a situation where "you believe that the dwelling is sub standard, you can contact your Local Authority and request that they carry out an inspection.", but again might be moot point all things considering.

foggy_lad

orontias wrote: »

Looking at the FAQs of their site at the minute, and they do say for a situation where "you believe that the dwelling is sub standard, you can contact your Local Authority and request that they carry out an inspection.", but again might be moot point all things considering.

You could go through the RTB but as it takes several months to get anything progressed with them it would be better for yourselves to just move on and forget about this nasty place, by all means get the council inspectors involved to make sure the place is up to standard!

the_syco

orontias wrote: »

I managed to foolishly get it to the agreement of the deposit back, 2 weeks rent back and termination of the lease, which I got in writing and had the funds immediately transferred to my account. Honestly I just wanted the situation resolved there and then instead of dragging it out further.

Count your lucky stars. Had you asked for the full amount, you could be still living there and lodging a case with the PTRB. Sometimes if you give a little, you get what you want, which seemed to have happened here.

Brego888

Chalk it down to a lesson learned and move on.

SB_Part2

Why isn't the house habitable?

spaceHopper

They take phone call why not call them and explain the situation and see what they say. Even if it's suck it up and move on. At least you will have the answer.

pilly

I would chalk it up to a bad experience. You've signed an agreement now and probably got out of an unacceptable situation so at least you've done that.

orontias

It was an apartment we were going to rent. Only one out of the 4 radiator/heaters actually worked in the place, and there was severe damp. The window sills were actually buckling and flaking. Not to mention the amount of insects around the dead pigeon tactfully placed on the balcony/hidden by the previous tenants. From the research I did myself, surely that would fall under the legal minimum stands for renting no?

Have the morning off work tomorrow so think I'll give them a call just to see. And if it is a case of just suck it up and move on then fair enough, can't complain really.

Cheers for the replies everyone, really appreciate it.

orontias

Although I've just seen the apartment re-advertised on a renting site, and the photos are before the previous tenants moved out (so 3 years ago, or 2 depending on several conversations that were had) and there's several clear lies such as a house alarm, intercom and other "mod cons" that are included. Definitely going to have a call tomorrow now.