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disputing part of your lease?

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  • 24-01-2017 1:03pm
    #1
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭


    Just wondering - if I dispute part of my lease - in this case the monthly payment of water in a fixed amount - (LL won't provide me with the invoices despite numerous requests - will the RTB declare the whole lease invalid or only that part?


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    #2
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    Water charges are suspended?


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    #3
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    I am well aware. This is non domestic water charges.LL has registered the property as a working farm, even though it is not - i have a residential tenancy agreement.So, any idea?


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    #4
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    There can legal issues whether one term falls or the whole thing you'd be better off getting proper legal advice. That said the RTB try and resolve things informally so you may find it never 'goes legal' as it were.


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    #5
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Ms Doubtfire1 wrote: »
    LL has registered the property as a working farm, even though it is not - i have a residential tenancy agreement.So, any idea?
    Check with a solicitor to see if having the place registered as a working farm benefits you, and if not, how does it benefit the LL. I'm thinking it only benefits the LL, and thus they should cover the water charges themselves?

    But as I said, check with a solicitor before you say anything to the LL.


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    #6
    Mrs OBumble
    Registered Users Posts: 25,960 ✭✭✭✭Mrs OBumble


    Solicitors fees are likely to rapidly outstrip the water charges ...


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    #7
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    I have no issues with the charges itself.I have an issue with the fact that i'm paying a fixed fee each month and LL won't send me the invoices to verify I'm not over/under paying. That makes me question what else he's not telling me.He's located in the UK - is he paying his taxes? he also has a residence in Ireland and my payment goes to his irish bank account, but my lease is with his UK adress.Afaik that means I should withhold taxes?


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    #8
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    To be blunt, if you've been carrying on like this for some time, and the amount of money isn't huge, why create a load of bad will?

    You're now looking to start questioning his tax payments? If you're worried I'd suggest moving out and forwarding his details to the revenue from a safe distance.


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    #9
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    This is only going on for a year. Water gets billed every quarter.I have always stated before we built this in that I wanted to see the invoices for back up. Why would I leave a house and put the pressure of having to move on myself because my LL doesn't follow the law?Why would I roll over and take it if he's in the wrong??


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    #10
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Ms Doubtfire1 wrote: »
    This is only going on for a year. Water gets billed every quarter.I have always stated before we built this in that I wanted to see the invoices for back up. Why would I leave a house and put the pressure of having to move on myself because my LL doesn't follow the law?Why would I roll over and take it if he's in the wrong??

    Because looking to see the bills is reasonable, perhaps even opening a RTB case and going to mediation to see the bills is reasonable. Starting to look at all the different ways you may be able to cause issues such as tax etc. starts to look like a vendetta.

    If you start being unreasonable with your LL he's going to start being unreasonable back. If it;s that big a deal move, you'll have a lot less stress than sitting there with war going on between you and a rural landlord who seems to have control over the utility services to the property.

    I'll leave you and the thread too it. (As promised ;) )


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    #11
    spaceHopper
    Registered Users Posts: 3,992 ✭✭✭spaceHopper


    All he will do is put up the rent by the same amount or more. Is the farm using water too, you may be paying a portion of the bill, if it's under 100 a year I'd let it go. Kicking up a fuss will do you no good.


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    #12
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Depends really on the amount of money involved?


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    #13
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    spaceHopper wrote: »
    All he will do is put up the rent by the same amount or more. Is the farm using water too, you may  be paying a portion of the bill, if it's under 100 a year I'd let it go. Kicking up a fuss will do you no good.
    Given the fact that raising a rent is tied to specific laws he can't. And it's more than double that 100 a year. I'm being charged 30 a month and I KNOW from my neighbors who really have a working farm that their annual amount never is over 120. I'm currently being charged 360. Why would I let him get away with that? Not kicking up a fuzz seems to be the general approach in ireland. keep your mouth shut and pay what you're ask or loose the house? Really?? And you wonder why LL's are being looked at as greedy and unlawful? >rant over< sorry.


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    #14
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Ms Doubtfire1 wrote: »
    Given the fact that raising a rent is tied to specific laws he can't. And it's more than double that 100 a year. I'm being charged 30 a month and I KNOW from my neighbors who really have a working farm that their annual amount never is over 120. I'm currently being charged 360. Why would I let him get away with that? Not kicking up a fuzz seems to be the general approach in ireland. keep your mouth shut and pay what you're ask or loose the house? Really?? And you wonder why LL's are being looked at as greedy and unlawful? >rant over< sorry.

    I would imagine your place is not in one of the pressure zones though MsDoubtfire?

    I don't disagree with your points, other posters are just trying to get you to think about the consequences of kicking off over this.

    How does your rent compare to others in the same area?


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    #15
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    pilly wrote: »
    Ms Doubtfire1 wrote: »
    Given the fact that raising a rent is tied to specific laws he can't. And it's more than double that 100 a year. I'm being charged 30 a month and I KNOW from my neighbors who really have a working farm that their annual amount never is over 120. I'm currently being charged 360. Why would I let him get away with that? Not kicking up a fuzz seems to be the general approach in ireland. keep your mouth shut and pay what you're ask or loose the house? Really?? And you wonder why LL's are being looked at as greedy and unlawful? >rant over< sorry.

    I would imagine your place is not in one of the pressure zones though MsDoubtfire?

    I don't disagree with your points, other posters are just trying to get you to think about the consequences of kicking off over this.

    How does your rent compare to others in the same area?
    No, i'm not in the pressure zone at all. My rent is about 35% over comparable properties as I have a dog and horses. There is a separate lease for the land.


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    #16
    pilly
    Banned (with Prison Access) Posts: 9,005 ✭✭✭pilly


    Ms Doubtfire1 wrote: »
    No, i'm not in the pressure zone at all. My rent is about 35% over comparable properties as I have a dog and horses. There is a separate lease for the land.

    So all I'm saying is have a think about the hassle of moving before going down the route of reporting LL to revenue etc. You can certainly argue about the water charges but once you go down the road of seeming to be on a vendetta then there's no coming back.


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    #17
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Does your lease specify the fixed amount to be paid? Or what exactly does it say?

    And yes, if he's living abroad then you should be withholding on his behalf


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    #18
    Ms Doubtfire1
    Registered Users Posts: 1,422 ✭✭✭Ms Doubtfire1


    pilly wrote: »
    Ms Doubtfire1 wrote: »
    No, i'm not in the pressure zone at all. My rent is about 35% over comparable properties as I have a dog and horses. There is a separate lease for the land.

    So all I'm saying is have a think about the hassle of moving before going down the route of reporting LL to revenue etc. You can certainly argue about the water charges but once you go down the road of seeming to be on a vendetta then there's no coming back.
    I have no intention of reporting him to the revenue at this point in time. But since he is not willing to show the water-bills, of course I think what else is he hiding? All i want is to see the invoices and make sure all is in line and he is putting a huge effort into not wanting to show them - doesn't have them, can't scan them, i should trust him etc..sorry but that sends my alarmbells ringing.


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