Landlord Issues

Disgruntled Tenant

I'm at my wits' end, and need some solid advice before deciding what to do next.

I've been living in a privately rented house for the past 15 years. When I first moved into the house, the double garage was full of the landlord's junk, and wasn't included, but 6 months or so after moving in, I took on the garage for an extra €15 a month.

I moved into this particular house because it was surrounded by trees, with the closest neighbour around 100M away. The reason behind this being a deciding factor is because I suffer from depression and have a social anxiety disorder, which dictates that I need to live away from other people.

Fast-forward about 12 years, and the roof started leaking. I mentioned this to the landlord, who said he would get it fixed in February (3 years ago). Since then, I've had excuse after excuse as to why he couldn't fix it yet. His latest excuse is that he is getting a divorce, and won't spend any money on the house until the divorce is settled.

Meanwhile, he has built a 60' X 40' shed, just 30' behind the house! He never once consulted me about it. The first I knew of it was workers arriving and ripping down most of the trees around the house, and builders working on the shed 7 days a week.

The landlord now arrives whenever he pleases, and is revving noisy engines in the shed at all hours.

Whilst he was in his shed one night, something struck me as a bit odd. I couldn't quite put my finger on it, but something wasn't right... Then it dawned on me... The shed was awfully bright, considering it had no electricity in it, so I checked, and sure enough, he has connected the electricity supply for the shed to a point in my garage, so I'm now paying his electricity bill, which, considering I've counted 1500W of lights, and he's constantly welding and drilling and grinding, etc. won't be insignificant.

On top of the above, when the builders were here they constantly ran the well dry of water, which meant I couldn't shower, sometimes for days. I eventually approached them and they apologised, but told me the landlord had told them they could use it. At this point I noticed a black plastic pipe in the ground beside the garage. The pipe was branching off my water supply to the house, and heading over toward the field at the back of the house. I asked the builders what the pipe was for, and they told me it was for the cattle trough in the field at the back. So not only am I paying for his electricity, I've also been paying to keep his cattle in water for the past 15 years!

Anyway... I digress... At the end of last year, the landlord told be he would be adding €100 a month to the rent. He also told me that he would be taking back one of the garages, for somewhere to store his tools, and he said I would need to empty it of all my stuff ASAP.

I'm in no fit state to empty the shed, as I suffer from a serious back injury, but he has said he will empty it if I can't.

I've been deliberately avoiding him for a while, but the rent is now due, so I will have to face him.

Meanwhile, due to the water ingress, part of the ceiling has collapsed and damaged some very expensive personal property. I haven't yet told him, as I believe he wants to kick me out and move in, himself, and this would be the perfect opportunity to do so, but I will have to tell him this weekend when he arrives for his rent.

I've read that the PRTB might be able to help, but after reading their website, it seems the best I can likely hope for is them sitting down with me and the landlord, and thrashing out a solution. I don't think that is an option at this stage, as he obviously isn't a reasonable man, so I assume it won't be possible to reason with him.

This whole debacle has had a serious negative impact on my mental health, resulting in a mental breakdown.

I really don't know what to do or who to turn to, and any help/advice would be greatly appreciated.

Kind regards.

handlemaster

Best to move out. It will only get worse

TresGats

Are ypu outside the Dublin / other rental pressure zones?
Obviously finding a new place would be hassle, and moving would be as much hassle, especially when unwell.
Have you got your last few electricity bills, to compare the next one to?
Do you pay water bills?
Tbh, building work next door/ nearby is not something you can do much about , as long as it's within reasonable hours, which are a bit unreasonable imho , as I lived beside a builder for 20 years who would start replacing his bathroom in a semi-d at 8am on a Bank holiday.
Can you get a friend/ family member to help you with the shed, or even pay someone 10e an hour to give you a hand?
I'm sorry that you suffer with anxiety, but I would try to talk to your LL face to face over a cup of tea over the issues you have with him, rather than going the Ptrb route straight away. If you want to continue the tenancy, I wouldn't be antagonising him initially, I'd try to talk and defend my position to him.
Get pictures of the roof, and the wiring while you can. Handy to have just in case you need them further down the road, should he not be co-operative.

jcd5971

<mod snip>, you asked for advice he gave advice, I'd consider it good advice as well as this has mess written all over it.

However if you want to stay in this house and that's your goal, maybe edit that into your op and be clearer about what kind of help your looking for.

There are alot of good posters on here who will offer any help they Can <mod snip>

That bring said good luck with it.

davo10

Op, if he or a close family member wants to move in, all he would need is to give you a valid notice of termination. It is a valid reason for eviction.

athtrasna

Mod note

Posters are reminded to remain civil and post constructively. If you have an issue with a post please report it rather than retorting on thread. Thanks

TheChizler

Stealing your electricity and water is criminal. Is the shed on the property you are actually renting? Did he get planning permission? If it was just any one thing I'd say it to him as it might be an error, but he's taking the piss. I would disconnect the power in the shed if possible to do so safely and tell him that this wasn't acceptable and look for him to pay the excess on your bill. Also to compensate for property destroyed because of his failure to fix the roof.

If he's not forthcoming absolutely raise a dispute with the PRTB. Don't worry about him kicking you out, you hold all the cards here as it sounds like he is in extreme breach of the law.

Depending on how intrusive the shed is I would also inform the council about it. I'm not incredibly familiar with planning law but I'm fairly sure any structure over 35 square metres in the back of a house needs planning permission

Disgruntled Tenant

It seems I am unable to directly quote messages, so forgive the time it is taking to reply.

TresGats wrote:

Are ypu outside the Dublin / other rental pressure zones?
Obviously finding a new place would be hassle, and moving would be as much hassle, especially when unwell.
Have you got your last few electricity bills, to compare the next one to?
Do you pay water bills?
Tbh, building work next door/ nearby is not something you can do much about , as long as it's within reasonable hours, which are a bit unreasonable imho , as I lived beside a builder for 20 years who would start replacing his bathroom in a semi-d at 8am on a Bank holiday.
Can you get a friend/ family member to help you with the shed, or even pay someone 10e an hour to give you a hand?
I'm sorry that you suffer with anxiety, but I would try to talk to your LL face to face over a cup of tea over the issues you have with him, rather than going the Ptrb route straight away. If you want to continue the tenancy, I wouldn't be antagonising him initially, I'd try to talk and defend my position to him.
Get pictures of the roof, and the wiring while you can. Handy to have just in case you need them further down the road, should he not be co-operative.

I'm in Galway county, and it's all but impossible to find a suitable house to rent, and even if I could find one, I'm in no fit state to move house.

I don't see why I should give him the garage back, especially as I am paying extra for it.

I honestly believed tenants had rights, but after reading a lot lately, it would appear not.

TheChizler wrote:

Stealing your electricity and water is criminal. Is the shed on the property renting? Did he get planning permission? If it was any one thing I'd say it to him as it might be an error, but he's taking the piss. I would disconnect the power in the shed if possible to do so safely and tell him that this wasn't acceptable and look for him to pay the excess on your bill. Also to compensate for property destroyed because of his failure to fix the roof.

If he's not forthcoming absolutely raise a dispute with the PRTB. Don't worry about him kicking you out, you hold the cards here as it sounds like he is in extreme breach of the law.

Depending on how intrusive the shed is I would also inform the council about it. I'm not incredibly familiar with planning law but I'm fairly sure any structure over 35 square metres in the back of a house needs planning permission

This is exactly how I see it. He's taking the pi** and doing so illegally, yet I get advice like "move out"! Is that really my only recourse? I think/hope not <mod snip>

The shed is massive. It's about 20 - 30 foot from the house, and is built on ground I'm effectively renting. Also, I know for a fact he has no planning permission for it, as I asked him and he said he was going to declare it as a cattle shed, which, according to him, doesn't require planning permission.

The way I see things going are...

1: I confront him about all the issues.
2: He gives me an eviction notice.

My head's in bits with it.

Does anyone know if he is liable for damage to my personal property, due to the ceiling collapsing?

L1011

Cut the power to his shed immediately - work through breakers to see which one kicks it out and see what you lose as a result.

Disgruntled Tenant

"L1011 wrote:

Cut the power to his shed immediately - work through breakers to see which one kicks it out and see what you lose as a result.

I've seen where he's wired it in, and if I trip the breaker, I lose all power to the garage and the pump house, so I will have no water.

davindub

Threshold have a galway office.

Disgruntled Tenant

davindub wrote:

Threshold have a galway office.

A friend mentioned them, but I know nothing about them or what they do. I will have a Google of them now... Thanks

davindub

Disgruntled Tenant wrote: »

davindub wrote:

Threshold have a galway office.

A friend mentioned them, but I know nothing about them or what they do. I will have a Google of them now... Thanks

They provide assistance to tenants having issues with ll's and they are free.

athtrasna

davindub wrote: »

They provide assistance to tenants having issues with ll's and they are free.

Though not always correct in the advice they give.

the_syco

Disgruntled Tenant wrote: »

Meanwhile, he has built a 60' X 40' shed, just 30' behind the house! He never once consulted me about it. The first I knew of it was workers arriving and ripping down most of the trees around the house, and builders working on the shed 7 days a week.

Disgruntled Tenant wrote: »

Whilst he was in his shed one night, something struck me as a bit odd. I couldn't quite put my finger on it, but something wasn't right... Then it dawned on me... The shed was awfully bright, considering it had no electricity in it, so I checked, and sure enough, he has connected the electricity supply for the shed to a point in my garage, so I'm now paying his electricity bill, which, considering I've counted 1500W of lights, and he's constantly welding and drilling and grinding, etc. won't be insignificant.

Disgruntled Tenant wrote: »

On top of the above, when the builders were here they constantly ran the well dry of water, which meant I couldn't shower, sometimes for days.

Consider flipping the switch when he's in the shed, and if he asks you turn it back on, innocently ask why would your power affect him?

ED E

Disgruntled Tenant wrote: »

Meanwhile, due to the water ingress, part of the ceiling has collapsed and damaged some very expensive personal property. I haven't yet told him, as I believe he wants to kick me out and move in, himself, and this would be the perfect opportunity to do so, but I will have to tell him this weekend when he arrives for his rent.

Delaying informing him of this is very dangerous if this ever reaches the RTB. While you did inform him before of the issues a serious change like that needs to be reported immediately.

TheChizler

TheChizler wrote: »

Depending on how intrusive the shed is I would also inform the council about it. I'm not incredibly familiar with planning law but I'm fairly sure any structure over 35 square metres in the back of a house needs planning permission

While probably not applicable in this instance there are exemptions to planning particularly for agri use. You can build a very big shed with no planning if it's for certain farm usage. Even if he isn't using it for this he may plan to quickly make it look like it's for one of the exempted usages if an inspection is happening, it's far from unheard of for a shed to "change" usage over night. He has cattle so he does sound like a part-time farmer at least.

Mrs OBumble

OP, from your post I'm taking that what you want to happen is for your LL to fix the roof and the ceiling, stop stealing your electricity, stop stealing your water, leave the garage aloe, take the shed away, and put the trees back.

To make these things happen will take a major confrontation and legal fight with the LL. And even then will be only partially successful at best: the trees aren't coming back any decade soon.

It's a trade-off between what you are most able for: the major confrontation, or moving house. When posters here are saying "just move", it's short-hand for the saying that they think your chances of an acceptable level of success from the confrontation are so small, it would be less stressful to move And besides if the LL wants to move in, you may get notice and so need to move anyways.

There are rights and wrongs on either side: you should have reported the leak in writing, the LL should have fixed it, the LL should have agreed the shed electricity with you (he likely cannot get a separate connection for it, as it's the same address). Etc.

I'd suggest you discuss this with whatever health professional you are seeing for the depression / social anxiety: they will likely be able to help you decide how to proceed, and if necessary refer you to support organisations who can help you.

Also, don't think "there is nowhere to move to". Though it's a lot harder to find places than it was 12 years ago (I guess - the market was booming then), it's not impossible: people are moving house, still. So there are alternatives, you just need to work hard to find them.

TheChizler

Cohen Pitiful Babel wrote: »

While probably not applicable in this instance there are exemptions to planning particularly for agri use. You can build a very big shed with no planning if it's for certain farm usage. Even if he isn't using it for this he may plan to quickly make it look like it's for one of the exempted usages if an inspection is happening, it's far from unheard of for a shed to "change" usage over night. He has cattle so he does sound like a part-time farmer at least.

Fair enough. Can you build a farm shed in the back garden of a house though?

spaceHopper

Sorry for your hassles, you probably need to get face to face advice from a solisitor. I'd break this down in to small chunks if I were you.

Next month,
The house
Get somebody to look at the roof and celings, is there any rotten wood, if it a big job to fix? Will you have to move out and will he use it as an excuse to force you to move out.
As he's seperated from his wife, find out where he is living, will he use that as an excuse to get you to move out, you would be intitled to 32 weeks notice so you would have time.

Dealing with him.
Did you rent the house and grounds, should you have exclusive use, or has he something in the lease about this. Can you both come to an arrangement about the electicity and sheds, has he commited an offecne? Is he tax compliant, does he pick up the rent in cash? Is he hiding it from his ex? It's not in you short or long term interests to cause him trouble. Just be nice about it and use it as leverage to help your self. Is there a motgage on the property or does he own it out right, if he does can you pay for the roof repair and take it out of the rent over a year? Include the electrity too. How much does he know about your health probles, can you have a friend there to back you up?

Then longer term where you live, face facts at some point you may have to move. Can you get housing from the council/HSE. Can you do more to overcome your mental health dificulties, really are you doing harm by living there and not pushing yourself. Look at it this way, as you get older you get more settled in your ways and change is harder, it will only be easier now.

Read these over several cups of tea, take your time.

http://www.citizensinformation.ie/en/housing/renting_a_home/types_of_tenancy.html

http://www.citizensinformation.ie/en/housing/renting_a_home/if_your_landlord_wants_you_to_leave.html

pilly

Telling OP to leave is not constructive advice.

OP, sorry you're going through this. Can't be easy when you suffer from stress and anxiety as well.

If you have a friend who's outspoken could you ask them to speak to the LL? If not then Threshold might ring him on your behalf.

The way you're being treated is disgraceful but there is plenty of help out there.

TheChizler

TheChizler wrote: »

Fair enough. Can you build a farm shed in the back garden of a house though?

Without knowing the exact details its hard to answer that. The back garden may be more than a back garden and be considered part of the farm etc. If you look at farms you will see a lot of their yards, sheds etc are in what many would call the back garden.

Again though this is a very big "if" in this story and the usage described would not be an exempted one.

Ms Doubtfire1

OP is in the house 15 years.i.e. hes in the 5fth cycle of part 4 - year 1 or 2 - or in the 3rd cycle of part6. Either way LL can not kick him just like that.
Frankly, the LL actions are partly criminal. 
Op:
First and foremost 
inform the LL of all this in writing - by email AND by letter.set a deadline for response- would recommend 5 days. if no response, open a dispute with the tenancy board. Make sure you retain the receipt of the postal letter send to the landlord - you will need this as proof.If you can't attend yourself due to your condition, you have the right to be represented by someone else of your choosing. It does not have to be a solicitor.And they won't only try to hash things out - they can make a ruling which is binding  - and in his case he hasn't a paw to stand on.
Re shed:
Verify your rental agreement - anything said in there regarding grounds? 

If you don't want to move out, than dont. But you will have to put up a fight.

pilly

Just re-reading the OP there. You need to tell him about the roof immediately. It's your obligation to do this. Even if you could send a text. It will make things harder for you if you don't tell him.

Ms Doubtfire1

Ms Doubtfire1 wrote: »

OP is in the house 15 years.i.e. hes in the 5fth cycle of part 4 - year 1 or 2 - or in the 3rd cycle of part6. Either way LL can not kick him just like that.

If the LL wants to move in himself then yes he can ask the op to leave giving the required notice. It's not good advice to make someone think they can be touched as there are a number for reasons for which part 4 can be ended regardless of how long you are in the house.

Ms Doubtfire1

thats why i said ' just like that'. I have also read through quite a lot of the decisions of the Tenancy board of late and he will be entitle to damages, and those won't be small.

Disgruntled Tenant

Thanks for all your help guys. I feel much better today than I did last night.

I've contacted Threshold via email, and I'll wait for a response from them before deciding what to do next.

Apart from stating that it is my responsibility to maintain the gardens, etc. there is no mention in the rental agreement of land, only "The property at...".

Another thing I forgot to mention... The tank for the heating oil was stood where his shed is now standing. He disconnected the tank when he put in the foundation for the shed last year, and I've been without heating since. I'm having to heat the two rooms I use with electric heaters.

His wife came to visit me before Christmas. She'd never been before (in the 15 years I've been here), and it seems he's been telling her I'm paying €350/month rent. She didn't seem very happy when I told her the truth. I'm guessing he's telling the tax man the same as he's telling his wife.

I've pretty much resigned myself to the fact that I'll have to move out, and probably within the next six months, but I'm going to do my best to make his life as miserable as he's made mine.

Thanks again for your help.

Ms Doubtfire1

He did WHAT?
Get the county council in asap.
http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

Mrs OBumble

Ms Doubtfire1 wrote: »

He did WHAT?
Get the county council in asap.
http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

We've had this discussion in another thread. Between the heating and the roof, the CC may simply say that the place is no longer fit for habitation, so the OP will have to move out.

OP, best of luck with the house-hunting. I really cannot see this being resolved.

Disgruntled Tenant

TheChizler wrote: »

Fair enough. Can you build a farm shed in the back garden of a house though?

Cohen Pitiful Babel wrote: »

Without knowing the exact details its hard to answer that. The back garden may be more than a back garden and be considered part of the farm etc. If you look at farms you will see a lot of their yards, sheds etc are in what many would call the back garden.

Again though this is a very big "if" in this story and the usage described would not be an exempted one.

Half the shed is built on the field at the back of the house, and half on the house land, but the shed only has one entrance, which can only be accessed from the driveway to the house.

I've been reading into this, and although I was already aware that what he's doing is wrong, I wasn't aware of the extent of how wrong it was. It's not that I didn't know, it's that it hadn't sank in, as my head isn't in a good place right now, but realisation is starting to set in, and it's quite shocking. He quite obviously isn't fulfilling his obligations as a landlord, and although I know I have rights, pressing for enforcement of his obligations will only result in conflict, which I can't handle at present, so I am going to keep looking for rental accommodation elsewhere, and if/when I do find somewhere, he will be paying my moving expenses.

I've read that his insurance will likely not cover my possessions, but I'm quite sure he is liable for the damage, as he has been aware of the problems for three years, and wilfully neglected to address them.

I've decided I will be confronting him about the damage this weekend, with a witness present.

the_syco

Disgruntled Tenant wrote: »

I've read that his insurance will likely not cover my possessions, but I'm quite sure he is liable for the damage, as he has been aware of the problems for three years, and wilfully neglected to address them.

On this; do you have proof that you informed him three years ago? Text or email? Because otherwise he'll say he was never notified.