Landlord's minimum upkeep?

spoke2cun

What obligations do landlord's have regarding the upkeep of their property. Do they have to cut the grass? Clean the chimney? Clean the septic tank and how often should this be cleaned out?

Graham

Do you have a lease and if so does it specify any of the above?

Although the landlord may ultimately be responsible for making sure some (all) of those items get done, it's not unusual for a lease to specify that the tenant agrees to take on at least some of those responsibilities.

spoke2cun

Our lease agreement is a 2004 version of the tenancy act. We didn't start our rent until 2014. Should we be under a newer more up to date version of this act? Also the lease agreement was for 12 months, Sep '14 to Sep '15. It hasn't been reviewed since. Is it up to the landlord to do this? The reason I'm asking is that we have brought a few issues/problems to his attention and we get no reply for weeks and even months. What are our rights regarding withholding rent etc? I don't want to cause any trouble but some of this stuff was brought to his attention before Christmas!

godtabh

spoke2cun wrote: »

Our lease agreement is a 2004 version of the tenancy act. We didn't start our rent until 2014. Should we be under a newer more up to date version of this act? Also the lease agreement was for 12 months, Sep '14 to Sep '15. It hasn't been reviewed since. Is it up to the landlord to do this? The reason I'm asking is that we have brought a few issues/problems to his attention and we get no reply for weeks and even months. What are our rights regarding withholding rent etc? I don't want to cause any trouble but some of this stuff was brought to his attention before Christmas!

you cant withhold rent

dennyk

The current Act including all amendments would override any conflicting clauses in your lease, so it really doesn't matter if your "lease" is an old copy of the law (and just downloading an old copy of the RTA to use as a "lease" is a seriously lazy approach that could easily come back to bite the landlord). However, the law doesn't address who would be responsible for those tasks; normally the lease would govern, but if they aren't mentioned in your lease, it's rather up in the air.

It's very normal for tenants to be responsible for keeping up the garden, and it's not entirely unreasonable for you to pay for cleaning the septic tank if you've been resident for a long period of time, since you're the one filling it up (although if the tank is damaged or failing, any actual repairs would definitely be the landlord's responsibility). The chimney could go either way, but it's not a terribly expensive service, and if you use your fireplace a dirty chimney is a major safety hazard, so it's probably best to just bite the bullet and get it done yourself if the landlord balks rather than leaving it while you fight them over it.

spoke2cun

Sound advice and thanks for that. I have no intention of withholding rent BUT when a landlord is asked about replacing a very badly worn 3 piece suite, to replace a blown off ridge tile, to repair a leaking front door, to repair serious wall cracks, to repair loose, metre long garden wall caps (loose ones are a serious hazard if they fall off on top of anyone) SIX MONTHS AGO, then I expect at least some form of communication. Why am I paying for what is now a sub standard dwelling?

gizmo81

The landlord is responsible for everything you mention.

Refer a dispute to adjudication with the RTB

https://www.rtb.ie/dispute-resolution/dispute-resolution/dispute-resolution-process-faqs

You will be compensated for the delay and they will outline a timeframe to do the work.

Fol20

gizmo81 wrote: »

The landlord is responsible for everything you mention.

Refer a dispute to adjudication with the RTB

https://www.rtb.ie/dispute-resolution/dispute-resolution/dispute-resolution-process-faqs

You will be compensated for the delay and they will outline a timeframe to do the work.

Everything bar the worn couch. That is down to personal opinion and taste. There's no real incentive for a ll to replace couch due to new laws.

spoke2cun

What about getting a BER done? A carbon monoxide monitor installed, a fire blanket, fire extinguisher? What happens if the BER is not up to standard? He seems to be passing the buck between himself and his partner. :mad:

spoke2cun

He came to have a look at the suite, admitted it was badly worn, said he'd get it reupholstered, 6 months ago! It's embarrassing. We have throws over the lot of it.

gizmo81

Fol20 wrote: »

Everything bar the worn couch. That is down to personal opinion and taste. There's no real incentive for a ll to replace couch due to new laws.

The landlords obligations include

Repair and maintain the interior of the property to the standard it was in at the start of the tenancy

If the couch was there at the start of the tenancy it must be maintained and repaired.

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

Fol20

gizmo81 wrote: »

The landlords obligations include

Repair and maintain the interior of the property to the standard it was in at the start of the tenancy

If the couch was there at the start of the tenancy it must be maintained and repaired.

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

Unless the couch has springs coming up through it, if its still usable, you dont need to repair it.. Based on what was described, it might look a bit grubby but if its just that, you dont need to replace it.

spoke2cun

I'll send him the above list again and say that if I don't hear from him I'll have no choice but to take some form of action. I'll also give him a reasonable amount of time to provide the above. Although whenever I've mentioned 'a reasonable amount of time' before, it was the last I heard of it. Maybe I should give him a time frame 4-6 weeks? When all is said and done, it's his own property he'd be upkeeping!

the_syco

spoke2cun wrote: »

Although whenever I've mentioned 'a reasonable amount of time' before, it was the last I heard of it. Maybe I should give him a time frame 4-6 weeks?

Mention a time frame.

Perhaps mention that should it not be done, you'll have to contact your local authority, as per below;

[url=https://www.rtb.ie/dispute-resolution/dispute-resolution/dispute-resolution-process-faqs]RTB.ie[/url] wrote:

If you believe that the dwelling is sub standard, you can contact your Local Authority and request that they carry out an inspection.

Bear in mind that the landlord may class such repairs as a "major renovation", and ask you to leave whilst he does the renovation, and then increase the rent before you move back in.

wordofwarning

spoke2cun wrote: »

What about getting a BER done? A carbon monoxide monitor installed, a fire blanket, fire extinguisher? What happens if the BER is not up to standard? He seems to be passing the buck between himself and his partner. :mad:

Why do you want a BER? It is literally a piece of paper. There is no standard of energy rating for a rental property. He got get you the piece of paper ie the BER, but he is under zero obligation to improve the energy efficiency of the house. You took the house as is and now you want him to improve the energy efficiency?

You are entitled to a carbon monoxide alarm, a fire blanket and fire extinguisher. If they are so important to you and you are outraged about waiting for stuff. You can pick them up for around €30-40 all together

If you are so dissatisfied with the standard of the property, you can always move

dennyk

There is no "up to standard" for a BER; it's an informative report, nothing more. Its only purpose is to make you aware of the likely cost to keep the property heated before you rent it. A property with a BER of F can still be rented out; it just may be more unattractive to potential renters (or would be in a sane market, anyway). It would be absolutely no good to you now when you've been living there for years and are well aware of the utility costs already.

The landlord is supposed to supply a fire blanket and a CO alarm. These are important safety devices, particularly the CO alarm, so again, if the landlord is balking, it would probably be in your best interest to purchase your own immediately and then worry about pestering the landlord for reimbursement. CO poisoning can easily be deadly and dangerous levels are impossible to detect without an alarm.

The landlord does not have to provide a fire extinguisher, but it would be a good idea to buy one yourself.

spoke2cun

'Why do you want a BER? It is literally a piece of paper. There is no standard of energy rating for a rental property. He got get you the piece of paper ie the BER, but he is under zero obligation to improve the energy efficiency of the house. You took the house as is and now you want him to improve the energy efficiency?'

Because first of all i'm not up to speed on what BERs are all about and if there is a minimum standard or not. Secondly I would imagine it's in his interest too to maintain a house to a good standard.

whoopsadoodles

Can someone please post a link to where I can find information of the responsibility of a landlord to provide a carbon monoxide alarm please?

I can only find information regarding fire blanket and smoke alarms.

Thank you.

Dee01

You're coming across very hostile OP. I get you're annoyed, but I don't think it will get you anywhere. Be prepared to be asked to leave if you go in all guns blazing. As another poster mentioned, this could fall into the major refub category.

gizmo81

whoopsadoodles wrote: »

Can someone please post a link to where I can find information of the responsibility of a landlord to provide a carbon monoxide alarm please?

I can only find information regarding fire blanket and smoke alarms.

Thank you.

Hi Whoopsadoodles, here's a link,


(6) Each house shall contain, where necessary, suitably located devices for the detection and alarm of carbon monoxide.

S.I. No. 17 of 2017
————————
HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2017
http://www.irishstatutebook.ie/eli/2017/si/17/made/en/pdf

whoopsadoodles

gizmo81 wrote: »

Hi Whoopsadoodles, here's a link,


(6) Each house shall contain, where necessary, suitably located devices for the detection and alarm of carbon monoxide.

S.I. No. 17 of 2017
————————
HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2017
http://www.irishstatutebook.ie/eli/2017/si/17/made/en/pdf

Thank you Gizmo.

I missed that completely. I'll have to get one fitted asap.

gizmo81

It's a tenants obligation to report any issues under the tenancy,

(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

Then it is the landlords obligation to,

ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,

And importantly then it is the landlord obligation to,

without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—

(i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and

(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—

(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or

(II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,

If the tenant doesn't report issues at the end of the tenancy then the landlord could walk into a house in a terrible state with work costing much more than if dealt with when it happened.


RESIDENTIAL TENANCIES ACT 2004

Chapters 1 (12) Landlords Obligations and Section 2 (16) Tenants Obligations

http://www.irishstatutebook.ie/eli/2004/act/27/enacted/en/print#sec16

jamesthepeach

If you aren't in an rpz op, expect your rent to go up too if the landlord has tomoay a lot for repairs. If you are in one, this might be his chance to break the rent control.

On the safety stuff, no way would I olput my family in danger for cost of getting those things done. I would just do it myself straight away.

spoke2cun

Dee01 wrote: »

You're coming across very hostile OP. I get you're annoyed, but I don't think it will get you anywhere. Be prepared to be asked to leave if you go in all guns blazing. As another poster mentioned, this could fall into the major refub category.

?
I'm just amazed that a landlord couldn't care less about his property. I have no issues about buying stuff, it's just that I wasn't sure as to what the landlord should provide.

Pkiernan

Best thing is to request an inspection from you local EHS officer.
They will give the LL a list of what needs to be done and give him 30 days to do so (or less for dangerous violations).
If he doesn't comply he'll be fined until he does.

spoke2cun

Pkiernan wrote: »

Best thing is to request an inspection from you local EHS officer.
They will give the LL a list of what needs to be done and give him 30 days to do so (or less for dangerous violations).
If he doesn't comply he'll be fined until he does.

Thanks PKiernan. I'll give him a shout (again) today and if there's no reply then I'll act.

wordofwarning

spoke2cun wrote: »

Because first of all i'm not up to speed on what BERs are all about and if there is a minimum standard or not.

You don't know what BERs are about, but you want one? You want the landlord spend money on a piece of paper that is useless as you don't want to research it? There is no minimum standard for energy efficiency in houses. I suggest you research all of this before

spoke2cun wrote: »

Secondly I would imagine it's in his interest too to maintain a house to a good standard.

Why? You honestly don't come across as a tenant that I would want to keep...

'I don't know what a BER is, but I want one'. Why would a landlord want to maintain a house to keep a tenant like you?

As previously mentioned, I think you and the landlord have different objections. You want him to spend money on pieces of paper you know nothing about to see if they follow minimum standard that don't exist. Try find another landlord, you will give into your demands but most won't

Lux23

wordofwarning wrote: »

If you are so dissatisfied with the standard of the property, you can always move

People should be banned for saying this in the forum and in this rental climate. One cannot just simply move these days and you shouldn't be attacking a tenant for expecting a landlord to fulfil their obligations.

Pkiernan

Pkiernan wrote: »

Best thing is to request an inspection from you local EHS officer.
They will give the LL a list of what needs to be done and give him 30 days to do so (or less for dangerous violations).
If he doesn't comply he'll be fined until he does.

Risky play, this could end up with the op being forced to move out if the place isn't up to standard and significant work is required.

737max

2014 mentioned in OP.
Landlord will be tempted to end tenancy in 2018 although based on the issues outlined I don't know why the tenant is staying in the property unless rent is well below market rate.

gizmo81

737max wrote: »

2014 mentioned in OP.
Landlord will be tempted to end tenancy in 2018 although based on the issues outlined I don't know why the tenant is staying in the property unless rent is well below market rate.

There are costs associated with moving that can be prohibitive.