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Property does not meet minimum standards

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    #32
    MacDanger
    Registered Users Posts: 2,600 ✭✭✭MacDanger


    Adam1231 wrote: »
    No I did clean the apartment very well, he just sent me a text saying he’ll get back to me with the deposit once he’s done with the cleaning service. He’s now saying he needs my PPS it as it’s the law to have me registered but I can tell he’s trying to play it safe and register incase I open a dispute or maybe he wants to open a dispute.

    If you returned the house in the same state of cleanliness that you received it, then he's not entitled to charge you for a cleaning service. If he does, ask for a receipt for the cleaning and also photos of the addiitonal cleaning that was required. Open a case with the RTB if you're not satisfied with what he's asking you to pay


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    #33
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    If he retaining the deposit anyway, doesn't really matter.


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    #34
    Adam1231
    Registered Users Posts: 11 ✭Adam1231


    I recently moved to an apartment and left after 1 month due to the conditions of the property. Such as the bedroom/bathroom having no heaters, there’s no where to dispose garbage and being able to hear everything from the neighbours (such as their phone ringing). I am aware of the legal 28 days notice period but couldn’t stay any longer so I only gave 3 days notice.

    The landlord is now asking for my PPS, 45 days after I signed the lease and left. Turns out he didn’t register with the RTB and wants to register. When I said I won’t send it his response was “it’s the law I have to register”. He is doing it to either open a dispute or incase I open a dispute as I said I would open a dispute when he refused to give me back my deposit. I am aware that due to not giving a sufficient notice he can deduct financial setbacks caused but he decided to keep it all without assessing anything.

    I would like some advice on whether I should give him my PPS at this stage or not.


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    #35
    Zulu
    Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Give him your PPS and stop being awkward.

    In any potential dispute, or RTP review do you think your refusal is going to appear anything more than belligerent?


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    #36
    Adam1231
    Registered Users Posts: 11 ✭Adam1231


    beauf wrote: »
    I'm almost certain, you can register people without their PPS. Perhaps he doesn't realize this.
    He probably doesn't know the rules about retain a deposit for leaving early as he probably planning on keeping it anyway.
    Tenant doesn't pay for normal cleaning at the end of a tenancy.

    Both the OP (tenant) and the LL should really spend a bit of time with the rules and regulations. This is all basic stuff.

    “Tenants don’t pay for cleaning at end of tenancy” does this apply in my case where I left after 30 days?


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    #37
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    I wouldnt give it to him and I'd open a dispute of the place didn't meet minimum standards. You can register with the RTB without the tenants PPS although its strongly recommended to supply it.


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    #38
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    All this info is online.

    https://onestopshop.rtb.ie/ending-a-tenancy/what-happens-at-the-end-of-a-tenancy/
    https://onestopshop.rtb.ie/during-a-tenancy/wear-and-tear/


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    #39
    Zulu
    Registered Users Posts: 10,965 ✭✭✭✭Zulu


    Samuel T. Cogley wrote: »
    I wouldn't give it to him
    Why?
    and I'd open a dispute of the place didn't meet minimum standards.
    Perhaps I'm missing something, but did something in the original post suggest the min standards weren't being met? Indeed, other than the sound, is there any "issue" present that couldn't have been/shouldn't have been identified by viewing the property in advance?

    Surely the best advice we can provide is to only use the RTB as a measure of last recourse?


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    #40
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Zulu wrote: »
    Why?


    Because it can be used to assist in finding the tenant if there is a dispute, there is nothing gained by the OP by giving it to him other than to help the LL pursue him for lost rent and I don't feel the tenant is in the wrong here.
    Zulu wrote: »
    Perhaps I'm missing something, but did something in the original post suggest the min standards weren't being met? Indeed, other than the sound, is there any "issue" present that couldn't have been/shouldn't have been identified by viewing the property in advance?
    Adam1231 wrote: »
    Such as the bedroom/bathroom having no heaters, there’s no where to dispose garbage...
    From Citizen's Advice:


    Extra requirements from July 2017

    With effect from 1 July 2017, when the Housing (Standards for Rented Houses) Regulations 2017 came into force, landlords must ensure that:

    There is a permanently fixed heater in each bathroom/shower room and these heaters are properly ventilated and maintained

    In addition to heaters being required in all habitable spaces e.g. bedrooms
    Zulu wrote: »
    Surely the best advice we can provide is to only use the RTB as a measure of last recourse?

    It's a dispute resolution mechanism and there is a dispute here. If the minimum standards are not being me it's my opinion the LL should not be retaining the deposit. I accept other people may think differently.


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    #41
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Threads Merged


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    #42
    fishy_fishy
    Registered Users Posts: 452 ✭✭fishy_fishy


    Alternatively, he might be trying to register it so that he can claim the mortgage interest as a tax deductible expense. Only allowed if he registers the tenancy (which he's correct to do).


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    #43
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    fishy_fishy wrote: »
    Alternatively, he might be trying to register it so that he can claim the mortgage interest as a tax deductible expense. Only allowed if he registers the tenancy (which he's correct to do).

    He can still do that without the PPSN. It's not a requirement to register.


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    #44
    fishy_fishy
    Registered Users Posts: 452 ✭✭fishy_fishy


    Samuel T. Cogley wrote: »
    He can still do that without the PPSN. It's not a requirement to register.

    Never said it was a requirement, but people behaving like there are sinister ulterior motives for the LL wanting to register the tenancy when the most likely reason is two-fold: 1. He has to, and 2. He needs to if he wants to claim mortgage interest relief.

    Also, OP, I'm curious - did you view in person before letting it? I'm not saying you're wrong that it doesn't meet minimum standards, but you did rent it as is.


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    #45
    Claw Hammer
    Registered Users Posts: 6,236 ✭✭✭Claw Hammer


    fishy_fishy wrote: »

    Also, OP, I'm curious - did you view in person before letting it? I'm not saying you're wrong that it doesn't meet minimum standards, but you did rent it as is.

    It is completely irrelevant that the o/p took the property as is. The landlord is obliged to comply with the regulations and the landlord and tenant can't contract out of the regulations. I have seen a case where a tenant bought their own fridge and the landlord was told to supply a different one because the one the tenant bought didn't comply with the regulations.


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    #46
    spaceHopper
    Registered Users Posts: 3,991 ✭✭✭spaceHopper


    Does he have your home address or any way to trace you, if no then no don't give it to him, he has 30 days to register the tenancy and you left early so tell him to call it quits and you won't bother him if he doesn't bother you.


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