Landlord refusing to carry out repairs

waynescales1

I was informed by my management company that my landlord is refusing to replace my (in my opinion) worn out mattress. No reason was provided. I asked my landlord about this directly, by text, they didn't respond.

The good people at Threshold have informed me that I, under Section 12 of the Residential Tenancies Act 2004, can buy a mattress myself and deduct the costs from my rent.

Are Threshold right? Is my issue covered by this section of the Act? Is this a good idea? Anyone who has gone down this route any advice? Thanks.

Edit: To be clear, my question is about paying for repairs myself, which my landlord is unwilling to pay for, and deducting those costs from rent owed to my landlord. I am not looking for assistance to determine whether my mattress is need of replacement, thanks.

xabi

LOL, good one

Claw Hammer

You should be glad you have accommodation at this time. Thousands haven't.

herbalplants

How old is this mattress?

Your back pain is not your landlord's responsibility.

mrslancaster

https://www.boards.ie/discussion/2058291343/landlord-refusing-to-carry-out-repairs

Does that section not say repairs to the structure of the exterior or interior? No mention of beds.

I have always been told that the section quoted related to building repairs eg if you had a leak in the bathroom then the landlord needs to get it fixed, or say if slates were blown off the roof in a storm or a window got jammed / didn't close properly. In other words, anything to do with the structure and the fixtures, so the plumbing, pipework, electrics, heating etc. and afaik, it also covers the compulsory items ie, the kitchen white goods and fire / smoke/ CM alarms.

There's nothing in the RTA that says a rented property must be fully furnished - in fact, afaik Ireland is unusual that way and most other countries do not fit out a rental with sofas, beds, chests of drawers, coffee tables, window coverings, light fittings or dining sets. That's the tenants responsibility. Other colleagues have told me that in the 80/90's, rentals were completely equipped with kettles, pots and pans, crockery, cutlery, pillows, duvets, vacuum cleaners, irons and ironing boards etc, everything needed to just move in. A bit like an airbnb now.

The days of fitting out a rental like a hotel or airbnb is long gone and supplying furniture and beds will probably change as we move to a system more like the EU, Oz and North America. The regulations are strict on landlords and IMO unfurnished will become the norm as they look at ways to reduce costs. If tenants are staying longer term in properties, it is hard to see any landlord providing and then replacing furniture on an indefinite basis.

Tenants will get a dwelling that complies with regulations with all safety checks done and then anything more than that will be down to the tenants to provide themselves. Unfurnished with just the required items, which is only the bare necessities, will become more common.

IMO, Threshold and other tenant organisations have been reading that section wrong for years but maybe it would be an interesting question for the posters on the legal forum who are very knowledgable about these things.

RonanG86

Without passing judgment on what landlords should and shouldn't be doing, I'm going to question the accuracy of Threshold's advice there to be honest mate.

To me it appears to be pushing the boundaries of what "interior fittings" count as. If your landlord contests it and raises a dispute with the RTB or tries to evict you over it, it's hardly a slam dunk that you'd win based on the 2004 Residential Tenancies Act.

Maybe the RTB can give you a second opinion before you go relying on it.

SwimClub

Threshold being the homeless charity?

Or is there another Threshold that deals with hard mattresses?

whelan2

Buy a mattress, when you move out bring the mattress with you. Sorted.

SwimClub

This might just turn out to be your ticket to marrying royalty:

https://en.wikipedia.org/wiki/The_Princess_and_the_Pea

Fian

Nothing in the provision entitles you to withhold your rent. Section 12(1)(g) obliges landlord to reimburse expenses if certain conditions are met (which it seems are unlikely to be met in this instance) but that is not the same as entitling you to withold your rent.

I think you would be foolhardy to chance your arm on this, but if you decide to do so continue to pay your rent and pursue a claim for re-imbursement, otherwise you may find yourself in receipt of a notice of termination for failure to pay rent.

Dav010

Expect a notice related to rental arrears very quickly, followed shortly afterwards by a notice of termination. How will your sleep be affected then?

Even for Threshold, it’s hard to believe they would advise you to withhold rent.

rob316

Withhold rent over a mattress, good luck, landlord will only be looking for an excuse to put ya out, don't give him one.

waynescales1

https://www.boards.ie/discussion/comment/120447853#Comment_120447853

Yeah I agree, re-reading that section has me wondering whether furnishings are covered. Also agreed that the section mentions reimbursement of expenses, rather than withholding rent to pay for repairs myself. Maybe Thresholds advice was influenced by what they've seen happen in practice in such situations.

I'm sceptical that such furnishings aren't a part of my landlord's responsibility. Neither the management company, nor the RTB said any such thing in my discussions with them on the subject earlier. It was the management company who asked the landlord to replace the mattress (at my request). I doubt they'd have done so if it wasn't the norm. Also, my landlord replaced my kitchen chairs last year.

RTB General Enquiries did indeed say that it was quite possible that I would be served with a rental arrears notice by my landlord should I choose his option. At which point they suggested raising a dispute with the RTB, over said arrears. I'm about to call RTB Disputes to see what the outcomes of such disputes usually are.

Caranica

https://www.boards.ie/discussion/comment/120448310#Comment_120448310

Chairs are either broken or not. Mattress condition is subjective. If you want to replace it, pay for it, store the old one and take the new one with you when you move. The landlord has no responsibility unless the mattress is damaged.

SwimClub

You might also try Amnesty International and then the UN if the homeless charities aren't getting results on the hard mattress.

spaceHopper

https://www.boards.ie/discussion/comment/120448310#Comment_120448310

Are you nuts, you are starting to sound like a very needy tenant. If I was your LL at the end of your part 4 tenancy I'd be telling you to go, assuming that is still possible.

sondagefaux

https://www.boards.ie/discussion/2058291343/landlord-refusing-to-carry-out-repairs

As you say, it's your opinion that the mattress is "worn out".

Have you obtained a Mattress Engineer's Report?

This could be useful in the event that there is a dispute over the condition of the mattress.

I can prepare one for €200: please post photos, including close-ups, of the mattress here.

Once I've prepared my report, I'll PM you my bank details and I'll email you the report on receipt of my fee.

I am the President of the Global Residential and Institutional Mattress Engineers Society (GRIMES) so you can be assured that my report will be accepted as expert evidence by any court.

L1011

A new mattress is not a repair, and many of the replies on this thread are exceptionally sub par. Closing.