Tenants rights

conman

Hi all,

I got a question id like to know the answer to.

background: i got a landlord who is very unsettling, unnerving + who promises the worked + does not do any repairs when asked to.
examples: the windows do not open in 3 rooms(breaking ventilation rules), the front door on 2 occasions opened all by itself as we were at work, this is due to a warped frame, the landlord was notified immediatly about this twice, promised to fix it + acted concerned. but did nothing..

the landlord now wants to inspect the premises, which is fine by me.
But i was warned quite abruptly, that if i was not there at the agreed time for what ever reason, i would be fined 100 euro on the spot.

Now my question is:
Is this in any way legal in Ireland/Dublin?
Have I a right to complain?

frodi

get in contact with Threshold. This is way off the mark. E100 fine for not being there is BS.

conman

i thought as much, thanks ...

furthermore,

i can refuse to speak to this particular person, cant i?
+ request to speak someone with more manners.

because, even though im letting, its still lawfully my home, i can choose to accept or deny who ever i see fit.
in this case, i neither trust or feel comfprtable dealing with this rep....

i think im quite right.
i sent a mail to treshold earlier today, but i dont no if ill get a reply in time.
thats why im asking here.

visit due friday..

Bitsie

he has no right to "fine" you for not being in your own house, its up to him to be there at a time that suits you. By law the house is mean to be secure and safe and structurally sound, this is his job as a landlord. do you know if he is a registered landlord, i.e. paying tax on the house or do you pay rent cash-in-hand? sorry to ask but if you know he is not paying tax and he gets really difficult you can always report him. or a way around it is asking him for his PPS no as you want to apply for rent allowance and if he refuses then you know he is not!!

conman

its actually an agency, not a landlord as such.sorry 4 confusion.
but its one particular person within the agency who is particularly hardlined + selffish.
the agency themselves do not support any of our issues, even though both parties are aware they should, but a particular member of the agency who is threatening.

i was thinking of reporting to treshold if i feel uncomfortable in their company again, and reporting this agent to the director of the letting agency.

the only way i believe that the 100 euro fine is possible, is if its stated in the contract. even so, i dont believe that would be lawful to include, perhaps im wrong. i just dont have the contract with me + i do not believe its included!

cheers 4 help Bits + Fro.....

Victor

Only a judge can fine you. Unless theres something really special in the contract that says otherwise, he's just being nasty.

Tell the agency you will not deal with this individual. If he's not there at the specified time (within 5 minutes), go out and phone the agency saying he was late and you can't wait.

Write to them with the list of complaints and tell them if they aren't fixed within the month (repeat the letter two weeks to go by registered post), that you will have them fixed at their cost.

Have someone there when he comes over.

jay567

Go straight to the highest person u can get to in the letting agency and make a formal complaint explaining everything and tell them that u want this resolved or else u will take this further both with the owner of the prop as well as through threshold. If u still get no result, then be as rude to them as they are to u.
Good luck!

Rubens

As a landlord I am disgusted by the treatment you are receiving from these Cretins. No wonder we get a bad name!!!

Contact the Private Residential Tenancies Board. The landlord/letting agency are LEGALLY obliged to have your tenancy registered. If they have not they are in deep DO-DO. If they have registered then you can initiate a formal proceeding via this board to resolve the differences.

RJ

shoegirl

Legally a landlord (agency or otherwise) cannot let you a flat that is substandard. If 3 windows don't open and the door opens by itself there is for a start a ventilation problem and safety issue that is illegal (and possibly dangerous). Tell your agency you are going to complain to the local authority about this.

Contact the housing department of your council and tell them that the flat you are living in may be substandard and can you arrange an inspection. Also let them know the landlord or agencies name. They can force your landlord by law to make good any substandard qualities in the house, otherwise the landlord is liable to prosecution.

MorningStar

In fairness the landlord isn't at fault here it is the letting agency. They are responsible for the properties up keep. I let places using letting agents and myself. If I ever let with an agent again I will check with the tenant every two months. The letting agent never did his job and I didn't know untill I called down after 8 months there were any problems.
I am not sure windows opening is a ventialtion problem by the way. If there are air vents in the wall their is no ventialation problem. I wouldn't leave it myself but I don't think the windows have to open. Did they suddenly break or did they never open?
This stuff does give landlords a bad name but might not be fair in this case. THe problem sound to be the agent.

gamer

he is breaking housing regulations ,re maintenance safety,etc,u can report him to dublin city council,they have inspectors who check private rental accom0dation.if hes, registered with revenue ,he gets 100percent tax allowance for all repairs etc.write letter to agent noting all faults ,items to be fixed,etc keep copy for yourself.that 100e fine is illegal,ridiculous.hes, just a miser,doesnt wanto spend money.that house is not secure,could easily be broken into.u cud tell him ,i,m getting carpenter to fix lock,keep reciept,take 80e off rent ,whatever it costs to secure door,carpenter will need to pane it down.dont get locksmith,,hes not qualified to fix doorframe,u need chippy.

gamer

if u have camera take photos of doorframe locks ,items that need fixing,as EVIDENCE.u cud go to agency in person ask to speak to boss, have written list of faults and letter with you.

MorningStar

gamer wrote:

he is breaking housing regulations ,re maintenance safety,etc,u can report him to dublin city council,they have inspectors who check private rental accom0dation.

State a single case where you are sure he is breaking regulations. It's only opinion the ventilation issue is covered if their are vent AFAIK, the door may not have been closed correctly. The inspectors don't come out very easily on request and if he is registered they would have been there before.

gamer wrote:

if hes, registered with revenue ,he gets 100percent tax allowance for all repairs etc.

This is simply not true. It depends on the nature of the repair. The tax people do not let every repair to be written of against your taxable income. It's a bit like saying VHI cover all medical expenses when they don't. There are conditions on what can be written off.

To assume somebody is "miser" without a equal argument is predjudice at best. It's sounds like you have some knowledge of the regulation but not all or at least a working knowledge. It's not a personal attack just some balance

gamer

all basic repairs doors windows frames locks can be written off against,thats a fact,tax,landlord may not know, whats going all,if theres not a vent in all rooms and windows cant be opened thats against health regulations,YOU MUST have adequate ventilation in all DWELLINGS,this could be ALL agents fault for not telling landlord or incompetence.theres bad tenants and bad landlords ,its hard to lock door properly if frame is warped or door is warped,wood expands over time due to tempeture changes.agent sounds like an eejit.with the rents at present level,the least u can expect is proper maintenace,most rental property has never been inspected by council,they are understaffed.THERES a small minority of bad landlords out there unfortunately,it cud be agents fault though .

MorningStar

gamer wrote:

all basic repairs doors windows frames locks can be written off against,thats a fact,tax,landlord may not know, whats going all,if theres not a vent in all rooms and windows cant be opened thats against health regulations,YOU MUST have adequate ventilation in all DWELLINGS,this could be ALL agents fault for not telling landlord or incompetence.theres bad tenants and bad landlords ,its hard to lock door properly if frame is warped or door is warped,wood expands over time due to tempeture changes.agent sounds like an eejit.with the rents at present level,the least u can expect is proper maintenace,most rental property has never been inspected by council,they are understaffed.THERES a small minority of bad landlords out there unfortunately,it cud be agents fault though .

The point is you don't know if there are vents or not so you don't know if they are breaking the law. If there aren't then there could be a problem as there are different solutions.
You said all repairs are covered and that isn't true. Most genral repairs are covered but I can tell you a door replacement was not free when I did it. It's seen as fixture and fittings. The agent is the problem and the landlord might not know. THe agent is meant to get repair men and save the landlord the hassle and I discovered that you need to check they do.