Deducting Rent for lack of utility

poker2k9 · 01-01-2023 1:42pm #1

Not sure if this is the appropriate forum, but seeking some advice.

I live in a managed complex and our gas boiler started leaking water yesterday night. Although the management office is closed until 3rd, they left an emergency number to call for emergencies such as Leaks and main utility failures (water, electricity and gas).

I called to the emergency number, and they were able to call someone over who was able to fix the leak due to a broken valve, but the trade off for stopping the leak is we now have no heating or hot water in the apartment until management comes back on Tuesday 3rd to organize for a proper repair person to come look at it.

Over the next 2 days, we will have to use an electric heater we are borrowing, and also boil ridic amount of hot water in kettle for hot water bottles etc. Can I charge the management office and offset these additional energy costs on rent?

herbalplants · 01-01-2023 1:49pm

You can try,but to be very honest, I doubt you will be able to offset against the rent.

They will use some legal jargon to let you know that these type of emergencies happen just as it would happen if you own the property yourself and you couldn't offset against your mortgage.

My 2c.

Graces7 · 01-01-2023 2:00pm

So you normally get heating etc as part of the rental ie "free"?

poker2k9 · 01-01-2023 2:04pm

https://www.boards.ie/discussion/comment/120052288#Comment_120052288

No we don't, but the heating and hot water is not working at all cos there is no one on the emergency team that can work on the boiler.

So, although I won't be incuring gas costs over the days it is be broken, I will be incurring more than expected electricy cost from using the less efficient electric heaters that don't keep heat in the room and boiling hot water constantly for 2 days. And there is no guarantee they'll have someone out on the 3rd of Jan to fix same day.

poker2k9 · 01-01-2023 2:06pm

https://www.boards.ie/discussion/comment/120052264#Comment_120052264

Yah same feeling. I kinda just want to be extra hard on them because this is the 4th fault on the boiler this year alone. I'm only going to be in the apartment for another 3 to 4 months anyway.

drogon. · 01-01-2023 2:07pm

My understanding is that you are substituting electricity with gas for heating. But at this time, gas is a lot more expensive than electricity.

elperello · 01-01-2023 2:10pm

You can try to negotiate a reduction but you may not unilaterally reduce your rental payment.

01-01-2023 8:18pm

I'd say no chance as long as the boiler is repaired in a reasonable time frame and being the time of year it is reasonable could be quite a while.

Jmc25 · 01-01-2023 8:43pm

I think you'd need to he left without the use of a boiler for a fair bit longer than that to have a decent chance of negotiating a reduction.

Having said that, no harm trying.

Thestart · 01-01-2023 10:29pm

What’s a reasonable time to fix a problem like this?

How many breakdowns before a new boiler is fitted, it’s the 4th fault this year?

It seems from renters on this forum that the pro property people do this super fast and efficient?

Fol20 · 02-01-2023 12:21am

Tbh. You’re Not left with no heat. You have been provided with a viable alternative until the original issue is sorted. Yes your bills might go up slightly but you need to pick your battles wisely and trying to fight the difference in cost between the gas it would cost vs the electricity is so small. If one of my tenants argued this, I would be upping rent asap as you might be a finicky tenant to deal with and would prefer you gone than to deal with someone that doesn’t have some pragmatism on a situation

There is no max amount of repairs legally speaking. Replacing a boiler would cost 4k plus so most will not go down that route unless absolutely necessary.

Graces7 · 02-01-2023 10:30am

https://www.boards.ie/discussion/comment/120054306#Comment_120054306

Thank you. That was my point exactly.

Augme · 02-01-2023 11:05am

Since evictins are currently banned so you are in a great position to push for something in return for the shoddy service you are being provided.

Furze99 · 02-01-2023 11:45am

https://www.boards.ie/discussion/2058277686/deducting-rent-for-lack-of-utility

These are the vicissitudes of life - I think you should be glad that they were able to get the leak fixed promptly over a holiday period. Today is a public holiday. If the management company start dealing with it tomorrow, that is an entirely reasonable response to a non life threatening issue. Life doesn't always run smooth - sometimes you just have to suck up the uncomfortable bits.

Alonzo Mosley · 02-01-2023 11:49am

https://www.boards.ie/discussion/comment/120054928#Comment_120054928

That's exactly why landlords are leaving the market.

Augme · 02-01-2023 11:55am

https://www.boards.ie/discussion/comment/120055045#Comment_120055045

And the behaviour of landlords is why we needed a ban on evictions.

Fol20 · 02-01-2023 11:57am

Evictions are currently only banned for bother few months. It might be extended or it may not. Your risking a lot for how much of a saving? Esp when a lot of ll are leaving and you might find it hard to find somewhere else.

rent increases are not banned even if it is only 2pc.

the ll is not under any obligation to accept a rent reduction and I suspect would be unlikely to give a tenant like this the benefit of the doubt when it won’t cost that much.

poker2k9 · 02-01-2023 12:55pm

Well without going into details on location, this is a managed complex of apartments and not a private landlord. So the rent we pay covers some maintenance we should get including emergency call outs. Which is exactly what they provided a number for to call if any of the utility fails. I know it is over the NY, but I was at least expecting if you offer an emergency service for utility you will actually be are to deal with the utility emergency. Maybe I expecfed too much 😅.

Anyway, they are back opened tomorrow, I've been speaking to other folks in the complex whose had the same issue (albiet during the summer) and if they can't get us sorted tomorrow, we should be able to ask for a temporary apartment in the complex for shower and warmth (sleeping).

So will see how things go tomorrow.

Thanks all.

Dav010 · 02-01-2023 3:59pm

https://www.boards.ie/discussion/comment/120054928#Comment_120054928

The protections do not extend to tenants who do not pay their rent in full.

https://www.rtb.ie/new-changes-to-rental-legislation/residential-tenancies-deferment-of-termination-dates-of-certain-tenancies-act-2022?gclid=EAIaIQobChMIq_Sgw5Kp_AIVjsvtCh0ImgAMEAAYASAAEgLFBPD_BwE

snowgal · 02-01-2023 4:08pm

Well I’ve been waiting a week here for a new toilet! It literally smashed, a massive chunk off the bowl and side, have glued it together but can’t sit on it!! 😬😂 the ll did come out next day but still waiting on a replacement, no other toilet in the house… think that’s a basic right?!

Dav010 · 02-01-2023 4:11pm

https://www.boards.ie/discussion/comment/120055908#Comment_120055908

How does a toilet break like that?

snowgal · 02-01-2023 4:20pm

https://www.boards.ie/discussion/comment/120055925#Comment_120055925

It’s a really old toilet, though porcelain so shouldn’t really. There was a big crack on bowl when we moved in, so they think it was just working away. Had heard a few noises the last few times before the boom! The sink did the same a few months ago, it’s a faulty towers type house!

Cuddlesworth · 02-01-2023 4:24pm

You can't deduct rent but you can take up a case with the RTB against them for costs.

Keep in mind, you will be giving your side of the story to a person who has had tenants without heating/water for up to months sometimes.

02-01-2023 9:15pm

It was new years. It doesn't matter if its a rental property or privately owned it would be difficult to get a trades person at this time of year and impossible to get replacement parts for a boiler.

Deub · 03-01-2023 9:17am

https://www.boards.ie/discussion/comment/120055252#Comment_120055252

I think you expected too much. It is not because there is an emergency number that they can fix all issues possible. You are basically expecting the plumber or boiler company to store all spare parts possible for the boiler of your particular complex (actually 2 to 3 of each in case another apartment has the same issue) just in case there is an issue during Christmas or New Year. Should they do it for all the building they take care of? Would you do it if you own the company?

Anyway, what is your cost estimation of this issue (cost of what you would have paid vs what you will pay)?

Tow · 03-01-2023 9:30am

https://www.boards.ie/discussion/comment/120055925#Comment_120055925

Usually it involves the tennant, their 'friend' or both!

Tow · 03-01-2023 11:00am

https://www.boards.ie/discussion/comment/120058584#Comment_120058584

It they can even get parts. We had to replace ~4 year old boiler for a tennant a few months ago, no parts or so we were told...

DownByTheGarden · 03-01-2023 3:23pm

https://www.boards.ie/discussion/comment/120055908#Comment_120055908

Tough sh!t

snowgal · 03-01-2023 3:53pm

https://www.boards.ie/discussion/comment/120058601#Comment_120058601

Sorry off topic, but I have to pull you up on this…the presumption on here sometimes is ridiculous.I posted the message as a ‘ these things happen’ to OP. That were in the same boat as it was holiday time couldn’t get it fixed asap. FYI There’s myself and husband living here, I’m in 40s and he’s in 50s. Private LL, pay very high rent like everyone. I can assure you we did nothing to break the loo… I don’t appreciate what your post implies… I don’t know exactly how it happened but as said above there was a large rift on the bowl from when we moved in so I presume that’s how….

spaceHopper · 03-01-2023 3:57pm

No you can’t this is an inconvenience not a full blow drama. Firstly see if you can use the electrical emersion to hear water. Secondly put on a jumper and use the electrical rand in the room you are in. If you go down the road of demanding compensation… you’ll be told to f-off and one day something will happen when you need them to help you and you’ll have no good will so will be last to be seen to. Asking for help gets more done than demanding it.

Deducting Rent for lack of utility

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