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The Boards.ie Quick and Dirty Renting Guide

135

Comments

  • #102
    seaslug
    Closed Accounts Posts: 6 ✭seaslug


    I'm currently approaching the end of a fixed term contract (12 months). I provided 40 days notice to the landlord and agent that I wished for this tenancy to roll over into a Part 4 tenancy. I want this as I may have to move in the near future. However, the agent has insisted to me that I sign another fixed term lease (again 12 months), but has reassured me that the lease allows me to break it early with the appropriate notice. The text the agent is referring to is as follows: "Both Landlord and Tenant have to give 4 weeks written notice from the contract date to vacate the Premises if either wishes to terminate the lease before the end of the Term of the lease (one year less a day)".

    My interpretation is that the text above stipulates something I must do if I seek to break the lease, but does not give me the absolute right to break the lease early (ie. what happens if the landlord says no?). The agent however has reassured me that this text gives me the right to end my lease with just 4 weeks written notice, with no penalties applying.

    I guess I have two questions which I hope somebody here might be able to answer:

    1) Does the agent/landlord have the right to insist that I sign another 12 month lease, or am I perfectly in my rights to insist on a Part 4 tenancy?

    2) Even if I do sign the second fixed term contract, am I disadvantaging myself in doing so? Is the agent correct in saying that I wouldn't be tied to the full term of the contract as long as I give 4 weeks notice? Or might I find myself stuck with a 12 month term even if I need to move out?

    Any help with this would be greatly appreciated!


    PS. Would anyone have any document I could print off to show to the agent reaffirming my right to a Part 4 tenancy? When I mentioned the words "Part 4 tenancy" to her she replied with "A what?".


  • #103
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Few issues with this:

    1. As you'll have been a tenant for >12 months, the period of notice between 12 months and 2 years- the period of notice is actually 6 weeks (42 days) and not 4 weeks (28 days). It is illegal to specify a shorter period of notice in a lease than those periods as prescribed under the 2004 Residential Tenancies Act. You can mutually agree a shorter period of time when you're giving notice- but you can't do this at the start of the tenancy agreement.

    2. You already automatically have a Part 4 tenancy- in addition to your fixed term lease. A part 4 tenancy automatically comes into being, once you've been in the property for 6 months or longer, irrespective of the existence of your fixed term agreement.

    3. I think you don't understand fully the purpose of the Part 4 tenancy- its to provide additional security of tenure to you- not specifically to make it easier for you to vacate your lease- to make it harder for your landlord to evict you.

    4. Any fixed term contract you sign, is a civil contract between you and your landlord, and is in addition to any rights or obligations (but not detracting from either) prescribed by the primary legislation.

    What I'd suggest is get a new lease- and go over it in detail before signing it. Confirm that you can vacate the lease without cost by giving the prescribed period of notice (make sure you quote the 6 weeks from the act for this- not the inaccurate 4 weeks thats currently in the proposed lease).

    Providing you have a break clause in the lease- I don't see any downside to this- providing nothing odd or strange is elsewhere in the lease.


  • #104
    battries not included
    Registered Users Posts: 734 ✭✭✭battries not included


    Hi all,

    Okay here I go;

    I am currently renting a property in the midlands and receiving RA the last 7 months or so, I live with my partner & 2 children. We would like to move back to Dublin for family reasons and not sure of the procedure regards renting in Dublin with some of the new changes that came into affect recently.

    We are looking at moving into new property in September 1st 2011, the landlord where we are now are very nice and said we only need give them a few weeks notice. Okay so we have given the correct notice to current landlords, we have found a property in Dublin we like and that accepts rent allowance, now we are not sure what to do next?

    The landlord wants one months rent (1,000e) + (1,000e deposit) fair enough, I have saved up 1,000euro which I have now and am willing to hand over to hold the premises for us so we can move in when the CWO in the area sorts out are claim.

    What happens if we give landlord 1,00euro deposit, go to CWO with paperwork (rent form signed by new landlord) does the CWO stamp it and pay it striaght away from 1st september??

    I am sorry for my post being all over the place, I am dealing with a lot of issues at the moment and I really need advice/help :(


  • #105
    SMAP
    Registered Users Posts: 2 ✭SMAP


    Hi, Just found a new apartment in Dublin, we will be signing the lease next week.

    Its perfect but we do not have a freezer just a very small freezer box within the fridge, unsuitable for three country girls freezing mammys dinners from home! We asked could we get a freeezer and the landlord said other tenants never asked for one but they were willing to get us one provided we paid half the price. They said a big-ish freezer will cost in and around 200 euro although so we each pay about 30 euro each. The landlord will then keep the freezer when we move out which i think is about cheeky! I was just wondering is this normal, tenants and landlords splitting the price of something, surely its the landlords job to provide a proper freezer or are we screwed because technically we have a small freezer box in the fridge?

    Also there is no coffee table, no proper tv stand just a feeble, breakable looking desk, no bed side locker, just a wardrobe in one room (would like some drawers), and would like one more armchair as there is just room for 3 people to sit down comfortably although i know its not a necessity!

    On daft it says its fully furnished, does that mean the above list should be provided? I would appreciate opinions of what I am entitled to ask for before signing the lease, the landlord is lovely and she is giving us a good deal so I don't want to come across rude.

    Thanks!


  • #106
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    It doesn't say anywhere that the landlord is required to supply you with a separate freezer- yes, a freezer box in a fridge is damn small, but thats the norm.

    The landlord is offering to get you a new freezer with a 50% contribution from you- and to keep the freezer when you leave. Seems reasonable to me. If you want a separate freezer- and you want to bring it with you- buy it yourself. They start at about 140 and go all the way up- Powercity and DID will even deliver them for you (at a cost of about 20 Euro).

    Its not normal for a rented house or apartment to have a big separate freezer in this day and age- for better or for worse.

    Personally- I'd go with the landlord's offer- unless you have a particular wish to hump a freezer around with you in future?

    Ps- when you do get a new freezer- read the instructions about leaving it running for 24-48 hours before using it- this cycles the refrigerant in it etc.......


  • #107
    Darksaga87
    Registered Users, Registered Users 2 Posts: 2,990 ✭✭✭Darksaga87


    When I moved into my last house, we only had a tiny little fridge with a small freezer in the top part, but the landlord said it herself that this was too small, so they paid for it.
    It just depends on the landlord, if they are sound they will help you out.

    If i was offered the same deal as you, id buy it myself and then sell it when i moved out, or offer to sell it to the landlord.


  • #108
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I'd actually suggest putting up an add on Dublin Freecycle- its entirely possible that you might get one for nothing (however you'd have to organise to collect it). I got rid of a freezer and other kitchen appliances there earlier this year- they do pop up not infrequently.


  • #109
    experiMental
    Registered Users, Registered Users 2 Posts: 1,137 ✭✭✭experiMental


    I will be working between Newbridge and Dublin between September and February. The job is going to be a temporary contract. I will need to move out of Dundalk because commuting to that work will be unrealistic. Would it be possible to sign a 4 or 5 month lease?


  • #110
    Polar101
    Registered Users, Registered Users 2 Posts: 3,895 ✭✭✭Polar101


    My lease will be up in a few months, so I'll be moving out. I see a lot of ads on daft.ie say "references essential" - I can get work references, but I don't have any references from previous landlords (nor current). Are references from previous landlords really needed?


  • #111
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    Essentially they want to know that you will pay your rent and won't trash the place. The don't absolutely need a landlord reference, but they do want reassurance - you need to convince them.

    It would be most important to have a reference from the most recent landlord - they don't really want to know about 10 years ago.


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  • #112
    Flyin Irishman
    Registered Users, Registered Users 2 Posts: 480 ✭✭Flyin Irishman


    I had a look through the forum but couldnt find anything that put my mind at ease! Didnt think it deserved its own thread, so I'll ask here.

    Im looking at renting for the first time and cant figure out how much rent I can actually afford. Ideally I'd like to be able to rent alone. Maybe some of you could give me your opinions to help me get a ball-park figure in my head.

    My monthly income (after tax) is €1,600. Ive been trying to think of what bills I will have to cover and so on, but could do with some opinions. Some of the things Im unsure about is how much I can expect to pay on esb and gas bills (I dont use much heating)?

    Other bills Ive been thinking of are: bins, tv/internet, food, and some saving money. Is there anything Im forgetting?

    So, what kinda rent would be affordable for me? :D


  • #113
    Victor
    Registered Users, Registered Users 2 Posts: 78,490 ✭✭✭✭Victor


    Flyin Irishman wrote: »
    So, what kinda rent would be affordable for me? :D
    Look at these polls to see what people are spending. Most people seem to be spending 20-29% of their after tax income on rent, but the actual amount varies a lot. This wouls suggest a figure of €320-480 for you. Obviously pay at the lower end if it means you have to commute and if it is a lower quality premises / location and at the higher end if it means no commuting, a nice place with lots of facilities, as your transport and other costs will be vary.

    http://www.boards.ie/vbulletin/showthread.php?t=2056399233


  • #114
    Flyin Irishman
    Registered Users, Registered Users 2 Posts: 480 ✭✭Flyin Irishman


    Victor wrote: »
    Look at these polls to see what people are spending. Most people seem to be spending 20-29% of their after tax income on rent, but the actual amount varies a lot. This wouls suggest a figure of €320-480 for you. Obviously pay at the lower end if it means you have to commute and if it is a lower quality premises / location and at the higher end if it means no commuting, a nice place with lots of facilities, as your transport and other costs will be vary.

    http://www.boards.ie/vbulletin/showthread.php?t=2056399233

    Thanks for that! I had seen those polls - and theyre a big help, but what was throwing me off was trying to judge it when the incomes can vary so much. I think if I do find a place I might try to convince them to do a short-term lease so I can see if I can afford it & if I like the place...


  • #115
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Flyin Irishman wrote: »
    Thanks for that! I had seen those polls - and theyre a big help, but what was throwing me off was trying to judge it when the incomes can vary so much. I think if I do find a place I might try to convince them to do a short-term lease so I can see if I can afford it & if I like the place...

    In general you pay 15-20% more for a short term lease (6 months or less) than you do for a longer term lease- plus your bargaining position with the prospective landlord is significantly reduced.


  • #116
    MarcusFenix
    Registered Users Posts: 720 ✭✭✭MarcusFenix


    seamus wrote: »
    Right, this is what I've come up with:
    http://members.boards.ie/seamus/checklist.rtf
    (Best viewed in MS Word unfortunately, otherwise you'll have to reduce your margins a bit)

    Anything missing from there?

    I know myself from bike/car hunting that you can sometimes forget to ask the right question/look at the right things, or if you look at a few things in one day, you'll forget which one has which feature...

    :)
    Broken list broken :(


  • #117
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    shonty wrote: »
    anyone give me any advice on signing a one year lease fro an apartment..as far as i know there is no clause in the contract..any advice would be great..thanks

    It is not unusual for there not to be a break clause (I'm assuming that is what you mean?)- If you are not happy about that, ask the landlord for one.

    You could also ask for a Part 4 lease or a Periodic lease which from a tenant's point of view are much easier to get out of, but are not as secure as a Fixed Term lease. However, landlords seldom use these types as a first lease. Another way might be to ask for a shorter lease, say six months.


  • #118
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    experiMental wrote: »
    I will be working between Newbridge and Dublin between September and February. The job is going to be a temporary contract. I will need to move out of Dundalk because commuting to that work will be unrealistic. Would it be possible to sign a 4 or 5 month lease?

    No harm in asking. You could also as for a Part 4 lease or a Periodic lease which are much easier to get out of but are also less secure than a Fixed Term lease for a tenant


  • #119
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    smccarrick wrote: »
    It doesn't say anywhere that the landlord is required to supply you with a separate freezer- yes, a freezer box in a fridge is damn small, but thats the norm.

    The landlord is offering to get you a new freezer with a 50% contribution from you- and to keep the freezer when you leave. Seems reasonable to me. If you want a separate freezer- and you want to bring it with you- buy it yourself. They start at about 140 and go all the way up- Powercity and DID will even deliver them for you (at a cost of about 20 Euro).

    Its not normal for a rented house or apartment to have a big separate freezer in this day and age- for better or for worse.

    Personally- I'd go with the landlord's offer- unless you have a particular wish to hump a freezer around with you in future?

    Ps- when you do get a new freezer- read the instructions about leaving it running for 24-48 hours before using it- this cycles the refrigerant in it etc.......

    HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008
    and the Housing (Standards for Rented Houses)(Amendment) Regulations 2009 State:
    8. Food Preparation and Storage and Laundry
    8. (1) Notwithstanding Article 4, this Article shall not apply where the house is let or available
    for letting by a housing authority under Section 56 of the Housing Act 1966 (as amended) or by a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 .
    (2) Subject to sub-article (1), there shall be provided, within the habitable area of the house, for the exclusive use of the house:
    (a) 4 ring hob with oven and grill,
    (b) Suitable facilities for the effective and safe removal of fumes to the external air by means of a cooker hood or extractor fan,
    (c) Fridge and freezer or fridge-freezer,

    IMHO, I would not consider that an ice-box in a fridge satisfies the condition above.


  • #120
    JenniG
    Closed Accounts Posts: 16 ✭JenniG


    Hi, I'm just having a play around on some of these threads. smcarrick suggested that I might drop on in this thread, definitely 4 good reason.

    Three Americans (Mr, myself & Baby) r going to Ireland. (God help u all) Mr will b doing an internship, me well we have a 2 week old so I will be busy with her.

    We would prefer not to live in the centre of city, but in nearby suburbs, (like we do now). We will b originally renting a car, then will purchase one so Mr can go where needed at the crazy hours when needed during internship (the roll will be becoming f/time perm after).

    I'm used walking & public. We're looking for a place that is realitively central with facilities. Schools, crèche, doctors offices, supermarkets, drug stores, dentists, pubs, near public transport (for me mostly)etc

    Having said that, didn't want Mr to have to drive more 45 minutes if poss. We like long drives, but not everday. 15- 30 minute drive would b ideal. Around, Dundrum, Churchtown, Leopardstown areas seem to b nice & fit the bill. But using google maps here & well we don't live there yet.

    We are moving in August. So we don't know how to find a place available around that time. Paying 6-7 months rent for a place until we actually move is not another expense we wish to add to.

    So when too look? Seriously look? We have been looking now just to get an idea of the market & hopefully an idea of what these areas r like. Eg facilities etc. Maybe u can help us in our endeavors... :)


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  • #121
    marcinw
    Closed Accounts Posts: 1 ✭marcinw


    Hint:

    if you're looking to figure out what sort of rent is right for a given neighborhood, you can try the fairrent.ie application. Nice thing to have when negotiating with a landlord (or a tenant, if you are an underpaid landlord).

    Enjoy!


  • #122
    helanlouise
    Closed Accounts Posts: 5 ✭helanlouise


    Just want to say your post is astounding. The clarity in your post is simply spectacular and i can assume you are an expert on this field. Well with your permission allow me to grab your rss feed to keep up to date with incoming post. Thanks a million and please keep up the fabulous work.


  • #123
    blueray
    Registered Users Posts: 4 ✭blueray


    dammitjanet wrote: »
    I'm trying to sort out my rent relief and medical card, and asked my landlord for my rent book like all the websites suggest but she told me rent books aren't used anymore and my standing order in the bank is proof enough? She said she could contact the letting agents and get me a letter proving i'm a tennant if it helps.
    Is this right? I just don't want to screw up these applications.
    Hi, i'm having the same problem but my landlord won't give me a letter.He's paid in cash .which is put through his letter box.Has'nt replied to my letters or txt .What can i do ? Please Help!


  • #124
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    blueray wrote: »
    Hi, i'm having the same problem but my landlord won't give me a letter.He's paid in cash .which is put through his letter box.Has'nt replied to my letters or txt .What can i do ? Please Help!
    Have you signed a lease, if yes, what type of lease?


  • #125
    helanlouise
    Closed Accounts Posts: 5 ✭helanlouise


    Great information there, I have always wondered the right way to go about this, thanks for showing me!
    Some of them points are really straight forward but all too often you will over look them


  • #126
    helanlouise
    Closed Accounts Posts: 5 ✭helanlouise


    Everything is very open and very clear explanation of issues. was truly information. Your post is very useful. Thanks for sharing.


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  • #127
    kierank01
    Registered Users, Registered Users 2 Posts: 720 ✭✭✭kierank01


    Hi,

    So my landlord changed bank account in April, and asked me to fill out another DD form.
    I said fine (joked a bit with him about nama, he said no, no nothing like that...)

    It seems that my rent was taken twice in April. Got onto the LL, and he said ok, I'm paid up until June. I said fine...

    It seems that my rent was taken again in May. I would have expected that He would have stopped taking the rent in May, so that it would have got back to normal.

    I called the LL on Friday, left a vmail, but he has not got back to me yet.

    Just wondering what my rights are here, what would be the correct resolution be here?
    If the LL just says that I am going to be paid 2 months in advance, then he has just taken a months rent, that I will never really see until I leave. ( I'm happy where I am, so that would be a 'long' time).

    Should I go to Threshold or PRTB?


  • #128
    skregs
    Registered Users Posts: 746 ✭✭✭skregs


    Involved in a bit of dispute with the landlord at the moment. Our property management company is sending us bills for 300e for the year. We forwarded them on to the landlord but he's insisting that it's our responsibility to pay for them as he doesn't live in the house.

    There's nothing in the lease about it, and I can't find any info online about paying property management companies in rented accommodation.

    Does anyone know what the situation here is? Do we owe the money or does the landlord owe it?


  • #129
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    skregs wrote: »
    Involved in a bit of dispute with the landlord at the moment. Our property management company is sending us bills for 300e for the year. We forwarded them on to the landlord but he's insisting that it's our responsibility to pay for them as he doesn't live in the house.

    There's nothing in the lease about it, and I can't find any info online about paying property management companies in rented accommodation.

    Does anyone know what the situation here is? Do we owe the money or does the landlord owe it?

    The landlord owes it- and it is a tax deductable expense for him, when determining his tax due on the rental income.

    I'm not familiar with tenants paying it- unless of course it is specifically mentioned in your lease, in which case, its part of the rent due. In your case, it isn't- and payment of it, is not your duty.


  • #130
    Screaminmidget
    Registered Users, Registered Users 2 Posts: 2,059 ✭✭✭Screaminmidget


    Any help here would be appreciated.

    Had agreed to move into house this month (sept) back in june, paid deposit and everything was grand. In August I got offered a cheaper house, so told the landlord of first house that I was sorry but I was going with the new house, and could I have my deposit back. Was ringing/texting him for 2 weeks trying to get him to respond to me, then he turns around and says that the deposit is non-refundable. I never signed a contract or anything like that..

    Am I entitled to my deposit back?


  • #131
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    A contract doesn't necessarily have to be in writing (though it should be). If the landlord took the house off the market and was holding it for you, for a September occupancy- you've had the property taken off the market at the peak of the renting season, and while I'd have issues with the deposit being purloined, I definitely do think that any period of vacancy alongside any costs associated with re-advertising the property, would be reasonable.


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  • #132
    jaffa20
    Registered Users, Registered Users 2 Posts: 4,550 ✭✭✭jaffa20


    Just a quick question on notice i need to give my landlord. We have been nearly renting for 4 years and paid a 900eur deposit. We only got a fixed term contract for the first year and just have been paying the rent as normal since then. I thought we would only have to give 30 days notice but it looks like i have to give more by reading online...?

    Can someone please clarify why i need to give more notice based on how long i have stayed here. I just assumed the original contract rolled over so we would only need to give the required notice as in the contract...?

    Thanks in advance


  • #133
    Fotish
    Registered Users Posts: 239 ✭✭Fotish


    Has anybody got an item called " BOOKOUT INVENTORY " deducted from their deposit when it is being returned.
    Anyone know what it is ?


  • #134
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    jaffa20 wrote: »
    Just a quick question on notice i need to give my landlord. We have been nearly renting for 4 years and paid a 900eur deposit. We only got a fixed term contract for the first year and just have been paying the rent as normal since then. I thought we would only have to give 30 days notice but it looks like i have to give more by reading online...?

    Can someone please clarify why i need to give more notice based on how long i have stayed here. I just assumed the original contract rolled over so we would only need to give the required notice as in the contract...?

    Thanks in advance
    At the end of your fixed term lease, as you did not sign any new lease, the lease became a Part 4 tenancy which allows you to stay in the property for up to 4 years without signing a new lease. However, unlike a Fixed term lease which ends on its expiry date and requires no notice of leaving (though it is polite to do so and so that a final inspection can be organised), a Part 4 tenancy requires notice to be given because a Part 4 runs until either the landlord or tenant decides to terminate it. The law states that the following notice periods apply when a tenant terminates the lease (and must be in writing to be valid) and depends of length of the period of occupancy:
    less than 6 months - 28 days;
    more than 6 months but less than 1 year - 35 days;
    more than 1 year but less than 2 years - 42 days;
    2 or more years - 56 days.

    At the end of 4 years, a "Further Part 4" tenancy commences.

    Notice periods may be agreed at the time, but cannot be written into any lease contracts - thus, after a number of years in occupancy, landlord and tenant can agree to a shorter notice period if it is convenient to both parties.


  • #135
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Fotish wrote: »
    Has anybody got an item called " BOOKOUT INVENTORY " deducted from their deposit when it is being returned.
    Anyone know what it is ?
    A bookout inventory is similar to an entry inventory but made at the end of a tenancy. The difference between the entry and bookout inventory could establish any wear and tear as well as any damages in excess of normal wear and tear.

    It is not usual for this to be charged to a tenant but should be the landlord's cost unless there is a clause in the lease stating that it is the tenant's cost.


  • #136
    ordinary_girl
    Registered Users, Registered Users 2 Posts: 850 ✭✭✭ordinary_girl


    Victor wrote: »
    Essentially they want to know that you will pay your rent and won't trash the place. The don't absolutely need a landlord reference, but they do want reassurance - you need to convince them.

    It would be most important to have a reference from the most recent landlord - they don't really want to know about 10 years ago.

    What if you've never lived in a privately owned landlord house? Hoping to move into a house share in the UK in the next few months and some of the places require references and I'm not sure where I should get them from. Work? The council?


  • #137
    Piliger
    Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    I Hope this is the appropriate place for this Q.

    I just started to date a lady from abroad who is renting in Finglas. She has a one year lease. However they did not register it with the PRTB. The Agency have been quite bullying of her, refusing to let her use her parking space and trying to get her to pay for toilet overflows that were not caused by her. The strange thing is on the lease the Landlord is listed as the Agency ... :rolleyes:

    Do they HAVE to register with the PRTB ? if they don't what does that mean for her ? She is afraid that if she makes trouble they will now allow her to renew her lease in January.


  • #138
    Piliger
    Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    Does no one visit here any more ?


  • #139
    Rasmus
    Registered Users, Registered Users 2 Posts: 2,075 ✭✭✭Rasmus


    Piliger wrote: »
    I Hope this is the appropriate place for this Q.

    I just started to date a lady from abroad who is renting in Finglas. She has a one year lease. However they did not register it with the PRTB. The Agency have been quite bullying of her, refusing to let her use her parking space and trying to get her to pay for toilet overflows that were not caused by her. The strange thing is on the lease the Landlord is listed as the Agency ... :rolleyes:

    Do they HAVE to register with the PRTB ? if they don't what does that mean for her ? She is afraid that if she makes trouble they will now allow her to renew her lease in January.

    Yes they have to register. She is not responsible for repairs. Landlord's contact should be on the lease, not the agent's. Sounds like she would be better off not renewing if these problems have been going on.


  • #140
    Piliger
    Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    Rasmus wrote: »
    Yes they have to register. She is not responsible for repairs. Landlord's contact should be on the lease, not the agent's. Sounds like she would be better off not renewing if these problems have been going on.

    Thanks Rasmus. Of course like many people on low income and in cheap accommodation, they are caught between being afraid to leave for fear of not finding another place, and being screwed where they are.

    Is there are penalty or negative fallout for this landlord for NOT registering ?


  • #141
    Rasmus
    Registered Users, Registered Users 2 Posts: 2,075 ✭✭✭Rasmus


    Piliger wrote: »
    Thanks Rasmus. Of course like many people on low income and in cheap accommodation, they are caught between being afraid to leave for fear of not finding another place, and being screwed where they are.

    Is there are penalty or negative fallout for this landlord for NOT registering ?

    The landlord could get fined - however this is nothing to do with the tenant. The tenant can still file a claim against the landlord whether they are registered or not.
    Being in cheap accomodation or having a low income is no reason to accept bad treatment though. Check the threshold or PRTB sites for more details on tenants rights.


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  • #142
    Piliger
    Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    Rasmus wrote: »
    The landlord could get fined - however this is nothing to do with the tenant. The tenant can still file a claim against the landlord whether they are registered or not.
    Being in cheap accomodation or having a low income is no reason to accept bad treatment though. Check the threshold or PRTB sites for more details on tenants rights.

    Unfortunately her vulnerability is preventing her from standing up. I spoke to her at length this weekend. There is no other accommodation anywhere near her work at the price she pays ... and she is therefore afraid to act.
    Even good laws have limitations in how they can protect the vulnerable - I guess.


  • #143
    N1cola
    Registered Users Posts: 6 ✭N1cola


    Hi, again like other people I dont know if I'm posting this in the right place but here it goes.

    I started renting my own place at the start of September. I was in full time work and had no problem paying rent and also had savings build up as my work place closes for 3 months due to winter. However nearly all of my savings are gone due to personal reasons and I want to move into a smaller, more affordable place. I signed a lease for a year (keeping in mind that I'm only 3 months into it now) but I never received a copy of it from the landlady, even though I have asked her numerous times for it!

    So I guess my question is, is the lease void because I don't have proof from the landlady that I'm actually living in my apartment?


  • #144
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    I'm sorry if this counts as a "bump". Just a query to see what others think of this. I asked my landlord a number of weeks back for RSI number so that I could claim rent relief (also backdated). Took about 3 weeks, which I thought was strange and eventually she called me today and said that she couldnt give me that information (I think she said she wasn't in a position to give it to me) in other words, she's not declaring rental income. When I asked her how I could I could claim my rent relief (and the 300 that I an due from last year) she said "well you could move out if you want, I will give you back deposit as a gesture of good will". She also said that this was "one of the reasons the rent was so low" - sure the rent is what was agreed and there was no clause saying "take this cheap property but you wont be able to claim relief on it".

    Any advice? I could report her and get what I am due, but she will likely hold the deposit. If I report her after, it would be too late.


  • #145
    green fruit apple
    Registered Users Posts: 4 ✭green fruit apple


    I see that there are no answers for the previous questions, but here it goes: I have an idea what part 4 tenancy is and I would like to play this card in my current accommodation. It is no special place just I see no reason why I should have a the stress every year of whether the landlord re-news lease or not.

    Q: did anybody ever experienced hostility after handing in the part 4 notification (this is how it is called, yes?). My situation is that the landlord is not leaving in the property and renting out through an agency.

    thanks,

    Apple


  • #146
    green fruit apple
    Registered Users Posts: 4 ✭green fruit apple


    nobody visiting this thread anymore?


  • #147
    Dr.Winston O'Boogie
    Registered Users Posts: 1,820 ✭✭✭Dr.Winston O'Boogie


    Hello all,

    I am just wondering what the situation is when renting regarding house insurance? It prob differs from landlord to landlord, but if the house was burgled would my personal stuff not be covered? I presume our landlord has house insurance but that may not cover the contents? So therefore I would need to get contents insurance?

    What would peoples experience be with this? If any..


  • #148
    Rasmus
    Registered Users, Registered Users 2 Posts: 2,075 ✭✭✭Rasmus


    niallo24 wrote: »
    Hello all,

    I am just wondering what the situation is when renting regarding house insurance? It prob differs from landlord to landlord, but if the house was burgled would my personal stuff not be covered? I presume our landlord has house insurance but that may not cover the contents? So therefore I would need to get contents insurance?

    What would peoples experience be with this? If any..

    http://www.boards.ie/vbulletin/showthread.php?t=2056888779


  • #149
    MissMotivated
    Registered Users Posts: 856 ✭✭✭MissMotivated


    Hi
    I moved in with a friend April 25th we signed a 12 month lease, things have not worked out with her and I want to move out, I contacted the letting agent who said it's up to me to find someone to take over the lease from me and I am liable for the rent until I do if I move out. When I find someone I will get my deposit back. This is not stated anywhere in the lease, the only thing it says about breaking the lease is this:
    1. This letting is for a period of 12 months and in the event of the tenant breaking the Lease for whatever reason, it is understood that the Landlord may forfeit the security deposit paid to reimburse any expenses incurred.


    I rang Threshold and they said she the letting agent is right because that section in the lease is not actually a breakout clause.

    If this is the situation then fair enough I know I have no choice but to stay until I find someone but I would have thought that this would have to be documented somewhere in the lease to be made clear ?
    Has anyone been in this situation before?


  • #150
    quietsailor
    Registered Users, Registered Users 2 Posts: 1,428 ✭✭✭quietsailor


    MissMotivated wrote: »
    Hi
    I moved in with a friend April 25th we signed a 12 month lease, things have not worked out with her and I want to move out, I contacted the letting agent who said it's up to me to find someone to take over the lease from me and I am liable for the rent until I do if I move out. When I find someone I will get my deposit back. This is not stated anywhere in the lease, the only thing it says about breaking the lease is this:
    1. This letting is for a period of 12 months and in the event of the tenant breaking the Lease for whatever reason, it is understood that the Landlord may forfeit the security deposit paid to reimburse any expenses incurred.


    I rang Threshold and they said she the letting agent is right because that section in the lease is not actually a breakout clause.

    If this is the situation then fair enough I know I have no choice but to stay until I find someone but I would have thought that this would have to be documented somewhere in the lease to be made clear ?
    Has anyone been in this situation before?

    Lots of people have been in this situation before, search this forum using the terms "deposit" or deposit return" and you will get lots of previous threads about this issue. Even the tenants posting on here say that if you leave a fixed term lease early you will lose your deposit unless you can get someone to replace you, even then you are liable for any costs the LL incurs from your moving out and any loss in rental income the LL incurs.


    Legally the landlord can pursue for the outstanding rent until the full 12 months rent is paid as you are on a fixed term contract. In practice it does't happen 99% of the time when a tenant moves out early but be aware that it can. If your landlord is fully compliant with the rules and regs they might decide to take a case against you with the PRTB as they have nothing to lose


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  • #151
    Adrift
    Registered Users Posts: 226 ✭✭Adrift


    Quick question here, do rental properties get the listing price these days or is there any wiggle room?


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