Landlord prob

HashSlinging

Hi,

I've been renting a gaff for two years now, I signed a one year lease and then went on a month to month gentleman’s agreement, after 12 months the landlord wants me to sign another 12 month lease with a small increase, I dont really want to sign another 12 months and im happy to leave it the way it is, I've some plans to buy a property soon but im not 100% buying in the current market, do I technically have to sign a new lease if the landlord demands so, and if I dont sign it am i looking at a possible eviction, even though I will still pay the rent.

Ph3n0m

I would presume so - with no lease you have legal protection. Plus without the coverage a lease gives (dictating renewal and notification of leaving, etc), you really dont have a leg to stand on

Calina

Strictly speaking, according to the most recent legislation you have the right to remain in rented accommodation for 4 years once you have been in it for six months. That legislation brings with it certain rights and obligations, covering items such as notice to quit, for example. As you've been in the property for more than 6 months, you're covered by that at least.

You should a) get out a copy of your original lease. I'm absolutely certain that in mine there is a clause regarding tacit renewal of the lease on a month by month basis should the tenancy exceed the initial period stated on the lease. It might be worth looking at that. You should also b) give Threshold a call regarding this for advice. They are generally very helpful.

This idea of "you've no lease so you've no rights" is worryingly common, particularly amongst landlords. It is an incorrect assumption on their part. Not only do you have rights - they have responsibilities. Landlords in Ireland are commonly unaware of their responsibilities too. It's amazing.

HashSlinging

Thanks for that, we got notice to quit yesterday the day the rent went out, do I have any come back, the letter says the owner wants to occupy the building in one month. I checked out oasis and it says I am entitled to two months, as I was there for over two years. :mad:

Afuera

HashSlinging wrote:

Thanks for that, we got notice to quit yesterday the day the rent went out, do I have any come back, the letter says the owner wants to occupy the building in one month. I checked out oasis and it says I am entitled to two months, as I was there for over two years. :mad:

Yes, you have a comeback, he's giving you invalid notice. You should contact the PRTB about this immediately.

It also seems very suspect that there was a sudden desire by the landlord to move into the property when you would not sign. This is one of the clauses under which the Tenancy Act can be broken, but they'd want to be very careful that this claim is actually true. He'd be open to some serious penalties if you called around a month after you moved out to find new tenants in your place or even if it was left vacant after you left.

Have you contacted the landlord directly to inform them that they are giving you invalid notice?

Edit: It might also be worth contacting Threshold and discussing this with them.

Calina

Technically he has to give you 56 days (not two months - there could be almost a week out in the difference depending on the months concerned).

You can do a couple of things such as

1) contact Threshold and ask them for advise; or

2) contact the PRTB and request dispute resolution. I think, even if the tenancy is not registered, it is possible for the tenant to do this. See here PRTB/Disputes. It costs 25E to refer something to them. If the tenancy is not registered, you might find mentioning an intention to refer the matter to them might clarify matters sufficiently.

3) contact the landlord in writing pointing out that you are entitled to 56 days notice and not the month's notice as given. It might be worth seeing if Threshold will do this for you.

Rents are slightly on the upwards direction in Dublin at the moment. I'd look into getting those extra days to house hunt if you are in Dublin because you might well need them.

HashSlinging

Was just onto threshold and they said that it is 56 days, and that the LL cannot backdate it, so in order to give me some more time I am going to wait for two weeks before I make contact with the LL. In all I should have about 2.5 months left.

Also the heating has been on the blink for a month now and I've been trying to get the LL to fix it, but I never hear back, would it be best that I fix this and then deduct it from rent. Also I think I will cancel the DD payment next month also, as I dont know how much its going to cost to get the heating fixed. I dont know if I am within my rights to do this.

Afuera

HashSlinging wrote:

Also the heating has been on the blink for a month now and I've been trying to get the LL to fix it, but I never hear back, would it be best that I fix this and then deduct it from rent. Also I think I will cancel the DD payment next month also, as I dont know how much its going to cost to get the heating fixed. I dont know if I am within my rights to do this.

I wouldn't advise you to fix this yourself. If it wasn't fixed correctly you could be liable. This falls under the responsibility of the landlord so it should also be taken up with the PTRB if he does nothing about it.

You are not within your rights to cancel the payment of rental without consulting the landlord first. You could tell him (in writing would be best) that you are planning to take this course of action, since he has failed to ensure that the minimum physical standards are being met. He can respond back to you on what he thinks of this.

CORRECTION: The local authority is actually responsible for enforcing that the minimum standards are met so they should be contacted before the PTRB. The landlord could be charged EUR 1270 for not complying with the law.
http://www.environ.ie/DOEI/DOEIHome.nsf/wvNavView/LocalAuthorities