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Rent increase after request for new furniture & repainting

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  • 06-09-2008 1:23pm
    #1
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 20,650 CMod ✭✭✭✭


    If you moved into a two year old apartment and after two years of living there asked the landlord for it to be repainted, new couch, new armchairs, some more storage (shelves etc), a shed for the (small garden) and a new washing maching (old one was tempermental) is it legal for him to say ok he would buy these all new but would have to raise the rent?


Comments

  • Closed Accounts Posts: 3,489 ✭✭✭iMax


    Don't see why not, that's a lot of expense. Why should you not pay anything extra for improved facilities.

    I paint my house I have to pay for it. Why not offer to paint it yourself (buying the paint too) & see what he says.


  • Registered Users Posts: 2,808 ✭✭✭Ste.phen


    If you could get the landlord's blessing to do the work yourself, but leave the rent the same, it would likely work out better than paying more every month after the landlord has a once-off cost for improving the place.
    That said, he can write off the money he spends against his tax on the rental income, so it's a tricky one!


  • Closed Accounts Posts: 686 ✭✭✭bangersandmash


    iMax wrote: »
    Don't see why not, that's a lot of expense. Why should you not pay anything extra for improved facilities.
    It's not too much to expect a working washing machine and adequate storage facilities in a rented house. It's generally accepted that rental properties will need be refurbished to a certain degree every 3-4 years. Shelves + a washing machine + a shed is not exactly a substantial renovation. Put in the context of falling rents, it seems that asking the OP for a rent increase is a pretty cheeky by the landlord.
    iMax wrote: »
    I paint my house I have to pay for it. Why not offer to paint it yourself (buying the paint too) & see what he says.
    Have you rented before? If you own a house, you have to maintain it. If you rent a house, it's almost always the case that your landlord maintains it. Not having the cost of maintenance is one of the main benefits of renting over buying. As for allowing a tenant to make changes to a property, in my experience this can be a bad idea. Most sensible landlords would rather control that side of things themselves, rather than let their tenants make arbitrary changes to their property.

    For clearer advice, see the government's own guidelines about a landlord's obligations and [URL="http://www.citizensinformation.ie/categories/housing/renting-a-home/rent_increases]their ability to increase rents[/URL]:
    Obligations of a landlord
    You must
    * make sure that the property meets certain minimum standards.
    * repair and maintain the interior of the property to the standard it was in at the start of the tenancy.
    * repair and maintain the structure of the property.
    * reimburse tenants for any repairs they carry out which are your responsibility.
    Under Section 19 of the Residential Tenancies Act 2004 (pdf) landlords cannot charge more than the open market rate for the apartment or house... Your landlord cannot review the rent more than once a year unless the accommodation has changed substantially.


  • Moderators, Entertainment Moderators Posts: 12,909 Mod ✭✭✭✭iguana


    I'd suggest looking around at different properties in your area and price range. If you see something in better condition for the price you are currently paying bring it to the attention of your landlord and point out that he will be asking for more than market rate. In the majority of the country there is currently a rental oversupply, you may even find somewhere better to move to.


  • Registered Users Posts: 37,295 ✭✭✭✭the_syco


    What was it like when you first moved in? Good? And over time it has gotten bad?

    Well, there's two ways to get it better. Both ways cost you money. One, buy the stuff yourself, do all the hard work, the naggling for the price of the chairs, and like the new stuff, new look, or two, let the LL do all work, and end up with something that isn't as nice, not what you planned, but end up paying for?


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  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    I think it's pretty cheeky to ask a landlord to practically refurbish the place tbh.


  • Registered Users Posts: 1,676 ✭✭✭allybhoy


    I think it's pretty cheeky to ask a landlord to practically refurbish the place tbh.

    Well to ask for it to be painted and for a working washing machine is not really cheeky in fairness. Im a landlord and if was asked to do either of these Id feel I would be legally obliged although im not sure, but I dont think its too much to ask in fairness.

    OTOH asking for a shed and shelves is a bit much. Its not the landlord's fault you've more stuff now than when you've moved in so Id say you would be lucky to get that.

    How bad is the couch and armchairs? Like if you just dont like the colour or whatever then id say tough luck, but if theyre badly stained and in a state of disrepair and have been like that since you moved in then you may have a case. But if they were new when you moved in and have since deteriorated whilst you have been living there then the LL may say tough luck.

    If you are a decent tennant and always pay the rent on time and dont cause hassle with parties etc then he should compromise on the things that NEED fixing and those that dont. Because if things are that bad he will have to do it up anyway and then try and get another tennant in which might take him a couple of months.


  • Registered Users Posts: 245 ✭✭otwb


    If you were in your own house would you expect a new sofa every four years? Probably not. Am not sure on this, but I think that furniture can be depreciated over a five year period on rental tax returns? (am open to correction here). If the taxman says you should get five years out of a sofa then who am I to disagree.

    On a personal note, am in a five year old apartment which has been painted once (colour change) since I moved in. I have no intention of painting/getting new furniture anytime in the near future - that would be normal wear and tear...

    Tad cheeky to ask for new furniture and a garden shed. No problems with asking for a working washing machine though (or a repair?)


  • Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 20,650 CMod ✭✭✭✭amdublin


    Thanks for replies. Just to give you some more background. When I moved in it was two years old (and never painted) and I am there for 2 yrs so it was a bit scruffy. It has now been painted so that is fine. (Although painted by himself and his girlfriend, after saying he would get a painter, is this ok???)

    The shed has been ordered so that is fine. He is getting a washing machine, so that is fine - I asked for a washer/dryer - is that unreasonable?? (Bearing in mind there is a garden).

    There was a cream two seater couch there which after two years of my kids was a bit dirty but it was actually way way too small so I asked for a bigger bed settee and two armchairs. There is a green bed settee and two old green armchairs in now. I don't like the colour of the settee and armchairs. Also the armchairs are very very old. The couch is also very uncomfortable - I can feel the wood underneath. (He says this is due to it being a bed settee).

    Please can you give me your thoughts on above. Is it unreasonable to ask for new (as in bought new) armchairs and couch???? (I am just thinking he might increase the rent?) The armchairs are clean but very very old and faded.


  • Moderators, Entertainment Moderators Posts: 17,988 Mod ✭✭✭✭ixoy


    amdublin wrote: »
    There is a green bed settee and two old green armchairs in now. I don't like the colour of the settee and armchairs. Also the armchairs are very very old. The couch is also very uncomfortable - I can feel the wood underneath. (He says this is due to it being a bed settee).[
    I certainly wouldn't tell them you don't like the colour - that's a ridiculous reason to ask for a change. Even it being uncomfortable - is it because it's broken or just because it's poor quality? It sounds like it's been adequately maintained so I'm not sure you'd be justified in asking this.


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  • Registered Users Posts: 16,459 ✭✭✭✭astrofool


    A bed setee is usually a compromise, not being either a bed or setee 100%, you asked for it, it would be cheeky to now want it replaced.

    As you say, they are fully functional and clean.

    Him painting the place is neither here nor there, so what if a painter didn't do it?

    It looks like you have one genuine grievance (the washing machine), with lots of other things that are nice to have. If you didn't want him to furnish it, then you should have specified that from the start.

    Options:
    a) Get what you want, but take the hit rent wise
    b) Get your own stuff, and ask him to put whats there in storage
    c) Move out and get a place that meets your spec

    And yes, he did what you asked, asking for new armchairs and couch is unreasonable at this stage.


  • Moderators, Society & Culture Moderators Posts: 32,278 Mod ✭✭✭✭The_Conductor


    I´d have to agree- you did have one major grievance (the tempermental washing machine). Its up to the landlord to replace it as he/she sees fit- they are not obligated to get you a washer/drier (and given than in most cases it might necessitate an air output pipe if its properly installed, it would be more than a tad unusual for him to agree to it).

    Regarding the garden shed and shelves- the landlord has no obligation whatsoever to supply these. Its highly unusual for him to agree to do this- you´re incredibly lucky that he did.

    Re- painting. Its irrelevant whether he and his girlfriend painted it or not. Its been painted. Perhaps it might have been nice to get a proper professional painter in- and indeed perhaps that was what he originally intended. Professional painters are expensive though (and might very well have insisted on having sole access to the place for a few days to themselves- having kids running around a house halfpainted is not conducive to getting the job done)

    Re: Furniture- perhaps a little more furniture might be a good idea. The colour of the furniture is not a sufficient reason to change it though. It is functional at present, perhaps not to your taste, but its not the landlord´s duty to ensure it is to your taste. 2 years worth of children wrecking the furniture could be construed as being beyond what would be considered normal wear and tear (in which case the landlord may decide to use your deposit to replace the furniture on termination of the lease).

    If the accommodation has changed substantially, the landlord would have a genuine and legitimate reason to consider increasing the rent. The replacement of a tempermental (but functioning) washing machine, repainting of the house at your request, installation of additional shelving, a garden shed and replacement furniture- could very well be considered a substantial change to the accommodation (you might end up having to argue whether it was substantial or not to the PRTB, but its hardly worth arguing over).

    Can you get similar property locally with the garden shed, new appliances, furniture to your liking, fresh paint (2 years of kids in a house, even with excellent parenting will have a lot of scuffing/grubbiness of the paint work) etc? For a similar price? If not- you know what your answer is.

    By the way- a landlord can legally revise the rent once a year- unless they carry out remedial works (such as above) in which case they can revisit the rent on conclusion of whatever the works are that they are carrying out.

    S.


  • Closed Accounts Posts: 439 ✭✭Emerald Lass


    smccarrick wrote: »
    I´d have to agree- you did have one major grievance (the tempermental washing machine). Its up to the landlord to replace it as he/she sees fit- they are not obligated to get you a washer/drier (and given than in most cases it might necessitate an air output pipe if its properly installed, it would be more than a tad unusual for him to agree to it).

    Regarding the garden shed and shelves- the landlord has no obligation whatsoever to supply these. Its highly unusual for him to agree to do this- you´re incredibly lucky that he did.

    Re- painting. Its irrelevant whether he and his girlfriend painted it or not. Its been painted. Perhaps it might have been nice to get a proper professional painter in- and indeed perhaps that was what he originally intended. Professional painters are expensive though (and might very well have insisted on having sole access to the place for a few days to themselves- having kids running around a house halfpainted is not conducive to getting the job done)

    Re: Furniture- perhaps a little more furniture might be a good idea. The colour of the furniture is not a sufficient reason to change it though. It is functional at present, perhaps not to your taste, but its not the landlord´s duty to ensure it is to your taste. 2 years worth of children wrecking the furniture could be construed as being beyond what would be considered normal wear and tear (in which case the landlord may decide to use your deposit to replace the furniture on termination of the lease).

    If the accommodation has changed substantially, the landlord would have a genuine and legitimate reason to consider increasing the rent. The replacement of a tempermental (but functioning) washing machine, repainting of the house at your request, installation of additional shelving, a garden shed and replacement furniture- could very well be considered a substantial change to the accommodation (you might end up having to argue whether it was substantial or not to the PRTB, but its hardly worth arguing over).

    Can you get similar property locally with the garden shed, new appliances, furniture to your liking, fresh paint (2 years of kids in a house, even with excellent parenting will have a lot of scuffing/grubbiness of the paint work) etc? For a similar price? If not- you know what your answer is.

    By the way- a landlord can legally revise the rent once a year- unless they carry out remedial works (such as above) in which case they can revisit the rent on conclusion of whatever the works are that they are carrying out.

    S.


    +1

    excellent advice from smccarrick.

    Also IMO I also think the furniture thing is a bit cheeky - if it is your kids who got it grubby then I think its a bit rich to complain now. If it were me you asked, provided the sofa was still in good condition othewise I would have paid for a steam clean and given you a couple of throw rugs, not a new setee.

    I also would not give a sofa bed - this only encourages extra bodies. I'm not saying you have extra people in the house than you should, but as a LL, I would not give a sofa bed for the lounge, just in case you were planning on letting extra people stay in the house for a period of mor than a few days (like a visiting guest)


  • Registered Users Posts: 37,295 ✭✭✭✭the_syco


    amdublin wrote: »
    There was a cream two seater couch there which after two years of my kids was a bit dirty
    I wonder will he take this out of your deposit when you leave? Just because it's not "your" house, doesn't mean you don't treat it with some respect?


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