Renting house and advice

upthedub

My family and myself start renting a house through a estate agents 2 weeks ago.My girlfriend signed the contract which seemed pretty straight forward.Before we moved in the agent "said" we would fix a few of the problems in the house.Anyway i spoke to the owner of the estate agents thursday and he basically said they will not be fixing anything AND we are there for a year so there is no way out of the house.

Anybody tell me if its a fixed term what is the procederes in moving out???

Biggins

Any rented house HAS to come up to a minimum of a living standard condition.

If the work (or lack of it) takes away from a minimum of those conditions, the owner might be in breach of his/her contract with you from the very outset.

upthedub

Biggins wrote: »

Any rented house HAS to come up to a minimum of a living standard condition.

If the work (or lack of it) takes away from a minimum of those conditions, the owner might be in breach of his/her contract with you from the very outset.

Its not that the standards are poor but more what should of being done before we moved in ""tidying up back garden as its full of weeds""...!
After the attitude of the owner of the estate agents we just want to move but not sure how it works

Quazzie

How do people find After Hours and not find the Accomodation and Property forum?

upthedub

Quazzie wrote: »

How do people find After Hours and not find the Accomodation and Property forum?

Please post helpful info if not stop trolling thanks;)

Biggins

Is the backgarden in such a bad condition (for example) that it might be a home for and/or invite an infestation of vermin, etc?

Sharpshooter

upthedub wrote: »

Please post helpful info if not stop trolling thanks;)

Quazzie is correct.
This thread belongs in the Accommodation and Property Forum.
Best of luck OP.:)

Moved from AH's.

upthedub

Biggins wrote: »

Is the backgarden in such a bad condition (for example) that it might be a home for and/or invite an infestation of vermin, etc?

Know but lots of weeds "kids cannot go out" large over grown tree...

Boggle

Simple problem, simple solution.

Tell them to fix it or else he wont get his rent. All you have to do is be bold as brass for one month while witholding rent and if its not done at the end of that term leave and you wont be out of pocket.

Remember, its not easy to get anybody out of a house and you could piss him off for months living rent free.

The days of reneging on agreements is over for ll's

upthedub

Boggle wrote: »

Simple problem, simple solution.

Tell them to fix it or else he wont get his rent. All you have to do is be bold as brass for one month while witholding rent and if its not done at the end of that term leave and you wont be out of pocket.

Remember, its not easy to get anybody out of a house and you could piss him off for months living rent free.

The days of reneging on agreements is over for ll's

Was thinking of that but didnt want a knock on the door while missis and kids are here alone..:cool:

Boggle

Just check your rights with threshold but the landlord is not entitled to hassle you or even approach the door without appointment. Just send a letter and email outlining your position and ensuring they have opportunity to rectify the problem.
People have had huge settlements for the littlest things so the more hassle the better from your point of view.

But seriously, stand your ground but do not pay any more until its sorted or you are weakening your position.

upthedub

Thanks for your advice

athtrasna

Boggle wrote: »

Simple problem, simple solution.

Tell them to fix it or else he wont get his rent. All you have to do is be bold as brass for one month while witholding rent and if its not done at the end of that term leave and you wont be out of pocket.

No, No, NO!!!!

Terrible advice. You should never withold rent, you need to be fully compliant with the lease before you have rights. It was a big mistake to get verbal agreement to improvements, you should have everything in writing.

Basically it's your word against the letting agent/landlord that they said they would make improvements but they have it in writing that you'll pay the rent.

Pay the rent but put it in writing that the changes (list them) that you requested at time of signing have not been made yet. Tell them that you expect these to be sorted by the end of the month or you will raise a dispute with the PRTB. Check if the property is on the PRTB register, if not you have more leverage

upthedub

athtrasna wrote: »

No, No, NO!!!!

Terrible advice. You should never withold rent, you need to be fully compliant with the lease before you have rights. It was a big mistake to get verbal agreement to improvements, you should have everything in writing.

Basically it's your word against the letting agent/landlord that they said they would make improvements but they have it in writing that you'll pay the rent.

Pay the rent but put it in writing that the changes (list them) that you requested at time of signing have not been made yet. Tell them that you expect these to be sorted by the end of the month or you will raise a dispute with the PRTB. Check if the property is on the PRTB register, if not you have more leverage

What do you mean "prtb register"??Whats that??

bertie1

Residential Tenancy Board . The landlord has 30 days to register the tenancy ( so far they only appear to be there 2 weeks ).
You can register a dispute with your landlord with them but it will take them months ( & I mean months ) to respond , have a hearing & resolve the issues. They will mostly likely write to you telling you you must pay all rents due in the interm period.

Check the contract you signed , maininaining the garden may be the tenants responsibility, depending on the terms of the lease signed.

If I had kids I would want them out playing in the yard , would there be much work in it to get a strimmers & tidy up the area yourself ( you will still have to cut the grass on a regular basis if you are renting)

athtrasna

Thought I'd replied last night. When I said check the register on the website I was suggesting that if your landlord isn't listed, he might be keen to sort out a few things rather than get reported

Boggle

No, No, NO!!!!

Terrible advice. You should never withold rent, you need to be fully compliant with the lease before you have rights. It was a big mistake to get verbal agreement to improvements, you should have everything in writing.

Basically it's your word against the letting agent/landlord that they said they would make improvements but they have it in writing that you'll pay the rent.

Pay the rent but put it in writing that the changes (list them) that you requested at time of signing have not been made yet. Tell them that you expect these to be sorted by the end of the month or you will raise a dispute with the PRTB. Check if the property is on the PRTB register, if not you have more leverage

With respect, I disagree.
Pay your rent and you really have only your word against his. Like I said, send him a letter and email outlining your issues and stating clearly that no rent will be paid until this matter is resolved and also that failure to resolve the issue will lead to termination of tenancy.

You can play nice by paying the rent and moaning into your cornflakes that nothing ever gets done or you can get dirty (the same as lying about doing some work).

Basically I have had this situation before, where the ll was supposed to do work and didn't and I tried it this guys way.
Long story short, the landlord was caught nosing around the back garden by the neighbor a year later (after still not doing the work) and then denied it to us. Basically, I witheld the rent from then on and when I had my deposit back I left - and there was not a thing he could do about it (despite some impressive bluster).
Be a stoolpigeon if you like but if I were you I'd get aggressive on this.

Check if the property is on the PRTB register, if not you have more leverage

The only leverage you have is your rent. Trying to play smart with a pig ignorant landlord gets you nowhere.

athtrasna

You still miss the basic point. It's the OP's word vs the letting agent that the improvements will be made. The letting agent has a signed lease signed by the OP that they will pay the rent.

Like I suggested, pay up and send a letter detailing the required changes and request that "as per your agreement" these have yet to be completed and you would appreciate if they could be done by the end of the month to avoid referring the matter to the appropriate authorities.

If the OP doesn't pay their rent, they are in breach of a signed legal agreement.

trad

Don't get mad - get even.

Does the property have a BER Certificate and were you given a copy of it and the Advisory Report prior to entering the agreement.

If you haven't, off you go to the Buildings Control Officer in your local authority and report the landlord and the letting agent for letting a property without a BER. €5000 fine and 3 months in prison each should get their attention.

upthedub

trad wrote: »

Don't get mad - get even.

Does the property have a BER Certificate and were you given a copy of it and the Advisory Report prior to entering the agreement.

If you haven't, off you go to the Buildings Control Officer in your local authority and report the landlord and the letting agent for letting a property without a BER. €5000 fine and 3 months in prison each should get their attention.

What is BER??

bangersandmash

upthedub wrote: »

What is BER??

A BER is similar to the energy label for a household electrical appliance like your fridge. The label has a scale of A-G. A-rated homes are the most energy efficient and G the least efficient.

From the 1st of January 2009 a BER certificate is compulsory for all homes being sold or rented. If you are buying or renting a new house or apartment now, you are entitled to a BER - so do ask the seller/landlord or their agent for it.

http://www.sei.ie/Your_Building/BER/BER_FAQ/FAQ_BER/General/BER_what_is_it_.html

Many landlords seem to ignore that fact that a BER is required when renting.

trad

I take it from your lack of knowledge regarding BER that your property may not have one.

Ask the letting agent does the property have one, if he says it hasn't, tell him he has committed an offence by acting as an agent for the property owner and you are now off to the Buildings Control Officer of whatever Local Authority area the house is in. SI 666 of 2006 are the Regulations regardiing BER and can be found on www.irishststutebook.ie.

upthedub

I have just being speaking to the agent and asked him about the rentbook,he said i dont have to have one once there is a lease????

upthedub

Boggle wrote: »

With respect, I disagree.
Pay your rent and you really have only your word against his. Like I said, send him a letter and email outlining your issues and stating clearly that no rent will be paid until this matter is resolved and also that failure to resolve the issue will lead to termination of tenancy.

You can play nice by paying the rent and moaning into your cornflakes that nothing ever gets done or you can get dirty (the same as lying about doing some work).

Basically I have had this situation before, where the ll was supposed to do work and didn't and I tried it this guys way.
Long story short, the landlord was caught nosing around the back garden by the neighbor a year later (after still not doing the work) and then denied it to us. Basically, I witheld the rent from then on and when I had my deposit back I left - and there was not a thing he could do about it (despite some impressive bluster).
Be a stoolpigeon if you like but if I were you I'd get aggressive on this.


The only leverage you have is your rent. Trying to play smart with a pig ignorant landlord gets you nowhere.

What do you suggest?

trad

upthedub wrote: »

I have just being speaking to the agent and asked him about the rentbook,he said i dont have to have one once there is a lease????

Did you ask him about the BER?

upthedub

trad wrote: »

Did you ask him about the BER?

Yes,they said they will get back to me:rolleyes:

upthedub

I rang the agent today and he said he is still checking it out.......:rolleyes:

Agent J

Been in this situation.

1) Did they ask you for your PPSN number for PRTB registration?

If that question made no sense whatsoever then you can assume no.

Congratualtions. You have them over a barrell.
Inform them if they do not fix the problems immedialtly then you will report them for non registration.(If they do register then you can take a complaint to them immediatly). If they dont register they can be liable for a fine of 5k. Remind them of that

2) Have you signed a lease?
If you have pick out the term they are in breach of(You'll find them dont worry)
Tell them to fix it otherwise they are in breach of said lease and you will hand over your 28 day notice as required by law. Since they are in breach of lease you cannot be held to it. The fixed term section of it goes right out the window if they dont hold to their own lease.

3) Hardball.
If they refuse to do anything then hand notice and leave. You dont want to be a in a place in which the landlord wont fix things.
They cannot touch you if they havent registered with the PRTB.

While you are at it ask for their PPSN for Tax purposes.

You hold all the cards in the situation as long as you are prepared to use them.

I had a similar situation and long story short i left after 2/3 months. They hadnt registered with the PRTB and i reminded them of that and they didnt argue with handing in notice of 28 days. They then tried to keep the deposit because of cleaning but i took them through the PRTB(it took some time because they didnt view it as urgent) and got it back.

upthedub

Well i asked about the prtb over a week ago and they were to look into it.But since i asked they fixed a few bits...;)

What do you reckon now???

Thanks for previous advice.;)

Agent J

upthedub wrote: »

Well i asked about the prtb over a week ago and they were to look into it.But since i asked they fixed a few bits...;)

What do you reckon now???

Thanks for previous advice.;)

Tell them times up. It should have been fixed before you moved in.

One very important point to note. If they dont register with the PRTB they cannot take a case aganist you.

It doesnt stop you from taking a case aganist them.

Tell them they have one week to fix the place or else you hand in your notice and will file a complaint with the PRTB and want their PPSN to claim tax back for the limited rent you paid.

upthedub

Agent J wrote: »

Tell them times up. It should have been fixed before you moved in.

One very important point to note. If they dont register with the PRTB they cannot take a case aganist you.

It doesnt stop you from taking a case aganist them.

Tell them they have one week to fix the place or else you hand in your notice and will file a complaint with the PRTB and want their PPSN to claim tax back for the limited rent you paid.

What if they fix the bits because they are *****ing it what should i do then??

Agent J

upthedub wrote: »

What if they fix the bits because they are *****ing it what should i do then??

Em. Thats entirely up to you.

I would consider using this as an out now though. You dont dont want to be stuck somewhere with an unresponsive landlord.

upthedub

Agent J wrote: »

Em. Thats entirely up to you.

I would consider using this as an out now though. You dont dont want to be stuck somewhere with an unresponsive landlord.

Tbh alot of things have being fixed since the last 2 weeks but couldnt believe how ignorant they were when we rang...espically when they said we were STUCK here.

Honestly just want to get out of here now....

upthedub

Rang the agent today and he said the house is registered and there is a back log in the prtb or something..;)

trad

Where's the BER? don't let the agent or the landlord off the hook.

If the property did not have a BER cert at the time of letting they have both comitted a criminal offence.

upthedub

Agent rang me...He said that it will take up to 6 months to get the ptrb form up on there system or "for ptrb to have it on theres"....

Also they do NOT have a ber cert but he said he can have a person come out in 2-3 weeks to look at the house or something...


Any advice???

D3PO

upthedub wrote: »

Agent rang me...He said that it will take up to 6 months to get the ptrb form up on there system or "for ptrb to have it on theres"....

Also they do NOT have a ber cert but he said he can have a person come out in 2-3 weeks to look at the house or something...


Any advice???

well they as a company as well as the landlord have broken the law renting a house without a BER cert.

Simply put if you want to get out this is your out. If your happy to stay well then no worries.

upthedub

D3PO wrote: »

well they as a company as well as the landlord have broken the law renting a house without a BER cert.

Simply put if you want to get out this is your out. If your happy to stay well then no worries.

We do want to get out but he has out deposit etc.He even taught it was no big deal on the phone.

Agent J

upthedub wrote: »

Agent rang me...He said that it will take up to 6 months to get the ptrb form up on there system or "for ptrb to have it on theres"....

Also they do NOT have a ber cert but he said he can have a person come out in 2-3 weeks to look at the house or something...


Any advice???

Bull sh!t.

BEsides you can just ask the PRTB themselves. Landlord has to have it registered within a month of the start of tenancy

upthedub

Agent J wrote: »

Bull sh!t.

BEsides you can just ask the PRTB themselves. Landlord has to have it registered within a month of the start of tenancy

Yes i told him that.He said "well im getting it done"...

D3PO

upthedub wrote: »

We do want to get out but he has out deposit etc.He even taught it was no big deal on the phone.

i dont see why him having your deposit is an issue ? are you trying to say even if you point out he has broken the law and your going to pursue it unless there is a cessation of the tennancy that hes going to try and hold onto your deposit ?

I very much doubt anybody would be that stupid.

upthedub

D3PO wrote: »

i dont see why him having your deposit is an issue ? are you trying to say even if you point out he has broken the law and your going to pursue it unless there is a cessation of the tennancy that hes going to try and hold onto your deposit ?

I very much doubt anybody would be that stupid.

Well i knew the minute we had our first maintenance issue that the agent was a a*sehole and ignorant etc and that was within the first week of moving in.Also according to the agent we cannot move out because we are in contract.

If i could i would move out today but i also cannot afford to lose my deposit.

upthedub

Do i have a way of moving out and getting my deposit back?

D3PO

upthedub wrote: »

Do i have a way of moving out and getting my deposit back?

you were told yes. Tell the agent your moving out and expect your deposit back. tell the agent that if this is not done you will report the fact they have broken the law by renting out without a BER certificate.

Remind them this comes with a €5,000 fine and possible imprisionment of up to 3 months. (second part is unlikely) but the first part will happen.

upthedub

I rang him and he said you cannot move out:eek:that "we" as in them are getting it done next week..

D3PO

upthedub wrote: »

I rang him and he said you cannot move out:eek:that "we" as in them are getting it done next week..

ring them back and tell them that it doesnt stop the fact they have broken the law and you will be reporting it to SEI. The law has been broken you have serious leverage here.

better still get a friend to call them presenting himself as your legal representative and get him/her to sort it out.

upthedub

D3PO wrote: »

ring them back and tell them that it doesnt stop the fact they have broken the law and you will be reporting it to SEI. The law has been broken you have serious leverage here.

better still get a friend to call them presenting himself as your legal representative and get him/her to sort it out.

SEI???

But because they applied for it 3 weeks after im there would it still be that easy to get out??

What is the best thing to say if i ring him NOW??

D3PO

upthedub wrote: »

SEI???

But because they applied for it 3 weeks after im there would it still be that easy to get out??

What is the best thing to say if i ring him NOW??

unlike PRTB registration which can be done retrospectively and penalty can be avoided by doing so. Its illegal to do this in terms of BER certification.

Tell him that the choice is to return your deposit or you will be calling the SEI to report the legal breach and also the IAVI where you will be attempting to have them struck off as registered estate agents.

upthedub

D3PO wrote: »

unlike PRTB registration which can be done retrospectively and penalty can be avoided by doing so. Its illegal to do this in terms of BER certification.

Tell him that the choice is to return your deposit or you will be calling the SEI to report the legal breach and also the IAVI where you will be attempting to have them struck off as registered estate agents.

Whats the names for sei??
iavi??

D3PO

upthedub wrote: »

Whats the names for sei??
iavi??

SEI - Sustainable Energy Ireland

IAVI - Irish Auctioneers and Valuers Institute

trad

SEI (Sustainable Energy Ireland) do not enforce BER. The appropriate person to contact is the Buildings Control Office of the Local Authority in which the house is situated. ie Dublin City Council, Dun Laoghaire Rathdown County Council, South Dublin County Council etc.