LL not reg with PRTB - negotiating tactic to leave early?

variety

We've just had our gas bill: it came to almost €900 for the period of 11 Dec to 14 Feb! :eek:
I know it's the most expensive bill for the year, but our other 3 gas bills average at €400 per quarter. And the ESB is much more expensive than our previous rental property, too.

It's just me and my partner (just pets, no kids) in a 3,000 sq/ft detached bungalow and it's bleeding us dry. The rent is expensive enough without these enormous bills on top of it.

Don't get me wrong - the house isn't a furnace. In fact, I don't consider it warm at all. Temperature is set to 18 degrees. A registered gas friend has checked the boiler and there's nothing wrong there, either. We're in Ugg boots and blankets and fleece hoodies constantly. I feel like a freakin' eskimo!

We can't afford it here any more. We had a 12 month lease, and have been there for 15 months so far. I've found somewhere cheaper and smaller (3 bed semi - so hopefully easier to heat). But they want us to sign the lease from 20 March. Which means I can only give my LL 18 days' notice.

Anyway, that was a very long starter for my real question:
Now I know I should give LL 42 days' notice (due to the length of time we've been in the property). But I also know LL's not registered with the PRTB. Should I leave now and give LL the 18 days' notice? If my deposit is retained, do I have any hope with the PRTB (regardless of how long it takes)? LL will incur a huge fine for not registering with them - can I use this as a negotiating tactic to get my deposit back as soon as we move out? Could I be successful with going to the PRTB since I didn't give enough notice?

Please help! Thanks in advance...
(Apologies for the long post.)

antiskeptic

variety wrote: »

We've just had our gas bill: it came to almost €900 for the period of 11 Dec to 14 Feb! :eek:
I know it's the most expensive bill for the year, but our other 3 gas bills average at €400 per quarter. And the ESB is much more expensive than our previous rental property, too.

It's just me and my partner (just pets, no kids) in a 3,000 sq/ft detached bungalow and it's bleeding us dry. The rent is expensive enough without these enormous bills on top of it.

Don't get me wrong - the house isn't a furnace. In fact, I don't consider it warm at all. Temperature is set to 18 degrees. A registered gas friend has checked the boiler and there's nothing wrong there, either. We're in Ugg boots and blankets and fleece hoodies constantly. I feel like a freakin' eskimo!

We can't afford it here any more. We had a 12 month lease, and have been there for 15 months so far. I've found somewhere cheaper and smaller (3 bed semi - so hopefully easier to heat). But they want us to sign the lease from 20 March. Which means I can only give my LL 18 days' notice.

Anyway, that was a very long starter for my real question:
Now I know I should give LL 42 days' notice (due to the length of time we've been in the property). But I also know LL's not registered with the PRTB. Should I leave now and give LL the 18 days' notice? If my deposit is retained, do I have any hope with the PRTB (regardless of how long it takes)? LL will incur a huge fine for not registering with them - can I use this as a negotiating tactic to get my deposit back as soon as we move out? Could I be successful with going to the PRTB since I didn't give enough notice?

Please help! Thanks in advance...
(Apologies for the long post.)

Seems to me that there's a couple of separate issues:

1) You're renting what is by any standards, a very large house. And you've just witnessed an uncharacteristically cold spell of uncharacteristically long duration. The size of your heating bill can be expected to reflect that situation - especially since normal weather brings about more normal heating bills. The fact the house is detached can be expected to worsen that situation.

All of the above has to do with your decision to rent such a house + the weather. Although I can appreciate your desiring to move to a smaller/cheaper house, there are no grounds here for you breaking out of your contract unpenalized.

2) The landlord is acting illegally. I'd see no general issue with someone feeling morally obliged to report a landlord acting so. No more than I'd see an issue with someone feeling morally obliged to report a burglar entering a premises.

However, having demonstrated that you've no issue with the landlord acting illegally up to this point, you've no moral basis for reporting him now. So is it fair to use such a lever to assist exiting out of a contract? Not really, given that his not being registered has nothing to do with the contract between the two of you.

Unless you've a sound basis for exiting a contract then you should adhere to it's terms.

variety

Thanks for the response, antiskeptic. I'll take the points on board.

I only found out last week that LL isn't registered. I couldn't remember if I got confirmation from the PRTB of it after we'd moved in, so checked back through paperwork (I'm embarrassingly meticulous with that sort of stuff because my memory fails me often!) and couldn't find anything from the PRTB at all. Then checked their online register and the property isn't listed.

Do you think I should report LL to the PRTB now? It's hardly going to help relations between us, which so far have been excellent.

Cookie_Monster

antiskeptic wrote: »

Unless you've a sound basis for exiting a contract then you should adhere to it's terms.

eh what contract?
He clearly stated a 12 month lease which has now expired as they are there 15 months

Xiney

I think the right thing to do here is to give 42 days notice.

Your options are therefore:

1) pay rent on two places at once for a month
2) find somewhere else, or hope that the place you've found is still available closer to your move out date.

There is a third option, which is to ask your landlord if he'll let you out in 18 days, but in the current climate I don't see that course being fruitful.



Morally and legally I can't think of any other options. The fact that your landlord is not registered does not really come into play here, unless he refuses to return your deposit promptly, in which case you're more likely to get somewhere by threatening him with the PRTB (how sad is it that the PRTB is more useful at getting deposits back when the landlord ISN'T regged?)

Xiney

Also - you are now entitled to ask for a BER cert when considering renting an apartment. This should give you an idea of the cost of heating one place vs. another.

D3PO

Firstly I dont think using the PRTB registraction as a tactic is moral but anyway thats besides the point because its has no leverage anyway.

Heres how it goes you report him he agrees to pay to get the tennancy registered and as a first offense he gets a slap on the wrist. Only if it was a case whereby he had been caught no registering before would it have any leverage.

give your proper notice and then move out simple as.

variety

Thanks to everyone for your comments.
I posted because I was a bit uneasy about the PRTB thing, and mostly your responses pointed out the morality of it all, too.

Anyway, spoke to my LL last night and told the truth - gas bill too high, can't afford it any more. Signing lease on new place in a few weeks, blahblahblah.
Asked would LL mind if I gave the 18 days notice - LL had no problem with it at all.

So, my advice - be honest. LLs are still human, after all

Bob_Latchford

variety wrote: »

Thanks to everyone for your comments.
I posted because I was a bit uneasy about the PRTB thing, and mostly your responses pointed out the morality of it all, too.

Anyway, spoke to my LL last night and told the truth - gas bill too high, can't afford it any more. Signing lease on new place in a few weeks, blahblahblah.
Asked would LL mind if I gave the 18 days notice - LL had no problem with it at all.

So, my advice - be honest. LLs are still human, after all

good that it worked out soe decent landlords out there but some are not, you could have always withheld rent (through being skint) untill notice was up and then negotiated who pays what your deposit to you and your rent arrears to them after contract is up and you have left

variety

I never said I was skint or that I have rent arrears, just that I couldn't afford high rent and high bills combined. I wouldn't ever withhold rent.

I've paid the rent up to the date of departure and have written to the LL informing that I will expect my deposit back in full on the date I leave, when LL can meet me at the property, inspect it and I will have back keys.

LL has inspected it today (to see it is in good condition for viewings for new tenants) and has agreed it's in immaculate condition. But, since reading on this and other forums that you cannot withhold deposit for cleaning (as per PRTB), I'm not worried about not getting it back at all.

Joey the lips

Well done Wait and see if he is so accomadating when giving back the deposit...