Rent Control

zyndacyclone

Ok, I can see the pro and con in this case.

Here's the question: a few years back, my mum's current landlord bought a 2 building complex for next to nothing (I mean, NOTHING). The reason that he got it cheap was that it had 2 sitting tenants, rent controlled...he accepted that, that's why it was cheap despite being great real estate.

Ok, the old guy who bought it was ok. His wife was (and is a nightmare, if you've done work in D4 you've probably met her, most ppl tried it once and won't do it anymore). He died. His son got the property.

So, it's a recession now, son's business is tanking, his nightmare mom has been blackballed by half the workmen in Dublin, and he has inherited the building my Mum lives in.

It's falling to bits. It needs 100k spent on her appartment alone. He prefers not to do it.

Problem for us is we understand that he doesn't want to spend money and isn't getting much rent, but he leaves her for weeks with no hot water, she has no heating except free coal from a charity, hole in the kitchen and bathroom walls (1ft sq). He wont fix it till next rent tribunal forces him to.

My mum won't move. Her husband died in that house and she wants to die there too. She's lived there all her life and that was a condition of the sale.

Any help about how to deal with the landlord? My mum is 82. I can see that the landlord is stuck with a property inherited with sitting tenants, but it was bought cheap with that in mind and she should be able to cook without a 1ft hole in the wall and not spend weeks without hot water (she boils it, doesn't like to complain but wtf...it's her home for half a century).

Zynda.

Mary Hairy

Complain to the City Council about the state of the premises. The environmental officer can force him to repair it.

zyndacyclone

Mary Hairy wrote: »

Complain to the City Council about the state of the premises. The environmental officer can force him to repair it.

The place is literally falling to bits but it looks like a prime georgian building on the main street of what is left of DL. We'd have to go to the council every week to get the work done that needs doing. My brother and I pay for a lot of stuff already and a lot of local workmen do stuff for free for my mum cause they've known her for years.

What I'm looking for is something more than forcing this guy to do repairs that will last a week or fix one problem and ignore another, or force my mum to go to the council to be able to wash in hot water at 82?

triskellion

As I'm sure you're aware, your mums lease is governed by the 1980 Landlord & Tenant Act, not the 2004 Act so there are different obligations applicable to both parties.
It could be that improvements by the landlord will have to be reflected in a revised terms of lease. You're as well advised talk to a solicitor who will advise you correctly. Tricky little area so you're best to get an expert in. Cost you less in the long run.

Mary Hairy

zyndacyclone wrote: »

The place is literally falling to bits but it looks like a prime georgian building on the main street of what is left of DL. We'd have to go to the council every week to get the work done that needs doing. My brother and I pay for a lot of stuff already and a lot of local workmen do stuff for free for my mum cause they've known her for years.

What I'm looking for is something more than forcing this guy to do repairs that will last a week or fix one problem and ignore another, or force my mum to go to the council to be able to wash in hot water at 82?

Do you want to solve the problem or just whinge?

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1992

18.—(1) The Minister may make regulations prescribing standards for houses (including any common areas, works and services appurtenant thereto and enjoyed therewith) let for rent or other valuable consideration and it shall be the duty of the landlord of such a house to ensure that the house complies with the requirements of such regulations.

(2) A person authorised by a housing authority for the purposes of this section may at all reasonable times enter and inspect a house to which regulations under this section apply.

(3) Where, in the opinion of a housing authority, a requirement of a regulation is not being complied with, the authority may, after giving not less than 21 days notice in writing to the landlord of the house concerned, carry out or arrange the carrying out of any work necessary to ensure that the house complies with the requirements of the regulations.

(4) Where a housing authority give a notice under subsection (3), they shall at the same time send a copy of the notice to the tenant of the house concerned.

HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008

4. (1) Subject to Article 2, these Regulations shall apply to every house let for rent or other valuable consideration solely as a dwelling unless the house is let-


(a) to a person only for the purpose of conferring on that person the right to occupy the house for a holiday,


(b) by the Health Service Executive or by an approved body, as accommodation with sanitary, cooking or dining facilities provided for communal use within the building which contains the house, or


(c) by a housing authority pursuant to any of their functions under the Housing Acts 1966 to 2004, and is a demountable house.

HOUSING (STANDARDS FOR RENTED HOUSES)(AMENDMENT) REGULATIONS 2009

(2) For the purposes of sub-article (1) -�a proper state of structural repair-� means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.-�,

zyndacyclone

ok, I know her rights, she could nail his bollocks to the ceiling. She just doesn't want a hole in her wall.

Need a response from someone who doesn't just cut and paste law.

Mary Hairy

zyndacyclone wrote: »

ok, I know her rights, she could nail his bollocks to the ceiling. She just doesn't want a hole in her wall.

Need a response from someone who doesn't just cut and paste law.

If you know her rights why aren't you doing something about it? An environmental officer would be out there in no time. After three weeks the council do the repair. What do you want. A tradesman to volunteer to do the work?

zyndacyclone

I don't know you but you seem to have a problem with this topic.

This is a rare situation with a very old rent controlled property. Please stop posting if you are not familiar with it.

Mary Hairy

zyndacyclone wrote: »

I don't know you but you seem to have a problem with this topic.

This is a rare situation with a very old rent controlled property. Please stop posting if you are not familiar with it.

I have no problem with this topic. This is not a rare situation. Numerous rented properties are below the proper standard. Tenants have to complain frequently.
The fact that the property is old and rent controlled is irrelevant as you would have seen if you took the trouble to read the legislation.. The landlord is obliged to keep it in repair. If he doesn't you have recourse to the council.
I am familiar with all issues related to rented accomodation. I have considerable experience. You obviously have none. For some reason you are reluctant to do the one thing that would solve the problem. You seem to think you are unique. Far from it.
What do you expect to happen as a result of posting on the net?

zyndacyclone

/sigh

"As I'm sure you're aware, your mums lease is governed by the 1980 Landlord & Tenant Act, not the 2004 Act so there are different obligations applicable to both parties."

I appreciate that you care about my mum, I wish her landlord did.

This is rare case, the usual rules don't apply. I'm looking for more specific advice than this. Thanks for caring though.

Mary Hairy

zyndacyclone wrote: »

/sigh

"As I'm sure you're aware, your mums lease is governed by the 1980 Landlord & Tenant Act, not the 2004 Act so there are different obligations applicable to both parties."

I appreciate that you care about my mum, I wish my landlord did.

This is rare case, the usual rules don't apply. I'm looking for more specific advice than this. Thanks for caring though.

The fact that the lease is governed by the 1980 Act is irrelevant to the standards regulations. See the definition of the scope of the regulations above.
It is far from a rare case.

am i bovvered

OP You have been given good advice.

This is rare case, the usual rules don't apply. I'm looking for more specific advice than this.

This would make me think there is more to this than you have stated ? If so contact a solicitor

zyndacyclone

It's a type of case that someone who had experienced the situation would know well. The rent tribunal tends to be more personal than not for these cases.

Mary...thanks for caring, but you're not helping. Actually, you're hurting.

am i bovvered no...the advice isn't relevant in this case.

There's actually more advice on this under the landlords section. It's very tricky.

If you really know what you're talking about, post a contact plz. Mary, seriously shoo...get laid....go away...who are you???

Fiii

I don't really understand what advise you're after.
You say you want something other than making the landlord fix things, and have been told to ring the council - there's your other option, yet you are rude to those giving advise.

This is merely an internet forum. Maybe your best bet is to contact a solicitor if the advise given here doesn't suit you.

zyndacyclone

Oddly, the landlords forum understands this issue extremely well.

If anyone has experience with this rent act in particular, plz contact me. Otherwise, thanks for the help and consider this closed.

Z.

am i bovvered

zyndacyclone wrote: »

It's a type of case that someone who had experienced the situation would know well. The rent tribunal tends to be more personal than not for these cases.

Mary...thanks for caring, but you're not helping. Actually, you're hurting.

am i bovvered no...the advice isn't relevant in this case.

There's actually more advice on this under the landlords section. It's very tricky.

If you really know what you're talking about, post a contact plz. Mary, seriously shoo...get laid....go away...who are you???

Where is the landlord section ??

The_Conductor

Closed.
OP- if you'd like this thread reopened, please contact me by PM.