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"Is my Landlord responsible for ..." questions

  • 03-12-2010 11:06am
    #1
    Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭


    Flushing my toilets?
    Uplugging my TV?
    Closing my front door when I go out?
    Cleaning the snow off my windscreen?

    Any other absurd suggestions?


Comments

  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    this is a genuine page for real issues with accommodation and property if you want to take the piss go to After Hours :p


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    My post, I feel, is quite valid.

    I see questions here about electric vs pumped showers as a way out of a lease, chimney cleaning etc.

    Tenants should realise that a LL is only obligated to provide them with the same level of service/facilities as if the tenant owned the property.

    For example, if the heating breaks down on Sunday at 11pm, the tenant has no reasonable expectation that the LL get a plumber there in half an hour, as this is neither reasonable nor possible.


  • Closed Accounts Posts: 258 ✭✭Scambuster


    Pkiernan wrote: »
    My post, I feel, is quite valid.

    I see questions here about electric vs pumped showers as a way out of a lease, chimney cleaning etc.

    Tenants should realise that a LL is only obligated to provide them with the same level of service/facilities as if the tenant owned the property.

    For example, if the heating breaks down on Sunday at 11pm, the tenant has no reasonable expectation that the LL get a plumber there in half an hour, as this is neither reasonable nor possible.

    That is wrong and what some landlords like to believe.


  • Registered Users, Registered Users 2 Posts: 4,788 ✭✭✭ztoical


    Pkiernan wrote: »
    My post, I feel, is quite valid.

    I see questions here about electric vs pumped showers as a way out of a lease, chimney cleaning etc.

    Tenants should realise that a LL is only obligated to provide them with the same level of service/facilities as if the tenant owned the property.

    For example, if the heating breaks down on Sunday at 11pm, the tenant has no reasonable expectation that the LL get a plumber there in half an hour, as this is neither reasonable nor possible.

    It's not as black and white as you'd like to make it sound and there is nothing wrong with people coming to this forum to clear issues they may be confused about up. For example with the chimeny cleaning it would be expected for the LL to clean it before new tenants moved in and the tenant is within their rights to ask for the LL to get it cleaned if the LL hasn't. If a tenant has been using the fireplace and as a result of their using it the chimeny needs cleaning then they pay for it but in alot of cases for insurance reasons they still need to arrange it via their LL.

    LL obligations are also different depending on how old the property is and how long they been renting it out [at least until 2013 when it will hopefully be all unified] There are plenty of fourms to mock or rant if that's all you want to do. As already said After Hours is that away =>


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    Scambuster wrote: »
    That is wrong and what some landlords like to believe.

    It is not wrong.

    Here is an example:

    You are a LL.

    The heating system breaks down at 3.00 am.
    You receive a call from your tenant at 3.10 am.

    He demands you get someone there immediately to have a look at it.

    Do you honestly believe that it is your legal obligation to get someone there immediately?


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  • Registered Users, Registered Users 2 Posts: 4,788 ✭✭✭ztoical


    Pkiernan wrote: »
    It is not wrong.

    Here is an example:

    You are a LL.

    The heating system breaks down at 3.00 am.
    You receive a call from your tenant at 3.10 am.

    He demands you get someone there immediately to have a look at it.

    Do you honestly believe that it is your legal obligation to get someone there immediately?

    And where on this forum has anyone posted asking anything like the above?


  • Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    Pkiernan wrote: »
    It is not wrong.

    Here is an example:

    You are a LL.

    The heating system breaks down at 3.00 am.
    You receive a call from your tenant at 3.10 am.

    He demands you get someone there immediately to have a look at it.

    Do you honestly believe that it is your legal obligation to get someone there immediately?

    What if a pipe burst, and was leaking?

    Are you going to wait till 3:20am? 3:30?


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    ztoical wrote: »
    And where on this forum has anyone posted asking anything like the above?

    I replied to Scambusters post that implies that LL's are legally obliged to have someone there immediately - the LL is not obliged to have someone there immediately, but rather as soon as reasonably possible.

    Exactly the situation the tenant would face if he/she owned the property in question.


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    3DataModem wrote: »
    What if a pipe burst, and was leaking?

    Are you going to wait till 3:20am? 3:30?

    I would get someone there as soon as possible. Were it my place, I would make the effort to go there right away and shut off the water.

    That does NOT mean that the LL is obliged by law to have someone there immediately.

    Have you ever tried getting a plumber out a 3.30 am? How long would you think they would take to respond?

    My point is that some tenants seem to expect a hotel service with the LL to be there always at their service, and that somehow LL's are superhumans that can fix anything in 10 minutes.

    Even worse, some tenants believe (falsely) that they can deduct rent if they have no heating for a night, or can demand the LL pay for a hotel room etc. There is NO legal provision for this; if you think there is, you are mistaken.

    But no need to let the facts get in the way of on internet posting...


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    Pkiernan wrote: »
    I would get someone there as soon as possible. Were it my place, I would make the effort to go there right away and shut off the water.

    That does NOT mean that the LL is obliged by law to have someone there immediately.

    Have you ever tried getting a plumber out a 3.30 am? How long would you think they would take to respond?

    My point is that some tenants seem to expect a hotel service with the LL to be there always at their service, and that somehow LL's are superhumans that can fix anything in 10 minutes.

    Even worse, some tenants believe (falsely) that they can deduct rent if they have no heating for a night, or can demand the LL pay for a hotel room etc. There is NO legal provision for this; if you think there is, you are mistaken.

    But no need to let the facts get in the way of on internet posting...


    Nobody believes this!!!!!!!!!!!!!!!!!!!!!!!
    A poster asked the question could he deduct the rent if they had no heating for the night and does a LL have to pay for a hotel room if there is no heating NOWHERE on this forum has anyone said that yes a LL has to do this

    I am so glad that you are not my LL and FYI most tenants know that it is not reasonable to expect plumbers/builders whatever to arrive within half and hour to fix things however they do expect things to be fixed that are the domain of the LL within a reasonable time period after all they are paying rent!

    Also although you may be trying to have a reasonable and fair debate regarding what LL and tenants expect of each other your opening post is misleading and this is really a post for AFTER HOURS


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  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    To be fair I dont think that many tenants are going to go ringing their landlord at 3 in the morning if the heating goes down expecting it to be fixed right away. They might however ring at 9 the next morning and rightly expect it to be fixed sharpish, especially when the weather is as we have it currently.

    One of the advantages of renting over owning is that you can pick up the phone and have something fixed quickly. Its the obligation of the landlord to ensure that is the case. Obviously by quickly I mean in a reasonable timeframe, as in if they cant get a plumber/electrician until the next day or until after a bank holiday weekend/Christmas etc then so be it, but every effort should be made to get the problem resolved as soon as possible.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    Pkiernan wrote: »
    I replied to Scambusters post that implies that LL's are legally obliged to have someone there immediately - the LL is not obliged to have someone there immediately, but rather as soon as reasonably possible.

    No he/she didn't.

    You posted that:
    Pkiernan wrote:
    Tenants should realise that a LL is only obligated to provide them with the same level of service/facilities as if the tenant owned the property.

    Which he/she bolded to show that it was the contentious part.

    The tenant is not in the same position as an owner occupier. The landlord is under a duty to repair the property. While you seem to have shifted the goalposts a bit and suggested that he/she was implying that landlords should provide immediate service, funadmentally the landlord is obliged to repair any faults in the property that arise in the course of the ordinary wear and tear or are latent defects in the build.


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    To be reasonable is the key point.

    I've never called my landlord at 3am.
    However I did call my landlord over our damaged front door and said it was a security risk. And nothing was done.
    And what do you know, seven weeks later our door gets kicked in and we were burgled.

    And the tenants withheld the rent to recover stolen laptops. Not saying that was right or legal but it's understandable.

    Decent tenants are wanted by landlords these days. I pay my rent on time and the last time I called my landlord was eight months ago. But if I call with an issue I expect a tradesman or at least an inspection by Day 2.
    I think two days to get a tradesman is reasonable


  • Registered Users, Registered Users 2 Posts: 2,587 ✭✭✭Bob Z


    Pkiernan wrote: »
    Flushing my toilets?
    Uplugging my TV?
    Closing my front door when I go out?
    Cleaning the snow off my windscreen?

    Any other absurd suggestions?



    I have looked this entire forum and I can't find where those questions were asked? Have you a link?


    The cheek of it?! People asking accomadation questions on accomadation forum?!:mad:


  • Registered Users, Registered Users 2 Posts: 350 ✭✭Baralis1


    The OP's post is really uncalled for and seems to suggest that tenants should shut up complaining and keep paying the rent.
    If you are a homeowner and say for example the heating goes, especially in this weather, you would ring a tradesman and expect them there within a day to fix it. A landlord has an obligation to his tenants to organise this just as quickly.
    It is not acceptable to have an unreasonable delay in organising this for whatever reason, such as the cost, landlord trying to fix it themselves or just plain couldn't be bothered because they are not the ones in the cold.


  • Registered Users, Registered Users 2 Posts: 647 ✭✭✭Terri26


    I am just wondering (and it is a genuine question) that if a repair man is calling to fix something do I have to be there and miss a day's pay or whtever or should the landlord do that? It is their property etc. i understand by getting a repair man they ar edoing good but should they be responsible for letting them into teh house if it means teh tenant has to miss work?


  • Registered Users, Registered Users 2 Posts: 4,788 ✭✭✭ztoical


    Terri26 wrote: »
    I am just wondering (and it is a genuine question) that if a repair man is calling to fix something do I have to be there and miss a day's pay or whtever or should the landlord do that? It is their property etc. i understand by getting a repair man they ar edoing good but should they be responsible for letting them into teh house if it means teh tenant has to miss work?

    I would not expect nor want a LL letting repair people into my home when I wasn't there.

    None emergancy repairs I would expect the LL to arrange a time that suited me. If something needs to be fixed ASAP it would most likely be something like a burst pipe that frankly your not going to just walk off and leave.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Im pretty sure its up to you to be there to let them in. The landlord might agree to meet them (unlikely) but even if they did I wouldnt want the landlord in the house when Im not there anyway so Id arrange to meet them.


  • Registered Users, Registered Users 2 Posts: 882 ✭✭✭ZYX


    Terri26 wrote: »
    I am just wondering (and it is a genuine question) that if a repair man is calling to fix something do I have to be there and miss a day's pay or whtever or should the landlord do that? It is their property etc. i understand by getting a repair man they ar edoing good but should they be responsible for letting them into teh house if it means teh tenant has to miss work?

    The landlord is responsible. You do not need to be there. However you may want to be there for the reasons given before. However if someone needs to "miss a day's pay" clearly it is the landlord.


  • Registered Users, Registered Users 2 Posts: 647 ✭✭✭Terri26


    Thanks for your replies. I was just wondering what the norm was. I too would expect the landlord to meet a repair man if I didn't want to take a day off.
    I assume also that a landlord woudl be responsible for a service on a boiler? is this assumption correct?


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  • Registered Users, Registered Users 2 Posts: 2,406 ✭✭✭pooch90


    Yes LL is liable for boiler repair. Personally i would never allow the LL let tradesmen in. I would always want to be present or have a friend or someone I trusted there.


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    My LL had to fix our boiler he didnt tell me when the repair man was going to come he just showed up one day when I was on my way out and guess what he said to me, he said to carry on with where I was going that he would shut the door when he was finished the repair man said that I mean really when I said to LL that next time I want a time and date as to when repair man would be there (it took a whole week for them to try fix the boiler then give up and realise a new one was needed and then they had to install it) and LL told me to leave the key outside for him to let himself in :eek:

    I would never ever let my LL be responsible for letting someone in to where I live NEVER if something is stolen do you think your LL will replace it or do you think that LL will should the same duty of care to your positions as you would me thinks not


  • Registered Users, Registered Users 2 Posts: 390 ✭✭RJC


    edellc wrote: »
    My LL had to fix our boiler he didnt tell me when the repair man was going to come he just showed up one day when I was on my way out and guess what he said to me, he said to carry on with where I was going that he would shut the door when he was finished the repair man said that I mean really when I said to LL that next time I want a time and date as to when repair man would be there (it took a whole week for them to try fix the boiler then give up and realise a new one was needed and then they had to install it) and LL told me to leave the key outside for him to let himself in :eek:

    I would never ever let my LL be responsible for letting someone in to where I live NEVER if something is stolen do you think your LL will replace it or do you think that LL will should the same duty of care to your positions as you would me thinks not

    Sounds terrible.

    You might lob a few full stops into the next post.


    It's like trying to read Joyce with all that stream of conciousness stuff you have going on there.


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