Has landlord broken my lease??

edellc

24/12 - boiler broke informed LL he told me to ring guy who installed it, there was no answer, also LL asked me what i had done to the boiler :mad: nothing I informed him on the contrary I had left heating on all over the cold snap so pipes would not freeze, he still suggested I broke it grrrrr

26/12 - water started to leak everywhere from boiler LL told me to turn off mains water supply and ring the boiler guy again was told he was in england LL said he could do nothing as it was a holiday

27/12 - rang LL told him that something had to be done about boiler we have no heat and its freezing that the guy who installed it said he was in england - this i doubt but had to take his word. I suggested we ring any plumber to come have a look LL agreed

28/12 - Plumber came out said boiler was still under warranty (put in april 10) to ring the guy who installed it that he could do nothing

29/12 - LL said he could do nothing until new year

04/01 - LL rang the ppl who supplied boiler they said they'd send someone out, this they did but ended up having to order parts so it would be a few more days

08/01 - Boiler person came out with new part and fixed boiler however there was an airblock in the system and was told person who installed boiler needed to come out and look at it, got they guy to leave message on LL phone saying this

10/01 - LL rang asking if heating was back on told him yes but there was a horrid noise due to air block and needed plumber to come and look at it as the boiler person had suggested LL said no need place was heating so no problem

11/01 - Boiler packed up again probably due to air block rang LL told him he told me to ring the boiler ppl who came and fixed it I did inform him that it was his job to do this and not mine anyway didnt have their number

11/01 - Rang LL in afternoon he said that the boiler ppl wanted the guy who installed boiler to get in touch to report the issue LL said he left him a message

12/01 - rang LL he asked had the installer not been in touch with me NO I SAID he told me to ring him NO I SAID again it is your job to do that not me

13/01 - Rang LL told him was not impressed with no heating since christmas eve apart from two full days my baby and partner now have flu and we are freezing that heaters where bought on christmas eve not looking forward to electricity bill and we cant give baby a bath cause its way to cold what are we paying rent for???? again he acted surprised that guy who installed boiler hadnt been in touch told him I dont care that he needs to get someone out asap dont care who (rgi registered yes but other than that dont care) he said he would try the guy again

I am not at my wits end the house is freezing Im tired of putting my baby to bed fully dressed in three layers with hat and gloves on and im sick of doing the same with myself, my partner now cant work with the flu and a sever cold in his bones and LL doesnt seem bothered

I want to know if im entitled to bill him for
1 - the heaters
2 - the extra cost of the electricity bill
3 - doctors bills

all of which where only incurred due to no heating also has he broken the lease as it clearly states that heating comes with the house and if so am I entitled to request my deposit back now

cram1971

I doubt it, unfortunate chain of events. holidays extreme weather and LL on holidays, if your lucky LL might give you something towards heaters, not a chance for doctors bills. Extra cost of electricity versus gas should probably cancel each other out. (I am sure someone with tell me Gas is more efficent and cost less to run)

I'd say forget about it move on

edellc

I cant forget about it and move on as you put it
yes gas is cheaper to run than electricity
and we still have no heating :mad: yet i am paying rent
so how can i forget about it my baby has a very bad cold/flu and cant get warm and my partner is in a terrible state and the heaters dont keep the room that warm
and my LL was not on holiday the person who installed the boiler was
my LL keeps telling me to ring this one and that one and seems to be doing nothing himself yet if i dont pay rent then its me who is in breach but he cant get away with not supplying heating
forget about it and move on what planet are you on oh you are probably a LL

cram1971

The only thing I can suggest and I am sure it is outside of you lease is tell your landlord that you will get it fixed and deduct it off next months rent.

Sorry I didnt mean to wind you up I actually thought it was fixed at this stage. but I dont think you you have any chance of getting your deposit back.

Ok if i was in your situation I would right an email to LL outlining your first post stick to facts (you cant prove colds came from cold house) tell LL you need it rectified by tomorrow evening and they are responsible to get it fixed you have already spent 'X' amount of time trying to sort it out.

If by tomorrow 5 pm the heating does not work you will get it fixed by another party and deduct the cost from next months rent

Ohh an I am not currently a LL and when I was I always looked after my tenants counted my blessings that I did not have to pay for empty apt / house / rooms and so should you current LL under the current market conditions

Zamboni

If you landlord has any decency he should make some deal with you on the heaters and electricity bills.
Have you had this disucssion with him yet?

Cold is a virus and flu is an infectious disease.
They are not caused by being in a cold house.

Hope this works out for you soon.

cancercowboy

You've documented your communication with the landlord well but have you documented your costs incurred due to his dereliction?

To be clear it is the Landlord's responsibility to make sure you have a working boiler, regardless of the circumstances. It was not your job to contact the repairman.

I would sent him a registered letter with copies of your receipts, outlining the costs you incurred. Explain that you expect to be reimbursed. If he declines, or does not reply, I would contact the PRTB or take him to small claims court.

I believe you can, by law, deduct necessary home repairs from you rent if you are not reimbursed but as these were not repair costs incurred I don't think you have that option open to you.

cancercowboy

Zamboni wrote: »

Cold is a virus and flu is an infectious disease.
They are not caused by being in a cold house.

Obviously, you're not a doctor.

Cold temperatures can't make you sick but if you are trying to avoid a virus, your body works twice as hard in an uncomfortable environment and that's when a virus can overcome your immune system.
Also, a cold house will exacerbate symptoms.

petes

cancercowboy wrote: »

O
Also, a cold house will exacerbate symptoms.

And take you longer to recover.

Zamboni

cancercowboy wrote: »

Obviously, you're not a doctor.

Cold temperatures can't make you sick but if you are trying to avoid a virus, your body works twice as hard in an uncomfortable environment and that's when a virus can overcome your immune system.
Also, a cold house will exacerbate symptoms.

Thanks for the unnecessary biology lesson.
Do you think the women would have a case to claim medical expense of the landlord or not?

John Mason

Zamboni wrote: »

Thanks for the unnecessary biology lesson.
Do you think the women would have a case to claim medical expense of the landlord or not?

i definately dont think she has a case for claiming medical expenses.

half the country has the flu, i got just after christmas and i was in very hot country. The cold has nothing to with catching flu.

her LL is a chancer and he should have had it fixed by now. my boiler went last January and i had it replaced and running within 3 working days.

there is absolutely no need for people to be sitting in the cold.

OP, do you want move and get out fo your lease?

cancercowboy

Zamboni wrote: »

Thanks for the unnecessary biology lesson.
Do you think the women would have a case to claim medical expense of the landlord or not?

You're welcome.

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I can only offer professional medical advice.

Sir Oxman

edellc, I would document as closely as possible the extra cost incurred due to purchase of heaters and the extra electricity used on them and bill him for it.
I'd also get on to Threshold and ask them what is the story with you getting the boiler fixed and reimbursement of the bill from your rent/direct from landlord, whichever is the quickest way to get your money back.
Also ask them what the PRTB can do.
And yes, he is fully at fault, since Xmas Eve no boiler working? Damn right he is.
He has made little or no effort to resolve the problem - and what's this crap about it being the holidays and tough shít for you? I'd eat the head off the chancer.

The_Conductor

cancercowboy wrote: »

I can only offer professional medical advice.

I'm sorry- but you cannot offer professional medical advice (or indeed professional advice of any nature), here, or elsewhere on this website.

Regards,

SMcCarrick

brianthebard

I would suggest that one of your first problems is allowing the Landlord so much leeway by only ringing them when you had problems. Often having a complaint in writing will put a fire under them. Threshold will tell you if the Landlord has voided your lease or not.

edellc

I did ring threshold they told me to send him a letter asking for matter to be resolved have done this but he doesnt seem to give a s**t...they also said i have to keep paying rent :eek: or im in breach and i can be kicked out
lease is up in a couple of mths will not be renewing nervous about getting my deposit back as i cannot afford not to have it if i am to move
oh and rang him yesterday and lost the plot over the phone with him feel slightly embarrassed about it now but glad i did it but still nothing he was getting a bit thick with me on phone
If i could drive to co meath and drag him back here i would but sadly dont drive :mad:
just had enough now very depressing and very annoying and wont have money to move out until lease is up

brianthebard

I'm sure there is something you can do once you've sent him a letter and he hasn't responded, try threshold again or the ptrb. There's no reason why you shouldn't get your deposit back is there?

edellc

There is no reason as to why I shouldnt get my deposit back but I have rented now for some time and every time the lease has ended I have found LL trying to do me out of my deposit sometimes making things up and I just dread it.
Really though this place could be a long term let but sadly that is not the case sending the letter tomorrow but I give up ringing him and chasing him my only worry now is temperatures are due to drop again later next week so not looking forward to that

edellc

update on the boiler situation Yes its still going on I know wtf it broke on christmas eve!!!!

Baxi came out on the 8th and fixed the boiler it worked for two days and broke again but the man from baxi left a message for my LL saying the plumber needed to come out and have a look at the air block in the system.....LL didnt do that as the heating was working

Informed him that the boiler broke again two days later he rang Baxi who said it was up to the plumber who installed it in the first place to come and look at it now this fecker is a lazy waste of oxygen and from the 11th until 17th all I got was answer machine, however did ring the LL and went totally mental on the phone to him so today the plumber turns up said boiler broken no **** sherlock ???? and we need a new one so he has to get in touch with Baxi to order a new one

its been 24 days without heating if i wasnt fuming i'd be cold :cool:


so if i am asking for consideration re compensation what do ppl think is reasonable to ask for then as most of you dont think doctors bills are acceptable

i have receipts for heaters 50euro in total
but what is reasonable to be deducted from rent for 24 days and counting of no heat when it clearly states in the lease and it is part of terms and conditions about rental property being fit for purpose to supply heat???

Xiney

At this stage I would be going to threshold and seeking their advice on opening a claim with the PRTB.

Pkiernan

edellc wrote: »

update on the boiler situation Yes its still going on I know wtf it broke on christmas eve!!!!

Baxi came out on the 8th and fixed the boiler it worked for two days and broke again but the man from baxi left a message for my LL saying the plumber needed to come out and have a look at the air block in the system.....LL didnt do that as the heating was working

Informed him that the boiler broke again two days later he rang Baxi who said it was up to the plumber who installed it in the first place to come and look at it now this fecker is a lazy waste of oxygen and from the 11th until 17th all I got was answer machine, however did ring the LL and went totally mental on the phone to him so today the plumber turns up said boiler broken no **** sherlock ???? and we need a new one so he has to get in touch with Baxi to order a new one

its been 24 days without heating if i wasnt fuming i'd be cold :cool:


so if i am asking for consideration re compensation what do ppl think is reasonable to ask for then as most of you dont think doctors bills are acceptable

i have receipts for heaters 50euro in total
but what is reasonable to be deducted from rent for 24 days and counting of no heat when it clearly states in the lease and it is part of terms and conditions about rental property being fit for purpose to supply heat???

OP: Although it doesn't address your lease issue, have the gas man check there is no gas leak external to the house - eg at the meter. This can cause the boiler to malfunction - I am speaking from experience after dropping 2 grand on a boiler only to find out a leak at the meter was interrupting floe. New meter fixed the problem.

edellc

will get him to check this out that is if he bothers to answer his phone or even turn it on would be a start
oh and since he arrived earlier this week for all of five minutes to say "oh boiler is broken baxi need to order a new one i'll install it" we have heard nothing not a thing from boiler guy or LL just brilliant day 28 and still not heat i tell ya if either of these two cowboys had a brain cell they'd be dangerous
threshold dont want to get involved just yet as it may make situation worse :eek: how much worse can it get ?????