Ventilation in rented apartment poor and windows 30 years old with condensation

rocksteady36

I recently moved into an apartment in an old block of apartments. The windows are so old and they do not keep out cold and are covered with condensation.

There is no ventilation in the rooms except the windows. I have a dehumidifier but have read they are not healthy to use too much..

I have read elsewhere that the building regulations state there must be ventilation in the rooms. My neighbour told me about the windows the day I moved in, all the apartments have same windows...

Does anyone know if I can make the landlord put in vents and replace the windows...

Thanks.

234

Get a solicitor.

rocksteady36

Thanks for replies, don't think I will pay for a solicitor, I will research it myself. Thought people here could help with the research. Threshold will probably have good advice cheers

coylemj

rocksteady36 wrote: »

Does anyone know if I can make the landlord put in vents and replace the windows...

You 'recently' moved into the apartment so you were able to see what you were walking into, it's not like the place has gradually deteriorated over time into an uninhabitable state for want of maintenance. How do you think you have a legal right to demand that the landlord upgrade the accommodation when you only recently viewed the place and agreed to rent it?

Sorry for the lack of sympathy but with the current oversupply of rental properties on the market I find it peculiar that you managed to get yourself a substandard apartment when there are so many good ones lying empty.

rocksteady36

coylemj wrote: »

You 'recently' moved into the apartment so you were able to see what you were walking into, it's not like the place has gradually deteriorated over time into an uninhabitable state for want of maintenance. How do you think you have a legal right to demand that the landlord upgrade the accommodation when you only recently viewed the place and agreed to rent it?

Sorry for the lack of sympathy but with the current oversupply of rental properties on the market I find it peculiar that you managed to get yourself a substandard apartment when there are so many good ones lying empty.

Its not a substandard apartment, its very nice. just never checked for ventilation, who actually thinks of this when moving if they never had this problem before. Besides I am a great tenant, I painted my last place.

Legally I have read that the building regulations have stated that you must have air vent in each room, just going to clarify this with threshold..Mould and condensation etc lead to more chest infections and colds..Also my landlord seems sound enough and I dont think they will have a huge problem with putting in a couple of vents.

May be there are tons of apartments but do you think I am going thru the whole process of moving right again...

I think you are what they call a troll! Get a life man! please don't bother contributing any more pearls of wisdom, may be your a landlord...

Just read legal memo on another site sent to all practising solicitors that if a landlord does not produce a BER Cert when signing a lease then the tenant can break the lease at any time, the lease is null and void. Cheers anyway...

Ken.

Check out the private rented tenant's board. Did you and the landlord register the tenancy when you moved in. They take a dim view to landlords flouting the rules.
https://www.prtb.ie/
You might find answer's there

loremolis

If the windows are 30 years old then they are single glazed.

If the windows are 30 years old then the apartment is 30 years old and the building regulations of 30 years ago didn't require vents to every room.

If you want to solve some of the condensation problem....open the window. Condensation is caused by the occupant of the building not by the building itself.

If you want to solve the cold problem....turn on the heating.

As for getting the landlord to put in vents and change the windows that were there when you signed the lease...good luck with that.

rocksteady36

loremolis wrote: »

If the windows are 30 years old then they are single glazed.

If the windows are 30 years old then the apartment is 30 years old and the building regulations of 30 years ago didn't require vents to every room.

If you want to solve some of the condensation problem....open the window. Condensation is caused by the occupant of the building not by the building itself.

If you want to solve the cold problem....turn on the heating.

As for getting the landlord to put in vents and change the windows that were there when you signed the lease...good luck with that.

Was that help or just condescending crap. The effort put into your post, it tells alot about your feelings of superiority. Why do ppl feel the need to be condescending or just rude, thats hypothetical

Thanks to the rest who posted without the bulsht

OMG Its EoinD

rocksteady36 wrote: »

Was that help or just condescending crap. The effort put into your post, it tells alot about your feelings of superiority. Why do ppl feel the need to be condescending or just rude, thats hypothetical

Thanks to the rest who posted without the bulsht

Look don't be coming on here bitching at posters. If you have a problem with the way someone is. There are ways of doing that that don't involve bitching at people.

You didn't inspect the apartment fully , that is your fault. Not ours.

rocksteady36

Im_EoinD wrote: »

Look don't be coming on here bitching at posters. If you have a problem with the way someone is. There are ways of doing that that don't involve bitching at people.

You didn't inspect the apartment fully , that is your fault. Not ours.

Its astounding the ignorance of some ppl..My point was why do ppl feel the need to post to put ppl down...Why put the effort in to be rude...And if you read the thread, i did not come on here to bitch at ppl, thats just manipulating the facts..Cyber bullying lol

Pkiernan

OP,

contrary to one of the posts above the LL is REQUIRED by law to have ventilation in the form of a permanent vent or fan in all sleeping rooms, kitchen and bathrooms. This is irrespective of the age of the building.

Although you cannot force him to do this, your local EHS Officer can.

Call up your local Council and request an inspection of your dwellling.

They will inspect it, report any shortcomings to the LL and force him to rectify them. He will be given 28 days from the date he receives the report to make any repairs.

Pkiernan

loremolis wrote: »

If the windows are 30 years old then they are single glazed.

If the windows are 30 years old then the apartment is 30 years old and the building regulations of 30 years ago didn't require vents to every room.

If you want to solve some of the condensation problem....open the window. Condensation is caused by the occupant of the building not by the building itself.

If you want to solve the cold problem....turn on the heating.

As for getting the landlord to put in vents and change the windows that were there when you signed the lease...good luck with that.

The landlord is required to provide adequate ventilation to modern regulations.

The tenant cannot sign away the LL obligations.

loremolis

Pkiernan wrote: »

The landlord is required to provide adequate ventilation to modern regulations.

What modern regulations exactly?

Since when do the Building Regulations apply retrospectively?

If the building is (at least) 30 years old then an openable window was all that was required back then.

In relation to the OP's comments about my earlier post, I am not being condescending or unsympathetic, I was simply stating fact.

Condensation is caused by the occupant, a building does not cause condensation it simply reacts to it.

A simple way of getting rid of condensation where there is inadequate or no ventilation is to open the window.

Your problem is that you've signed a lease and unless the landlord is Mother Theresa's brother from another mother you'll have a hell of a time getting these problems fixed.

The clear option was made in another post. If the landlord has not provided a BER cert then thats your best point of attack. If you want out of there then look for the cert and if you don't get one threaten to report him/her if they don't let you out of you lease.

And do it all in writing.

rocksteady36

I only mentioned BER Cert because I thought it was a landlord posting, but of course I know how condensation works etc..Thanks for your input as you were being genuine...

Pkiernan

loremolis wrote: »

What modern regulations exactly?

Since when do the Building Regulations apply retrospectively?

If the building is (at least) 30 years old then an openable window was all that was required back then.

In relation to the OP's comments about my earlier post, I am not being condescending or unsympathetic, I was simply stating fact.

Condensation is caused by the occupant, a building does not cause condensation it simply reacts to it.

A simple way of getting rid of condensation where there is inadequate or no ventilation is to open the window.

Your problem is that you've signed a lease and unless the landlord is Mother Theresa's brother from another mother you'll have a hell of a time getting these problems fixed.

The clear option was made in another post. If the landlord has not provided a BER cert then thats your best point of attack. If you want out of there then look for the cert and if you don't get one threaten to report him/her if they don't let you out of you lease.

And do it all in writing.

Your post is incorrect, and it will harm the OP. You should not speak of things that you do not know.

To answer your question:

Housing Act 1966 - 2004

Housing (Standards for Rented Houses) Regulations 1993

Article 9(2).


Bedrooms:
Permanent ventilation, either by means of the flue of an open fireplace or by means of one or more venitlation openings having a total unobstructed sectional area of not less than 4,000 square millimetres and opening directly to the external air, must be provided.

This is not just a bedroom window!

Additionally, OP, for bathrooms:

Article 7(1)(a) requires that bathrooms shall have a source of space heating.

For example a radiator, fan heater etc.


These regs were introduced to prevent formation of condensation.



Loremolis, you should really stop posting in this thread, unless you are willing to do some research as to the facts and law, as opposed to just relying on a misinformed opinion. If a dwelling is rented, then the Landlord is bound by laws other than the Building Regs of the time of construction of the dwelling.

These laws will change in the future too. For example SI 534 of 2008 requires that each rented house have a smoke detector. Guess what, they didn't have smoke detectors in 1966 either!

To tell the OP that he cannot get the problems repaired is totally irresponsible, and you should retract those statements and admit you are mistaken.



OP:

Here is an example of a letter that your Landlord might receive from the EHS, detailing his responsibilities, and the consequences of failing to remedy any problems found during an inspection:



"The Articles referred to are Articles 5, 7(1)(a) and 9(2) of the Housing (Standards for Rented Houses) Regulations 1993 (S.I. No. 147 of 1993), as made by the Minister of the Environment in exercise of powers conferred on him by Section 5 of the Housing Act 1966, as amended by Section 24 of the Housing (Miscellaneous Provisions) Act 1992, and by Section 18 of the Housing (Miscellaneous Provisions) Act 1992, which are enforced by Dublin City Council (hereinafter called the Housing Authority).

Please be advised that if you make a default in complying with the said Regulations, you may become liable to a criminal prosecution and on conviction may be liable to a penalty of not exceeding €3000 and in the case of a continuing offence to a further penalty of not exceeding €250 per day for each such default.

The regulations are abridged overleaf and copies of the same can be obtained from the Government Sales Office, Sun Alliance House, Molesworth Street, Dublin 2.

If the said contraventions are not remedied within a period of 6 weeks from the date of this letter, a criminal prosecution may be commenced, the consequences of which are set out above."


So, OP, you do not need to have Mother Theresa as a Landlord. If the dwelling is in violation of the regulations, then your LL will have 6 weeks after an inspection to remedy them. If not he will face criminal prosecution.

Please ignore the bad advice others have given. You are entitled to a safe, clean environment in which to live, and signing a lease cannot negate this right.

Hope this helps you.

MagicSean

Pkiernan wrote: »

Your post is incorrect, and it will harm the OP. You should not speak of things that you do not know.

Probably why the charter forbids legal advice.

loremolis

Pkiernan,

Thank you for the clarification. I was clearly mistaken in relation to the landlords obligation to provide ventilation.

Your post suggests that the OP should take this on by reporting the landlord to the housing/local authority and let them take him to court if he/she won't provide the required ventilation.

My suggestion to the OP, however badly worded in my earlier post, was to run a mile from taking on the landlord over this. Even if the landlord is obliged to provide the ventilation I stand over this suggestion.

Even if the OP, through the housing/local authority, manages to force the landlord to provide the ventilation, that doesn't solve the issue with the (single glazed?) windows or even guarantee that the condensation problem. Also, it won't do the the landlord/tenant relationship much good.

I'm not for a minute suggesting that the landlord is in the right or that he/she should not provide what the minimum requirements of the regulations, I'm saying who needs the hassle of taking this on when it will likely not resolve the main problem and probably create a whole lot more.

If the OP wants out of there, then the lack of a BER cert stands out to me as the main reason that the landlord would have to allow the OP out of the lease.

If the OP doesn't want the hassle of moving then thinks that moving would be more hassle than taking on the landlord then by all means report the problem and see what happens.

rocksteady36

Pkiernan wrote: »

Your post is incorrect, and it will harm the OP. You should not speak of things that you do not know.

To answer your question:

Housing Act 1966 - 2004

Housing (Standards for Rented Houses) Regulations 1993

Article 9(2).


Bedrooms:
Permanent ventilation, either by means of the flue of an open fireplace or by means of one or more venitlation openings having a total unobstructed sectional area of not less than 4,000 square millimetres and opening directly to the external air, must be provided.

This is not just a bedroom window!

Additionally, OP, for bathrooms:

Article 7(1)(a) requires that bathrooms shall have a source of space heating.

For example a radiator, fan heater etc.


These regs were introduced to prevent formation of condensation.



Loremolis, you should really stop posting in this thread, unless you are willing to do some research as to the facts and law, as opposed to just relying on a misinformed opinion. If a dwelling is rented, then the Landlord is bound by laws other than the Building Regs of the time of construction of the dwelling.

These laws will change in the future too. For example SI 534 of 2008 requires that each rented house have a smoke detector. Guess what, they didn't have smoke detectors in 1966 either!

To tell the OP that he cannot get the problems repaired is totally irresponsible, and you should retract those statements and admit you are mistaken.



OP:

Here is an example of a letter that your Landlord might receive from the EHS, detailing his responsibilities, and the consequences of failing to remedy any problems found during an inspection:



"The Articles referred to are Articles 5, 7(1)(a) and 9(2) of the Housing (Standards for Rented Houses) Regulations 1993 (S.I. No. 147 of 1993), as made by the Minister of the Environment in exercise of powers conferred on him by Section 5 of the Housing Act 1966, as amended by Section 24 of the Housing (Miscellaneous Provisions) Act 1992, and by Section 18 of the Housing (Miscellaneous Provisions) Act 1992, which are enforced by Dublin City Council (hereinafter called the Housing Authority).

Please be advised that if you make a default in complying with the said Regulations, you may become liable to a criminal prosecution and on conviction may be liable to a penalty of not exceeding €3000 and in the case of a continuing offence to a further penalty of not exceeding €250 per day for each such default.

The regulations are abridged overleaf and copies of the same can be obtained from the Government Sales Office, Sun Alliance House, Molesworth Street, Dublin 2.

If the said contraventions are not remedied within a period of 6 weeks from the date of this letter, a criminal prosecution may be commenced, the consequences of which are set out above."


So, OP, you do not need to have Mother Theresa as a Landlord. If the dwelling is in violation of the regulations, then your LL will have 6 weeks after an inspection to remedy them. If not he will face criminal prosecution.

Please ignore the bad advice others have given. You are entitled to a safe, clean environment in which to live, and signing a lease cannot negate this right.

Hope this helps you.

Cheers, I look into this and talk to local EHS Officer, then if its possible I will get him to get the property management company to do the whole block lol, that should reduce landlords bill, and help out the neighbours, cheers..

superrdave

If you refer a dispute to the prtb (which you can do whether the tenancy is registered or not) and provide plenty of evidence (photos etc) they could award you some form of damages / force the landlord's hand.

Of course, the first thing to do is talk to your landlord and see what his attitude is.

Pkiernan

loremolis wrote: »

Pkiernan,

Thank you for the clarification. I was clearly mistaken in relation to the landlords obligation to provide ventilation.

Your post suggests that the OP should take this on by reporting the landlord to the housing/local authority and let them take him to court if he/she won't provide the required ventilation.

My suggestion to the OP, however badly worded in my earlier post, was to run a mile from taking on the landlord over this. Even if the landlord is obliged to provide the ventilation I stand over this suggestion.

Even if the OP, through the housing/local authority, manages to force the landlord to provide the ventilation, that doesn't solve the issue with the (single glazed?) windows or even guarantee that the condensation problem. Also, it won't do the the landlord/tenant relationship much good.

I'm not for a minute suggesting that the landlord is in the right or that he/she should not provide what the minimum requirements of the regulations, I'm saying who needs the hassle of taking this on when it will likely not resolve the main problem and probably create a whole lot more.

If the OP wants out of there, then the lack of a BER cert stands out to me as the main reason that the landlord would have to allow the OP out of the lease.

If the OP doesn't want the hassle of moving then thinks that moving would be more hassle than taking on the landlord then by all means report the problem and see what happens.

Hi Loremis,

I apologise for coming across too strongly.

You are right in that it is very unlikely that the LL has provided the tenant with a BER Cert.
I am not sure if the lack of a BER allows a tenant to break a lease.

In this circumstance, I would also recommend that the tenant simply leave, ask for his/her deposit back, and if refused, follow up with the EHS, the PRTB or the SEAI (re. the BER) issues.

Cheers!

,mnb

Some pretty woeful and desperately arrogant advice here until Pkiernan sorted it out.
Ventillation is vital. it stops you dying from carbon monoxide poisoning among other things.
Ask for vents to be done. If not report to EHS. Landlord will find it very hard to oust you in these circumstances with the PRTB there to adjudicate.

kkelliher

I would wonder what the level of enforcement is in this instance by the EHS on a private tenancy situation. I would assume a promtp response from them on a council letting but I would like to know in this context.

I would believe that if a BER cert was not provided the tenancy would be void but I would have to read the BER legislation to confirm.

Procrastastudy

,mnb wrote: »

Some pretty woeful and desperately arrogant advice here until Pkiernan sorted it out.
Ventillation is vital. it stops you dying from carbon monoxide poisoning among other things.
Ask for vents to be done. If not report to EHS. Landlord will find it very hard to oust you in these circumstances with the PRTB there to adjudicate.

I'm sure some 15 months on that will come as a comfort to everyone.

loremolis

,mnb wrote: »

Some pretty woeful and desperately arrogant advice here until Pkiernan sorted it out.
Ventillation is vital. it stops you dying from carbon monoxide poisoning among other things.
Ask for vents to be done. If not report to EHS. Landlord will find it very hard to oust you in these circumstances with the PRTB there to adjudicate.

I told the OP to insist on ventilation 15 months ago, Pkiernan said that wasn't possible.

I said that the OP shouldn't challenge the landlord directly on the matter but should use the lack of a BER cert to get out of the place.

Thanks for your support albeit 15 months later.