Landlords responsibilities.

Billy Bunting

I posted this in the accomodation forum but it's just slipping away so do any of you lads have the answer?

I just rented a house in Dublin for my 2 sons, after i had paid the deposit and sign contract, i was asking the Landlord how to operate the gas boiler and when was it last serviced only to get the response that he didnt have a clue and it was the responsibility of the tenents anyway, is this really the case, do Landlord not have a duty of care when it comes to gas ?? do they not have to have a safety cert before they can rent ??

Cheers!

JohnnieK

It is the Landlord's responsibility Under instrument SI:534 of the Housing regulations of 2008 (Standerds for rented houses) to ensure the gas installation and appliances are maintained in good repair and safe working order.

heinbloed

....and it is up to the operator to make sure that the equipment is safe and that he is capeable to operate it in a safe manner.

A lack of responsibility of the landlord is only being fined as such. An accident causing demage (or a high fuel bill) must be prevented by the operator of the boiler.

For example by using the boiler only if the safety certificate can be shown and the operator's manual being present.
An unheatable home (due to lack of boiler safety) is no home. So no rent to be paid for. Read the rental contract.

The same goes for any tool or equipment: if the operator can't operate it safely he should not do so. No matter what the owner thinks about it.

paddy147

The landlord is legaly responsible for the servicing and maintanance of the heating system in the property.

The landlord also must get an RGI installer to service the boiler every year.A cert also must be provided and shown to show that the boiler has been serviced and is working too.

If the boiler needs to be replaced,then its the landlords responsibility too.

The landlord must also LEGALY have and show you a BER cert too for the property that you are renting.

I hope you asked to see the BER cert??

Billy Bunting

In the "Agreement" under "To Repair" it states.....

To keep good the interior of the premises including the glass in the windows, all locks, sash cord, electric, gas and other fittings and installation and all additions thereto and all drains, sanitary fittings, appliances and pipes in good order and tenantable repair ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

JohnnieK

Doesn't matter Billy the legislation I posted is LAW and the agreement might be older than 2008 therefore should have been updated.

Billy Bunting

Thanks for the clarification chaps, i'll throw that back at the Landlord and make him get a Annex E done ASAP and take it from there.

Marcanthony

DEFO YES TO THE ANSWER OF YOUR QURIE. A LAD I KNOW HAS RECENTLY GOT A CONTRACT FROM A LOCAL AUTHORITY TO SERVICE BOILERS FOR LOCAL AUTHORITY TENNANTS EACH YEAR. I HAVE RENTED PROPERTY AND I DO EVERY YEAR.ITS PART OF THE BUILDING NOT THE CONTENTS AND THE LANDLORD OWNS ALL THE BUILDINGS AND HAS TO MAINTAIN THE BUILDINGS AND YOUR NOT RESPONSIBLE FOR WEAR AND TEAR.

paddy147

Marcanthony wrote: »

DEFO YES TO THE ANSWER OF YOUR QURIE. A LAD I KNOW HAS RECENTLY GOT A CONTRACT FROM A LOCAL AUTHORITY TO SERVICE BOILERS FOR LOCAL AUTHORITY TENNANTS EACH YEAR. I HAVE RENTED PROPERTY AND I DO EVERY YEAR.ITS PART OF THE BUILDING NOT THE CONTENTS AND THE LANDLORD OWNS ALL THE BUILDINGS AND HAS TO MAINTAIN THE BUILDINGS AND YOUR NOT RESPONSIBLE FOR WEAR AND TEAR.

We hear you loud and clear there.


Turn off your cap locks.

DoneDL

As JohnnieK says the landlord is responsible, but are you sure you want to rent of someone like that. The regs are enforceable in law I would run it by the local Building Control Officer.
Added.I wonder if it`s worth running it by RGI or Bord Gais.

knighted_1

http://www.rgii.ie/safety/renting-tenants-landlords.2710.html

Billy Bunting

I can see it all clearly states Landlords have a responsibility but it doesn't say at there expense that is the question.

paddy147

Billy Bunting wrote: »

I can see it all clearly states Landlords have a responsibility but it doesn't say at there expense that is the question.

Are you serious or what?????

Its being stated to you a few of us here,in black nd white now.

What do you think a landlord is for and does????

Ring up and ask all the estate agents,even ring up and ask Dublin City Councils Housing department or the PRTB,if you are really that miffed and dont believe us here..

Joey the lips

Under contract law a landlord cannot enforce an illegal contract. There are certain things that are statuatory in law. For example a landlord cannot make you sign a contract saying you will service the boiler. As its a requirement of law that the land lord does it must be checked by the landlord.

The landlord also has other legal obligations such as fitting a working smoke alarm etc.

It does not matter what you sign. Certain laws are not enforcable if they are against the statutes.

Landlord must service boiler. Provide a record of service and carry out necessary electrical safety checks on all aspects of electricity.

You cannot refuse to pay rent because of this issue but I reckon there is a way that you can write a letter to him telling him that you are not happy that safety checks have been done. That you are going to get them done. You will be paying on behalf of the landlord but will be deducting the amount from your rent. You will also provide a copy of the receipts to prove you had the work done.

Focus point or some other housing association can advise you on this.

Billy Bunting

Joey the lips wrote: »

Under contract law a landlord cannot enforce an illegal contract. There are certain things that are statuatory in law. For example a landlord cannot make you sign a contract saying you will service the boiler. As its a requirement of law that the land lord does it must be checked by the landlord.

Thanks Joey, thats clearer now.

Wind ya neck in Paddy, it wasn't a case of not believing but being 100% clear.

heinbloed

Maybe worth further information or discussion:

Joey the lips wrote:

You cannot refuse to pay rent ......

The consumer laws allow to withhold payments for all services and products, not paying for an unwanted service or product is the consumers only weapon against dodgy landlords. A fundamental part of the civil legal system of the entire world as such.
This includes housing.

One needs to warn the partner before that (here:the landlord), of course, setting the time limits until when the problem must be solved. Only if there is no answer then payment witholds should be enforced.

Check with the consumer organisations.

Joey the lips

heinbloed wrote: »

Maybe worth further information or discussion:

Joey the lips wrote:



The consumer laws allow to withhold payments for all services and products, not paying for an unwanted service or product is the consumers only weapon against dodgy landlords. A fundamental part of the civil legal system of the entire world as such.
This includes housing.

One needs to warn the partner before that (here:the landlord), of course, setting the time limits until when the problem must be solved. Only if there is no answer then payment witholds should be enforced.

Check with the consumer organisations.

You cannot refuse to pay rent. You can refuse to accept the dangerous condition of a building, pay to have it remedied if the landord does not in a reasonable time but you cannot refuse to pay rent.

The consumer association will confirm this verbally if you wish to check. I have had to check on many occasions.

paddy147

Billy Bunting wrote: »

Thanks Joey, thats clearer now.

Wind ya neck in Paddy, it wasn't a case of not believing but being 100% clear.

Wind my neck in you say???


Why dont you open your ears and eyes then and read listen to what you are told.Do your homework before you go and rent/become a tennant in a property.

Is your landlord registered with the PRTB and has he shown you all the paperwork and a BER cert aswell??????

Does he have at least 2 mains wired smoke alarms in the house or else 2 battery operated 10 year lifespan (Fire Angel) smoke alarms fitted.

Does he have a fire blanket and/or an extinguisher in the kitchen area.

Have you made sure that stuff like this is provided in the property that you are renting???

Because hes either the thickest landlord in the world or else hes being shady and trying to fob you off.




Ring Dublin City Council and ask to be put through to the Housing department and then the "RAS" section and ask them to send you out a booklet on what is required of a private landlord and a property.

That will open your eyes right up.

Joey the lips

Paddy/Billy you dont need to go on with this. I will have to close the thread if this continues.