Fire risks, but landlord refuses to fix, or to return deposit.

CuriousG

Hi there.
I was just wondering if anyone could advise me? I am unsure if this is the right section or not, so apologies if it is.

A month ago we moved into an apartment (month to month lease) and as there was a number of problems, we were promised that they would all be fixed in a number of days. Despite asking repeatedly nothing was done. A few days in, mould started coming up on everything in the bedroom, and we discovered some damp (was painted over but has come through again) I have had to go to the doctor numerous times with respiratory problems. The sockets don't work in the bedroom, and the heater is broken (which we couldnt have possibly known in the viewing, I regret not asking but I presumed it was a given....) The heaters do not work anywhere (bar one in the living room) and the sockets there don't work either, and my boyfriend got a minor shock from them, and it was making buzzing noise with sparks. As this is a fire hazard (also the building has no fire exit, and is four story) we called the agent straight away asking her if the landlord would fix it...after a few hours of trying to get hold of him, he said he wouldn't, and we said ok could we move out with our deposit (which is legal, under the tenancy act of 2004 stating the landlord must repair anything that makes conditions substandard etc) and he said no you can't have it, get out by friday (which is three days away) With no deposit, and three days, it is either be homeless,or live in a huge hazard, and I cannot afford to keep missing days and going to the doctor.

Is there anything I can do? Can we report him to anyone (council, prtb etc??) Has anyone been in a similiar situation?

I really need help, fast, so any replies would be appreciated.

Thanks.

ABajaninCork

I'm no expert, but is there a chance you can call Threshold to get advice?

Have a read of this as well. Might give you some pointers...

http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

Found this as well: http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

odds_on

This thread may be better in Accommodation and Property?

Irrespective of whether you have a Fixed Term lease, a Part 4 lease or a Periodic lease, the form you follow is:

Always put your complaints/requests in writing (keep a copy) and give the landlord "a reasonable time" (usually 7 to 14 days) to replace/repair same. Failure by the landlord to fulfill his obligations to repair/replace allows you to issue the LL with a Notice of Termination which must be done in the prescribed manner, see PRTB site. On or before the expiry of the notice period is over you are entitled to leave with your deposit (provided you haven't damaged anything) intact.

As regards the heating, the law states:

7. Heating Facilities
7. (1) Every room used, or intended for use, by the tenant of the house as a habitable room shall contain:
(a) a permanently fixed appliance or appliances capable of providing effective heating,
(b) suitable and adequate facilities for the safe and effective removal of fumes and other products of combustion to the external air.
(2) The operation of any appliance referred to in sub-article (1)(a) shall be capable of being independently manageable by the tenant.

Ref: S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 and the Housing (Standards for Rented Houses)(Amendment) Regulations 2009.


Having your evidence (as regards making complaint and time given to repair) in written form helps you in case either tenant or landlord makes a claim with the PRTB. Text messages and e-mails are not as good, while phone calls are pretty worthless especially when dealing with landlords or their agents (letting agencies/ estate agents acting as the landlord's agent. Phone calls seem to be in a large number of cases useless, but useful for a first contact followed by a written note/ letter which could start "with reference to our phone call today ......"

CuriousG

Thank you guys.

We have pictures of everything, wrote a latter to the landlord to cover us legally, I asked threshold and they said they couldn't do anything until an enivronmental officer inspects the place, but there is no way we can get that in short notice ( will still do it, but it doesn't help in regards to our deposit)

We cannot bare staying there, it is a death trap, so we have borrowed a deposit (extremely hard, our families are by no means well off )

But I will still file any complaints I can, there is no way it is fit to live in, and he has admitted someone else will move in after us.

Some people have no shame, one of these days, there will be deaths on his conscience if god forbid a fire breaks out..