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Should I be compensated? Landlord roars NO...

  • 01-12-2011 12:34pm
    #1
    Registered Users, Registered Users 2 Posts: 108 ✭✭


    I moved into an apartment with some friends in college. We're fourth years, relatively quiet and the apartment is neat and tidy just like the way we got it. However, for the last number of weeks water has been dripping through my ceiling whenever my housemate in the room above me uses his shower. I complained twice and they painted over the dampness. This week they came to the counclusion that the ceiling might collapse and work will need ot be carried out. They decided I couldnt stay in the room and offered me a room in another apartment with 5 random people. I didn't want to move into this apartment and decided to move into a friends house. Would I be entitled to compensation for the weeks I don't stay there?
    I don't want to go on and on but when I complained to the landlord he got pure defensive and started shouting, I couldn't get a word in with him constantly rantin on and on about how this is none of his fault. he said legally he is not obliged to compensate me cause he offered me another place but I dont want to move into that other place and the whole thing is an annoyance so just told him i would move in with a friend until it was fixed.. Any way it would be great if anyone could give me advice with regards the compensation part.

    Kind regards,
    Jack


Comments

  • Registered Users, Registered Users 2 Posts: 108 ✭✭IrishJack89


    Sorry I left out the fact that I paid him for the whole semester in september so basically i am paying for these weeks that I'm not staying there..


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    My understanding is that he isn't liable for compensation for your situation. He has offered alternate accomodation, which was good of him.

    Hopefully he can get the whole matter fixed quickly.


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    You effectively refused the compensation he offered. It was a resonable offer. He didn't need to shout at you but people can get annoyed when they shouldn't.

    Don't think he has to offer you anything else and I can see why he would be annoyed but shouldn't have reacted as he did.


  • Registered Users, Registered Users 2 Posts: 2,518 ✭✭✭OS119


    no, i can't see how you could reasonably expect to be compensated once the LL offered you the use of suitable (and by suitable i mean in a decent state of repair, location, facilities etc..) accomodation. this however is predicated on the work taking between a few days and a week or so - 6 weeks would be a different kettle of fish.

    if he offered accomodation that was 200 miles away, or had 3 people to a room, or had water pouring through the light fitting, then you'd be in a different situation entirely, but i don't see why the LL should conpensate you just because you don't like the other people there.


  • Registered Users, Registered Users 2 Posts: 11,647 ✭✭✭✭El Weirdo


    As has already been mentioned you were offered suitable alternative accommodation and you refused.

    Why would you be entitled to compensation?


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  • Registered Users, Registered Users 2 Posts: 326 ✭✭marathont


    Probably unrelated, but in consumer law if the product is defective, you are entitled to a refund or repair or replacement. its up to the buyer which. You can't just expect someone to move in with a bunch of strangers if they don't want to.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    of course you should be compensated
    alternative accomodation with people you don't know is not suitable


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer


    marathont wrote: »
    Probably unrelated, but in consumer law if the product is defective, you are entitled to a refund or repair or replacement. its up to the buyer which. You can't just expect someone to move in with a bunch of strangers if they don't want to.
    Not related to residency laws. Yes you can expect people to take alternative accomadation if they are currently in a house share. It is within reason a blanket refusal and looking for other compensation is not a compromise.Compensation offerd and refused nothing else to it.


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    marathont wrote: »
    Probably unrelated, but in consumer law if the product is defective, you are entitled to a refund or repair or replacement. its up to the buyer which.
    Wrong, it is for the supplier to decide. It only becomes the buyers choice if previous efforts have been exhaustive.

    I think both parties need to strike a balance.

    The leak may not be the landlord's fault, but it would appear to be his responsibility.


  • Registered Users, Registered Users 2 Posts: 108 ✭✭IrishJack89


    Much appreciated for the reply guys but would the fact that I have given him a cheque that covers my entire rent from August 29th to January 15th allow me to be compensated(have my rent returned) for these days that I am not staying in the accommodation in question?


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  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    what does whatever you signed when you payed in advance say?


  • Registered Users, Registered Users 2 Posts: 659 ✭✭✭wazzoraybelle


    I would definitely look into getting reimbursed for the weeks that your room is uninhabitable.

    It's totally unacceptable imo to consider moving in with total strangers to be an alternative solution. If he offered you a one bed apartment til the necessary works are completed I would think you would have to accept but who is to say that these strangers are trustworthy, respectful of your possessions, or won't throw parties every night til christmas? certainly not your landlord.

    Look for a refund and stick to your guns, and if the work won't be completed by the end of your lease get your deposit back now.

    I don't know if you have a tenancy or are just a licensee, but give threshhold a ring tomorrow and they will let you know what your rights are and what recourse you can take.
    Good luck
    Wazzo


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