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If rented accomodation need repair, legally fix yourself and deduct from rent?

  • 03-01-2012 12:43pm
    #1
    Registered Users, Registered Users 2 Posts: 1,865 ✭✭✭


    Let's pretend you're in a private rented accomodation and the cooker (or some other part of the accomodation that's pretty important) breaks. You've informed the landlord about it and they haven't fixed it yet.

    I remember hearing that after you do some form of procedure and wait a certain amount of time that you are then legally allowed to tell the landlord that you are replacing/fixing the item, do it on your coin, then deduct that money from the rent. Is this true?

    I know landlords are legally required to fix things like this, and you can go to the PRTB or the Local Authority etc., but is it true that you are allowed to fix it yourself and 'charge' the landlord? If so, what act/S.I./section would this be under? (Quoting Acts of the Oireachtas is usually helpful)

    This isn't a problem I have now. It's something I've heard and I wonder if it's true. I can't find any sources.


Comments

  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    Thye short answer is you have no legal right to fix or replace something and deduct from rent ever.

    Obviously every circumstance is different but there is in most cases a legal obligation on the landlord to repair / replace something but you can never take it upon yourself to do so.


  • Closed Accounts Posts: 558 ✭✭✭rcdk1


    2004 Residential Tenancies Act
    Section 12: Obligations of the Landlord
    (1)(g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied

    (i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and

    (ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—
    (I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or
    (II) a significant reduction that those matters caused in the quality of the tenant’s or other such occupants’ living environment,


  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    rcdk1 wrote: »
    2004 Residential Tenancies Act
    Section 12: Obligations of the Landlord

    well you learn somthing new every day. thanks


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    You can pay for it, but you can't take if from the rent. Otherwise people would abuse it and spend the entire rent on stuff for the property. Probably the better route if a LL refuses to fix things, is to give proper notice and move to a decent LL. a lot of LL let this slide though. So by continuing to rent from them, they've no incentive to get their act together.


  • Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    There are professional landlords out there and if they are not builders themselves they probably have a few contacts around who do a job cheaply

    So always tell the landlord, they then have the option how to get it fixed

    Unless it's an emergency, the landlord can't be contacted and last nights wind blew off your screen door or the local scum tried to push in your door.
    Then get it fixed, ask questions later

    Case by case basis OP


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