Absent landlord and problems unaddressed

Crosswalk

Hi guys,

I'm currently renting a flat in a apartment with 6 complexes. Our landlord has fecked off to Australia and no one is sure when he'll be back. Being in Australia, he is uncontactable. Before he left, he told one of our tenants that when we paid for our oil heating, we could take it out of our rent money. However, because there seems to be no caretaker at all in this place, I've been saddled with the tasks of getting money off people for oil. The problem is that two of the apartments are refusing to pay. I'm sitting at home, dying of the flu and having to write my final year dissertation and, on top of all that, sort this crap out. What should I do? The four apartments who have paid have decided that we will ask someone to cut off the two who haven't and then when they pay they can have their heating back. However, I'm still expected to do all this and no one is willing to take the burden off me. What should I do? What are my rights here? Should the landlord be doing all this?

Victor

Buy the oil. Deduct the full cost of the oil from your rent. Let the landlord deal with the non-payers, its not your responsibility to chase others (ask yes, chase no).

Crosswalk

Thanks for your reply, Victor. The problem is, however, the tenants that don't pay especially one apartment in particular, have been very accusatory towards me and I believe that they may become aggressive if their heating is cut off. In addition, they may claim that this is very short notice, considering that I sent a message around yesterday, asking for the contribution. However, the reason for this urgency is that there is an old woman living here and we also need oil for our showers to work. Are they within their rights to refuse to pay so suddenly? I understand that some people may not be able to afford that much so soon but the other four apartments will suffer without heating for no reason if I don't. As I'm typing this I can see my breath in front of me it's so cold.

seamus

Absolutely the landlord should be doing all of that. It is not your responsibility to manage any of the other properties and their rent.

However, there may be a bigger problem in that your landlord may not be declaring his income for tax purposes. As he is a non-resident landlord, it becomes your responsibility to withhold the tax amount from your rent and give it to Revenue.

The problem is that you have absolutely zero right to cut off service to one of the other units. However, as there is an agreement that money for the oil heating is deducted from rent, then it would seem appropriate that the 4 units who paid for the oil simply deduct further money from their rent.

For example, if a full tank fill comes to €1200, then that's €200 per unit. If two units refuse to pay, the cost for the remaining four units is €300. So deduct that from your rent. Keep a note of all of the tank fillings and the amounts paid by each unit.
You are doing nothing wrong, you are abiding by your agreement to deduct oil money from the rent.
Let the landlord chase up the €400 shortfall in rent from the other two units.

Although strictly speaking from your landlord's point of view, it doesn't matter which units pay for the oil as the balance of payments between rent and oil will be the same across the six units. You could even pay the entire oil bill yourself and deduct it all from your rent.

Victor

Crosswalk wrote: »

Thanks for your reply, Victor. The problem is, however, the tenants that don't pay especially one apartment in particular, have been very accusatory towards me and I believe that they may become aggressive if their heating is cut off.

Then don't cut them off. Ignore them. Landlord's problem. Potentially, take the money that you have and buy that much oil. You don't **have to** buy a whole tank (although it would be cheaper). Alternatively, buy a full tank and deduct it all from your next rent. Is February rent paid?

You are likely to need to have the boiler bled to get it running again. If you can't, the guy delivering the oil might be able to do this.

Crosswalk

I'm not going to ask to cut off the other apartments and I'll do what you said instead. Thank you guys for your help.

georgejetson

Invest in some kind of electric heaters for your own property and deduct the cost from your rent.

Only if this is legally possible.

Others may be able to confirm.If this can be done.

odds_on

seamus wrote: »

Absolutely the landlord should be doing all of that. It is not your responsibility to manage any of the other properties and their rent.

However, there may be a bigger problem in that your landlord may not be declaring his income for tax purposes. As he is a non-resident landlord, it becomes your responsibility to withhold the tax amount from your rent and give it to Revenue.
.........................

The landlord is also in breach of the landlord obligations for not supplying an contact particulars:

RTA 2004, The landlord shall:
12(f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

quietsailor

Crosswalk wrote: »

Hi guys,

I'm currently renting a flat in a apartment with 6 complexes. Our landlord has fecked off to Australia and no one is sure when he'll be back.

seamus wrote: »

However, there may be a bigger problem in that your landlord may not be declaring his income for tax purposes. As he is a non-resident landlord, it becomes your responsibility to withhold the tax amount from your rent and give it to Revenue.

Seamus, thats not strictly true, it looks like the landlord has gone abroad on holidays/visiting family. Witholding rent only applies if the LL is non-resident. OP - maybe you can clear that point up - is the LL gone on holidays or are they living full-time in Australia.

seamus wrote: »

For example, if a full tank fill comes to €1200, then that's €200 per unit. If two units refuse to pay, the cost for the remaining four units is €300. So deduct that from your rent. Keep a note of all of the tank fillings and the amounts paid by each unit.
You are doing nothing wrong, you are abiding by your agreement to deduct oil money from the rent.
Let the landlord chase up the €400 shortfall in rent from the other two units.

Although strictly speaking from your landlord's point of view, it doesn't matter which units pay for the oil as the balance of payments between rent and oil will be the same across the six units. You could even pay the entire oil bill yourself and deduct it all from your rent.

Thats a good idea, its not your job to chase money for heating unless the LL is employing you

quietsailor

odds_on wrote: »

The landlord is also in breach of the landlord obligations for not supplying an contact particulars:

Again this si not necessarily true;
Did the LL provide any numbers at all - I'm looking after a set of apartments in Cork for a friend of mine thats gone to Australia for a holiday (couple of months) and I stuck up notices with my number and the numbers of a plumber, electrician, handyman.

One/some tenant keeps taking them down because they are always gone when I go back. In this case the LL DID provide contact details, its the idiot in the complex that keeps taking them down is the problem.

OP where are you renting - it's not close to UCC in Cork is it?

odds_on

quietsailor wrote: »

Again this si not necessarily true;
Did the LL provide any numbers at all - I'm looking after a set of apartments in Cork for a friend of mine thats gone to Australia for a holiday (couple of months) and I stuck up notices with my number and the numbers of a plumber, electrician, handyman.

One/some tenant keeps taking them down because they are always gone when I go back. In this case the LL DID provide contact details, its the idiot in the complex that keeps taking them down is the problem.

OP where are you renting - it's not close to UCC in Cork is it?

A landlord is obligated to provide his or his agents contact particulars - it is written in law.
Sticking up notices in a complex with phone numbers is not providing the tenant with the particulars as required by law. Anyone could stick up a notice saying he was now the agent of the landlord - the next thing you know is that this "agent" then says that the rents should now be paid to him.

Furthermore, by giving tenants the phone number of the plumber, electrician or handyman could well cost the landlord a lot of money as the tenants can phone for any minor problem which could normally be remedied simply, without the need of an "qualified" person. There have been cases where a tenant will not change a light bulb - call out an electrician for that?

Personally, if I was living in a complex, I would not want notices stuck around the place - unsightly. Also probably against the Management rules.

quietsailor

odds_on wrote: »

A landlord is obligated to provide his or his agents contact particulars - it is written in law.
Sticking up notices in a complex with phone numbers is not providing the tenant with the particulars as required by law.
Personally, if I was living in a complex, I would not want notices stuck around the place - unsightly. Also probably against the Management rules.

There is no management agency nor is it a complex in the usual sense of the word - it's a very large house converted into six flats.
Seeing as most LLs barely give one number these 6 flats aren't doing too bad - they've gotten the numbers 3 times.

Also I'm not the agent, I'm not paid for anything. I'm just someone who lived there before and knows the most of the complex fairly well and agreed to hold the keys as his closest relatives live in Dublin, 3 hrs drive away. I don't think any person would like to wait in the rain for 3 hours when they lock themselves out for the person with the keys to arrive - they're lucky I'm willing to post my number up there

odds_on wrote: »

Furthermore, by giving tenants the phone number of the plumber, electrician or handyman could well cost the landlord a lot of money as the tenants can phone for any minor problem which could normally be remedied simply, without the need of an "qualified" person. There have been cases where a tenant will not change a light bulb - call out an electrician for that?

The electrician and lumber knows the LL longer than I do, they won't come out for a lightbulb they'll tell them to change it themselves. FFS are people completely incapable of doing anything these days

odds_on wrote: »

Personally, if I was living in a complex, I would not want notices stuck around the place - unsightly. Also probably against the Management rules.

As I said before its not a complex but as regards sticking notices up I would think there are notices all over most complexes - Fire notices, list of emergency numbers, garbage notices, rules and regulations etc - so these are emergncy contact numbers - whats the difference?

the groutch

I reckon you should withold paying any rent into the landlord's account for a couple of months, then he'll contact you quick enough, and you can get any issues sorted.

odds_on

There is no management agency nor is it a complex in the usual sense of the word - it's a very large house converted into six flats.
Seeing as most LLs barely give one number these 6 flats aren't doing too bad - they've gotten the numbers 3 times.

Also I'm not the agent, I'm not paid for anything. I'm just someone who lived there before and knows the most of the complex fairly well and agreed to hold the keys as his closest relatives live in Dublin, 3 hrs drive away. I don't think any person would like to wait in the rain for 3 hours when they lock themselves out for the person with the keys to arrive - they're lucky I'm willing to post my number up there

The Residential Tenancies Act clearly states the landlord's responsibilities:

(e) notify the tenant of the name of the person, if any, (the ‘‘authorised agent’’) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being,
(f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

IMHO, legally, the landlord is in breach of both the above laws.

He has not notified his tenants of an "authorised agent" to act on his behalf, therefore he is in breach of his obligations. As you say, you are not his agent. Furthermore, you have advised the tenants that you are acting on his behalf and not the landlord. Any Tom, Dick or Harry could tell the tenants the same story - how do they know the landlord has said this.

Again, legally, as you are not the authorised agent your phone number does not comply with the law requirements.

If one of the tenants leaves, who will return his deposit - the landlord is not in the country and I am sure you will not be willing to repay it.

If there should be a serious fire or similar in one of the apartments, are you authorised to deal with the insurance, re-housing the tenant etc. and possibly other tenants because of smoke or water damage?

quietsailor

odds_on wrote: »

The Residential Tenancies Act clearly states the landlord's responsibilities:


IMHO, legally, the landlord is in breach of both the above laws.

He has not notified his tenants of an "authorised agent" to act on his behalf, therefore he is in breach of his obligations. As you say, you are not his agent. Furthermore, you have advised the tenants that you are acting on his behalf and not the landlord. Any Tom, Dick or Harry could tell the tenants the same story - how do they know the landlord has said this.

Again, legally, as you are not the authorised agent your phone number does not comply with the law requirements.

If one of the tenants leaves, who will return his deposit - the landlord is not in the country and I am sure you will not be willing to repay it.

If there should be a serious fire or similar in one of the apartments, are you authorised to deal with the insurance, re-housing the tenant etc. and possibly other tenants because of smoke or water damage?

I'm not the "authorised agent" or any type of agent, I'm simply the person holding the keys so the tenqants don't have to wait 3 hrs for his daughter to come from Dublin.

As for "Any Tom, Dick or Harry could tell the tenants the same story - how do they know the landlord has said this" the LL himself put up the notices and told the few tanants he met that these were the numbers to contact

odds_on

quietsailor wrote: »

I'm not the "authorised agent" or any type of agent, I'm simply the person holding the keys so the tenqants don't have to wait 3 hrs for his daughter to come from Dublin.

As for "Any Tom, Dick or Harry could tell the tenants the same story - how do they know the landlord has said this" the LL himself put up the notices and told the few tanants he met that these were the numbers to contact

I have set out in my previous posts what I believe to be correct as regards the law.

I believe that if the landlord puts up notices around the house/complex, this does not fulfil the requirements of the law and that any claim by a tenant that he was unable to contact the landlord (or his authorised agent) would be upheld in a claim to the PRTB.

You do not qualify as an authorised agent (which you admit you are not).
The plumber does not qualify as an authorised agent.
The electrician does not qualify as an authorised agent.
Therefore there is no authorised agent and the landlord himself is not available to be contacted; therefore the landlord is in breach of his obligations under the Residential Tenancies ACT 2004.

I rest my case.

grizzly

If I was in the same situation I'd be looking for new accommodation sharpish. Too much hassle for such little return.

quietsailor

odds_on wrote: »

I have set out in my previous posts what I believe to be correct as regards the law.

I believe that if the landlord puts up notices around the house/complex, this does not fulfil the requirements of the law and that any claim by a tenant that he was unable to contact the landlord (or his authorised agent) would be upheld in a claim to the PRTB.

You do not qualify as an authorised agent (which you admit you are not).
The plumber does not qualify as an authorised agent.
The electrician does not qualify as an authorised agent.
Therefore there is no authorised agent and the landlord himself is not available to be contacted; therefore the landlord is in breach of his obligations under the Residential Tenancies ACT 2004.

I rest my case.

Ah, now I see the point you were writing, sorry, I agree with you. Not defending his actions regarding declaring agents - he's a grown man and can read all the information available like the rest of us - he's had constant problems with people there over rent and money for heating so I'd say he's not going to be killing himself for these people if they have problems - hence the more "informal" araangement with me holding the keys.

odds_on

I was trying to get over the point of law.

While I agree that someone like yourself, without being termed "authorised agent" would probably be acceptable for a week or two (provided the landlord had notified each tenant in writing), I do not believe that it would be acceptable for months.

Well done for helping out.