Issues with Agency

okagbue

Hi looking for some help. I moved into a new house on the 14th of August and it is managed by an agency. The previous houses that I have rented have been with private landlords so I had no experience dealing with an agency. On the 17th I emailed them a list of things that were not working in the house like the gas fire in the sitting room, couple of gas rungs on hob not working and the washing machine door not working and a few other issues. To be fair I sent this email to them on a Friday and they had someone over to look at some of the issues the following Monday. However the gas issues and washing machine have still noit been fixed. I call every week to find when someone is going to come out to the house to have a look but the agency keep fobbing me saying that the landlord has spent a of of money on the property already due to things being wrecked by the previous tenants andisn't happy with the problems. But if they are the maintenance co is it not up to them to be repairing these problems? and it's not my fault the other tenants were a problem.To add to this now there is a leak coming through the kitchen ceiling from the upstairs bathroom.
I have followed up all of my phone calls with emails so would I be in my rights to get these repairs done and take the money from the rent at the end of the month as I have given them timescales in which to do the work but they don't seem bothered.
The only worry I have is that they could give me a months notice to leave but I have 2 children and have recently gone through a separation so don't want to have to move them again to another house and have actually paid for carpets to be put down in the house so have already invested some money in this house
Thanks

Zamboni

Read here

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

and here

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

What they previously spent on repairs is irrelevant.
Make sure all communication is recorded. Phone calls can be denied.

odds_on

okagbue wrote: »

Hi looking for some help. I moved into a new house on the 14th of August and it is managed by an agency. The previous houses that I have rented have been with private landlords so I had no experience dealing with an agency. On the 17th I emailed them a list of things that were not working in the house like the gas fire in the sitting room, couple of gas rungs on hob not working and the washing machine door not working and a few other issues. To be fair I sent this email to them on a Friday and they had someone over to look at some of the issues the following Monday. However the gas issues and washing machine have still noit been fixed. I call every week to find when someone is going to come out to the house to have a look but the agency keep fobbing me saying that the landlord has spent a of of money on the property already due to things being wrecked by the previous tenants andisn't happy with the problems. But if they are the maintenance co is it not up to them to be repairing these problems? and it's not my fault the other tenants were a problem.To add to this now there is a leak coming through the kitchen ceiling from the upstairs bathroom.
I have followed up all of my phone calls with emails so would I be in my rights to get these repairs done and take the money from the rent at the end of the month as I have given them timescales in which to do the work but they don't seem bothered.
The only worry I have is that they could give me a months notice to leave but I have 2 children and have recently gone through a separation so don't want to have to move them again to another house and have actually paid for carpets to be put down in the house so have already invested some money in this house
Thanks

Today's date - 13th August 2012

So, you moved into the house - tomorrow and you emailed them in 4 days time?

When did you take up occupancy?

Did you sign a lease - if yes, was it a Fixed term lease (Does it state an ending date?)

Have you rented the house as furnished or unfurnished?

Read this post about resolving issues in your rented property:
http://www.boards.ie/vbulletin/showthread.php?p=79722865

If you have a fixed term lease, you can only be evicted if you break the conditions of the lease. Before an eviction can take place, you must be given a reasonable time to remedy that breach.

okagbue

oh sorry, I moved in on the 14th of July and sent the email on the 17th.
The house was rented as furnished
I signed a lease but does not have a ending date just states to last 1 year

odds_on

okagbue wrote: »

oh sorry, I moved in on the 14th of July and sent the email on the 17th.
The house was rented as furnished
I signed a lease but does not have a ending date just states to last 1 year

Does your lease state "Fixed Term"? If you signed the lease for 1 year on the 14th July 2012 and it is for one year then it expires of 13th July 2013 and it should state fixed term as that is what it is.

Basically, dealing with an agency is no different to dealing with a landlord directly though many tenants like to deal with the "top man" without having to go through an intermediary.

As the agency is not playing ball with your complaints, I would go further and also ask them for a BER certificate and as there is gas in the property, when was it last tested/inspected? Is there a certificate stating that it is in order.

Did you sign an inventory of the contents of the house, describing the furnishings, floorings and fittings and their condition?

It is a requirement of the "Rented Property standards" that the house should have the following:

(2) Subject to sub-article (1), there shall be provided, within the habitable area of the house, for the exclusive use of the house:
(a) 4 ring hob with oven and grill,
(b) Suitable facilities for the effective and safe removal of fumes to the external air by means of a cooker hood or extractor fan,
(c) Fridge and freezer or fridge-freezer,
(d) Microwave oven,
(e) Sink, with a piped supply of cold water taken direct from the service pipe supplying water from the public main or other source to the building containing the house and a facility for the piped supply of hot water, and an adequate draining area,
(f) Suitable and adequate number of kitchen presses for food storage purposes,
(g) Washing machine, or access to a communal washing machine facility within the curtilage of the building, and
(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type).
(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.
(3) All facilities under sub-article (2) shall be maintained in good working order and good repair.
(4) Responsibility for maintenance of facilities under sub-article (2) shall rest with the landlord.

As stated in the recommended post for reading in post #3 about resolving issues, write to the agent (keep a copy), setting out the problems and give them 7 days (as they have already had over a month) to remedy the issues and that failure to do so may make them in breach of the landlord's obligations and be subject to a claim with the PRTB.