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Issue with heating

  • 08-11-2012 6:24pm
    #1
    Registered Users, Registered Users 2 Posts: 21


    Hi about 5 weeks ago the gas heating in my rented house wasn't working properly. It kept turning itself off. I emailed the agency who said they would get back to me which they didn't
    2 weeks ago the heating stopped working entirely.They got a plumber to call me who said he would be out Friday evening or Sat morn to have a look at it. He didn't turn up on the friday and when I called him on the sat he said he was busy and would be out in the evening. At this point I told him that I had 2 children and I would have to bring them to my parents house so they would be warm so I wouldn't make it back. I asked him to come out on Sunday ( this was the bank holiday weekend) and he said I had wanted to take the weekend off. I said fine if you can promise me you will out on Tuesday morning that would be fine as my kids were with my mom
    Last Tuesday he was out and said the board on the boiler had to be fixed and he would order the part so he should be able to fit it Friday. Friday came no call. I called the agency who told me he would be out Sat morning again no call or anything. Then got a text on Monday saying part would not be available until Tues just gone due to a high volume of circuit boards needed and the supplier didn't have enough. Tuesday night he came out and then said he had blown a fuse in the boiler which can happen sometimes when fitting boards he normally had one in his van but this time he didn't and that he would have to order this fuse which would only take a day
    Now this is getting ridiculous last night he said he would come over didn't turn up, not a word from him today and no response to my calls and texts. I don't know what to do next. The agency don't give a crap but I have 2 kids and only 2 heaters for big 3 bed room house
    I am thinking of advising the agency that I am going to move into a hotel until it's fixed or get my own person to fix it
    Just wondering what other people think


Comments

  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Don't deal with the plumber deal with the agency. Inform the agency unless its fixed in the next week you'll be out buying heaters for the main rooms of the house and deducting it from the next months rent. The heaters will of course remain the property of the LL.


  • Closed Accounts Posts: 1,787 ✭✭✭edellc


    You don't live in mount argus in Harolds cross Dublin do you, as it sounds very like the issue I had a few years ago with my LL

    The legislation says you are entitled to heating send a registered letter to the agency quoting this legislation and stating that it is also not your responsibility to ring or Chase the gas man and that you want the matter dealt with...and give a time frame

    On my mobile so maybe some one can link to the rental legislation I mentioned also threshold website are great for this info


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


    If you ever try to get a tradesman to do something you can run into this trouble.
    Realistically the agent can't magic a reliable tradesman. While it seems to you the agents aren't doing anything what do you think they can do?
    Calling another plumber may result in exactly the same problem. When I say 'may' you can take that as likely.
    Any small job for a tradesman will drop in priority the minute a bigger or better paying job comes up.
    No amount of screaming and shouting can really address this.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Ray Palmer wrote: »
    If you ever try to get a tradesman to do something you can run into this trouble.
    Realistically the agent can't magic a reliable tradesman. While it seems to you the agents aren't doing anything what do you think they can do?
    Calling another plumber may result in exactly the same problem. When I say 'may' you can take that as likely.
    Any small job for a tradesman will drop in priority the minute a bigger or better paying job comes up.
    No amount of screaming and shouting can really address this.

    That's fine. What about the fact the OP has no heating at the moment and has to send their children elsewhere?

    As a landlord, what would YOU do?

    I'm not sure of the law here, but in the UK, the tenant can get the council to issue an enforcement notice to either landlord or agent to force them to take action. Would there be something similar here, or do you have to go to the PRTB?

    @OP. Have you been in contact with Threshold as yet to get advice?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Ray Palmer wrote: »
    If you ever try to get a tradesman to do something you can run into this trouble.
    Realistically the agent can't magic a reliable tradesman. While it seems to you the agents aren't doing anything what do you think they can do?
    Calling another plumber may result in exactly the same problem. When I say 'may' you can take that as likely.
    Any small job for a tradesman will drop in priority the minute a bigger or better paying job comes up.
    No amount of screaming and shouting can really address this.

    Two weeks without heating in a rented accomodation is unacceptable; I dont care what excuses the landlord/agent may have. Its up to the landlord to get an issue like this sorted quickly, and if they end up hiring some clown who takes an eternity to fix the problem then they are responsible. Any tenant would be well within their rights to be properly pissed with their landlord if they were left sitting in a cold house for a fortnight.


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


    As a homeowner and landlord I am telling you the reality. People don't turn up and there is nothing anybody can do about it.
    People who have been reliable can suddenly stop being so. More so now as a big job is more needed for the money.
    I can tell those complaining have never actually tried to do this.
    Instead of giving out to me why not suggest your great idea and thoughts on getting a tradesman to arrive and complete a job?

    My solution was to learn to do small to medium jobs and I still get stung on bigger jobs.
    If it is just a fuse I'd replace it myself.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    I understand what you are saying, but honestly do you think the story told in the OP is acceptable? The better part of a week just to have the thing looked at, another week to get the right part and then he manages to bollox it up requiring further parts ordered and more work? Im aware that a lot of this is out of the hands of the landlord, but do you really think that a tenant has no right to be very annoyed about a situation like this? If that was me I would expect the landlord to be onto the guy night and day until the problem is sorted (its what Id be doing myself if it was my own house); you cannot live in a house without heat in November in Ireland.


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


    djimi wrote: »
    I understand what you are saying, but honestly do you think the story told in the OP is acceptable? The better part of a week just to have the thing looked at, another week to get the right part and then he manages to bollox it up requiring further parts ordered and more work? Im aware that a lot of this is out of the hands of the landlord, but do you really think that a tenant has no right to be very annoyed about a situation like this? If that was me I would expect the landlord to be onto the guy night and day until the problem is sorted (its what Id be doing myself if it was my own house); you cannot live in a house without heat in November in Ireland.
    The story sounds likely not just plausible. Yes parts ordering taking a week and lack of fuse in van combined with not returning.

    Been on to tradesmen every day more than once a day and they just stop answering. Dropped one after half job got another who then didn't turn up, another again and they don't do the job either.
    It took me 6 electricians to sort out some lights and sockets once. On top of that trying to organise it with the tenant.

    Everybody has the right to be annoyed but being annoyed doesn't get results. Best solution is to get a plumber yourself you know and provide a reciept and deduct the amount from rent. You have to get the agency to agree first.

    This is a realistic and quick solution rather than 'shoulding' the world around you.

    Btw I have spare heaters I provide for such events and give them money off rent for extra expensive of heaters.

    The suggestion of withholding rent is foolish as it puts you in the wrong while the agency is appearing to try to resolve the problem.

    Addressing the issue is the objective here.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Ray Palmer wrote: »
    The story sounds likely not just plausible. Yes parts ordering taking a week and lack of fuse in van combined with not returning.

    Been on to tradesmen every day more than once a day and they just stop answering. Dropped one after half job got another who then didn't turn up, another again and they don't do the job either.
    It took me 6 electricians to sort out some lights and sockets once. On top of that trying to organise it with the tenant.

    Everybody has the right to be annoyed but being annoyed doesn't get results. Best solution is to get a plumber yourself you know and provide a reciept and deduct the amount from rent. You have to get the agency to agree first.

    This is a realistic and quick solution rather than 'shoulding' the world around you.

    Btw I have spare heaters I provide for such events and give them money off rent for extra expensive of heaters.

    The suggestion of withholding rent is foolish as it puts you in the wrong while the agency is appearing to try to resolve the problem.

    Addressing the issue is the objective here.

    All of the above seems sensible other than I believe that even if the LL / Agency doesn't agree the tenant is within their rights to rectify the problem themselves and withold that payment from the rent so long as the amount os reasonable and the LL / agency has been given a reasonable opportunity to fix the issue.


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



    All of the above seems sensible other than I believe that even if the LL / Agency doesn't agree the tenant is within their rights to rectify the problem themselves and withold that payment from the rent so long as the amount os reasonable and the LL / agency has been given a reasonable opportunity to fix the issue.
    Tenant is not within their rights to withhold rent or have workmen do anything without permition. That is the law. Legally if the plumber damages the place the tenant is liable.

    Not worth the risk.


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  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Ray Palmer wrote: »
    Tenant is not within their rights to withhold rent or have workmen do anything without permition. That is the law. Legally if the plumber damages the place the tenant is liable.

    Not worth the risk.

    Ill have a dig to find the legislation when I'm not looking at Judicial Review of (fictitious) bonkers orders made by the District Court :D I'm almost certain there is provisions under legislation to do with the PRTB that where a LL fails to make repairs the tenant can do it.

    EDIT - Actually the plumber would be liable - hence if I was the tenant I'd use a very expensive one I was sure was insured.


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



    Ill have a dig to find the legislation when I'm not looking at Judicial Review of (fictitious) bonkers orders made by the District Court :D I'm almost certain there is provisions under legislation to do with the PRTB that where a LL fails to make repairs the tenant can do it.

    EDIT - Actually the plumber would be liable - hence if I was the tenant I'd use a very expensive one I was sure was insured.
    Remember the law where a person is hired the person hiring them is liable. Not having permission would mean you are liable.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Ray Palmer wrote: »
    Remember the law where a person is hired the person hiring them is liable. Not having permission would mean you are liable.

    That's vicarious liability and its more complex than that. It can also be altered by statute.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Pt.2 S.12
    (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 para-
    graph (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,


  • Closed Accounts Posts: 3,327 ✭✭✭Merch


    All of the above seems sensible other than I believe that even if the LL / Agency doesn't agree the tenant is within their rights to rectify the problem themselves and withold that payment from the rent so long as the amount os reasonable and the LL / agency has been given a reasonable opportunity to fix the issue.


    Whatever of getting repairs done, that cause damage and hence liability.

    You Cannot withold rent, I'd be looking to make an enquiry about recovering some rent or at least the difference in normal electric bills compared to those that you will receive after having had heaters on, those things eat electricity and given units ar emore expensive for electric heating than gas, it will cost you extra.

    Keep a record of all events and communications.


  • Registered Users, Registered Users 2 Posts: 4,939 ✭✭✭goat2


    it is the duty of those who you are paying the rent to, to fix any problem that may exist,
    you have to get on to landlord, and let him take up the job,
    it would be unfair to you to be expected to do this anyway,
    house is supposed to have heating in working order, so it also means you have no hot water,
    does house have backboiler attached to heating and hot water


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