Contract question - please help!

Richard Dower

Let me read you the relevent section of this LCC RAS contract:


3.14 Not to alter or improve the property in any way nor add to it (and this includes any wiring or cabling there) nor to allow anyone else to do so nor to errect any television or radio aerial or satellite dish there, without the written consent of the landlord. If the alteration or improvement consists only of repairing, painting or decorating, the landlord may not unreasonably withhold his or her consent.



^ here is my problem - i went to these RAS people this morning and highlighted this section of the contract (which i havent signed yet) and asked could i get permission from the landlord to install a landline for internet access.

The response was - he is not in the country :eek: - um, ok...so what happens Friday when i am to sign?...who will there there?

Just you the reply was :eek: - eh?....yeah he "presigned", i was told he is on holiday, i asked could they call him to get verbal permission to allow for a landline.....she said no.

Now, how the hell am i to follow the terms of a legally binding contract if a) the landlord is not present to sign the contract with me, b) he has not assigned an agent to act on his behalf or make decisions or sign a contract on his behalf?

This is a major issue...i made it clear i cannot and will not sign a contract unless i have written or verbal permission from the landlord to get a phoneline installed.

No permission = no contract, i wont sign....yes its that important to me, i'm not interested in debates about why i need a landline or why i'm mad to not sign a contract because i cant get a phoneline in.

This thread is *not* about my needs or motivations....its a contract/legal question. If i cannot contact a landlord how can i get permission?

If i sign, get a landline in without his consent i am opening myself to costs such as replacing a front PVC window, repainting and replastering due to work done by Eircom to install the phone line.

The attitude of RAS was...ah sure you'll be grand, eh?....sorry that is NOT how legal contracts work!, RAS nor i have any idea the attitude of the landlord to alterations to his premisses....hoping he'll be grand is folly, its not how you go about signing a contract.

I am trying to follow the wording of the contract, get verbal or written permission, i am being prevented from doing so.

Richard....why dont you wait until the landlord gets home from holiday and ask him?...because i am supposed to sign on Friday + i've made it clear i wont sign until i get permission.


Any advice?....and please, refrain from telling me i am an idiot or being anal or sure you've got a roof of your head why the feck do you need internet?....us taxpayers etc.

^ not interested, its not what the thread is about.

djimi

Have you said all of this to the RAS people? Basically your choices are sign it and risk it or hold off on signing it until the landlord is in the country.

Richard Dower

djimi wrote: »

Have you said all of this to the RAS people? Basically your choices are sign it and risk it or hold off on signing it until the landlord is in the country.

100%.....its pretty much verbatim what i said to them. The risk of holding off is...i'll have signed a four year binding contract....its my home, i cannot change or move out or request a new place.

And i will not live somewhere that has no landline.

djimi

I understand the concern. Did they say how long the landlord is likely to be away for? Is there no possibility of waiting until they return before you sign the lease?

Cathmandooo

I think you have to choose between the consequences.

a) You sign the lease in the hope of getting permission but don't and you're stuck in a 4 year lease without a landline

or

b) You refuse to sign the lease, lose the house, go back on a waiting list? I'm sure you'd know better on the procedure if you refuse to sign.

It's your choice which path you take, yes it sounds very unfair that you don't get to talk to the landlord now but you've already pleaded your case to RAS and it hasn't gotten you anywhere sadly.

Before choosing between them I'd give it one more try getting through to RAS asking to defer signing, it's written consent you want, consent by phone through RAS isn't enough.

Richard Dower

Aye...i mean, 90% of the time landlords are cool with getting a phone in. But there is something about this situ, about the property.....just makes me think he's not cool with it.

He was described as a "professional landlord" by RAS....lol, a professional landlord would have appointed an agent to act on his behalf while he was away.

Presigning a contract..is that even legal?...it states on the contract both i and the landlord plus a witness from RAS must sign. that is how it was done the last two times.

i have no idea how the place works, the electricity, the alarm, the immersion, he's off on holidays......

Cathmandooo wrote: »

I think you have to choose between the consequences.

a) You sign the lease in the hope of getting permission but don't and you're stuck in a 4 year lease without a landline

or

b) You refuse to sign the lease, lose the house, go back on a waiting list? I'm sure you'd know better on the procedure if you refuse to sign.

It's your choice which path you take, yes it sounds very unfair that you don't get to talk to the landlord now but you've already pleaded your case to RAS and it hasn't gotten you anywhere sadly.

Before choosing between them I'd give it one more try getting through to RAS asking to defer signing, it's written consent you want, consent by phone through RAS isn't enough.

3DataModem

Cathmandooo wrote: »

I think you have to choose between the consequences.

a) You sign the lease in the hope of getting permission but don't and you're stuck in a 4 year lease without a landline

or

b) You refuse to sign the lease, lose the house, go back on a waiting list? I'm sure you'd know better on the procedure if you refuse to sign.

It's your choice which path you take, yes it sounds very unfair that you don't get to talk to the landlord now but you've already pleaded your case to RAS and it hasn't gotten you anywhere sadly.

Before choosing between them I'd give it one more try getting through to RAS asking to defer signing, it's written consent you want, consent by phone through RAS isn't enough.

Option c is sign it, install phone anyway.

Richard Dower

3DataModem wrote: »

Option c is sign it, install phone anyway.

And the reaction could be = he's pissed, demands i get the line taken out and sends me a bill to replace the large front PVC window and replaster/paint where Eircom stapled the line to the inside wall + screw the faceplate in place.

Cathmandooo

3DataModem wrote: »

Option c is sign it, install phone anyway.

I really wouldn't go down that route, it could be quite costly if the landlord kicks up.

I'd say chances are there will be no issue getting permission to install the landline, I needed permission from my strict landlord for getting UPC in and drilling holes, it was no problem once they were done by a professional. But there's still always a chance the landlord won't approve so I understand your unwillingness to sign

Richard you'll be able to figure out how things work in the house, obviously you do need the alarm code but I'm sure you'd get that with the keys.

Presigning sounds fine, it speeds the process along for you. His signature will be witnessed, as will yours, it doesn't have to be done at the same time.

djimi

3DataModem wrote: »

Option c is sign it, install phone anyway.

Not really a very sensible option in fairness, considering if consent is not forthcoming the OP will be left with the repair bill, not to mention a possible breach of contract.

Mrs OBumble

Oh ffs. Landlines are sooo last century.

Get mobile broadband (less than E20 [per month).

No fixed lines. No permission required. And you can take it anywhere you go.

Richard Dower

Mrs OBumble wrote: »

Oh ffs. Landlines are sooo last century.

Get mobile broadband (less than E20 [per month).

No fixed lines. No permission required. And you can take it anywhere you go.

i'm locked into a 2-year broadband contract with vodafone, tbf....they are charging me nothing to get a new line installed at the new address, plus i am hoping the new line can get fibre

thesandeman

If he's a 'professional' landlord I presume it means he has other properties. Could you or RAS contact any of his other tenants and see if he has allowed anything similar in the past. Chances are he will have the same policies for all his properties.

Richard Dower

thesandeman wrote: »

If he's a 'professional' landlord I presume it means he has other properties. Could you or RAS contact any of his other tenants and see if he has allowed anything similar in the past. Chances are he will have the same policies for all his properties.

Good idea, also a chance to introduce myself to the girl living above and see what the story is living there, any problems in the past etc. - sus her out too, in terms of if she's a good neighbor....good advice!