Apartment/landlord issues

grivoise

Hi all, I'm relatively new to Cork so would appreciate some pointers. :-)

Moved into an apartment a few months ago, it was a rush so we didn't have too much time to properly scout around. Of course, all the problems surfaced after that. Among the lesser issues: The wardrobe cupboards do not close properly (to open a drawer or door everything has to be opened), lights flicker, fire alarm in the house goes off randomly, the fire alarm for the complex itself too goes off every few weeks for no reason, the ventilation in the toilet is not working, and the bed base is broken with a crappy mattress so there has not been a day so far I have woken up without an ache of some sort. The fridge also doesn't work properly, with the freezer becoming ice age while the chiller isn't cool enough, not to mention the green unidentified stuff I spied when I first used it. The oven was never cleaned and I pray the bombardment of sprays and elbow grease was sufficient to remove all the crap.

About a month+ ago, a small wet patch appeared on the carpet of the bedroom. It became palm sized quickly so I informed the landlord. He came down a few days later to have a look. He simply propped up the first layer of the carpet with a screwdriver and said to air it. Of course, that failed to work and I informed him of the non-progress. I lifted the carpet and the two layers beneath and found a pool of water. Landlord came back following week, with a dehumidifier. I asked how that would help and he said to just leave it there for a couple of days. By now, there was starting to be a stink and god knows what organisms. Obviously, the dehumidifier didn't work. He came back again with a plumber and his assistant. They said there was a leak from the kitchen sink which they would fix. They ripped up some floorboards under the sink, tinkled with the plumbing. Landlord said to stay in another apartment which he would provide us 'for a few days while the carpet dries' but I pointed out that the carpet and underlays were all ruined. After yet another week of nothing being done, he finally came back with some guys to rip up the carpet and replace them with just laminate.

Now, during this time, the water pump was also acting up. When it did, there would be no water to the toilets and no hot water from the kitchen sink. Landlord's solution was to keep pressing the reset button because 'sometimes, it goes to sleep'. After a week, I said it can't be normal to have to keep doing that every few days. Just last week it came to the point where I had to press the damn thing each time before using the toilet, and then finally it didn't work so I had to ferry water to the cistern to flush. Only then did he send a plumber down to fix it.

In addition, the doors to my yard cannot be locked. Landlord shrugged it off. I do not believe Cork is unsafe but surely doors can be locked for a reason, yet the landlord does not think it is an issue (anyone could scale the yard fence and enter). He also has a habit of giving me a vague date to come by and check on the problems. He will say 'some time wed or thurs' then come by on friday. A few times he did drop me a text to tell me he was coming but other times he simply walked in on his own when I was not present and even tore out a piece of paper from my personal notebook to leave a note.


Right now, the major problems have been solved save the kitchen boards which have not been put back but I feel like for all this trouble (I view the carpet ponding thing as the worst, what with the stink and possible mould), I should not have to pay him rent for that month. It was bad enough that the problems even started (no servicing at all?!) but it would have been reasonable had he attended to them immediately. Yet, he dragged every single issue and ignored them for as long as possible. Even a blind person could've seen there was no way to salvage the underlays.

I've been told there is the PRTB to turn to, but I would like to understand more about the situation, and what options I might have. Perhaps breaking the lease? Or simply moving out and my landlord can keep the deposit?

Would appreciate advice and please be kind, still learning here!

Richard Dower

^ sounds like a typical story and typical landlord.

grivoise

Richard Dower wrote: »

^ sounds like a typical story and typical landlord.

And what is the typical solution or option?

And if you say typical, does this mean it is a problem I will have to face here no matter which place I rent?

Pawwed Rig

Compile a list of issues with the property in writing and post them to the landlord. The landlord should remedy in a reasonable lenght of time.
See these links about minimum standards and landlord obligations.

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

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

I am sure Richard is just having a wee joke.:D

The_Conductor

Its not typical.
You are entitled to minimal standards of habitation.
Some of the things- like the shoddy carpentry with the wardrobe/drawers- are easily remedied- an hour's work would likely resolve them. As for the plumbing/rotting carpet/pool of water- that will need to be resolved, or you'll eventually have wood rot and a massive hole in the floor, to accompany your carpet rot.

The bed and its base- need to be replaced- and should have been noticed before you rented. The landlord would normally have given you a new unit in a situation such as this- if it was noted on inspection. If you've come to him with it out of the blue- he (or she) is as likely to say- 'how do I know you didn't do it'. Talk to them about it anyway- it can be deducted on a flatline basis against taxable rent by the landlord anyhow- so while it is an upfront cost- it isn't as bad as it seems.

Fridge- sounds like a piece of crap from the 70s. The legislation states you need a fridge with an icebox- or a fridge with a separate freezer. The former satisfies the legislation- despite no-one in their right minds using them anymore. I'd quietly suggest swapping the pre-existing fridge for a simple fridge- its about EUR150 for a decent under counter fridge- and money well spent.

The lesson here is to survey the place properly before taking it- but you need to liaise with the landlord.

grivoise

Hi, thank you for your replies.

The 'ponding' issue has been solved, after 3 long and mouldy weeks. The rent for that month has been withheld so now the landlord has issued an eviction notice, giving me seven days to leave the premises.

According to the various websites (threshold, citizens, ptrb), it seems I should have at least 28 days from the date of receiving that letter, is it not?

The_Conductor

The landlord should give you notice of the rent arrears.
Once he gives you notice that you are in arrears you have 14 days to make good the arrears.
On the elapse of these 14 days- he or she must serve you with the statutory notice of 28 days.

You're both in the wrong here- you have no right to withhold rent- the landlord doesn't seem to know his arse from his elbow and has bolloxed up his notice.

If you want to make a case of the improper notice- the fact that you withheld rent will go against you- that said, the 'landlord' may also get a fine for his part in the mess.

Lesson- as I mentioned earlier in this thread- view a property properly before agreeing to take it.

Pawwed Rig

Have a read of your lease and see if there is a break clause included. Am I correct in assuming you are there less than 6 months?

grivoise

@The_Conductor: Yes, I understand the viewing part, but as I said, when I arrived I had a really, really short span of time to find a place in a place completely foreign to me (the move itself was quite sudden as well). Took the place nearest to work. I just felt that for so many problems, including something that could have affected my health, the rent for that month would have been ill-paid (I know what you're saying about having no right, though). Even when some of the issues got solved, it took weeks and weeks. In the meantime, I should just pay the rent and let him take his own sweet time in repairing? In any case, to him, it's not 'withholding rent' but that I simply did not pay. Having said all that, I just need to know now how much time I rightfully have to vacate the premises, need to find a new place and all. Thanks for the info on the notice!

grivoise

@pawwed_rig : No clause. Yep, less than 6 months (end of this month would make it 6 months).

djimi

If you have no intention of paying the rent then you have 42 days before you must leave (14 days notice of arrears and 28 days notice of termination). Personally Id not want to have an eviction standing over me though, so Id advise paying the rent and then looking to assign the remainder of your lease. That way you still get a legal out, plus you can expect your deposit returned (in theory anyway; I cant see that happening easily now either way).

grivoise

@djimi: I don't expect to get my deposit back. Living here has been part-hell. Just getting out would be a relief.

The_Conductor

grivoise wrote: »

@djimi: I don't expect to get my deposit back. Living here has been part-hell. Just getting out would be a relief.

Paying your rent- and getting your deposit back- are two separate things- I don't think you (or a lot of tenants) appreciate this.
The landlord can still pursue you for the rent-arrears, up to and including the term of the lease, unless he/she relets the property (in which case, you are legally liable up to when someone else rents the place- and not the term of the lease).

Two wrongs don't make a right. You weren't happy with the accommodation. That is one issue. You should have liaised with the landlord- and got him to resolve those issues- and if necessary escalated it to the local environmental health officer and/or the PRTB, to get this resolved.

Withholding rent- is an entirely separate matter- and aside from anything else, is illegal. Whether or not you expect to receive your deposit back- is irrelevant- and a separate matter. You have handed the landlord an iron clad legal case against you. He may have screwed up with his notice of arrears and his notice of termination of tenancy. Once again- that is yet another separate issue.

Neither landlord, nor tenant, seem to have any idea of their rights and/or obligations- as landlord or tenant............

D3PO

OP as much as you complain about the landlord being less than helpful, you by your actions are as bad a tenant.

You have no rights to withhold rent as you have done here and to expect sympathy when a landlord doesn't meet their obligations when you are doing the same is a bit much.

grivoise

The conductor - thank you.

Pawwed Rig

Have a read of the following
http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

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

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

As already stated you should have gotten a 14 day notice of rent arrears followed by 28 days notice of termination of the lease.
There may be scope for 7 days notice of termination where you are engaging in anti social behaviour or are damaging the property. I am going to assume that is not the case.

grivoise

Yep, no anti-social behaviour - we have no parties, are not noisy, no pets, nothing.

Thank you!