Inattentive Landlord not dealing with problems

Tragedy

Just looking to get other points' of view on our situtation.

We moved in 2 weeks ago, the previous tenant had shown us around initially, but on the night we moved in we dealt with a letting agent re: signing contracts/paying deposit. He advised us that he was just letting the property and that we would be dealing with the Landlord's sister (non resident landlord) henceforth.

That night we discovered:
1)Main ensuite toilet wasn't flushing
2)Microwave wasn't working
3)Oven grill wasn't working
4)The patio doors onto a balcony shared with another apartment has no key and can't be locked/secured
5)The alarm wasn't working

Within a few more days, we found many other small issues e.g. toilet cistern had come loose from wall, every single lamp shade in the house was loose and broken, towel racks weren't attached properly, two of the shower rooms had naked bulbs as light fittings (fire/electricity hazard), one of the extractor fans was dead, the front door was missing part of the seal around the frame allowing a draught in, the patio door needed to be refitted as it was allowing a bad draught in, etc etc. All signs of minor neglect for years piling up, but not immediately obvious when viewing on a warm, quiet October evening.

It's now been 10 days since we notified the Landlord's sister and nothing has been done, but we're also aware that we're 2 weeks into a 52 week lease and we want to have a positive and constructive relationship with the Landlord rather than one of badgering and bitterness.

I'm wondering what peoples opinions are on how we should progress? Should we start getting tradesmen out ourselves and start billing the Landlord (as we are legally allowed do, according to a quick reading of citizensinformation)? Should we be sending a registered post letter to the Landlord?

Also, as an addendum, our Landlord is non-resident, but the lease states that
1) The Landlord's agent is a letting agent
2) We pay directly to the Landlord

As the lease states a letting agent, does that mean we're off the hook for having to deduct 20% tax from the rent? Or does the fact that we're paying directly to the Landlord mean we are wholly responsible?

Cheers!

djimi

A lot of these issues should have been apparent had the place been inspected properly prior to signing the lease in fairness.

You need to go around the house and make a snag list of every issue that you can find (put the more urgent issues towards the top), and request a reply in writing outlining the landlords plan to resolve the issues. If the issues are not sorted in a timely fashion then send a follow up letter requesting that the issues be sorted in x number of days or you will have no choice but to start proceedings to terminate the tenancy.

In terms of the rent, if you are paying directly to the landlord then yes, you must withhold 20% to be sent to Revenue.

Tragedy

djimi, I'm not sure how I'd feel if a potential tenant insisted on using the washing machine, dryer, testing the microwave, grill, oven, all hobs, boiled the kettle, checked every toilet flushed, turned on the alarm and tested the buzzer, asked for a set of keys to check all locks, tested every towel rack and fixture in the house by pulling on them and seeing how much given there was, insisted on viewing when there was a wind out to check door seals etc. We have a fair assumption that those kinds of things will be in working order, or rectified if they break down.

In fairness, I noticed the naked light bulbs in the ensuite/one of the toilets but assumed the Landlord would fit it before or not long after we moved in once they were aware of it. We were told the place would be cleaned, and the letting agent told us he had a professional cleaner in before we moved in.

djimi

You dont assume anything. Once you sign that lease it becomes infinitely harder to get your issues sorted. I know its a pain in the arse, but if the landlord has nothing to hide then they wont mind you giving the place a solid once over before you sign the lease.

Tragedy

djimi wrote: »

You dont assume anything. Once you sign that lease it becomes infinitely harder to get your issues sorted. I know its a pain in the arse, but if the landlord has nothing to hide then they wont mind you giving the place a solid once over before you sign the lease.

I lied when I said I'm not sure how I feel. If I was letting (or subletting) a property and a potential tenant insisted on doing any of those things I would laugh them outside the apartment and let it to someone who wasn't maniacally demanding.

djimi

How is it manically demanding to want to ensure that the property that you are moving into is problem free?

Or put it another way, had you done these checks prior to signing the lease then you wouldnt be on here now asking how to get the problems resolved.

Tragedy

djimi wrote: »

How is it manically demanding to want to ensure that the property that you are moving into is problem free?

Or put it another way, had you done these checks prior to signing the lease then you wouldnt be on here now asking how to get the problems resolved.

If you don't see how incredibly unreasonable your suggestions are, there's not much point in trying to explain it to you.

Thanks for the information re:tax obligations, but "You should have brought a load of dirty laundry with you when you were viewing the apartment to try the washing machine and tumble dryer" and "you should have insisted upon urinating in every toilet bowl before signing the lease" isn't the kind of advice I'm looking for.

The landlord/sister were completely unaware as to the state of fittings/white goods, I'm looking for advice as to how to proceed while still trying to maintain a constructive relationship with them - given their inattention and the slow pace they are moving at.

djimi

Way to overreact.

I apologize; it wasnt my intention to derail your thread. How thoroughly you check is your own business. Hope you can get these issues sorted in a timely fashion.

No Pants

List of issues in writing, with a defined deadline for action.

Santa Cruz

When a recent survey showed 40% of local authorities didn't even know that they are legally obliged to inspect private rented accommodation this is the standard you will get.

beauf

Tragedy wrote: »

If you don't see how incredibly unreasonable your suggestions are, there's not much point in trying to explain it to you.

Thanks for the information re:tax obligations, but "You should have brought a load of dirty laundry with you when you were viewing the apartment to try the washing machine and tumble dryer" and "you should have insisted upon urinating in every toilet bowl before signing the lease" isn't the kind of advice I'm looking for.

The landlord/sister were completely unaware as to the state of fittings/white goods, I'm looking for advice as to how to proceed while still trying to maintain a constructive relationship with them - given their inattention and the slow pace they are moving at.

Unreasonable? You can flush a toilet with out using it?

How was the LL contacted. Phone letter, email. Because they may have not got the message. Do you have a phone number for them?

Tragedy

2 questions in relation to this. Moved out this week, Landlady held on to €400 of deposit until the last 'ESB' bill was paid. All utility bills were in our names and the LL has no legal or financial liability - reading the relevant acts and PRTB, it seems she's in breach of legislation by holding on to this.

Am I correct?

Secondly, some time in the last week someone damaged a small pane of glazing in the door. It looks like an impact from a small object from the outside. As this is damage that wasn't caused by either us or our guests and forms part of the structural fabric of the property - I don't see how we can in any way be held liable for this.

First the Landlady claimed it must have happened because we kept slamming the door (we slam the door?), then she said one of our guests must have knocked so hard they broke glass. Despite us having an intercom. And the door being two stories below the living area.

She's now withholding part of our deposit to pay for this.

I don't see how we are in way obligated to pay for the repair, again - am I correct?

Just to note,

It took over 3 months to get a replacement microwave. The only reason we got one in the end is because I went out and bought one and informed her that we'd be taking it out of the rent (Not legal, I know!). The landlady got incredibly stroppy and I suggested I'd return the microwave I had bought if we received a replacement asap. Sure enough, the next day we got a replacement. The absolute cheapest one in Argos, about 60% of the size of the one that it was meant to replace and lacking most of the functionality (the broken one was a combo microwave).

We found out that the dryer door had a broken latch and would only stay closed if a heavy object was pressed against it. Even then, a lot of heat leaked out.
The washing machine had some sort of blockage as it took very little powder/detergent and left clothes smelling unwashed.

Neither of these issues were ever fixed despite them being raised many times. €15000 in rent paid over 10 months, we had to fight tooth and nail just to get a microwave and couldn't even wash and dry our clothes properly.

The patio doors had a new lock fitted, but was never rejigged to stop a godawful draft coming in. The alarm was never fixed. The grill was never fixed.

Unfortunately with the rental price rises in Dublin in the last year, we were faced with the option of paying our rent to a horrific landlady, or going back home as none of us could afford to rent with the increase in prices.

BeatNikDub

Yikes, that is really really awful.
Sounds like you are better off out of there though.

Magicmatilda

OPen a case with PRTB for return of deposit. She cannot retain it without providing receipts.

quietsailor

While I sympathise with your plight your coming back to this after a year!! You were give the advice to follow in a post above;

"You need to go around the house and make a snag list of every issue that you can find (put the more urgent issues towards the top), and request a reply in writing outlining the landlords plan to resolve the issues. If the issues are not sorted in a timely fashion then send a follow up letter requesting that the issues be sorted in x number of days or you will have no choice but to start proceedings to terminate the tenancy."

did you follow this? and if not why not?. If you haven't all your doing is passing the problem onto the next tenant "not my problem" your probably muttering right now? -- well that was the last tenants reaction as well and look what happened to you.

Basically you've shown the LL your not going to follow the rules so it's worth them taking a chance and holding onto the deposit.

As regards the ESB bill - they shouldn't keep the deposit for this but the LL could explain it away to the PRTB if they had to "They were very argumentative people who never went by the book so I had to wait and get an electrician in as I thought the meter was damaged and that would be their responsibility to pay" - very hard to disprove and all the LL has to do is return the deposit when she is pushed by the PRTB to do so (think a 6-8 month waiting period)

Damaged door - how will you prove you didn't damage it? that's what the PRTB will ask you.

Overall you should make a case to the PRTB against the LL but don't expect any great results -
(i) if they're non-resident I don't know how the PRTB will even serve them notice of the case against them
(ii) THe PRTB are notoriously slow.

You'll probably win the case but it will be in the future which is no good to you right now needing a deposit/months rent for the new house.

You should also report the house to the local council housing standards people and insist they inspect it. Get them to give you a report if you can and it will be further ammo in the PRTB case

Tragedy

Coming back to what after a year? The landlady wasn't illegally holding on to the deposit a year ago nor trying to claim for damage a year ago.

As I clearly explained above, we were faced with accepting that the landlady was a tight money grubbing nasty person, or not rent in Dublin. We accepted that she was what she was and it was worth it to stay in the apartment at the price we were paying.

Should also note that the local authorities have zero interest in enforcing minimum standards, even though it's their legal obligation.

The_Conductor

OP- give the landlady a week to return the deposit in full- or else you lodge a PRTB case. When she doesn't- just lodge the case.

Out of curiousity- where in Dublin were you paying 1,500 to rent an apartment this badly maintained?

Also- broken windows in doors- are not part of the 'structural fabric of the building'. Its akin to any of the windows being broken. Normally the tenant is actually liable for damage of this nature.

qdawg86

Tragedy wrote: »

djimi, I'm not sure how I'd feel if a potential tenant insisted on using the washing machine, dryer, testing the microwave, grill, oven, all hobs, boiled the kettle, checked every toilet flushed, turned on the alarm and tested the buzzer, asked for a set of keys to check all locks, tested every towel rack and fixture in the house by pulling on them and seeing how much given there was, insisted on viewing when there was a wind out to check door seals etc. We have a fair assumption that those kinds of things will be in working order, or rectified if they break down.

In fairness, I noticed the naked light bulbs in the ensuite/one of the toilets but assumed the Landlord would fit it before or not long after we moved in once they were aware of it. We were told the place would be cleaned, and the letting agent told us he had a professional cleaner in before we moved in.

Id be delighted if a potential tenant did all of those things. Id feel happy knowing someone with such high standards was living in the house, a lot less likely to destroy the place.

quietsailor

Tragedy wrote: »

Coming back to what after a year? The landlady wasn't illegally holding on to the deposit a year ago nor trying to claim for damage a year ago.

As I clearly explained above, we were faced with accepting that the landlady was a tight money grubbing nasty person, or not rent in Dublin. We accepted that she was what she was and it was worth it to stay in the apartment at the price we were paying.

Should also note that the local authorities have zero interest in enforcing minimum standards, even though it's their legal obligation.

Tragedy - I think you're replying to me here?

You knew what was the landlady was like a year ago yet you hung on in there, nothing she is doing now should be a surprise to you at all.

secondly - you were given the best advice possible a year ago yet you didn't do anything advised (that's what I get from from reading your posts) so it's going to be hard to argue in front of the PRTB about this when you didn't try to do something about the situation a year ago. I've sympathy for your plight but it's tempered by that fact - you did nothing about the problem a year ago.

Regarding the inspections - when I owned a house for rent 2 yrs ago I was selected for a random inspection so yes, they do go about enforcing the rules - have you rang them yet to ask them to inspect the apartment?

Tragedy

The_Conductor wrote: »

OP- give the landlady a week to return the deposit in full- or else you lodge a PRTB case. When she doesn't- just lodge the case.

Out of curiousity- where in Dublin were you paying 1,500 to rent an apartment this badly maintained?

Also- broken windows in doors- are not part of the 'structural fabric of the building'. Its akin to any of the windows being broken. Normally the tenant is actually liable for damage of this nature.

We were living in a 2 bed apartment with a rent of €1,200 and moved to a 4 bed own door duplex for €1,500 further out the N11, At around 140sqm, it was relative value when we rented it.

External windows and doors are considered to be part of a buildings fabric, and are included in buildings only insurance. Any policy for such a document generally also describes them as such.

If the tenant is liable for any damage to Windows and Doors, a tenant is then liable for a burglar causing damage to a door or window, a storm blowing something in a window, etc etc etc. A tenant is likewise going to be liable for a burst pipe, a tenant is liable for the boiler breaking etc etc. You're arguing that a tenant is liable for any damage caused to an apartment while they're a tenant, regardless as to whether the damage was caused by them (or people they allowed access to the property).
This is clearly wrong.

The damage is to the outside of the property, done from the outside, and in an area accessible by any member of the public. There is no reason to believe any of the tenants caused the damage (we all have keys and are aware of an intercom system even if we did forget them), and any guests are well aware of the intercom by now.

quietsailor wrote: »

Tragedy - I think you're replying to me here?

You knew what was the landlady was like a year ago yet you hung on in there, nothing she is doing now should be a surprise to you at all.

secondly - you were given the best advice possible a year ago yet you didn't do anything advised (that's what I get from from reading your posts) so it's going to be hard to argue in front of the PRTB about this when you didn't try to do something about the situation a year ago. I've sympathy for your plight but it's tempered by that fact - you did nothing about the problem a year ago.

Regarding the inspections - when I owned a house for rent 2 yrs ago I was selected for a random inspection so yes, they do go about enforcing the rules - have you rang them yet to ask them to inspect the apartment?

I'm not sure you're reading my posts. You appear to be, you're replying to them as if you are, but nothing in your reply shows any comprehension of what I'm posting.

I posted two questions, one about holding on to deposit and one about liability for damage to an external door - and you're talking about my having these issues a year ago and that I should have done something about them a year ago.

I stated that we accepted the landlord not willing to repair/replace things in order to be able to afford to live in Dublin where we were living.

You're clearly bright enough to write excessively long posts, so what's your difficulty in understanding that? I'm asking two questions about recent events and you keep maundering on about a year ago.

MouseTail

Whilst windows and doors might be included on buildings insurance, the insurance will seek assurance the tenant was not liable (Gardai case no), and a pane of glass will be below excess in any case. If you did not bring this to LLs attention during tenancy, I think the LL is reasonable in his deduction this was caused by the tenant or tenant guests slamming door etc. Just my view, I am not a PRTB adjudicator.

quietsailor

Tragedy wrote: »

We were living in a 2 bed apartment with a rent of €1,200 and moved to a 4 bed own door duplex for €1,500 further out the N11, At around 140sqm, it was relative value when we rented it.

External windows and doors are considered to be part of a buildings fabric, and are included in buildings only insurance. Any policy for such a document generally also describes them as such.

If the tenant is liable for any damage to Windows and Doors, a tenant is then liable for a burglar causing damage to a door or window, a storm blowing something in a window, etc etc etc. A tenant is likewise going to be liable for a burst pipe, a tenant is liable for the boiler breaking etc etc. You're arguing that a tenant is liable for any damage caused to an apartment while they're a tenant, regardless as to whether the damage was caused by them (or people they allowed access to the property).
This is clearly wrong.

The damage is to the outside of the property, done from the outside, and in an area accessible by any member of the public. There is no reason to believe any of the tenants caused the damage (we all have keys and are aware of an intercom system even if we did forget them), and any guests are well aware of the intercom by now.


I'm not sure you're reading my posts. You appear to be, you're replying to them as if you are, but nothing in your reply shows any comprehension of what I'm posting.

I posted two questions, one about holding on to deposit and one about liability for damage to an external door - and you're talking about my having these issues a year ago and that I should have done something about them a year ago.

I stated that we accepted the landlord not willing to repair/replace things in order to be able to afford to live in Dublin where we were living.

You're clearly bright enough to write excessively long posts, so what's your difficulty in understanding that? I'm asking two questions about recent events and you keep maundering on about a year ago.

I had to laugh reading the bit in bold - it'd be good advice for you to follow yourself -- here's what I posted on the first page about those 2 questions

"As regards the ESB bill - they shouldn't keep the deposit for this but the LL could explain it away to the PRTB if they had to "They were very argumentative people who never went by the book so I had to wait and get an electrician in as I thought the meter was damaged and that would be their responsibility to pay" - very hard to disprove and all the LL has to do is return the deposit when she is pushed by the PRTB to do so (think a 6-8 month waiting period)

Damaged door - how will you prove you didn't damage it? that's what the PRTB will ask you."

As regards comprehending things -- I'm trying to get the point across to you this is a problem of your own making. If you don't change your attitude this will happen over and over again to you if you rent from other landlords like this, and there is a lot of them out there.