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Had Rats in our house, Do we need to back pay rent?

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  • 16-01-2014 5:13pm
    #1
    becka9310
    Registered Users Posts: 2 ✭


    My housemates and I moved into a house in the middle of september, we viewed the house at the beginning of september and immediately informed the letting agents that the shed in the back garden was full of rubbish, we were assured that this would be cleared before we moved in on the 14th and must have been left there by the last tenants, we paid a deposit and the first months rent and paid for the bins for the nine months we would be living there. When we moved in the shed had still not been cleared but we were assured that the landlord was away at the moment but he would be back within a few days and it would be sorted. The following week we alerted the letting agent to the fact that we had rats in the shed due to the rubbish, once again they gave an excuse about the landlord being away. We immedialty told them that we would not be paying anymore rent until the rats and rubbish were gone as this was totally unsanitary, and we would not be backpaying the rent they had missed due to the rats and rubbish. They agreed and we stayed living in the house as we felt they would quickly sort the problem once they did not recieve rent money, although we did continue paying our bills. They did not clear the rats or the rubbish until the first week in december, we lodged decembers rent and left for christmas however today we recieved a letter stating we had 14 days to backpay the three months rent or they would kick us out of the house and blacklist us for renting in the town.


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    #2
    whomitconcerns
    Registered Users Posts: 4,315 ✭✭✭whomitconcerns


    Unfortunately as you did live there for October and November so you do owe the rent for those months.

    That is of course unless you have it in writing that the rent would be waived until the rats and rubbish were cleared.


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    #3
    whippet
    Registered Users Posts: 7,672 ✭✭✭whippet


    becka9310 wrote: »
    We immedialty told them that we would not be paying anymore rent until the rats and rubbish were gone as this was totally unsanitary, and we would not be backpaying the rent they had missed due to the rats and rubbish. .

    unfortunately this is not something that you can actually do.

    The bottom line is that you owe the rent and all arrears. The 14 notice to clear the arrears has been served and expect a notice to quit (eviction) letter on the 14th day giving you 28 days to vacate the building.


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    #4
    becka9310
    Registered Users Posts: 2 ✭becka9310


    Thanks, they had verbally agreed that we did nto need to backpay the rent, hence why we assumed the problem would be solved immediately, obviously they knew what they were doing when they said we wouldnt need anything in writing :/


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    #5
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    becka9310 wrote: »
    My housemates and I moved into a house in the middle of september, we viewed the house at the beginning of september and immediately informed the letting agents that the shed in the back garden was full of rubbish, we were assured that this would be cleared before we moved in on the 14th and must have been left there by the last tenants, we paid a deposit and the first months rent and paid for the bins for the nine months we would be living there. When we moved in the shed had still not been cleared but we were assured that the landlord was away at the moment but he would be back within a few days and it would be sorted. The following week we alerted the letting agent to the fact that we had rats in the shed due to the rubbish, once again they gave an excuse about the landlord being away. We immedialty told them that we would not be paying anymore rent until the rats and rubbish were gone as this was totally unsanitary, and we would not be backpaying the rent they had missed due to the rats and rubbish. They agreed and we stayed living in the house as we felt they would quickly sort the problem once they did not recieve rent money, although we did continue paying our bills. They did not clear the rats or the rubbish until the first week in december, we lodged decembers rent and left for christmas however today we recieved a letter stating we had 14 days to backpay the three months rent or they would kick us out of the house and blacklist us for renting in the town.

    Do you have that agreement in writing?

    The correct way to remedy issues is to notify them in writing of the issue and give them a reasonable amount of time to remedy it. Also state that if it is not fixed within that period you will pay for it to be remedied with the cost coming out of the rent. You'd need receipts for work carried out. This is all legal and above board.

    It is not acceptable to withhold rent. If you do you can be issued with a notice of arrears and you will have 14 days to pay up, if you do not you will be issued with a notice of termination and have 28 days to vacate and possible lose all of your deposit if the property remains vacant for a while.

    Take no heed of the blacklisting talk.


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    #6
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    Verbal agreements usually mean nothing. Always get agreements of this nature in writing.

    You cannot withhold rent and decide that it wont be paid at all (you cant withhold rent full stop). Whatever the reason behind it, your rent is now in arrears, and the landlord can issue you with a 14 day notice of arrears, and then a 28 notice of termination if the arrears are not cleared in the 14 days.


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    #7
    whippet
    Registered Users Posts: 7,672 ✭✭✭whippet


    becka9310 wrote: »
    Thanks, they had verbally agreed that we did nto need to backpay the rent, hence why we assumed the problem would be solved immediately, obviously they knew what they were doing when they said we wouldnt need anything in writing :/


    therein lies the problem .. verbally agreed and assumptions.

    Mind you I would be very surprised at an EA who would actually agree to the notion of withholding rent.

    If you don't pay, your only recourse will be via the PRTB and while they won't take too kindly to the fact that the LL didn't remove rubbish ... they will not accept that you were in the right to withhold rent.

    If the situation was do dangerous to your health why would you continue living there?


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    #8
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    whippet wrote: »
    If the situation was do dangerous to your health why would you continue living there?

    This would be my first question. If the situation bothered me that much I woudlnt be withholding rent, Id just leave. As it stands, it looks (from the outside) suspiciously like you used it as an excuse not to pay your rent.


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    #9
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    becka9310 wrote: »
    we recieved a letter stating we had 14 days to backpay the three months rent or they would kick us out of the house and blacklist us for renting in the town.
    Do you want to stay there, yes or no? If not, move, and use the unpaid rent as a deposit elsewhere, as they do seem like cowboys.


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