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Fishy Landlord

  • 16-02-2014 8:28pm
    #1
    Registered Users, Registered Users 2 Posts: 28


    Hi everyone, this is my first time posting so hope this is the right place I'm posting in. Myself and my boyfriend moved into a house five months ago. We found the house through a letting agency who we're doing a tenant find for a landlord. The landlord lives in a different county so we signed what the letting agency called a temporary lease so we could get the keys that day, and when we met the landlord later on she said she would send us down a proper lease to sign. Five months later, and we've still not received it. We've noticed that she'll never text back if we ask her anything about the house, or even when I texted to ask when the boiler was last serviced, yet if the rent is a day late she'll have no problem contacting us. We've talked to previous tenants who said they never signed a lease either and also said the same about having difficulty contacting and getting answers from her. My biggest concern is that we have no rights seeing as we haven't signed a proper lease. Has anybody else experienced a similar situation? I'd really appreciate the advice, as we're not sure what to do.


Comments

  • Registered Users, Registered Users 2 Posts: 6,794 ✭✭✭cookie1977


    Hi everyone, this is my first time posting so hope this is the right place I'm posting in. Myself and my boyfriend moved into a house five months ago. We found the house through a letting agency who we're doing a tenant find for a landlord. The landlord lives in a different county so we signed what the letting agency called a temporary lease so we could get the keys that day, and when we met the landlord later on she said she would send us down a proper lease to sign. Five months later, and we've still not received it. We've noticed that she'll never text back if we ask her anything about the house, or even when I texted to ask when the boiler was last serviced, yet if the rent is a day late she'll have no problem contacting us. We've talked to previous tenants who said they never signed a lease either and also said the same about having difficulty contacting and getting answers from her. My biggest concern is that we have no rights seeing as we haven't signed a proper lease. Has anybody else experienced a similar situation? I'd really appreciate the advice, as we're not sure what to do.
    No.1 you do have rights but there's a lot that you need to consider here. If the landlord is non resident it's actually down to you to retain tax from the rent you pay.
    Tax issues
    If your landlord lives outside the State, you must deduct tax for the rent and account for it to the Revenue Commissioners. If you pay income tax and you were already renting on 7 December 2010, you may be eligible for some tax relief on the rent.

    Read more in our document on tax issues for tenants.

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


    You should contact threshold and talk to them. They'll be able to advise you but in the mean time citizens info is useful or the PRTB can help


  • Registered Users, Registered Users 2 Posts: 28 Dildo S. Trap


    cookie1977 wrote: »
    No.1 you do have rights but there's a lot that you need to consider here. If the landlord is non resident it's actually down to you to retain tax from the rent you pay.


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


    You should contact threshold and talk to them. They'll be able to advise you but in the mean time citizens info is useful or the PRTB can help

    Thank you, appreciate the reply!


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


    What did this temporary lease say exactly?


  • Registered Users, Registered Users 2 Posts: 221 ✭✭BrianHenryIE


    cookie1977 wrote: »
    If the landlord is non resident it's actually down to you to retain tax from the rent you pay.

    They said different county, not country.

    I never signed a lease for my current apartment. Nobody was ever able to explain the benefit to me of signing.


  • Registered Users, Registered Users 2 Posts: 28 Dildo S. Trap


    djimi wrote: »
    What did this temporary lease say exactly?

    It stated the date we began the tenancy and the date the tenancy will be terminated, and the date the rent is due. That's it.


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


    Hi everyone, this is my first time posting so hope this is the right place I'm posting in. Myself and my boyfriend moved into a house five months ago. We found the house through a letting agency who we're doing a tenant find for a landlord. The landlord lives in a different county so we signed what the letting agency called a temporary lease so we could get the keys that day, and when we met the landlord later on she said she would send us down a proper lease to sign. Five months later, and we've still not received it. We've noticed that she'll never text back if we ask her anything about the house, or even when I texted to ask when the boiler was last serviced, yet if the rent is a day late she'll have no problem contacting us. We've talked to previous tenants who said they never signed a lease either and also said the same about having difficulty contacting and getting answers from her. My biggest concern is that we have no rights seeing as we haven't signed a proper lease. Has anybody else experienced a similar situation? I'd really appreciate the advice, as we're not sure what to do.
    cookie1977 wrote: »
    No.1 you do have rights but there's a lot that you need to consider here. If the landlord is non resident it's actually down to you to retain tax from the rent you pay.

    Think the LL lives in another county rather than country. OP - Do you have an address for the LL? I think by law you have to have full contact details.

    In addition to speaking to Threshold, I'd be putting all the concerns you have about your home in writing and sending them off to the agency via Registered Post. Take dated photos too if you need to.

    BTW - Why did you need a temporary lease? And how long was it for??


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


    It stated the date we began the tenancy and the date the tenancy will be terminated, and the date the rent is due. That's it.

    It might be worth having a chat with Threshold and see what they reckon. Im not actually sure how little you can have in a lease to make it valid, but if youre "agreement" also includes the rental amount then it might well be enough.

    Legally you are entitled to the contact details of your landlord (or for them to assign an agent to deal with you). If you have neither then someone is breaking the law.


  • Registered Users, Registered Users 2 Posts: 28 Dildo S. Trap


    Think the LL lives in another county rather than country. OP - Do you have an address for the LL? I think by law you have to have full contact details.

    In addition to speaking to Threshold, I'd be putting all the concerns you have about your home in writing and sending them off to the agency via Registered Post. Take dated photos too if you need to.

    BTW - Why did you need a temporary lease? And how long was it for??

    That's right, she lives in Cork. No address for her. We signed a temporary lease as we had to move out of our old apartment as soon as possible as there was a neighbour dealing heroin and brining all sorts of trouble to our door, and we didn't want to have our young daughter around that.


  • Registered Users, Registered Users 2 Posts: 377 ✭✭Sikpupi


    Reminds me of when I was single - I looked for a room share and ended up in a very, very nice house sharing with a couple.

    They advised me that they were married and they were looking to share the cost of the mortgage by renting out a few rooms. I was the 1st to apply and I got a lovely 'kids' room with Jungle Book characters painted on the walls. They had the adjoining room which they kept locked and every time they left or entered that room - you could hear the sound of keys.

    I was told that the Sitting Room was theirs and that they would prefer if I didn't use it.... no problem as I had my own TV anyway.

    About 1.5 months later - I meet them one day on stairs and the man tells me that I must leave by Friday as house is sold!!!!. Thought that odd.... but I agreed once I got my deposit on Friday evening when I came home for my stuff. On Friday evening - the woman tells me the man delayed in work and wont have deposit til Monday.

    Trusting as I was - I agreed to meet them in local pub on Monday night at 7pm. Of course - they never showed!!

    Has a business card that they gave me - but it was a PO BOX type setup and the number rang to a girl who just takes messages and passes on later.

    Gutted that I got stung.... but had a 2nd copy of keys of house (cute me!!) and drove over on Tuesday night and noticed lights on ...so opened door with keys and all hell nearly broke loose. Women screaming and some man comes at me with fists flying !!!! Anyway - all calmed down and they advised that they employed a 'House-sitter couple' to mind house while they toured the world and looks like my people wanted to make a few bob by sub-letting while they away and got caught short with the unexpected return of the owners!!!

    Did I not feel like a complete mug.....and they were such a nice couple as well!!


  • Registered Users, Registered Users 2 Posts: 28 Dildo S. Trap


    Sikpupi wrote: »
    Reminds me of when I was single - I looked for a room share and ended up in a very, very nice house sharing with a couple.

    They advised me that they were married and they were looking to share the cost of the mortgage by renting out a few rooms. I was the 1st to apply and I got a lovely 'kids' room with Jungle Book characters painted on the walls. They had the adjoining room which they kept locked and every time they left or entered that room - you could hear the sound of keys.

    I was told that the Sitting Room was theirs and that they would prefer if I didn't use it.... no problem as I had my own TV anyway.

    About 1.5 months later - I meet them one day on stairs and the man tells me that I must leave by Friday as house is sold!!!!. Thought that odd.... but I agreed once I got my deposit on Friday evening when I came home for my stuff. On Friday evening - the woman tells me the man delayed in work and wont have deposit til Monday.

    Trusting as I was - I agreed to meet them in local pub on Monday night at 7pm. Of course - they never showed!!

    Has a business card that they gave me - but it was a PO BOX type setup and the number rang to a girl who just takes messages and passes on later.

    Gutted that I got stung.... but had a 2nd copy of keys of house (cute me!!) and drove over on Tuesday night and noticed lights on ...so opened door with keys and all hell nearly broke loose. Women screaming and some man comes at me with fists flying !!!! Anyway - all calmed down and they advised that they employed a 'House-sitter couple' to mind house while they toured the world and looks like my people wanted to make a few bob by sub-letting while they away and got caught short with the unexpected return of the owners!!!

    Did I not feel like a complete mug.....and they were such a nice couple as well!!

    Feck, sorry to hear that happened to you, that's crazy! Was there anything you could do about it? Now that you say that, we know two people that were tennants here before and neither got their deposit back, but I only know their side of the story. I guess I'll be doing my homework!


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


    That's right, she lives in Cork. No address for her. We signed a temporary lease as we had to move out of our old apartment as soon as possible as there was a neighbour dealing heroin and brining all sorts of trouble to our door, and we didn't want to have our young daughter around that.
    A lease that acts as a rent book must contain certain details which include the landlord's address, their emergency contact number, their agent (if any) and agent's address, the address of the rented property, the tenant's name, the commencement date of the tenancy, the amount of rent and when the rent is due.

    If the lease does not contain these details, the landlord must supply a rent book with the same details. If one or the other is not provided and in compliance, the landlord is in breach of her obligations.

    If the agent was only acting as a finder agent, then there is no use writing to them - unless it is to get the landlord's address and contact number. In the end, it is the landlord who is responsible for the tenancy.

    Any issues you have you should put in writing and if any are breaching the landlord's obligations, put a time frame of a maximum of 14 days to have them remedied.

    Keep a record (paper trail) of any and all contact with the agent and landlord. If contact was by phone, follow this up with written confirmation to the other party of what was agreed verbally so that there is a record of it.

    A lease con have as much or as little as the landlord wants - however, it should contain certain details that identify the property and the the landlord and the tenant, the rent and the date rent is due. However, don't forget a verbal or implied lease is also a legal contract but then, a rent book must be supplied to give the details as mentioned above.


  • Registered Users, Registered Users 2 Posts: 28 Dildo S. Trap


    odds_on wrote: »
    A lease that acts as a rent book must contain certain details which include the landlord's address, their emergency contact number, their agent (if any) and agent's address, the address of the rented property, the tenant's name, the commencement date of the tenancy, the amount of rent and when the rent is due.

    If the lease does not contain these details, the landlord must supply a rent book with the same details. If one or the other is not provided and in compliance, the landlord is in breach of her obligations.

    If the agent was only acting as a finder agent, then there is no use writing to them - unless it is to get the landlord's address and contact number. In the end, it is the landlord who is responsible for the tenancy.

    Any issues you have you should put in writing and if any are breaching the landlord's obligations, put a time frame of a maximum of 14 days to have them remedied.

    Keep a record (paper trail) of any and all contact with the agent and landlord. If contact was by phone, follow this up with written confirmation to the other party of what was agreed verbally so that there is a record of it.

    A lease con have as much or as little as the landlord wants - however, it should contain certain details that identify the property and the the landlord and the tenant, the rent and the date rent is due. However, don't forget a verbal or implied lease is also a legal contract but then, a rent book must be supplied to give the details as mentioned above.

    Thank you for the reply :) We do not have a rent book as we have her account details to pay her throught the bank, Thanks for the info


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


    Thank you for the reply :) We do not have a rent book as we have her account details to pay her throught the bank, Thanks for the info
    As I said previously, if your lease agreement does not contain the required details, then you must be supplied with a rent book. A rent book does not only show the rent amount and when paid, but also confirms certain details of the tenancy. It is a requirement of the law that this is provided, whether or not you pay directly into her bank account.

    Without either a proper lease agreement with the required details or a completed rent book, the landlord is in breach of her obligations.


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