Witholding rent until landlord fixes something - is this legal?

Giak

Hi

I have notified the landlord numerous times about a few problems with the house.

First there was a leak in the bedroom wall. He wiped away the mould and now the wall is starting to crack. This is a new (completed around 2005), airy and well insulated apartment except for this one corner in the bedroom. Which is right beside an open vent.

The second problem is the carpet in the corridoor outside the front door.

We're on the 5th floor with a door to the rooftop a few meters away from our front door. The rooftop door has been leaking since before we moved in and the carpet is damp, mouldy and smells like crap. You can imagine the state of it during the recent storm.

He sent somebody to "fix" it a few months ago by tearing up a section of the mouldy carpet nearest our door. So half of the floor is mouldy concrete, the other half is mouldy carpet. It's like something from a slum, although the 2 bed apartment costs €900 / month.

Can I just stop paying until he sorts everything out? Or withold some of the rent?

Thanks

runawaybishop

No, you cannot withhold rent. What you can do is given him written notification of the issues with a reasonable time you expect them to be fixed within and state if they are not fixed in that time you will organise the repair yourself and take that money out of the rent. You will need to provide receipts for all work carried out. If you do not wish to organise the work yourself you would be entitled to terminate your tenancy.

djimi

No, you cannot stop paying rent under any circumstances.

The carpet in the hall outside is most likely outside of his control and is an issue with the management company to sort out. That said, he is the one who would be expected to deal with the management company in order to get it sorted.

You need to put the issue in the bedroom into writing and request a timeframe for resolution. If this timeframe is not met, you can send another letter stating that if the issue is not sorted by X time then you will seek to terminate the lease/have the issue sorted at your own expense and deduct the cost from the rent (delete as appropriate; its up to you how to proceed), assuming that the issue is actually causing problems for you with the tenancy and the crack is not just a cosmetic issue.

odds_on

djimi wrote: »

No, you cannot stop paying rent under any circumstances.

The carpet in the hall outside is most likely outside of his control and is an issue with the management company to sort out. That said, he is the one who would be expected to deal with the management company in order to get it sorted.

You need to put the issue in the bedroom into writing and request a timeframe for resolution. If this timeframe is not met, you can send another letter stating that if the issue is not sorted by X time then you will seek to terminate the lease/have the issue sorted at your own expense and deduct the cost from the rent (delete as appropriate; its up to you how to proceed), assuming that the issue is actually causing problems for you with the tenancy and the crack is not just a cosmetic issue.

But if he hasn't paid his service charges, he is unlikely to want to contact the management company.

djimi

odds_on wrote: »

But if he hasn't paid his service charges, he is unlikely to want to contact the management company.

Possibly. Thats his issue to sort.

odds_on

djimi wrote: »

Possibly. Thats his issue to sort.

Slightly off-topic, but perhaps prospective tenants of apartments should ask to have a clause put in their leases that the service charges are paid and up-to-date.

dinnyirwin

odds_on wrote: »

Slightly off-topic, but perhaps prospective tenants of apartments should ask to have a clause put in their leases that the service charges are paid and up-to-date.

You can but ask if you want it. What are you going to say when the answer is "no. next person please."

odds_on

dinnyirwin wrote: »

You can but ask if you want it. What are you going to say when the answer is "no. next person please."

Chances are then that landlord may not have paid the service charges and the tenant may suffer as a result, so maybe better to walk away.

In my complex, the management company are considering restrictions on landlords who have not paid them - satelite dishes to be taken down (most of which have been put up without permission), parking, no key to rubbish disposal area.

The_Morrigan

odds_on wrote: »

Slightly off-topic, but perhaps prospective tenants of apartments should ask to have a clause put in their leases that the service charges are paid and up-to-date.

dinnyirwin wrote: »

You can but ask if you want it. What are you going to say when the answer is "no. next person please."

odds_on wrote: »

Chances are then that landlord may not have paid the service charges and the tenant may suffer as a result, so maybe better to walk away.

In my complex, the management company are considering restrictions on landlords who have not paid them - satelite dishes to be taken down (most of which have been put up without permission), parking, no key to rubbish disposal area.

Can we get back to the OP's issue please?

Thanks,
Morri

dinnyirwin

odds_on wrote: »

Chances are then that landlord may not have paid the service charges and the tenant may suffer as a result, so maybe better to walk away.

In my complex, the management company are considering restrictions on landlords who have not paid them - satelite dishes to be taken down (most of which have been put up without permission), parking, no key to rubbish disposal area.

Probably better to move on then.
And he hasnt paid his taxes either and wants to keep your deposit. And hes racist and all the other baseless assumptions people make without a shred of evidence.

What you are saying your complex is considering is fairly standard these days. I think your complex is behind the curve there. But for satellite dishes i think ALL OF THEM should be removed. If they are against the complex rules.
Preventing people using the rubbish stores could get very messy. Maybe dont try that one.

Santa Cruz

You can check the PRTB site to see the procedure for getting the landlords to do repairs. You have no right to withhold payment of rent.