Landlord/Agent Problems

brannid3

Hi Folks,

I moved into a rented apartment in November and I'm having issues with the agent and landlord of the property.

The previous tenant left 2 full panda bins outside the apartment upon leaving and we have been told numerous times that they will be collected - it's June now. The smell of built up rubbish in the hall is terrible and we would often leave a window open to air it out. We've had to drop bins off at our parents homes and recycling centre because out of principle - we refuse to pay for those bins to be removed.

When we raise the issue - the landlord says that he is trying to track down the previous tenant to bill them however I believe he is liable for this. It is not our problem he gave their deposit back to them without the agent checking the property.

The washing machine has now broken and it's been a week and I'm being left in the dark. He had someone look at it yesterday but he was a repair man and we needed a plumber. I raised this issue with him yesterday and he replied that he would get someone (would not give a time) and then took issue with me cause a window was left open (to air the hallway from the smell of bin on the hottest day of the year)

I want to write to him formally and tell him that the cost of removing the bins and laundry will now be deducted from next months rent. Give him the opportunity to sort both out before actually going ahead with it though. What to you guys think?

debabyjesus

You could just pay for the bins to be emptied and move on with your life.

On the washing machine id just get in touch with the landlord and tell him you need it fixed or replaced today and if its not you'll get it fixed or replaced yourself and send him the bill.

brannid3

debabyjesus wrote: »

You could just pay for the bins to be emptied and move on with your life.

On the washing machine id just get in touch with the landlord and tell him you need it fixed or replaced today and if its not you'll get it fixed or replaced yourself and send him the bill.

Using that logic, why shouldn't I send him the bill for the bins?

Michael D Not Higgins

You've had the previous tenant's bins for 8 months?

brannid3

Michael D Not Higgins wrote: »

You've had the previous tenant's bins for 8 months?

Yip, outside on the road. Landlord keeps saying the agent is sorting it and visa versa.

Michael D Not Higgins

Ah that's not on. If they haven't tracked down the tenant in a week, it's been too long, never mind the best part of a year. Regardless, could you suggest they remove the bin and deal with at their convenience, rather than have it sitting outside your place.

I'm sure there's a public health problem here. Have the neighbours not been complaining?

_Kaiser_

Are these regular wheelie bins or some sort of larger one?

I'd just pay it and deduct from next month's rent (with landlords approval of course)

brannid3

Michael D Not Higgins wrote: »

Ah that's not on. If they haven't tracked down the tenant in a week, it's been too long, never mind the best part of a year. Regardless, could you suggest they remove the bin and deal with at their convenience, rather than have it sitting outside your place.

I'm sure there's a public health problem here. Have the neighbours not been complaining?

I think the guy is too mean/cheap to clear it himself. He refuses to clear it till he can re coop the cost of paying panda off.

The neighbours are tolerating it only because I've apologised to them several times to be honest. They are being really decent about the whole thing.

I was thinking of contacting the council and advising them that there's basically an illegal dumping issue in the estate?

brannid3

Kaiser2000 wrote: »

Are these regular wheelie bins or some sort of larger one?

I'd just pay it and deduct from next month's rent (with landlords approval of course)

I think seeing approval from him will be difficult..

_Kaiser_

brannid3 wrote: »

I think seeing approval from him will be difficult..

Is this over the sake of < €20 (wheelie bins are about €8/9 a lift right?)

I'd just pay it to get rid of the health hazard/smell but before doing so I'd tell him in writing (text should do) that you plan to do this within 5 days and will be deducting the cost from the rent unless he offers an alternative to remove the health risk within that timeframe

Michael D Not Higgins

Kaiser2000 wrote: »

Is this over the sake of < €20 (wheelie bins are about €8/9 a lift right?)

I'd just pay it to get rid of the health hazard/smell but before doing so I'd tell him in writing (text should do) that you plan to do this within 5 days and will be deducting the cost from the rent unless he offers an alternative to remove the health risk within that timeframe

It's possible there's an outstanding debt owed to Panda. Is that the case OP? Otherwise for €20 I'd bite the bullet to be rid of the bins.

brannid3

Michael D Not Higgins wrote: »

It's possible there's an outstanding debt owed to Panda. Is that the case OP? Otherwise for €20 I'd bite the bullet to be rid of the bins.

There seems to be some outstanding debt from the previous tenant. They agent says that new replacement bins are needed altogether at that's 80 squid - this is what they are trying to recover from the previous tenant.

However I'm sure and if I explained to panda, they'd remove the crap for 20 quid? Let them stress over replacement bins?

Michael D Not Higgins

brannid3 wrote: »

There seems to be some outstanding debt from the previous tenant. They agent says that new replacement bins are needed altogether at that's 80 squid - this is what they are trying to recover from the previous tenant.

However I'm sure and if I explained to panda, they'd remove the crap for 20 quid? Let them stress over replacement bins?

Why are replacement bins needed? Surely the bins are still there and functional. If not, then Panda won't lift them anyway.

brannid3

Michael D Not Higgins wrote: »

Why are replacement bins needed? Surely the bins are still there and functional. If not, then Panda won't lift them anyway.

To me, it looks like replacement bins aren't needed. The landlord just said to me "we can't clear the bins until the previous woman has paid, when the account closes they take the 2 bins away and replace, otherwise if outstanding debt, they leave them till paid".

I have no idea if there is any truth in that to be honest. To me they just need to be emptied.

I'll ring panda though and will pay for them to take and let him know what I intend to do.

_Kaiser_

brannid3 wrote: »

To me, it looks like replacement bins aren't needed. The landlord just said to me "we can't clear the bins until the previous woman has paid, when the account closes they take the 2 bins away and replace, otherwise if outstanding debt, they leave them till paid".

I have no idea if there is any truth in that to be honest. To me they just need to be emptied.

I'll ring panda though and will pay for them to take and let him know what I intend to do.

OK the replacement bins thing just sounds like administrative red tape because they're linked to the previous tenants account. Same as how Sky for example insist on supplying a new box even if there's one in place.

Call them, tell them you've moved in and would like to setup an account. The previous debt is the last tenant's/landlords problem really but if it's €20 or less to lift the bins I'd pay and proceed as I suggested above

Ashbx

Personally, I would email the landlord first and say that you are giving him 10 days to get the bins collected and that you are giving him formal written notice that if the bins are not collected, that you will settle the bill yourself and will deduct the amount from the rent. (As far as I know, each landlord must get the house cleaned before the next tenant comes in anyway....obviously your landlord didn't do this).

I would also mention in the email to your landlord that if this does not get sorted in the next 10 days that you will bring this matter to the Private Residential Tenancies Board to make a complaint about the landlord.

Also Threshold.ie offers free advice to tenants to maybe give them a shout and they can give you some properly informed advice!

Good luck!

brannid3

Ashbx wrote: »

Personally, I would email the landlord first and say that you are giving him 10 days to get the bins collected and that you are giving him formal written notice that if the bins are not collected, that you will settle the bill yourself and will deduct the amount from the rent. (As far as I know, each landlord must get the house cleaned before the next tenant comes in anyway....obviously your landlord didn't do this).

I would also mention in the email to your landlord that if this does not get sorted in the next 10 days that you will bring this matter to the Private Residential Tenancies Board to make a complaint about the landlord.

Also Threshold.ie offers free advice to tenants to maybe give them a shout and they can give you some properly informed advice!

Good luck!

Thank you, sound advise.

Michael D Not Higgins

You are in no way legally allowed to deduct money from the rent without the landlord's consent. By all means, threaten a PRTB complaint and follow through on it if the landlord doesn't do anything.

Ashbx

Michael D Not Higgins wrote: »

You are in no way legally allowed to deduct money from the rent without the landlord's consent. By all means, threaten a PRTB complaint and follow through on it if the landlord doesn't do anything.

I do agree with that but if this has been going on for 8 months, and in the OPs last email they have given him written notice that they will deduct the amount if they haven't heard from him, then I dont see what other choice they have. They have given plenty of notice at this stage. And the landlord CANNOT leave a person to live with 8 months of rubbish in their hall....its completely out of order!

OP, you could even put a note in the mail saying "if I do not receive an email reply from you within 10 working days, I will take the silence to be consent to do this". That way you are giving them full opportunity to oppose to this. If you threaten to inform the PRTB, I have no doubt you will get a response pretty smartly!

Skerries

I had a tenant that hadn't settles their bin charges so i rang the company and explained it they just cleared the account and set it up for the new tenants
So I would just ring them and say you have moved in and just set up a new account

brannid3

Skerries wrote: »

I had a tenant that hadn't settles their bin charges so i rang the company and explained it they just cleared the account and set it up for the new tenants
So I would just ring them and say you have moved in and just set up a new account

I called Panda, she said that there were 9 bins registered to the apartment a large outstanding bill but could not discuss the details. She said that it was the landlords problem and I can't take over the account..

_Kaiser_

Michael D Not Higgins wrote: »

You are in no way legally allowed to deduct money from the rent without the landlord's consent. By all means, threaten a PRTB complaint and follow through on it if the landlord doesn't do anything.

See this is where the whole process falls down in this country.

In the real world we have a landlord dragging their heels and the tenant is the one suffering the consequences - and in this case, potential health hazard

So the tenant should go to the PRTB, log a dispute, wait a year and maybe it'll go in their favour? What do they do in the meantime? OK in this case it's a fairly simple issue that can likely be resolved for €20 (or free based on Skerries reply) but there's countless similar - and more serious - incidents reported on this forum daily.

It's always funny how landlords object to the idea of hitting them where it hurts when they've sat on/ignored the problem after being given ample opportunity to resolve it (as in this case), and they'll point to the PRTB being the solution and how it protects tenants etc etc - but they're not the ones affected by the problem are they? Nope, they'll still be secure at home free to wash their hands of it because in the REAL world very little is likely to happen to them.

Interesting that! As I've said before.. too many landlords out there that want all of the reward and none of the work/risk.

Michael D Not Higgins

Kaiser2000 wrote: »

See this is where the whole process falls down in this country.

In the real world we have a landlord dragging their heels and the tenant is the one suffering the consequences - and in this case, potential health hazard

I'm not advocating the system, only explaining it. Unpaid rent can be used against a tenant if a PRTB case does come up.

Grandpa Hassan

Kaiser2000 wrote: »

It's always funny how landlords object to the idea of hitting them where it hurts when they've sat on/ignored the problem after being given ample opportunity to resolve it (as in this case), and they'll point to the PRTB being the solution and how it protects tenants etc etc - but they're not the ones affected by the problem are they? Nope, they'll still be secure at home free to wash their hands of it because in the REAL world very little is likely to happen to them.

Interesting that! As I've said before.. too many landlords out there that want all of the reward and none of the work/risk.

As a bit of a balance to the landlord bashing, remember that this issue has arisen on account of the actions of irresponsible tenants walking away and leaving unpaid bills

_Kaiser_

Grandpa Hassan wrote: »

As a bit of a balance to the landlord bashing, remember that this issue has arisen on account of the actions of irresponsible tenants walking away and leaving unpaid bills

Yes but it's the landlord's job to sort it out as the property owner, not the OP - especially as (based on the OP's last post) the waste company won't deal with him anyway.

The landlord is free to pursue the last tenant through the PRTB or courts if they wish. The OP shouldn't have to put up with it or be out of pocket as a result.

The_Morrigan

Ashbx wrote: »

I do agree with that but if this has been going on for 8 months, and in the OPs last email they have given him written notice that they will deduct the amount if they haven't heard from him, then I dont see what other choice they have. They have given plenty of notice at this stage. And the landlord CANNOT leave a person to live with 8 months of rubbish in their hall....its completely out of order!

OP, you could even put a note in the mail saying "if I do not receive an email reply from you within 10 working days, I will take the silence to be consent to do this". That way you are giving them full opportunity to oppose to this. If you threaten to inform the PRTB, I have no doubt you will get a response pretty smartly!

Silence does not constitute consent.....so don't do that.

Any and all deductions from the rent must be pre-approved by the landlord or an agent working for him.

OP I would ring Panda and explain to them that you are living in a house and that there seems to be abandoned bins belonging to them left outside and can they remove them as you don't know who they belong to.
Are you obliged to have Panda as your bin company? Can you get your bin services from another company?

brannid3

The_Morrigan wrote: »

Silence does not constitute consent.....so don't do that.

Any and all deductions from the rent must be pre-approved by the landlord or an agent working for him.

OP I would ring Panda and explain to them that you are living in a house and that there seems to be abandoned bins belonging to them left outside and can they remove them as you don't know who they belong to.
Are you obliged to have Panda as your bin company? Can you get your bin services from another company?

I called them! They are owed money so won't really assist. The bins are in previous tenants name as well..

The_Morrigan

brannid3 wrote: »

I called them! They are owed money so won't really assist. The bins are in previous tenants name as well..

But are you obliged to use them as a service provider? If you have your own bins (fully operational, no arrears etc) then you could report to the council that Panda are refusing to collect their bins which are full and a health hazard.

brannid3

The_Morrigan wrote: »

But are you obliged to use them as a service provider? If you have your own bins (fully operational, no arrears etc) then you could report to the council that Panda are refusing to collect their bins which are full and a health hazard.

I think I might just have to do that with the council to be honest. Absolutely fed up. Just hope they don't fine the landlord and fine the previous tenant! People are such lazy gits sometimes!

The_Morrigan

brannid3 wrote: »

I think I might just have to do that with the council to be honest. Absolutely fed up. Just hope they don't fine the landlord and fine the previous tenant! People are such lazy gits sometimes!

Let them fine the landlord, it's not your debt or your account.
With the weather as it is now, I'd be getting onto the council pronto.

quietsailor

brannid3 wrote: »

I called Panda, she said that there were 9 bins registered to the apartment a large outstanding bill but could not discuss the details. She said that it was the landlords problem and I can't take over the account..

But have you tried to set up a NEW account with Panda? How are you getting your bins emptied now - are you saying you've 8 months of your won rubbish piled up?

willfarmerman

Honestly is it that hard to find a place to rent? Get out of there.

Michael D Not Higgins

willfarmerman wrote: »

Honestly is it that hard to find a place to rent? Get out of there.

Yes in Dublin it is that hard.

brannid3

quietsailor wrote: »

But have you tried to set up a NEW account with Panda? How are you getting your bins emptied now - are you saying you've 8 months of your won rubbish piled up?

No my parents are taking the bins weekly. I've tried but there are 9 bins outside apparently registered to the address. I do not wish to add another 2.

Michael D Not Higgins

brannid3 wrote: »

No my parents are taking the bins weekly. I've tried but there are 9 bins outside apparently registered to the address. I do not wish to add another 2.

Are there actually 9 bins outside, as you only mentioned the two full ones. If not, where are all the bins gone?

brannid3

Michael D Not Higgins wrote: »

Are there actually 9 bins outside, as you only mentioned the two full ones. If not, where are all the bins gone?

There are 9 bins outside. Panda said that these are registered to the house. I am only trying to get 2 sorted out, I'm not taking responsibility for 9. Half these bins are full

_Kaiser_

Call the HSE and local council. Tell them there are 9 full or partly full bins outside your home that you have no responsibility for but which the refuse company are refusing to collect owing to some sort of payment dispute with a previous tenant/owner of the property

Either that or tell your landlord you will be moving out as soon as you can arrange it as a result of his inaction and the health risk. Log a case with the PRTB to this effect as well.

Michael D Not Higgins

brannid3 wrote: »

There are 9 bins outside. Panda said that these are registered to the house. I am only trying to get 2 sorted out, I'm not taking responsibility for 9. Half these bins are full

Are you in a block of flats? Do these belong to other people in the same building? This just keeps getting stranger. Why would someone get 9 bins on the same account?

brannid3

Michael D Not Higgins wrote: »

Are you in a block of flats? Do these belong to other people in the same building? This just keeps getting stranger. Why would someone get 9 bins on the same account?

I live a block of flats, there are 9 bins along a wall at the front of 2 houses (4 apartments). I live upstairs.

So there are 9 bins in front of the wall. I initially thought the others were my neighbours downstairs but they actually drag their bins underneath the stairs when collection is over.

I think she's wrong there can't be 9 bins registered but then again I've never seen anyone using them? She may have meant they are owed for 9 bins.

brannid3

Kaiser2000 wrote: »

Call the HSE and local council. Tell them there are 9 full or partly full bins outside your home that you have no responsibility for but which the refuse company are refusing to collect owing to some sort of payment dispute with a previous tenant/owner of the property

Either that or tell your landlord you will be moving out as soon as you can arrange it as a result of his inaction and the health risk. Log a case with the PRTB to this effect as well.

Thanks for the advice. I believe panda is wrong about the 9 but there are definitely a few bins registered to my flat.

I'm going to call around to my neighbours and find out whose bin is whose. The remainder I'll report to the council. Such a hassle but has to be done.

brannid3

Michael D Not Higgins wrote: »

Are you in a block of flats? Do these belong to other people in the same building? This just keeps getting stranger. Why would someone get 9 bins on the same account?

It's not someone. It's more than likely all the previous tenants that flocked off and didn't close their accounts. It's a years lease with the place so it's had numerous past tenants that did not leave carrying their bins with them. Presumably panda never collected as it costs 80 quid to replace them.

foggy_lad

brannid3 wrote: »

I called them! They are owed money so won't really assist. The bins are in previous tenants name as well..

If they told you that they are owed money then get onto the data protection commissioner as they can't discuss any other account with you except your own! Then contact the council and tell them the bins are illegally dumped on the street outside, then write to the ptrb and make a complaint about the landlord.

brannid3

foggy_lad wrote: »

If they told you that they are owed money then get onto the data protection commissioner as they can't discuss any other account with you except your own! Then contact the council and tell them the bins are illegally dumped on the street outside, then write to the ptrb and make a complaint about the landlord.

Do you suggest I give agent or landlord advanced warning though?

Michael D Not Higgins

brannid3 wrote: »

Do you suggest I give agent or landlord advanced warning though?

I think 8 months has been sufficient.

hdowney

This is disgusting carry on tbh. Your landlord is dragging his heels and presumably expecting you to get so fed up that you just go ahead and deal with it yourself and leave him out of it. It is HIS responsibility and he needs to pull the finger out, stop being an a-hole and get it sorted.

brannid3

hdowney wrote: »

This is disgusting carry on tbh. Your landlord is dragging his heels and presumably expecting you to get so fed up that you just go ahead and deal with it yourself and leave him out of it. It is HIS responsibility and he needs to pull the finger out, stop being an a-hole and get it sorted.

See what I hate is that they are all smiles "we're sorting it out don't worry, all will be well soon, they must have come and picked up the wrong bins, I'm ringing them twice a week...".

I feel like I'm the eejit for not being the stronger person initially and allowing them to get the impression they could do this in the first place! Guess I better man the f**k up!

_Kaiser_

brannid3 wrote: »

See what I hate is that they are all smiles "we're sorting it out don't worry, all will be well soon, they must have come and picked up the wrong bins, I'm ringing them twice a week...".

I feel like I'm the eejit for not being the stronger person initially and allowing them to get the impression they could do this in the first place! Guess I better man the f**k up!

Tell him he has till Tuesday next to resolve the situation or you will:

a) Do so yourself, and deduct the cost from next month's rent and log this with the PRTB

(For everyone else - yes yes, I know this isn't "allowed" but the rules only work when EVERYONE plays by them which this lanlord clearly isn't doing - 8 months later!)

OR

b) Be giving your notice and logging the case with the PRTB, local Council and HSE

Then give him till 5PM tomorrow to respond

Time to play hard ball with this guy!

foggy_lad

A tenant is allowed to fix things and use the rent to pay for it but only where the landlord or their agents have failed to deal with and resolve the issues.

OP you can give the landlord a final notice to get the washing machine repaired or put him on notice that you will get it done your self and deduct the reasonable cost from your rent. That might get him off his arse!

Ashbx

Kaiser2000 wrote: »

Tell him he has till Tuesday next to resolve the situation or you will:

a) Do so yourself, and deduct the cost from next month's rent and log this with the PRTB

(For everyone else - yes yes, I know this isn't "allowed" but the rules only work when EVERYONE plays by them which this lanlord clearly isn't doing - 8 months later!)

OR

b) Be giving your notice and logging the case with the PRTB, local Council and HSE

Then give him till 5PM tomorrow to respond

Time to play hard ball with this guy!

I second this!