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Refusing to pay landlord. Our rights?

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  • 08-12-2014 8:12pm
    #1
    dodderangler
    Registered Users Posts: 9,204 ✭✭✭


    Just Wondering if I have any rights here.
    Heating has been broke in house fr 4 months and landlord has known about it. He's done sweet **** all about it and I'm sick f it now. So I am refusing to pay rent because of it
    I have a 5 year child and another on the way it's freezing and electricity bill will be up the roof fr plug in heaters
    Have I rights t refuse payment till he fixes heating?


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    #2
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    two wrongs don't make a right
    the prtb frown on taking the law into your own hands (trust me i was in a similar situation and i with held rent, they held it against me)
    ring the prtb and ask for help


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    #3
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Maybe I'm wrong but can't you get it fixed and take it off the rent if he doesn't fix it in a reasonable time frame?


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    #4
    Mr_Red
    Closed Accounts Posts: 483 ✭✭Mr_Red


    dodderangler wrote: »
    Just Wondering if I have any rights here.
    Heating has been broke in house fr 4 months and landlord has known about it. He's done sweet **** all about it and I'm sick f it now. So I am refusing to pay rent because of it
    I have a 5 year child and another on the way it's freezing and electricity bill will be up the roof fr plug in heaters
    Have I rights t refuse payment till he fixes heating?

    So when are you moving out to a house with working heating?


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    #5
    dynamited
    Closed Accounts Posts: 74 ✭✭dynamited


    Pay your landlord !!!!


    Landlords don't have it as easy as everyone suggest, let's start with the basics here


    Who broke the radiator??


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    #6
    dodderangler
    Registered Users Posts: 9,204 ✭✭✭dodderangler


    Mr_Red wrote: »
    So when are you moving out to a house with working heating?

    Nt exactly a helpful post. If you can find me a house close to my Job, girlfriends job and my daughters school then please do tell because right now were in perfect House for our jobs college and daughters school exept having no heating


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    #7
    Hollister11
    Closed Accounts Posts: 5,482 ✭✭✭Hollister11


    No rights.
    No rent = no house.

    Simple


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    #8
    dodderangler
    Registered Users Posts: 9,204 ✭✭✭dodderangler


    dynamited wrote: »
    Pay your landlord !!!!


    Landlords don't have it as easy as everyone suggest, let's start with the basics here


    Who broke the radiator??

    We never used it as we moved in April and it's been warm but discovered it not wirking in September and he's known about it and is doing nothing about it


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    #9
    shruikan2553
    Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    You can't just stop paying rent. If you won't move out you can report it to the local authority that the place is not meeting minimum standards.


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    #10
    Mr_Red
    Closed Accounts Posts: 483 ✭✭Mr_Red


    Oh FFS

    You are a parent....... But unable to handle this simple situation.

    1. Ring a plumber and get it check out.

    2. get a quote

    3. Tell the landlord the quote and that you are getting it fixed and deducting it from the rent.

    4. Done


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    #11
    Boskowski
    Closed Accounts Posts: 5,361 ✭✭✭Boskowski


    Surely you rented a house with a working heating system. If that's not the case only one side adheres to the rental agreement. Eventually you would think one would have to withhold rent partially at least.

    If you reported in September and nothing's happening it would suggest withholding money may be the only thing that's understood?


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    #12
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    your rights? to not pay, none
    How did you inform your landlord of this problem?


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    #13
    anncoates
    Closed Accounts Posts: 13,925 ✭✭✭✭anncoates


    As said, if you must withhold rent, get the heating fixed, keep a receipt and take the exact amount from the rent. That shows you are genuine and puts the ball in the landlords court.

    All that withholding the entire rent will do is give the suspicion you are using the heating as an excuse to not pay rent.


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    #14
    Mr_Red
    Closed Accounts Posts: 483 ✭✭Mr_Red


    anncoates wrote: »
    As said, if you must withhold rent, get the heating fixed, keep a receipt and take the exact amount from the rent. That shows you are genuine and puts the ball in the landlords court.

    All that withholding the entire rent will do is give the suspicion you are using the heating as an excuse to not pay rent.

    This is exactly how it looks. and before you think otherwise. I am a renter. not an LL


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    #15
    ted1
    Registered Users Posts: 23,327 ✭✭✭✭ted1


    dodderangler wrote: »
    Just Wondering if I have any rights here.
    Heating has been broke in house fr 4 months and landlord has known about it. He's done sweet **** all about it and I'm sick f it now. So I am refusing to pay rent because of it
    I have a 5 year child and another on the way it's freezing and electricity bill will be up the roof fr plug in heaters
    Have I rights t refuse payment till he fixes heating?

    What part of the heating doesn't work? What kind of heating is it? Gas, oil, electricity ?
    Did it work before ? If it's oil might the tank be empty? If it's gaslight the tank be empty or supply cut off ?


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    #16
    h2005
    Registered Users Posts: 1,384 ✭✭✭h2005


    Mr_Red wrote: »
    Oh FFS

    You are a parent....... But unable to handle this simple situation.

    1. Ring a plumber and get it check out.

    2. get a quote

    3. Tell the landlord the quote and that you are getting it fixed and deducting it from the rent.

    4. Done

    That's how I'd handle it.


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    #17
    dodderangler
    Registered Users Posts: 9,204 ✭✭✭dodderangler


    ted1 wrote: »
    What part of the heating doesn't work? What kind of heating is it? Gas, oil, electricity ?
    Did it work before ? If it's oil might the tank be empty? If it's gaslight the tank be empty or supply cut off ?

    It's gas and he said it worked when we moved in April but havint needed it till September tried and it didn't work


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    #18
    Mr_Red
    Closed Accounts Posts: 483 ✭✭Mr_Red


    dodderangler wrote: »
    It's gas and he said it worked when we moved in April but havint needed it till September tried and it didn't work

    and why havent you called a plumber in 3 months?


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    #19
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    More importantly. This suggests the heating hasn't been serviced. When was the last time the boiler and heating were serviced - Did you ask about it when viewing and did you get proof it was done?

    And yes. Get an RGI out ASAP to have a look and service the heating properly. By law, only RGI's can touch gas installations.


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    #20
    amdublin
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 20,648 CMod ✭✭✭✭amdublin


    Do the radiators need to be bled?

    Every year my heating "doesn't work properly" - I never notice it initially, but when it gets really cold I realise all the rads are only heating halfway.

    I bleed them and they are fine.

    What do you mean by broken? What exactly is not working??


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    #21
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    It may be a stupid question but Im assuming that you have the gas turned on to the boiler and you actually have a gas supply account?

    All the handles around the boiler should be inline with the pipes for them to be on.


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    #22
    ted1
    Registered Users Posts: 23,327 ✭✭✭✭ted1


    dodderangler wrote: »
    It's gas and he said it worked when we moved in April but havint needed it till September tried and it didn't work

    Might there be a prepaid meter? Did you sign up to a gas supplier ?


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    #23
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Mr_Red wrote: »
    Oh FFS

    You are a parent....... But unable to handle this simple situation.

    1. Ring a plumber and get it check out.

    2. get a quote

    3. Tell the landlord the quote and that you are getting it fixed and deducting it from the rent.

    4. Done

    This post should be quoted every 5 posts or so. If you haven't done this you deserve no sympathy, I know someone said it before but in less clear terms.

    Also the post ref moving out to a house with heating is extremely helpful, clearly the OP is inexperienced in these matters perhaps he/she needs to be told that living in a house with no heating is not acceptable if you have kids. Get it fixed or get moved, simples.

    If it turns out you've done something stupid; not bled the rads, not signed up to gas etc. pay the plumber and lesson learned.


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    #24
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    The landlord can serve you eviction notice if you don't pay rent.
    dodderangler wrote: »
    It's gas and he said it worked when we moved in April but havint needed it till September tried and it didn't work
    Who supplies the gas? Did you get a bill in the months previous? You'll get a bill even if you don't use it.

    No bills means either the gas was cut before you moved in, or it's prepay. If it's prepay, you'll need to look for the box, and ring the number on the side of it to find out how to top it up.

    Is the cooker gas or electric?

    Is the heating gas or electric?


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    #25
    hfallada
    Closed Accounts Posts: 4,180 ✭✭✭hfallada


    Forget the PRTB. They are far too slow. Call you local authority and ask for a housing inspection. DCC are quick at doing them and actually enforce them. They have inspected most of the NCR in Dublin and made lists of everything that needs to bring the housing up to standard. They fine your LL if he doesnt resolve any of the failed standards.,


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    #26
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    So, aside from the fact that you've agreed to pay rent for a property, the primary reason why the advice is to "always keep paying your rent" is because once you stop paying your rent, the landlord can evict you in 42 days (regardless of how long you've been there), and you will basically lose all ability for recourse through the PRTB because you are now the one in the wrong.

    Rather than forcing the landlord's hand, you'll be forced to find somewhere else to live. The landlord knows this, he will keep your deposit and will have no problem finding new tenants.

    Do as others have said, if it's gas heating, let the landlord know first thing tomorrow that you're going to call out an RGI plumber to have a look at it and if repairs or servicing are required, you'll be deducting the cost from the rent. That gives the landlord the opportunity to get someone out himself or to let you proceed.


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    #27
    dodderangler
    Registered Users Posts: 9,204 ✭✭✭dodderangler


    Thanks for the positive responses
    I will be Informing him in morning and see what he says t that.


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    #28
    El_Duderino 09
    Registered Users Posts: 20,017 ✭✭✭✭El_Duderino 09


    OP some of the questions asked here are important.

    Like how did you tell the LL? Something that you can demonstrate when you told them like Text or Email, or just in person or on the phone which you can't prove ever happened.


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    #29
    P_1
    Registered Users Posts: 14,681 ✭✭✭✭P_1


    Don't stop paying the rent, that opens you up to all sorts of potential trouble.

    Quite often in cases it's better to ask for forgiveness than for permission. Get it fixed yourself and deduct the cost any potential repairs from the rent and make sure to provide a receipt.


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    #30
    mistress_gi
    Registered Users Posts: 963 ✭✭✭mistress_gi


    Mr_Red wrote: »
    Oh FFS

    You are a parent....... But unable to handle this simple situation.

    1. Ring a plumber and get it check out.

    2. get a quote

    3. Tell the landlord the quote and that you are getting it fixed and deducting it from the rent.

    4. Done

    5. Get a receipt and send a copy to the landlord by registered post


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    #31
    ted1
    Registered Users Posts: 23,327 ✭✭✭✭ted1


    mistress_gi wrote: »
    5. Get a receipt and send a copy to the landlord by registered post

    It's begining to look like the OP may have a prepay meter or never set up an account.

    Before there's anymore suggestions on the course of action can the OP clarify if he has signed up to a supplier and being paying bills. ( with no usage there will still be standing charges)


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