Dispute with Landlord

daz29

Just looking for some input. I am currently renting a really nice house - 1 problem - for the past 8 weeks the heating has been not working throughout the downstairs of the house. This has made the house cold overall, but the downstairs basically freezing!

We have been trying to contact the landlord since the problem began with no success( no reply and have copies of all messages sent). We witheld rent as we hoped that might provoke a contact - no response still. The heating is underfloor heating so expensive to fix.

He finally got in touch and basically has said he is away until April, not in a position to verify the claim and that he doesn't need the hassle and 'renting is not for him'. He has emailed and told us to keep the witheld rent(2 months) and to leave the house on 6th March.

We have started to look elsewhere but part of me is tempted to dig in here and insist that he fixes the heating - we like the house and are happy to pay the rent if the heating can be fixed. We are running the upstairs storage heaters pretty much constantly so expecting a huge bill.

We have an excellent history of renting and excellent references. I am a landlord myself for an apartment and have an excellent working relationship with my tenant - any issues, she contacts me and I arrange to get them fixed.

Not 100% sure what our rights are in this situation whether we decided to stay in the apartment of even if we move - he has not registered with PRTB. Any advice would be greatly appreciated.

foggy_lad

Sounds like he is out of the country working and living? have you been withholding 20% of the rent for Revenue?

drumswan

daz29 wrote: »

He finally got in touch and basically has said he is away until April, not in a position to verify the claim and that he doesn't need the hassle and 'renting is not for him'.

lol, the mind boggles

The_Morrigan

drumswan wrote: »

lol, the mind boggles

Keep it constructive please

cruizer101

Start looking for somewhere else would be my advice.

The landlord is in the wrong alright but for the stress and hassle its worth of digging your feet in I'm not sure is it worth it. Even if you do I'd still be keeping an eye out for somewhere else that suits as you don't know how long and how much hassle this could lead too so if somewhere ideal popped up could be worth taking.

From a legal standpoint, I'm not sure I think he can possibly end the lease if there is some works needs doing on the house, I'm sure someone else will clarify but I do think there is some sort of rule like that.

Does he have a deposit of months rent which he intends keeping meaning you are not getting as many months free rent as you might think? something to consider.

daz29

Thanks for the replies. I haven't been keeping back money for Revenue. He has a deposit and also we paid a month in advance as normal -€2k.

The situation seems completely ridiculous to me with my landlord hat on - I just did a full service on all the storage heaters in my apartment as my tenant requested same. Its just easier to look after the tenant.

Its a stressful enough situation and part of me wants to just move on but there are very limited local options. The other part of me thinks this guy is getting off scot free if we just cave and move out - either way its usefull to know where we stand in terms of our rights.

The_Morrigan

daz29 your rights are detailed here: http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

Although, considering that you've already breached your own obligations it might just be worth your while to look for somewhere else to live and cutting your losses.

Mrs OBumble

You've withheld two months, and he's given you another month to be out. So you've got at least two months free rent out of the deal, or three if he gives you a month's deposit back (which he might).

You could go all legal over this, or you could just be pragmatic, and say that since the house is no longer fit for purpose, you will find somewhere new to live. I know which I'd do.

And - my guess is that he just picked 6 March to give you one month's notice, probably doesn't realise that you're entitled to longer. He may be happy enough if you're not out until April, provided you leave it in reasonable condition.

Oh - and re foggy_lad's point about the rent: he may be right, but I think it depends how long the LL is out of the country for. If he's actually tax-resident here, but just out of the country for a few months, then you are not required to with-hold tax AFAIK.

Stench Blossoms

The_Morrigan wrote: »

daz29 your rights are detailed here: http://www.citizensinformation.ie/en/housing/renting_a_home/tenants_rights_and_obligations.html

Although, considering that you've already breached your own obligations it might just be worth your while to look for somewhere else to live and cutting your losses.

OT but the whole keeping 20% thing really grinds my gears.

I was renting a place and the LL wasn't a resident in Ireland but I was never told this. How was I suppose to know I was to keep 20% for revenue.

The_Morrigan

Stench Blossoms wrote: »

OT but the whole keeping 20% thing really grinds my gears.

I was renting a place and the LL wasn't a resident in Ireland but I was never told this. How was I suppose to know I was to keep 20% for revenue.

Unfortunately, ignorance of the law is no excuse - how do you know that you have to pay your Property Tax or your motor tax or the tv licence etc etc.
If you are availing of a service that is governed by a law you must take it upon yourself to become familiar with your obligations under it.

Stench Blossoms

The_Morrigan wrote: »

Unfortunately, ignorance of the law is no excuse - how do you know that you have to pay your Property Tax or your motor tax or the tv licence etc etc.
If you are availing of a service that is governed by a law you must take it upon yourself to become familiar with your obligations under it.

Well because I get notices of all the above

I never got a notice or letter telling me I needed to pay revenue 20%.

Crann na Beatha

This post has been deleted.

The_Morrigan

Stench Blossoms wrote: »

Well because I get notices of all the above

I never got a notice or letter telling me I needed to pay revenue 20%.

Only if you've signed up in the first place. If you buy a tv the dude in Currys doesn't hand you a leaflet to get a tv licence. Noone gives you a set of instructions for buying a house or buying a car or renting in this country either. You have to investigate everything yourself or be at the mercy of whatever you've forgotten to do.
You're not told about tax rebates either, but people will seek those out like a crock of gold.

Mod note: Now....back on topic please.