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Am I being screwed over by my landlord?

  • 11-06-2015 6:23pm
    #1
    Registered Users, Registered Users 2 Posts: 35


    Sorry for the length of the post but I want to give as much detail as I can so I can get some advice and help.

    My family have been living an a rented property for almost two years (lease was up for renewal at the end of June). When we first moved into the property we had 2 cats and 1 dog (whippet) which we told the landlord and letting agent about while we were viewing the house. This was acceptable by our landlord and there is also nothing in our lease about us not being able to own pets.

    Three months after we moved into the property we took in two rescue puppies (huskies), while we were in the process of toilet training them one of them did some damage to the floor in the front room in the way of urine stains, there are also some scratches to the front room floor. There are some scratches to 2 of the internal doors, 1 window sill, and again some urine staining on 1 piece of skirting board in the kitchen and one in the hallway, the bottom stair also has some chew marks on the corner of it.

    Now when we first moved into the property there was already scratches on the doors in question and the window sill, my dogs just added to the damage already there, the bottom stair was already chewed, my dogs did not do this damage. I emailed the estate agent when we first moved in detailing this damage already present on the property and she came round and made a list of all damage done before we arrived.

    We have had inspections every 4 months and had no problem, the estate agent saw the new dogs and again said nothing about them. Then in January a new woman from the agents came to do our inspection, she said she had never been into the property before but was told it wasn't finished to the highest of standards, she took photos of the floors and doors in question then left. Two weeks later we get a phone call saying our landlord was back in the country and wanted to have a look at the damage himself. The first appointment he missed so he ended up coming at the beginning of February. We walked around with him for almost 2 hours, pointed out all the damage and said we had no problem paying for any damage we had done, we also said that there was some damage done previous to us moving in, he denied this and said everything was new when we first moved in, our dogs did all the damage. We asked him about our lease being renewed as we need to stay in the area for our children's schooling, he said he had no problem renewing the lease but would prefer it if we kept the huskies outside. He also said he would be arranging for a carpenter to come and give a quote for the damage.

    After he left we spent hundreds of euros making a pen for our dogs, they were outside within the week. I also called the estate agents and requested a copy or the list of damages done prior to us moving in, I was told they had lost the list. We heard nothing back from the landlord or the agent, so assumed that as the dogs had been put out and there was no further damage being done everything was fine.

    The on Friday 5th June, the agents called us saying the landlord and a carpenter would be coming to the house on Sunday morning. When they arrived they both had a list of damages that my landlord wanted repairing, and again we said we had no problem paying for the damage that we had caused. They were both very abrupt and making snide and sarcastic comments while they were here. While they were walking around the landlord and carpenter both agreed that because one door needed replacing then all the wood surrounding the door and saddle board needs replacing too so the colours would match. The same with the skirting board, because 1 foot length metre needed replacing all the skirting in the kitchen and hallway would need replacing, same with the stairs, the bottom one needs replacing so he wants them all replacing, he stated that this was our cost to cover. I asked for a copy of his list and was told he would get one too me, I have since asked around 8 times and still do not have this list. We again asked him about the lease as there was only 3 weeks left on it, he said he wasn't going to decide anything until at least Friday as that is when he was expecting the carpenters quote to come in.

    Tuesday afternoon we received a letter from the agents, it was an eviction notice with the reason being the tenants do not comply with the obligation of the tenancy, there was another letter with it saying he was willing to give us a 2 month lease after the eviction day if we agreed to pay the quote when it came in and move the huskies outside. (The dogs we had already done)

    Today I got a phone call from him stating that the quote had come back and it was for 4,300, we have until August 4th to pay him this amount or the eviction notice stands. We explained that we don't have that kind of money and would he be willing to accept a payment deal added onto our rent. He told us no but he would be willing to guarantee a loan for us for that said amount so we could pay him in full. The estate agents told me yesterday that they now have the list of damages prior to when we moved in but are unable to provide me with a copy of it without my landlords permission. Also I have been told by my landlord if I argue or quibble over the amount then any resolution to our lease isn't going to be possible.

    I feel like I am being screwed over by both my landlord and estate agents regarding this whole matter. So really I want to know if what is happening is allowed and what I should do about it?

    Again sorry for such a long post but its really stressing me out now.


«1

Comments

  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    As you have been there for that length of time you have part iv tenancy rights. There are limited conditions under which you can be evicted. The eviction notice you received was thus illegal.

    Having said that, the level of damage you admit being liable for is unacceptable in my opinion. You have a responsibility to respect your landlord 's property and that clearly hasn't happened so I can understand their distress.

    I would advise a call to threshold to get further advice.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    I appreciate that the damage we caused is unacceptable, and I have never said anything to him other than that. I have also said to him many times now that I am more than willing to pay for any damage that I have caused, but as I also stated there was already damage there and not all of it is for me to pay for surely? Especially not just to make the house cosmetically look brand new as he has stated to us previously.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    WychWillow wrote: »
    I appreciate that the damage we caused is unacceptable, and I have never said anything to him other than that. I have also said to him many times now that I am more than willing to pay for any damage that I have caused, but as I also stated there was already damage there and not all of it is for me to pay for surely? Especially not just to make the house cosmetically look brand new as he has stated to us previously.

    I'd be taking the view that while there was some previous damage, the further damage you have caused has led to the repair or replacement being needed and you are responsible for that


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    Stheno wrote: »
    I'd be taking the view that while there was some previous damage, the further damage you have caused has led to the repair or replacement being needed and you are responsible for that

    Again I have no issue with paying for damage that I caused, but am I liable to pay for 13 stairs to be replaced because the bottom one needs replacing, again with the skirting, is all of it needed to be replaced because of one small section, with the doors, does all the wood surrounding the doors need to be replacing because the door is being replaced and am I liable to cover these costs, not just the costs of the damage caused.


  • Registered Users, Registered Users 2 Posts: 174 ✭✭marlie2005


    "They were both very abrupt and making snide and sarcastic comments while they were here. While they were walking around the landlord and carpenter both agreed that because one door needed replacing then all the wood surrounding the door and saddle board needs replacing too so the colours would match. The same with the skirting board, because 1 foot length metre needed replacing all the skirting in the kitchen and hallway would need replacing, same with the stairs, the bottom one needs replacing so he wants them all replacing, he stated that this was our cost to cover. I asked for a copy of his list and was told he would get one too me"

    This part sticks out at me, He wants to change the skirting so that the colours would match ??? I think you should talk to PRTB and find out your entitlements.


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    What about the windowsill and stained floor? What's being done with those?


    And are the stairs/skirting varnished or painted?


  • Registered Users, Registered Users 2 Posts: 5,528 ✭✭✭ShaShaBear


    This is why it is necessary that all potential tenants take dated photographs of the condition of a letting before moving in and show them to the landlord/agent so that they know you have proof you did not cause it.

    As it stands you have three dogs, two of which are very high energy, large pups and a cat (which, though small, can do serious damage in a house). You should have explicitly asked the landlord to write into the lease that pets were accepted, not just left it that no mention of them and his verbal agreement was the same thing.

    You have absolutely no proof that the prior damage was not, in fact, caused by you. He can't, however, take you for a ride with quotes - whether he is holding you responsible for all the damage or not.

    Yes, the notice of eviction is illegal. But given the substantial damage your pets have caused to the property, chances are once he's realised he is doing it wrong, he will seek advice and figure out how to do it right. And you can kiss your deposit goodbye as well. I'd advise looking for somewhere else to live. Expect it to be extremely difficult with that many pets, though. Especially without a good reference to back up their behaviour.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    As for proof that prior damage wasn't caused by me, the estate agents has a list of damage already on the property before we moved in, this includes damage to the doors we are going to be replacing, damage to window sills, the chewed bottom stair and a few others things besides, these are all things the landlord is claiming we are 100% responsible for. Although I do not have that list from the agents I do have an email which I sent the day we moved in stating this damage and a reply from the agents acknowledging it and making an appointment to come out and see it.

    The stairs and skirting is varnished. The floor is a wooden floor, we asked if it could be sanded and varnished, the landlord said no he wants a new floor.


  • Closed Accounts Posts: 6,084 ✭✭✭oppenheimer1


    In my honest opinion, that number of pets is unacceptable in a rented house and only asking for trouble.

    That said it does sound like your landlord is either A) very upset at the damaged caused to his property or B) taking you for a ride.

    A proper carpenter/decorator would be able to sort out those problems by replacing sections and do it in such a way that it would be seamless. The quote you've been given sounds excessive, given that a landlord is not entitled to have a tenant replace all damaged fittings for new, he's only allowed to deduct for fair wear and tear.


  • Registered Users, Registered Users 2 Posts: 41 dialer


    I would seek assistance of free legal aid or at least have a one off with a solicitor.

    Proving undue care of the property may be difficult, but the common sense aspect of 3 animals in an rented urban location may go against you to some degree, even without a pet clause in the agreement.

    The repairs appear excessive, and while wear & tear of any property given its age and rental in years it seems the landlord is overhauling the unit.

    I think a professional mediator would iorn out emotional issues over repair costs here.


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  • Registered Users, Registered Users 2 Posts: 5,528 ✭✭✭ShaShaBear


    In my honest opinion, that number of pets is unacceptable in a rented house and only asking for trouble.

    That said it does sound like your landlord is either A) very upset at the damaged caused to his property or B) taking you for a ride.

    A proper carpenter/decorator would be able to sort out those problems by replacing sections and do it in such a way that it would be seamless. The quote you've been given sounds excessive, given that a landlord is not entitled to have a tenant replace all damaged fittings for new, he's only allowed to deduct for fair wear and tear.

    I'd probably say a mix of both. I'd be horrified and very upset if MY dog did that kind of damage. As it stands, he chewed some wallpaper off the wall in our living room - we instantly bought matching paper and redid that entire section of the wall. He totally stained the carpet from running in and outside, so we put down a wooden floor.
    If he had wrecked doors and window sills and left stains from urinating, I'd have to fix it immediately. I'm in no way house-proud, but I would shudder at having people see my house in that condition.

    If you knew the dogs did it, and you had no problem covering costs, you should have dealt with it immediately. I don't blame him for being upset!


  • Registered Users, Registered Users 2 Posts: 99 ✭✭Michelle_b


    I totally agree with the last post... I think you need a legal letter. Free legal aid or something. You are a fair tenant as in you have no issue paying for repairs but the landlord does sound like he wants you to redo his place! It is excessive and why can't you get your own carpenter in to fix the areas? Plus a legal letter can request the original damage information from estate agents... Protect yourselves. I would also say if possible find somewhere else.... It sounds like he is not going make your lives easy living there. I know ye have four animals... ( I have three) but there is places that will accept just to have search. Good luck with everything and hope it gets sorted for ye


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    I don't live in an urban area, I live way out in the sticks in a tiny little village,

    I have around an acre of land with the property and the huskies are outside on that land and have been since February. There is a local shop that sells second hand furniture and she had around 10 of the doors I needed in perfect condition in, I asked my landlord if I could get a couple of these to replace the doors in question, but he wants brand new ones.

    As for dealing with the damage immediately, we did tell the agents, and showed them the damage when they did the inspections over the last year and a half, they have always said that the floor wasn't in perfect condition in the first place so it wasn't a pressing concern, the same with the other damage. When the landlord visited in February he was supposed to get a carpenter out for a quote then, and we would arrange payment for the damage to be repaired. We heard nothing from them for 4-5 months and didn't call someone out ourselves as he wanted to get the quote done.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    <MOD SNIP>

    My landlord lives and works in the UK, he was over here visiting his family when I mentioned him being back in the country.

    I'll try and post pictures, I'm not sure if I'll be able as I've not got enough posts.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    ShaShaBear wrote: »
    I'd probably say a mix of both. I'd be horrified and very upset if MY dog did that kind of damage. As it stands, he chewed some wallpaper off the wall in our living room - we instantly bought matching paper and redid that entire section of the wall. He totally stained the carpet from running in and outside, so we put down a wooden floor.
    If he had wrecked doors and window sills and left stains from urinating, I'd have to fix it immediately. I'm in no way house-proud, but I would shudder at having people see my house in that condition.

    If you knew the dogs did it, and you had no problem covering costs, you should have dealt with it immediately. I don't blame him for being upset!

    I'd also be wondering about smell in the house. I've had lots of dogs in the past, and never had them leave stains on a wooden surface through toilet accidents and I've had old incontinent dogs, so for them to leave stains in multiple places in the house would indicate to me that there is a residual smell lingering also


  • Registered Users, Registered Users 2 Posts: 13 maradonnaie


    If you emailed a list to the letting agent in the beginning about the damage that was there previously I'm assuming they can't make you pay for that also that's just my opinion though. Hope you get it sorted especially since you've been so willing to cover costs and honest about it all. Good luck


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    Stheno wrote: »
    I'd also be wondering about smell in the house. I've had lots of dogs in the past, and never had them leave stains on a wooden surface through toilet accidents and I've had old incontinent dogs, so for them to leave stains in multiple places in the house would indicate to me that there is a residual smell lingering also

    There is no smell in the house, maybe I misworded it by saying stains, its more that the varnish has come up of the floor a little in one area, so the wood itself isn't stained, same with the skirting, just the varnish is tarnish and has come up a little, the wood underneath is fine. After the accidents happened the urine was removed and the areas were bleached. So I'm not entirely sure if its the urine that caused the problem or me using bleach to clean the area. Either way I have admitted responsibility for this patch of damage, the same with the skirting board.


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭antoinolachtnai


    What you received was a termination notice, not an eviction notice. These are two completely different things.

    PRTB is the best avenue for you. I would talk to Threshold first.

    You need to organise all your paperwork. You need to prepare a conprehensive witness statement.

    You need to have alternative quotations for everything.

    I think your proposals for repairs are reasonable enough but I don't know the details. I would bring your proposals to PRTB and allow him to explain there what is wrong with your proposals.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    a landlord is not entitled to have a tenant replace all damaged fittings for new, he's only allowed to deduct for fair wear and tear.

    Wrong.
    A landlord is not entitled to deduct anything from a tenants deposit for fair (or normal) wear and tear. A landlord is only allowed deduct from a tenant's deposit for any damage over and above normal wear and tear. It also does not state anywhere that replaced fittings have to be replaced with old or recycled fittings. If you've gotten away with this in the past- you've been lucky- you have no entitlement to expect this.

    OP- bringing so many pets into a rented house was asking for trouble- and then keeping huskies, of all things, indoors- was completely taking the piss.

    A good carpenter could very possibly do reparatory work in a relatively seamless manner- but I have paid 2k to repair a wooden varnished block floor in the past- to suggest its necessarily a cheap option- isn't like pulling straws and hoping for the best.

    It sounds like you had significant fittings which were varnished wood- into which you've introduced 4-5 clawed animals (including a cat and two huskies) for a protracted period of time.

    If I were the landlord- after I'd stopped crying from the shock of seeing the damage- I'd do whatever I possibly could to restore the woodwork to its previous form.

    Even if there was minor damage to one step on the stairs- and a couple of scratches on a door- you've gone and allowed 4-5 clawed pets- including the cat and the huskies- run wild in a property of this nature.........

    Why on earth did you think it was fine to keep animals in a property with varnished floors etc- who hadn't even been toilet trained?

    The bill from the landlord does seem on the high side- but having had to pay for similar reparatory work in the past- entirely plausible.

    It is not your prerogative that small sections of the skirting, steps on the stairs, parts of the wooden floor etc be fixed- they'd very likely be a different colour to the other ones. I'm staring at a 'fix' that one tenant did on a floor as I type this- it was a replacement of terracotta tiles- that patently do not match the antique tiles surrounding them (they were expensive antique tiles- that the tenant smashed with heavy gym equipment- that they thought would be fine- I could get replacements even now- but they're over a hundred per tile........

    Just because a lease doesn't expressly forbid you from doing something- does not mean you have carte blanche to go ahead and do it........

    Its difficult for tenants to rent property when they have a menagerie of pets- precisely because of the pets destroying the place in the manner yours have done. Normally- if/when a tenant has a pet- there is an additional pet deposit taken to cover any damage the pets make. Or 4-5 separate deposits- in the case of your 4-5 animals. Those deposits might not be too far off the bill the landlord has come up with?


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Viper_JB


    To me it sounds like he just wants you out OP, he's offered you an out really by saying give me €4300 or you will be evicted, I'd imagine being evicted and renting somewhere else would be much cheaper at this point, of course you'll be saying good bye to the deposit. But if they want you out they can make things very uncomfortable for you there, will just be another problem as soon as this one is sorted.


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  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Viper_JB wrote: »
    To me it sounds like he just wants you out OP, he's offered you an out really by saying give me €4300 or you will be evicted, I'd imagine being evicted and renting somewhere else would be much cheaper at this point, of course you'll be saying good bye to the deposit. But if they want you out they can make things very uncomfortable for you there, will just be another problem as soon as this one is sorted.

    I'd say finding somewhere that will accept 5 animals as part of the tenancy will be the problem.


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    On some of the points the OP made,

    I had to replace some painted skirting recently and simply could not get the exact same skirting that was put in originally, In this case ALL skirting needed to be replaced in the room.
    If the skirting is varnished then new skirting will look different even if its the same style exactly, You cant replace a section, you need to replace all of it.

    You cant replace one wooden stair if the wood is exposed. On a carpeted stair it doest matter, but visible wood would be noticeably different and would require all stairs replacing. This is an expensive job as all the wood would been to be cut to size, bevelled and finished.

    Also, with wood floor you cant replace one section, Its almost physically impossible due to the way its connected. Laminate is easier but also can be extremely troublesome to replace one section, You would have to take the whole room up and re-lay the laminate and you would also need to have spares from the same original batch or you may as well replace it all.

    The quote isn't unreasonable at all IMHO.

    Also, if something is damaged and you damage it more its your responsibility to have it all repaired. you have absolutely no leg to stand on with your stance on this. Seriously, its like me crashing into someones car and refusing to get a panel replaced because it already had a ding in it!!!


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Viper_JB wrote: »
    To me it sounds like he just wants you out OP, he's offered you an out really by saying give me €4300 or you will be evicted, I'd imagine being evicted and renting somewhere else would be much cheaper at this point, of course you'll be saying good bye to the deposit. But if they want you out they can make things very uncomfortable for you there, will just be another problem as soon as this one is sorted.

    The OP is not going to find another property where they can keep 2 cats, a whippet and 2 huskies. Its simply not going to happen. If they do intend to stay- they will have to bite the bullet and organise perhaps to pay back the cost of restorative work over a period of time.

    Come on- a Whippet, 2 cats and 2 huskies- in a house with a significant amount of bare varnished wood floors, stairs and other fittings? It was a very bad idea at the outset- and adding in the huskies after the fact- to be honest I actually started laughing in disbelief when I read that part........

    If the tenant intends to stay there long term- just bite the bullet and agree a repayment scheme with the landlord. If they're not- then get out asap- before the animals do fresh damage to the restored stairs, doors, walls, skirting, floors etc.

    Dispute it all you like- but all the landlord has to do is produce the invoice from the repair crew to the PRTB- and its irrefutable.

    Whatever about the 2 cats and the whippet at the start- what notion got into you that you thought it a good idea to introduce 2 huskies into a house with fittings like this? The fact that they're now outdoors- is irrelevant.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Viper_JB


    I'd say finding somewhere that will accept 5 animals as part of the tenancy will be the problem.

    I'd agree, but I'd imagine things will only get worse where they are at the moment.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Viper_JB wrote: »
    I'd agree, but I'd imagine things will only get worse where they are at the moment.

    Very probably. If there are no other properties locally that they can find- they may have to stay though- and make the best of a bad situation.


  • Posts: 0 [Deleted User]


    I'm horrified by this. The disregard for another's persons property by bringing this many animals into it! And more importantly to me, the disregard for the animals, particularly the husky pups, by taking them on without your own secure accommodation. There are pounds and shelters around the country bursting at the seams with animals that people brought into rented homes and were then told they couldn't keep, and others whose owners simply couldn't find a rented home that would allow their pet to stay with them. You should have gotten explixit permission directly from your LL before you even considered the pups. And then had some kind of plan in place to ensure they could stay with you if your LL did need you to vacate at some stage. I agree with others who said you need to do whatever you can to sort this, regardless of how unreasonable it may seem to you because you have very little hope of finding another LL that will allow this many animals.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    WychWillow wrote: »
    I don't live in an urban area, I live way out in the sticks in a tiny little village,

    I have around an acre of land with the property and the huskies are outside on that land and have been since February. There is a local shop that sells second hand furniture and she had around 10 of the doors I needed in perfect condition in, I asked my landlord if I could get a couple of these to replace the doors in question, but he wants brand new ones.

    As for dealing with the damage immediately, we did tell the agents, and showed them the damage when they did the inspections over the last year and a half, they have always said that the floor wasn't in perfect condition in the first place so it wasn't a pressing concern, the same with the other damage. When the landlord visited in February he was supposed to get a carpenter out for a quote then, and we would arrange payment for the damage to be repaired. We heard nothing from them for 4-5 months and didn't call someone out ourselves as he wanted to get the quote done.

    This is what I don't understand, What are you doing keeping any animals indoors at all when there is a natural alternative! you can be dam sure your Landlord or agent would not have anything to say if the animals were outside from the start!

    What in tarnation were you doing getting two Huskies when you don't have a place to keep them?? I know that a rented property is that persons home but there are still limits to what can and should never be done in such a property and keeping dogs indoors is a massive NO.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    First regarding the post about my dogs welfare and there being pounds bursting at the seams with dogs, these two dogs in question were rescue dogs, one was thrown out of a car window when she was 8 weeks old, the other was tied up with an electric shock collar that was up so high all his neck was burnt and scarred and was set to be put down because the owner just didn't want him, so I have given my dogs life, and they are part of my family and in no way have I disregarded their welfare and take offence to that comment.

    Secondly, I have a brain disease so am quite sick, I can't work and my partner works from home, at NO time are any of my pets left unattended in the house. They are taken on around a 1 mile walk 3-4 times a day by either myself, my partner or my 2 teenage children. So again when they were inside the house it was mainly to sleep and eat, not run around wild like you are imaging. There is also only one wooden varnished floor in the house, that is the front room, the rest of the house is white porcelain tiles, there is NO damage to any of the other flooring.

    As for the payment, I have offered many times to pay the figure off over a longer period of time, I haven't disputed with the landlord the fact that the damage is there or that we caused it, I haven't disputed that the whole floor will need replacing, what I have disputed with him is that fact that he said he would do this in February and we have heard nothing until now, 3 weeks when our lease is due, also that he said was going to renew the lease twice to us and then went down this road of give me 4,300 in a few weeks time or you're evicted. He won't allow me access to a list he prepared in February of the damage he wants repairing, he won't allow me to get my own quote.

    The main issue is I don't trust my landlord, he lies. He told us there is a well on the property for 1 and a half years, then when asked what we should tell the water company for the water charges he told us there was no well. He's told me we are the first tenants in this house, even though all our neighbours told us he had a young German man in for almost a year who trashed his house and he couldn't remove, and many more inconsistencies are coming from him. We've had no hot water for well over a year, it was reported to both the landlord and letting agents, it has never been fixed and we've been told they both have no record of us mentioning it, no working light in the bathroom, again told the landlord about this in February and he said it would be fixed, we still have no working light in the bathroom and lots of other little things like this that we haven't pushed on but have made us lose trust in both the landlord and the letting agents. If this would have been done in February when we were told it was going to be we would have had 5 months to gather that amount of money, not a couple of weeks right before the children start a new school cycle and other things need to budgeted for as well. Also as I have said, we have offered to pay him the amount off on a month basis added onto our rent so he has the full figure when we move out to have the damage replaced. Which is what he first stated in February, he said he had no problems with keeping it as it is and fixing it in two years as long as he had the money. So from February until now it has changed from that to give me 4,300 without any questions without a month. So can you understand why I am now questioning his intentions and motives behind this change in attitude.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    WychWillow wrote: »
    He won't allow me access to a list he prepared in February of the damage he wants repairing, he won't allow me to get my own quote.

    The main issue is I don't trust my landlord, he lies.

    Okay, here's what you do. Demand a list of the works required, if he doesn't provide it, say you'll open a dispute with the PRTB. There's nothing stopping you from getting a quote, but it can only be for reference. You don't get to decide who carries out the rectification work. It could be useful in a dispute in front of the PRTB though.

    The landlord doesn't have to agree to a payment schedule. He can't offer the carpenter a payment schedule for his work.


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  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    Okay, here's what you do. Demand a list of the works required, if he doesn't provide it, say you'll open a dispute with the PRTB. There's nothing stopping you from getting a quote, but it can only be for reference. You don't get to decide who carries out the rectification work. It could be useful in a dispute in front of the PRTB though.

    The landlord doesn't have to agree to a payment schedule. He can't offer the carpenter a payment schedule for his work.

    I have asked for a list of works required multiply times, at least twice a day since Sunday, once to the LL and once to the agents. Neither of them are providing me with this list. All I am getting from my LL is 'give me this money and then I will issue you with another lease'


  • Registered Users, Registered Users 2 Posts: 2,672 ✭✭✭ForestFire


    Dose anyone know if it is possible for the Tennants to delay this repair work?

    If there are still living in the property and the damage is not affecting them or the property, can they just start paying for the work to be carried out at a later date?

    This allows them to pay for the work over a more suitable time and the landlord is not out of pocket either and will get the repairs he requires.

    I mean whats the point in replacing the entire stairs now, only for it to get damaged again, when there is only cosmetic damage done and the tenants are not pushing for repair.

    The landlord is also covered (At least as much is he is now anyway) as he is starting to get the repair money into his account.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    ForestFire wrote: »
    Dose anyone know if it is possible for the Tennants to delay this repair work?

    If there are still living in the property and the damage is not affecting them or the property, can they just start paying for the work to be carried out at a later date?

    This allows them to pay for the work over a more suitable time and the landlord is not out of pocket either and will get the repairs he requires.

    I mean whats the point in replacing the entire stairs now, only for it to get damaged again, when there is only cosmetic damage done and the tenants are not pushing for repair.

    The landlord is also covered (At least as much is he is now anyway) as he is starting to get the repair money into his account.

    This is exactly what the LL suggested in February to us! We agreed to this and said he could add a set figure to be agreed upon onto our rent each month. This is what we though was going to be happening until we got the termination letter and threat that if we didn't pay the whole figure by august 5th we would be thrown out.


  • Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    WychWillow wrote: »
    I have asked for a list of works required multiply times, at least twice a day since Sunday, once to the LL and once to the agents. Neither of them are providing me with this list. All I am getting from my LL is 'give me this money and then I will issue you with another lease'

    You need to say to the landlord that you're willing to discuss it when you know what's being repaired. If he's still threatening eviction then you need to go to the PRTB.


  • Registered Users, Registered Users 2 Posts: 2,946 ✭✭✭MayoAreMagic


    A question OP. Do you not think that getting the 2 huskies was pushing it a bit? You already had 3 - quite a lot for the average person. I mean, 5 animals inside the house - 2 of them being toilet trained at the time, how can you be surprised that this guy is, for my money, trying to get you to move on? Do you think many more landlords will allow 5 pets into their property? Most wont even allow 1 in. Just because it didn't not allow pets, doesn't mean you can open a petting zoo either.
    It is clear you like the property and want to stay. Well then if that is the case, you probably need to be a bit more considerate to what is another person's property that you have the use of. You can say 'well a landlord cant tell me how to live my life' and while that is true, you cant use that as an excuse to completely ignore him and do what you like with his house either. If you want that kind of freedom, then you need to buy the house off him.
    Now you can tell us all about how shelters are bursting at the seams with dogs, and that is terrible. But the fact is you weren't in a position to take these dogs in, and all the sob stories in the world about where these dogs came from doesn't change that. I don't think it is unreasonable for this man to want you to move on.


  • Posts: 0 [Deleted User]


    WychWillow wrote: »
    First regarding the post about my dogs welfare and there being pounds bursting at the seams with dogs, these two dogs in question were rescue dogs, one was thrown out of a car window when she was 8 weeks old, the other was tied up with an electric shock collar that was up so high all his neck was burnt and scarred and was set to be put down because the owner just didn't want him, so I have given my dogs life, and they are part of my family and in no way have I disregarded their welfare and take offence to that comment

    Its fantastic that you want to rescue animals and obviously have a passion for them but the above just strengthens my point IMO. Those pups deserve a stable secure life after what they've been through. Unfortunately rented accommodation is never completely secure. Having 3 pets already was pushing it. If your accommodation falls through, you now have FIVE animals to try to find a new home with. That is going to be nearly impossible in my experience. Putting them at risk of having to be rehomed again and you at risk of losing your beloved pets. Furthermore, I have a rescued dog in a rented apartment. I made sure to get an adult dog to avoid any damage being done to someone elses property. I don't want to take the thread off topic any further. I don't know if your landlord is being honest in this situation or not but I sincerely hope you can get it sorted and you and all your family , human and animal, can stay where you are.


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  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    A question OP. Do you not think that getting the 2 huskies was pushing it a bit? You already had 3 - quite a lot for the average person. I mean, 5 animals inside the house - 2 of them being toilet trained at the time, how can you be surprised that this guy is, for my money, trying to get you to move on? Do you think many more landlords will allow 5 pets into their property? Most wont even allow 1 in. Just because it didn't not allow pets, doesn't mean you can open a petting zoo either.
    It is clear you like the property and want to stay. Well then if that is the case, you probably need to be a bit more considerate to what is another person's property that you have the use of. You can say 'well a landlord cant tell me how to live my life' and while that is true, you cant use that as an excuse to completely ignore him and do what you like with his house either. If you want that kind of freedom, then you need to buy the house off him.
    Now you can tell us all about how shelters are bursting at the seams with dogs, and that is terrible. But the fact is you weren't in a position to take these dogs in, and all the sob stories in the world about where these dogs came from doesn't change that. I don't think it is unreasonable for this man to want you to move on.

    I didn't give a sob story about pounds bursting at the seams, I was simply replying to another reply stating that fact.

    The LL doesn't actually want me to move out, he is offering me another lease with a condition, the LL knows the house isn't in a desirable area, it was left empty for well over a year before I moved down here because no one wanted to live in the area. The estate agent even said to me when showing me around 'why the hell do you want to move here?' So if I leave again his house is going to be empty and he is losing months worth of rent, he lives in the uk so there is no one here to watch it. While we have been living here the locals have stolen property, broken windows etc. so imagine what would happen to it if it was empty again. Strangely enough the one deterrent now is people think I have 2 wolves in the back garden so don't come near the house anymore to damage it or to steal things, and since they have been out the back I have had no problems.

    Also I have never once said my LL can't tell me how to live my life, I am trying to be as reasonable as I can be with him, I just simply can't afford a lump sum of 4,300 in such a short space of time.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    Its fantastic that you want to rescue animals and obviously have a passion for them but the above just strengthens my point IMO. Those pups deserve a stable secure life after what they've been through. Unfortunately rented accommodation is never completely secure. Having 3 pets already was pushing it. If your accommodation falls through, you now have FIVE animals to try to find a new home with. That is going to be nearly impossible in my experience. Putting them at risk of having to be rehomed again and you at risk of losing your beloved pets. Furthermore, I have a rescued dog in a rented apartment. I made sure to get an adult dog to avoid any damage being done to someone elses property. I don't want to take the thread off topic any further. I don't know if your landlord is being honest in this situation or not but I sincerely hope you can get it sorted and you and all your family , human and animal, can stay where you are.

    The welfare of my family (animals included) is not up for debate, if worse comes to worse and he does evict us my mother in law has said we can all go and live with her (animals included). She lives in Dublin, where we originally moved from, we live on the Wicklow/Wexford border, so although not ideal due to the children's schooling it is a solution. My LL knows I want to stay here to see at least my daughters schooling out until the end of leaving cert which is another 2 years. He originally offered me in February a 2 year lease with monthly payments, now he is offering me a 2 year lease after a lump sum is paid.


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    You should get your own quotation to get the repairs done to specifically match the damage. I.e. Why does the door need a new surround instead of matching the existing door?


  • Posts: 0 [Deleted User]


    WychWillow wrote: »
    The welfare of my family (animals included) is not up for debate, if worse comes to worse and he does evict us my mother in law has said we can all go and live with her (animals included).

    Fair enough. Best of luck. Hope you get it sorted.


  • Registered Users, Registered Users 2 Posts: 2,946 ✭✭✭MayoAreMagic


    WychWillow wrote: »
    I didn't give a sob story about pounds bursting at the seams, I was simply replying to another reply stating that fact.

    The LL doesn't actually want me to move out, he is offering me another lease with a condition, the LL knows the house isn't in a desirable area, it was left empty for well over a year before I moved down here because no one wanted to live in the area. The estate agent even said to me when showing me around 'why the hell do you want to move here?' So if I leave again his house is going to be empty and he is losing months worth of rent, he lives in the uk so there is no one here to watch it. While we have been living here the locals have stolen property, broken windows etc. so imagine what would happen to it if it was empty again. Strangely enough the one deterrent now is people think I have 2 wolves in the back garden so don't come near the house anymore to damage it or to steal things, and since they have been out the back I have had no problems.

    Also I have never once said my LL can't tell me how to live my life, I am trying to be as reasonable as I can be with him, I just simply can't afford a lump sum of 4,300 in such a short space of time.


    But you did give a story about a shock collar, and another being thrown from a window. All terrible, but it doesnt change anything as regards the house. In fact, from the landlords perspective, it probably makes them less viable candidates to be bringing into the place. that isn't something I think you have considered much - the landlords perspective. you seem to think you are doing him a favour renting the place.

    If that is the case then how can you explain the guy doing everything in his power to get you to move on? Demanding everything be replaced, demanding everything be new, demanding the money up front, these are the oldest tricks in the book. Does that sound like the actions of a man who wants you to stay? Talk is cheap, actions speak louder than words.

    Have you not considered rehoming the huskies now that they are healthy? Would you consider taking in even more animals in the future?


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  • Registered Users, Registered Users 2 Posts: 5,641 ✭✭✭Teyla Emmagan


    It makes no sense to me that he's doing all these repairs mid tenancy, given you will probably cause more damage to the house with the current/future menagerie. If I were him I would be leaving any repairs until you were gone. I think he wants rid of you and is taking you for a ride in the meantime.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    It makes no sense to me that he's doing all these repairs mid tenancy, given you will probably cause more damage to the house with the current/future menagerie. If I were him I would be leaving any repairs until you were gone. I think he wants rid of you and is taking you for a ride in the meantime.

    The sense is that he is not expecting the OP to stay in the property.
    If he/she does- well, they're back at square one- and if any new damage occurs- they have a fresh bill to restore it.

    All-in-all, the landlord either expects to kick the OP out- or the OP to leave of their own volition.........

    As for the property being rural, and difficult to rent- it sounds more like the landlord has an attachment to the property- and doesn't particularly care whether its let or not- wolves in the back garden bedamned........


  • Closed Accounts Posts: 6,084 ✭✭✭oppenheimer1


    Wrong.
    A landlord is not entitled to deduct anything from a tenants deposit for fair (or normal) wear and tear. A landlord is only allowed deduct from a tenant's deposit for any damage over and above normal wear and tear. It also does not state anywhere that replaced fittings have to be replaced with old or recycled fittings. If you've gotten away with this in the past- you've been lucky- you have no entitlement to expect this.

    Yes that was a mistake/typo on my part. It should have read, "...for damage beyond fair wear and tear."


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


    Are you deducting the 20% tax for the Revenue, as the LL's non-resident OP?


  • Registered Users, Registered Users 2 Posts: 2,672 ✭✭✭ForestFire


    Are you deducting the 20% tax for the Revenue, as the LL's non-resident OP?

    Sorry if this has been answered a hundred times before, but if you are renting through a rental agency and paying the rent to them only, who is responsible to do this, the tennant or the rental agency?


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    ForestFire wrote: »
    Sorry if this has been answered a hundred times before, but if you are renting through a rental agency and paying the rent to them only, who is responsible to do this, the tennant or the rental agency?

    The agency


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    Are you deducting the 20% tax for the Revenue, as the LL's non-resident OP?

    No and we were never told to do this, my landlord has made it look like he lives in Ireland on my lease, he has given his mothers address as his residence and we pay the rent directly into his Irish bank account. He refuses to give me his UK address. So I'm not sure where I stand with this either.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    WychWillow wrote: »
    No and we were never told to do this, my landlord has made it look like he lives in Ireland on my lease, he has given his mothers address as his residence and we pay the rent directly into his Irish bank account. He refuses to give me his UK address. So I'm not sure where I stand with this either.

    Legally- once you become aware that the landlord is not resident in the country- you are obliged to withold 20% of the rent and forward it the Revenue Commissioners. The landlord, in turn, gets a rebate via a balancing statement if a refund is due at the end of the tax year.

    Its your obligation to do this- it is not the obligation of the landlord to inform you to do this. Yes- is crappy that no-one tells the tenant its their obligation- but its the law.


  • Registered Users, Registered Users 2 Posts: 35 WychWillow


    So as we've lived here for 2 years so far are we going to be liable to pay 2 years worth of 20% in tax?


  • Registered Users, Registered Users 2 Posts: 3,043 ✭✭✭Wabbit Ears


    srsly, nobody does that 20% thing, Like absolutely nobody who wants a peaceful life. I really wish people would stop bringing it up.

    Its like quoting some obscure 1600's law about walking behind a goat or something random and constantly warning people about it. Silly stuff altogether


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