Landlord slow to make repairs: small claims or PRTB, which is better?

erudec

OK so I have two major issues with the landlord. One: the extractor fan is out on my bathroom, which is definitely in breach of regulations. Two: the heating conked out twice over the last several months and it took ages to repair.

Heating's included in my rent. The first time the heating failed he allowed me to deduct a certain amount from rent to cover the cost of the electric heating. The second time he didn't.

He's been fully notified about this. So how do I chase him up in court?

Let's keep this thread on-topic if that's OK with everyone: I only want advice on how to proceed against him formally through the coercive organs of the state. I have good reason to believe that talking politely won't be any good. This guy, in short, is a piece of work.

My intention is for this to be my last rental in Ireland: I have the wheels in motion for a home purchase, so I don't care about references. I always pay on time and my job is such that I'm never worried about finding another landlord to take me on.

So: PRTB. I've heard that their powers are limited and that once they've made a determination the landlord can ignore it if he chooses. Assuming he doesn't care about negative publicity that would mean the PRTB would be powerless to sort out my problem. Anyone know what the facts are on that score?

So that leaves small claims. Hypothetically, would the SCC order repairs for things like an extractor fan not being replaced?

Paulw

Small Claims court won't deal with residential issues like this. You must go via the PRTB.

erudec

And does the PRTB have any coercive power against a landlord who, hypothetically, refused to comply with a PRTB ruling?

tuisginideach

Why don't you just move out if you're that unhappy with him and if your position will get you another lanllord without a problem?

Michael D Not Higgins

erudec wrote: »

And does the PRTB have any coercive power against a landlord who, hypothetically, refused to comply with a PRTB ruling?

The RTB can impose fines on non-compliant landlords. If this is ignored, they can escalate to higher courts.

Graham

It sounds like the landlord is failing to meet his obligations under the minimum standards for rented accommodation. Local authorities (in their role as housing authorities) are responsible for enforcing these minimum standards.

Useful information here: http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

Michael D Not Higgins

OP, is the heating working now? Does the bathroom have a window?

erudec

Thanks for that

Fkall

A few questions

How long have you been living there.?
Do you currently have a lease?
How much in damages are you looking for?
Can you quote the regulation that requires a bathroom to have an extraction fan?

MarkAnthony

The RTB and Small claims procedure through the District Court have no coercive powers. They may, as has rightly been pointed out, fine a non-compliant LL but the only coercive organ (ooh matron) is the equitable jurisdiction of higher courts which don't get involved in this sort of thing.

Subject to proper legal advice you may be able to make the repairs and look to the RTB to help you claim money back, that's a minefield though frankly.

MarkAnthony

Fkall wrote: »

Can you quote the regulation that requires a bathroom to have an extraction fan?

S.I. No. 534/2008 - Housing (Standards for Rented Houses) Regulations 2008

Sanitary Facilities

6. (1) There shall be provided within the habitable area of the house, for the exclusive use of the house:

(a) A watercloset, with dedicated wash hand basin adjacent thereto with a continuous supply of cold water and a facility for the piped supply of hot water, and

(b) A fixed bath or shower with continuous supply of cold water and a facility for the piped supply of hot water.

(2) The requirements of sub-article (1) shall:

(i) be maintained in good working order,

(ii) have safe and effective means of drainage,

(iii) be properly insulated and secured,

(iv) have minimum capacity requirements for hot and cold water storage facilities, and

(v) be provided in a room separated from other rooms by a wall and a door and containing separate ventilation.

Emphasis added

Assuming there's no window, but that's been asked and gone unanswered thus far.

beauf

Is there a window in the room?

MarkAnthony

Twice :pac:

April 73

The heating conked out twice but I presume is working now? How long did it actually take to be repaired on both occasions?

How long has the extractor been broken? Is it the only means of ventilation in the bathroom? What problems is it causing?

I'd rather expend my energy on something more productive than chasing the landlord for a heating system problem which has been rectified & a non-working bathroom fan.

Would it not be easier to tell the LL to fix the extractor within 7 days or you'll get an electrician out to look at it & send the bill to the LL?

pc7

April 73 wrote: »

Would it not be easier to tell the LL to fix the extractor within 7 days or you'll get an electrician out to look at it & send the bill to the LL?

Be careful with this, I think you need 3 quotes to show you tried to get competitive quotes and you need to give landlord sufficient notice. Withholding rent can be breach of your rental agreement. Always check with the prtb first to be covered.