Letting Agent Problem

Dora89

Hi,

I am having awful trouble with an agent since signing for my new property 2 weeks ago.


I was assured when i accepted the property that it would be painted and cleaned and blinds would be repaired. When I moved in nothing was done. In addition there was no washing machine or microwave and the toilet flush wouldn't work. I eventually got the washing machine and flush fixed 3 days later but I ended up buying my own microwave.

In addition to the above there property wasn't painted nor was it cleaned. It was also still full of the previous tenant's belongings. When I told the agent this i was asked to bag them up and put them in the bins! These were kids bikes, cot, single bed, table and chairs, trainers in the back garden (which was overgrown!). I could go on.

Last week I got clamped in a space that came with the apartment because the agent forgot to register my car with the management company. I had to pay €120 to release it so I could go to work and chances are I won't see this again. I also have no heating - I turned it on the first day I was there and whilst I went into the back to make beds the fire alarm went off. I came back in and the room was filled with smoke coming from the heater. They know about this over a week now and still haven't sent anyone out!

The agent is now telling me that I will have to pay full rent on the 16th if HAP haven't sorted things at their end or they will serve me with 2 weeks notice. Are they allowed to do this?? I would then be homeless with my 3 year old daughter! I work full time and have saved hard for the deposit and first months rent. The last thing I expected was to be told I would be kicked out if HAP haven't sorted the payment by the following month. Surely they knew when accepting HAP that there are waiting times? This is something I mentioned to the agent when I signed and was told it would all be fine and not to worry about?

Do I have to pay this or does HAP backdate? I'm reluctant to pay them anything to be honest given the state the property was in when I was handed the keys and given that the apartment has no heating - I turned it on the first day I was there and whilst I went into the back to make beds the fire alarm went off. I came back in and the room was filled with smoke coming from the heater. They know about this over a week now and still haven't sent anyone out!

Please can someone advise me of my rights here? The agent's tone is 'it is what it is' which really isn't good enough given I am in a property that's not even fit for possession with no heating!

Fol20

Dora89 wrote: »

Hi,

I am having awful trouble with an agent since signing for my new property 2 weeks ago.


I was assured when i accepted the property that it would be painted and cleaned and blinds would be repaired. When I moved in nothing was done. In addition there was no washing machine or microwave and the toilet flush wouldn't work. I eventually got the washing machine and flush fixed 3 days later but I ended up buying my own microwave.

In addition to the above there property wasn't painted nor was it cleaned. It was also still full of the previous tenant's belongings. When I told the agent this i was asked to bag them up and put them in the bins! These were kids bikes, cot, single bed, table and chairs, trainers in the back garden (which was overgrown!). I could go on.

Last week I got clamped in a space that came with the apartment because the agent forgot to register my car with the management company. I had to pay €120 to release it so I could go to work and chances are I won't see this again. I also have no heating - I turned it on the first day I was there and whilst I went into the back to make beds the fire alarm went off. I came back in and the room was filled with smoke coming from the heater. They know about this over a week now and still haven't sent anyone out!

The agent is now telling me that I will have to pay full rent on the 16th if HAP haven't sorted things at their end or they will serve me with 2 weeks notice. Are they allowed to do this?? I would then be homeless with my 3 year old daughter! I work full time and have saved hard for the deposit and first months rent. The last thing I expected was to be told I would be kicked out if HAP haven't sorted the payment by the following month. Surely they knew when accepting HAP that there are waiting times? This is something I mentioned to the agent when I signed and was told it would all be fine and not to worry about?

Do I have to pay this or does HAP backdate? I'm reluctant to pay them anything to be honest given the state the property was in when I was handed the keys and given that the apartment has no heating - I turned it on the first day I was there and whilst I went into the back to make beds the fire alarm went off. I came back in and the room was filled with smoke coming from the heater. They know about this over a week now and still haven't sent anyone out!

Please can someone advise me of my rights here? The agent's tone is 'it is what it is' which really isn't good enough given I am in a property that's not even fit for possession with no heating!

It’s sounds like it might be worth getting out of the place rather than trying to stick it out with all the hassle you have had. In relation to HAP unless previouly agreed in writing you would have to fulfill your obligations and continue to pay until hap is sorted. Think about it this way, if you have a Landlord trying to pay his mortgage I’m sure the bank wouldn’t say ah sure hap takes a while so just pay us when you can.

spaceHopper

Maybe you should try to visit Citizens information, you might need to talk face to face with somebody over this, there is a 3 year old to think of.

You want to get it sorted but at the same time you don't want to be told by HAP that the place is unsuitable and they won't cover it. What is your plan B, can you move back in with family?

As for the agent, are they the owner or agent for the LL. If they are an agent are they a member of a professional body. Document everything. What alarm went off, smoke or Carbon monoxide? Is the flue blocked out side?

I'd contact the agent with a list of issues, give them a timeframe to sort it out, about two weeks and state due to dangerous condition it was give to you in you will take it their professional body and the authorities if it is not rectified. Best case they sort it or failing that you get your deposit back and get out somewhere better. Worst you lose it and have to move and take a case against them. If you are on HAP do you qualify for free legal aid.

Best get advice from somebody face to face or over the phone from somebody who knows. Citizens information would be my first call

beauf

http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html#ldcb2a

Might be of help.

Claw Hammer

Make a complaint to the RTB. Offset the €120 that you paid against your rent.

pilly

Claw Hammer wrote: »

Make a complaint to the RTB. Offset the €120 that you paid against your rent.

This is illegal.

Claw Hammer

pilly wrote: »

This is illegal.

It is not illegal to have an offset. The €120 was charged because of the landlord's negligence, hence the landlord is liable.

Askthe EA

Claw Hammer wrote: »

It is not illegal to have an offset. The €120 was charged because of the landlord's negligence, hence the landlord is liable.

I was under the impression that are no reasons allowable to withhold rent without LLs agreement. Technically, the OP should request payment from the LL or their agent and if not in receipt should take a civil action to recoup the costs incurred.

Is that incorrect now?

pilly

Askthe EA wrote: »

I was under the impression that are no reasons allowable to withhold rent without LLs agreement. Technically, the OP should request payment from the LL or their agent and if not in receipt should take a civil action to recoup the costs incurred.

Is that incorrect now?

No it's not incorrect. It is not allowable to deduct money from rent. Clawhammer is just making up his own rules. This is irresponsible posting in my view because the tenant could end up in trouble over it.

Askthe EA

pilly wrote: »

This is irresponsible posting in my view because the tenant could end up in trouble over it.

Indeed

Claw Hammer

Askthe EA wrote: »

I was under the impression that are no reasons allowable to withhold rent without LLs agreement. Technically, the OP should request payment from the LL or their agent and if not in receipt should take a civil action to recoup the costs incurred.

Is that incorrect now?

Yes. All disputes must go to the RTB. The RTB will allow an offset.

Askthe EA

Claw Hammer wrote: »

Askthe EA wrote: »

I was under the impression that are no reasons allowable to withhold rent without LLs agreement. Technically, the OP should request payment from the LL or their agent and if not in receipt should take a civil action to recoup the costs incurred.

Is that incorrect now?

Yes. All disputes must go to the RTB. The RTB will allow an offset.

To be fair, that's not what your post implied.

Graham

Mod Note: Please don't advise people to withhold rent. It's quite likely to end up with someone receiving an eviction notice.

Dora89, talk to your Community Welfare Officer to see if there's anything they can do to assist with the rent. Email the letting agent to tell them that the property is without heat and ask when they intend to get it fixed. Heating is one of the requirements under the minimum standards for rented accommodation so yes, you do have rights.