Mandatory temporary eviction from rented apartment

Captain Flaps

I've been a tenant in a complex in Finglas since March 2016.

In October of last year we received notice that at some point between June and November of this year all tenants in the complex would have to fully vacate their properties for a period of between 3-4 weeks for mandatory fire safety works to be completed. The work is to be carried out in waves and we were to be given 6 weeks notice in advance of having to vacate. The letter we received made it very clear that there had been a previous notice about these works issued in February 2016, just before the apartment went on Daft. I contacted the letting agent who manages our tenancy who confirmed they knew about that etc but temporary accommodation would be provided by the complex management company.

Roll forward to now, and the work has started. Residents are being given 3 weeks notice to vacate, and the temporary accommodation consists of unfinished units within the complex which have already had works carried out. The units have running hot water and electricity but no gas or internet. The builders require ALL contents of the apartments to be removed for the full duration of the works and will not provide any assistance with this.

Here's the wrinkle - We've bought a house and were planning to vacate the property on the 15th August (I handed in notice a week ago and we have to provide 56 days etc). While we haven't been given our vacation order yet I would expect the entire process will take place during this time frame.

The agent is refusing to budge on notice, insisting I pay rent for the entire period of my notice (this is fair enough, they don't have to make allowances for me). What's really annoying me though is that I will be paying rent for an apartment I'm being removed from, and will be on the hook for the electricity bill run up by the builders during the 3-4 weeks they'll be in there. I'll also have to travel back to Finglas from the new place in Rathfarnham to move ALL of the landlord's furniture (including an IKEA floor to ceiling TV unit which was assembled in the apartment and bolted to the wall) and equipment into the temp unit and back, and the return of my deposit will still be subject to a final inspection when I hand back the keys in August - despite the fact that a team of builders will have been tearing the place apart for 3-4 weeks.

I'm planning on ringing PTRB when I'm able to get away from work but is the above just unfair or do I have any recourse?

.......

This post has been deleted.

Doop

Slightly messy situation alright, I think you are right to phone the PRTB. I dont have an all in solution but I would suggest you do not touch the landlords furniture, this is up to the landlord to arrange removal and reinstatement, what happens if you damage it when moving it? you'd be on the hook for the cost then. I would even go one step further and suggest the landlord should be arranging removal of your belongings also.

Realistically the agent/landlord if reasonable would let you terminate earlier seeing as the apartment will no longer be habitable but it doesn't seem like thats an option.

What would happen if you moved into the temp apartment and claimed its not fit for purpose ie no internet/gas etc?

Captain Flaps

Doop wrote: »

Slightly messy situation alright, I think you are right to phone the PRTB. I dont have an all in solution but I would suggest you do not touch the landlords furniture, this is up to the landlord to arrange removal and reinstatement, what happens if you damage it when moving it? you'd be on the hook for the cost then. I would even go one step further and suggest the landlord should be arranging removal of your belongings also.

Realistically the agent/landlord if reasonable would let you terminate earlier seeing as the apartment will no longer be habitable but it doesn't seem like thats an option.

What would happen if you moved into the temp apartment and claimed its not fit for purpose ie no internet/gas etc?

Apologies, a detail I left out is that I'll actually be fully out of the apartment and into my home by the 15th July, We're moving the weekend of the 13th as we get our keys that week. I was planning to be completely out of the apartment with all the appliances unplugged and heating etc off so I'd only owe a standing charge and no usage, I have no intention of ever setting foot in the temp accommodation if I can help it.. We're in the process of packing all our own stuff up now so it's only the stuff that came with the (fully furnished) apartment that will need moving.

I initially tried to get away with giving a month's notice with the suggestion that they get the builders in after I leave, repaint and then relist it but they were having none of it. The work involves literally tearing apart the walls so the funny thing is they could probably legitimately up the rent massively if they did this.

Doop

Well the agent doesn't know you wont be using the temporary accommodation? See what the RTB say but option B could be...
Call into the agent and sit down and negotiate (depending on what you have already told them)

Potentially you suggest, you are moving into your own accom which is unfinished (therefore a hardship for you) but you felt no other option as the rental apartment is not available, and you are unhappy with the proposed 'temporary accom'.
Waffle.. waffle.. waffle...
Say you are reasonable and willing to come to a settlement... ie maybe offer half or a third rent for notice period... and are willing to hand back keys immediately. They get early vacation and a settlement.

Side note.. why are you liable for the contractors electricity bill? I wouldn't let that slide, generally in construction projects contractors take readings and make adjustments accordingly.

Captain Flaps

All good advice, I'll try that. Right now I'm making an assumption that the builders will be in during my notice but until I get the letter off them I don't know for sure so any situation I present to th agent is a hypothetical.

Doop wrote: »

Side note.. why are you liable for the contractors electricity bill? I wouldn't let that slide, generally in construction projects contractors take readings and make adjustments accordingly.

Maybe I'm not, will find out ASAP. I've chatted to a couple of people including residents who've said they're expecting big bills but they might be misinformed.

Claw Hammer

There is no point in ringing the RTB. Make a complaint in writing. When builder is ready to start work, make an arrangement that you will vacate when you get your deposit back.

seagull

First thing is that it's completely the landlord's responsibility to have their furniture removed. Don't even think about doing anything with it.
You should not be liable for the builders electricity bill. I'm not sure how it should be handled to ensure that.

Mrs OBumble

Hand the keys back and insist on a final inspection the day you move out - even if youre on the hook for rent for longer, you cannot be responsible for the place when you've moved out.

Also have the power account closed.

marieholmfan

It sounds like the temporary accommodation doesn't meet the minimum standard for rented accommodation.
Open a case with the PRTB and also the IAVI.

You won't need to rent in the future ; so you don't need to stay on good terms with the landlord or his agent so play hardball.

GGTrek

marieholmfan wrote: »

It sounds like the temporary accommodation doesn't meet the minimum standard for rented accommodation.
Open a case with the PRTB and also the IAVI.

You won't need to rent in the future ; so you don't need to stay on good terms with the landlord or his agent so play hardball.

Bad advice. Where in the standard regs it is written that internet and gas are necessary items in accommodation provided? As long as heating and kitchen are electric it is perfectly fine.

marieholmfan

GGTrek wrote: »

Bad advice. Where in the standard regs it is written that internet and gas are necessary items in accommodation provided? As long as heating and kitchen are electric it is perfectly fine.

No cost to open a case and what do you imagine the purpose of the gas is?

4ensic15

marieholmfan wrote: »

No cost to open a case and what do you imagine the purpose of the gas is?

It costs €25 to open a case. No need for gas if there is an alternative.

Samuel T. Cogley

A couple of things, internet can be bought on no contract from Virgin and Magnet.

Don't count on getting your keys when the vendor has told you you'll get the keys.

If furniture etc. needs to be moved that's the LL's problem.

the_syco

Captain Flaps wrote: »

We've bought a house and were planning to vacate the property on the 15th August

First off; do you have the keys to the new house? If not, your move in date does not exist yet. Buying a house, and moving into said house can be two separate things.

Captain Flaps wrote: »

the return of my deposit will still be subject to a final inspection when I hand back the keys in August

If you do have the keys, perhaps inform the agent that you won't move any of the landlords stuff in case you damage it, and any damage done to the landlords property apartment will be the fault of the builders, and not you.

If you don't have the keys, you'll have to play their silly game, but again, argue against moving anything which belongs to the landlord that is bolted down, or is too heavy for you to move without assistance.

davindub

The short version of this is your tenancy exists in the current property only. While most tenants are happy to accept alternate accommodation, you are not obliged to accept this. The LL can issue notice to terminate under the substantial renovations clause to carry out the works. Unless you have agreed to the move, you can use this to negotiate.

seagull

the_syco wrote: »

If you don't have the keys, you'll have to play their silly game, but again, argue against moving anything which belongs to the landlord that is bolted down, or is too heavy for you to move without assistance.

Why should the tenant have anything to do with organising furniture being moved? The lease is for a furnished property. It's up to the LL to organise moving the furniture from one location to the other.

Captain Flaps

Thanks to all for the replies. Regarding getting keys to my own house, we have the contract signed by both parties solicitors agreeing to the move in date, everything else is completed apart from literally collecting the keys so I'm hoping not to have any issues, but I agree that this isn't a sure thing.

I got chatting to a neighbour who said he was able to find out that the move date for most of our floor is 18th August, so if this is the case it looks like I'll be out regardless. I rang the agent again and used some of the arguments you guys provided and she immediately agreed we shouldn't touch the landlord's furniture or attempt to move it, and that irrespective of the move date any final inspection/keys being handed back will take place before any third party can enter. Thanks for all the help but looks like we may have a resolution unless the date the work is taking place changes.

the_syco

Captain Flaps wrote: »

Thanks to all for the replies. Regarding getting keys to my own house, we have the contract signed by both parties solicitors agreeing to the move in date, everything else is completed apart from literally collecting the keys so I'm hoping not to have any issues, but I agree that this isn't a sure thing.

Sounds like you hope the house the seller is moving into is ready in time. Perhaps look into this, and why that date, if the contracts are all signed, etc.

Captain Flaps

the_syco wrote: »

Sounds like you hope the house the seller is moving into is ready in time. Perhaps look into this, and why that date, if the contracts are all signed, etc.

Cheers, the seller is moving in with a relative for the rest of the summer as they wanted the sale fully completed before they went looking so they'd be in a stronger position to bid. The date was arrived at by mutual agreement as it suited both parties, and my solicitor has assured me that all the paperwork is completed and in order. Mortgage is drawn down already so literally nothing to do other than vacate and get keys etc, the vendors have been really helpful and accommodating in general so I'm not EXPECTING any problems.