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Landlord won't pay for repairs

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24

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    #32
    elperello
    Registered Users Posts: 14,474 ✭✭✭✭elperello


    Sleeper12 wrote: »
    Nope. The landlord might be able to write off the a small portion of the cost. It's not like a business according to revenue and they only allow I think 20 percent.

    Anyway its not the landlords problem. Op will pay, even if it comes out of the deposit. The only way to avoid that is to open a dispute now with rtb.

    https://www.revenue.ie/en/property/rental-income/irish-rental-income/what-expenses-are-allowed.aspx

    Repairs are an allowable expense. This would include paying someone to fit a new door. If the LL fits it himself he cannot claim for his time.
    He will be able to claim it back from Revenue if he keeps a receipt.
    Might as well keep tenant happy and pay up, it will go to Revenue anyway at the end of the tax year.


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    #33
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    The best of both worlds is to go 50/50 on this. Landlord can then expense it so he pays a minimal amount and it only costs you half the amount. At least this way you avoid confrontation and this isn’t one of these things that would normally brake down in such a manner without some extra force


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    #34
    Gijoseph
    Closed Accounts Posts: 64 ✭✭Gijoseph


    You won't get much help here op. The forum seems to be teeming with overzealous landlords. I would get it repaired and take it out of the rent. Keep the receipts if the landlord decides to open a dispute.


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    #35
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    OnDraught wrote:
    Do most decent landlords not carry out regular inspections to ensure the property is up to standards. Sounds like they didn't in this case.


    Your not getting it. You rent the property after you inspect it. You then move in and you inspect it some more. Your lease that you sign says that you will notify the landlord of any defects or wear and tear. I'm not getting into who's fault this particular case is but had the landlord been told about rusty wheels he would have the option to replace the wheels instead of the whole door. If the landlord didn't replace the wheels when told about them then he is liable. If a tenant fails in their duty to notify the landlord about the wear and tear on the wheels how is it his fault when it actually breaks.


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    #36
    elperello
    Registered Users Posts: 14,474 ✭✭✭✭elperello


    Gijoseph wrote: »
    You won't get much help here op. The forum seems to be teeming with overzealous landlords. I would get it repaired and take it out of the rent. Keep the receipts if the landlord decides to open a dispute.

    Please don't withhold rent. It's not a good idea.


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    #37
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    Gijoseph wrote: »
    You won't get much help here op. The forum seems to be teeming with overzealous landlords. I would get it repaired and take it out of the rent. Keep the receipts if the landlord decides to open a dispute.

    Do not follow this persons advice, he doesnt know the rules whatsoever. Never take money out of the rent due or you would fall into rent arrears and face eviction. If you believe you are not at fault, raise a rtb case. Not every ll is overzealous as you say, maybe some common sense here that if it was closed with normal force something like this wouldnt happen or as another poster mentioned if something is not reported to ll, it would be the tenants fault.


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    #38
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    elperello wrote:
    Repairs are an allowable expense. This would include paying someone to fit a new door. If the LL fits it himself he cannot claim for his time. He will be able to claim it back from Revenue if he keeps a receipt. Might as well keep tenant happy and pay up, it will go to Revenue anyway at the end of the tax year.

    I know that repair is an allowable expense. If a new door costs 400 Euro supplied and fitted he doesn't get 400 back from revenue. He gets a portion of it.

    Your original statement suggests that it wont cost the landlord anything. He will be hundreds out of pocket even after tax relief.


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    #39
    OnDraught
    Closed Accounts Posts: 310 ✭✭OnDraught


    Sleeper12 wrote: »
    Your not getting it. You rent the property after you inspect it. You then move in and you inspect it some more. Your lease that you sign says that you will notify the landlord of any defects or wear and tear. I'm not getting into who's fault this particular case is but had the landlord been told about rusty wheels he would have the option to replace the wheels instead of the whole door. If the landlord didn't replace the wheels when told about them then he is liable. If a tenant fails in their duty to notify the landlord about the wear and tear on the wheels how is it his fault when it actually breaks.

    That's fair enough but in the op's case rust building up on something that is in daily contact with water can hardly be expected and was probably not very visible when the door was in place. It is clearly a substandard and ultimately dangerous fitting. I'd be falling over myself to replace it if I was the landlord.


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    #40
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    OnDraught wrote: »
    Do most decent landlords not carry out regular inspections to ensure the property is up to standards. Sounds like they didn't in this case.

    "Surely", such entitlement :rolleyes:

    You smashed the shower door, pay for the repair, simple.

    It takes some force to smash a shower door.

    You haven't come here for advice, you are looking for people to side with you. You have an issue with anybody who doesn't share your opinion.


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    #41
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    Gijoseph wrote:
    You won't get much help here op. The forum seems to be teeming with overzealous landlords. I would get it repaired and take it out of the rent. Keep the receipts if the landlord decides to open a dispute.

    Op has gotten good advice from landlords here. I already suggested opening a dispute. This is the only legal way to handle it. Your suggestion of withholding rent or deducting it from the rent is against the lease. Op will almost certainly ruin any chance of winning the dispute by taking this action. Also the landlord will just take it out of the deposit so Op will be no better off. The only way to handle this is to open a dispute


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    #42
    OnDraught
    Closed Accounts Posts: 310 ✭✭OnDraught


    Adalynn Victorious Spine wrote: »
    "Surely", such entitlement :rolleyes:

    You smashed the shower door, pay for the repair, simple.

    It takes some force to smash a shower door.

    There was rust on the wheels. Nothing to do with force.


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    #43
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    OnDraught wrote:
    That's fair enough but in the op's case rust building up on something that is in daily contact with water can hardly be expected and was probably not very visible when the door was in place. It is clearly a substandard and ultimately dangerous fitting. I'd be falling over myself to replace it if I was the landlord.

    You are talking about something that you haven't seen. I am a shower repair guy. I'm in dozens of showers per week. First off Op says rusty wheels. Have a look at the wheels of your own shower. Shower doors don't have parts that rust Inc the wheels. A shower door company wouldn't be in business long if the parts rusted.

    I'm gobsmacked that you can describe something that you've never seen as clearly substandard and dangerous.


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    #44
    OnDraught
    Closed Accounts Posts: 310 ✭✭OnDraught


    Sleeper12 wrote: »
    You are talking about something that you haven't seen. I am a shower repair guy. I'm in dozens of showers per week. First off Op says rusty wheels. Have a look at the wheels of your own shower. Shower doors don't have parts that rust Inc the wheels. A shower door company wouldn't be in business long if the parts rusted.

    I'm gobsmacked that you can describe something that you've never seen as clearly substandard and dangerous.

    I'm not describing anything. I'm taking the op at their word. Not much point in responding to this thread if you need to see the damage yourself in fairness.

    The concept didn't sound so unbelievable to you earlier and you are the expert.
    Sleeper12 wrote: »
    I'm not getting into who's fault this particular case is but had the landlord been told about rusty wheels he would have the option to replace the wheels instead of the whole door.


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    #45
    elperello
    Registered Users Posts: 14,474 ✭✭✭✭elperello


    Sleeper12 wrote: »
    I know that repair is an allowable expense. If a new door costs 400 Euro supplied and fitted he doesn't get 400 back from revenue. He gets a portion of it.

    Your original statement suggests that it wont cost the landlord anything. He will be hundreds out of pocket even after tax relief.



    The entire amount paid in the year can be claimed. The documents relating to these costs must be retained for a period of 6 years, as per Revenue.

    http://www.rentalincome.ie/tax-allowable-expenses/repairs/


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    #46
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    OnDraught wrote: »
    I'm not describing anything. I'm taking the op at their word. Not much point in responding to this thread if you need to see the damage yourself in fairness.

    in fairness the op is saying the wheels are rusty. these parts are made from stainless steel and plastic. at least any I have seen.
    I would like to see the damage before I rule it out but it unlikely to be rust.
    probably years of dirt that have seized the bearings and the wheels have worn enough that they could come out


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    #47
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    Sleeper12 wrote: »
    Op views the property then moves in. From that point on the tenant has an obligation to report any maintenance issues. The landlord can't replace rusty wheels if the tenant doesn't bring it to his attention.

    It's possible that the shower door is 30 years old and was due to be retired and it's possible that the Op was a bit heavy handed. None of us here can tell for sure.

    Op if landlord won't pay and you believe that he should, the only option is to open a dispute. Take lots of photos of the wheels and try keep one for the dispute. The arbitrator is the only one you will need to convince. There's no point getting more stressed trying to convince us.
    glass showers are not 30
    year old


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    #48
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    elperello wrote: »
    The entire amount paid in the year can be claimed. The documents relating to these costs must be retained for a period of 6 years, as per Revenue.

    http://www.rentalincome.ie/tax-allowable-expenses/repairs/

    That doesn't mean the landlord gets €400 back from revenue.


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    #49
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    elperello wrote: »
    The entire amount paid in the year can be claimed. The documents relating to these costs must be retained for a period of 6 years, as per Revenue.

    http://www.rentalincome.ie/tax-allowable-expenses/repairs/

    Yea the entire amount can be expenses however it still costs landlords money


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    #50
    OnDraught
    Closed Accounts Posts: 310 ✭✭OnDraught


    the_pen_turner wrote: »
    in fairness the op is saying the wheels are rusty. these parts are made from stainless steel and plastic. at least any I have seen.
    I would like to see the damage before I rule it out but it unlikely to be rust.
    probably years of dirt that have seized the bearings and the wheels have worn enough that they could come out

    If that is the case it doesn't sound like something the op should be paying for.


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    #51
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    Tigger wrote: »
    glass showers are not 30
    year old

    we had a glass shower door on my parents house up to a few years ago. it was aluminium and a yellow 70s textured glass. it was installed around 1985-6 . I'm 31 and they moved in the year before I was born


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    #52
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    OnDraught wrote: »
    If that is the case it doesn't sound like something the op should be paying for.

    I'm not saying they should in that case


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    #53
    elperello
    Registered Users Posts: 14,474 ✭✭✭✭elperello


    Graham wrote: »
    That doesn't mean the landlord gets €400 back from revenue.

    You are right he won't "get it back" it is a deduction before he calculates his tax.


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    #54
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    the_pen_turner wrote: »
    we had a glass shower door on my parents house up to a few years ago. it was aluminium and a yellow 70s textured glass. it was installed around 1985-6 . I'm 31 and they moved in the year before I was born

    on rollers?


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    #55
    the_pen_turner
    Registered Users Posts: 7,506 ✭✭✭the_pen_turner


    Tigger wrote: »
    on rollers?

    cant remember .


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    #56
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    elperello wrote: »
    You are right he won't "get it back" it is a deduction before he calculates his tax.

    Yes, in the same way your employer giving you a €400 pay cut may save you €200 in tax.


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    #57
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    the_pen_turner wrote: »
    cant remember .

    lol


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    #58
    shaunr68
    Registered Users Posts: 555 ✭✭✭shaunr68


    Tigger wrote: »
    lol
    Don't be silly. You made a blanket statement which was wrong. I had a glass shower door 30 years ago. You claimed:
    Tigger wrote: »
    glass showers are not 30
    year old
    This is incorrect. Try harder if you're attempting to mock people :D


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    #59
    elperello
    Registered Users Posts: 14,474 ✭✭✭✭elperello


    Graham wrote: »
    Yes, in the same way your employer giving you a €400 pay cut may save you €200 in tax.

    Repairs along with other expenses are deducted from total income. You pay tax at your rate on the net income.


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    #60
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    Tigger wrote: »
    glass showers are not 30
    year old
    the_pen_turner wrote: »
    we had a glass shower door on my parents house up to a few years ago. it was aluminium and a yellow 70s textured glass. it was installed around 1985-6 . I'm 31 and they moved in the year before I was born
    shaunr68 wrote: »
    Don't be silly. You made a blanket statement which was wrong. I had a glass shower door 30 years ago. You claimed:

    This is incorrect. Try harder if you're attempting to mock people :D

    glass shower doors on rollers were no around 30 years ago
    the landlord should fix and be happy

    op consult a solicitor


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    #61
    Gijoseph
    Closed Accounts Posts: 64 ✭✭Gijoseph


    Not only overzealous but they seem to be sensitive little snowflakes. Isn't that right graham?


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