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Can't Contact Landlord....Any Suggestions?

  • 07-01-2014 6:56pm
    #1
    Closed Accounts Posts: 2,894 ✭✭✭


    My landlord never provided any contact info beyond a cell phone number....but months later, the refrigerator has stopped working and he's not responding to texts or calls.

    It's been three weeks....can anyone advise how I might track down the landlord/what my legal obligations are towards him with regard to repairing/replacing the fridge? I didn't think I could repair or replace it - as it is his property; but it can no longer safely store food. I had a look online and everything says I need to write a letter to properly notify him of the problem, but I can't do that. No idea if a text message counts, presumably he is a decent fellow who has gotten a new phone number or something.

    I know he has registered us with the PRTB - but I've also heard it takes *months* for anything to happen if I contact them.

    Can I legally have it repaired? If the repairman causes damage am I liable? Can I deduct the cost of the repairman from the rent? Without the fridge, the apartment doesn't meet the minimum requirements as I understand them; and the agreed upon rent was for a place that would allow me to store food. As I continue to wait - am I entitled to compensation since I'm not getting the accommodation I'm paying for/am spending a fair bit more on groceries?

    Thanks in advance, any help would be much appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Check to see if the PRTB will give you his address.

    I think that the Land Registry will allow people without accounts to carry out searches if they pay by credit card.

    I would carry out a land registry search and see if he gave his home address among his details.

    And I would call to see him in person.


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


    How are you paying rent?
    You are entitled to a fridge (and a freezer) and if it has stopped working through no fault of yours, I'd be inclined to attempt to contact the landlord in the first instance- and failing that- to replace the fridge/freezer with like for like, as closely as possible, keep all the receipts, and deduct it from the next rent. The landlord will be able to write it off against his taxable income over the economic life of the fridge (8 years) on a flatline basis.

    Its not an ideal situation- but you are entitled to a fridge, come what may.


  • Registered Users Posts: 896 ✭✭✭shenanagans


    stop paying the rent. he'll get in contact then!


  • Registered Users, Registered Users 2 Posts: 78,537 ✭✭✭✭Victor


    Look up the landlord in the phonebook, Google, etc. Send a text message.

    Otherwise, contact the PRTB, explaining the situation and they should be able to help you reasonably promptly.

    If nothing comes of that, a further text message, saying they have X days to sort it or you will have to sort it and deduct from the rent.
    stop paying the rent. he'll get in contact then!

    This may be a silly route to take, with unforeseen consequences.


  • Registered Users Posts: 682 ✭✭✭small town girl


    Hi OP, once you do manage to reach your Landlord I suggest you ask them to clarify their postal address.

    I had an issue with a former Landlord of mine, who withheld my deposit of almost a thousand euros for absolutely no reason except he was broke and had spent it (his admission). Ultimately I was unable to bring him to the Small Claims Court as I could not serve him with a legal summons. Threshold were very helpful to me, but said their hands were tied on a technicality. I hope your relationship does not end up as sour, but it's best to be prepared.


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  • Registered Users, Registered Users 2 Posts: 490 ✭✭delop


    stop paying the rent. he'll get in contact then!

    That could get the person evicted , dont do that ....

    Try and be calm about it, and it sounds like the Op is . In 00 I was living in an apartment in town, the toilet backed up and we were without a toilet for weeks (you dont want to know) we could not contact the landlord and got quite annoyed and high and mighty about the whole thing. Weeks passed and finally his phone was answered , his wife answered it. I began in an annoyed hhaughty/entitled tone, and she burst into tears. She explained her husband was diagnosed with cancer suddenly and she was overwhelmed. I apoligised and asked her if it would be ok for us to sort it ourselves and trim the rent . She agreed. He was dead 6 months later....

    I still feel terrible about my behavour from time to time. I learnt a lesson that day , you just never know....


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Victor wrote: »
    This may be a silly route to take, with unforeseen consequences.

    I suppose technically speaking the consequences would be a 14 day notice of arrears, which if cleared in 14 days can go no further. Its not ideal, but if you absolutely need to make contact with the landlord it would certainly be one way of doing it. It might not be legal, but is it any worse than the landlord not making themselves contactable (or indeed not giving the tenant their full contacts details as per their legal obligation)?


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    How are you paying rent?
    You are entitled to a fridge (and a freezer) and if it has stopped working through no fault of yours, I'd be inclined to attempt to contact the landlord in the first instance- and failing that- to replace the fridge/freezer with like for like, as closely as possible, keep all the receipts, and deduct it from the next rent. The landlord will be able to write it off against his taxable income over the economic life of the fridge (8 years) on a flatline basis.

    Its not an ideal situation- but you are entitled to a fridge, come what may.

    When I found the apartment, I used Daft.ie and I was in contact with a rental agency. I filled out the lease/paid them/set up an automatic draft to pay the rent and they told me the landlord would contact me. He never did - but they supplied the phone number.

    I last contacted him about 6 months ago when I noticed the automatic draft had stopped paying rent. I sent him a text apologizing, he responded, I paid him the missing money and things seemed fine.


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    stop paying the rent. he'll get in contact then!

    Believe it or not, I stopped paying him (accidentally) and he never said anything. I noticed my balance was higher than it should be and went to Bank Of Ireland who told me my auto-payment had expired


  • Closed Accounts Posts: 3,284 ✭✭✭Chattastrophe!


    UCDVet wrote: »
    When I found the apartment, I used Daft.ie and I was in contact with a rental agency. I filled out the lease/paid them/set up an automatic draft to pay the rent and they told me the landlord would contact me. He never did - but they supplied the phone number.

    I last contacted him about 6 months ago when I noticed the automatic draft had stopped paying rent. I sent him a text apologizing, he responded, I paid him the missing money and things seemed fine.

    So why not contact the agency and see if they have any more contact info for him?

    They mightn't be able to give it to you, but they should at least be able to send him an e-mail/letter, in case he's switched to a new phone number.


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  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    stop paying the rent. he'll get in contact then!

    While this may not be the best solution it may be the only one.
    PRTB wont give you any details of landlord due to Data Protection Law.
    I would suggest,

    Get fridge repaired,
    pay repairman and get report outlining fault and the bill marked "paid" from him
    deduct this amount from the rent and pay the balance due.

    The landlord may contact you then and be prepared to explain the position.

    The landlord can claim this cost as a tax relief so he wont be out of pocket.
    Really you should have full contact details of the landlord or agent from the start


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Santa Cruz wrote: »
    PRTB wont give you any details of landlord due to Data Protection Law.

    Considering the tenant is legally entitled to the landlords contact details, and it would be a fair assumption that the tenant would/should already have them, would PRTB really be falling foul of data protection laws by giving them to the tenant if asked?


  • Registered Users, Registered Users 2 Posts: 78,537 ✭✭✭✭Victor


    Santa Cruz wrote: »
    While this may not be the best solution it may be the only one.
    PRTB wont give you any details of landlord due to Data Protection Law.
    A tenant has a statutory right to have the landlord's contact details so data protection doesn't arise.


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    So why not contact the agency and see if they have any more contact info for him?

    They mightn't be able to give it to you, but they should at least be able to send him an e-mail/letter, in case he's switched to a new phone number.

    I contacted them originally and they said they could only give the phone number. To be honest, they weren't too happy about it.

    When I went to sign the lease and setup the bank payment I asked and they said, 'Oh sure, he'll contact you with the details soon enough, let's just get this paperwork out of the way'.

    After that they weren't too helpful.


  • Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    Santa Cruz wrote: »
    While this may not be the best solution it may be the only one.
    PRTB wont give you any details of landlord due to Data Protection Law.
    I would suggest,

    Get fridge repaired,
    pay repairman and get report outlining fault and the bill marked "paid" from him
    deduct this amount from the rent and pay the balance due.

    The landlord may contact you then and be prepared to explain the position.

    The landlord can claim this cost as a tax relief so he wont be out of pocket.
    Really you should have full contact details of the landlord or agent from the start

    I hate to say it - but I think you might be right.

    I did contact PRTB and they told me:
    I wish to acknowledge receipt of your email and note the contents therein.

    Unfortunately the PRTB are not in a position to disclose this information due to the Data Protection Act. If you are looking for advice you may wish to contact Threshold on 1890334334 who offer free legal advice to tenants on their housing rights. Apologies I could not be of more assistance.

    I contacted Threshold by phone and they told me to contact PRTB to get the address and that I would need to write the landlord to inform him of the broken appliance.


  • Registered Users, Registered Users 2 Posts: 23,771 ✭✭✭✭ted1


    Stop paying rent, keep the rent aside, if he asks tell him you lost his account details and his contact details. Pay him once he makes contact and tell him about the fridge.

    If paying by transfer ask for a note to be put on it. So instead of your name it'll say call tenant,


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    I would have thought that the data protection act would apply to everyone bar you, considering you are legally entitled to have the information that you seek. Its possible that PRTB are working off the basis that you could be anyone at all just ringing in and saying that they are the leaseholder. Maybe ring them and speak to someone rather than emailing.


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    UCDVet wrote: »
    I contacted them originally and they said they could only give the phone number. To be honest, they weren't too happy about it.

    When I went to sign the lease and setup the bank payment I asked and they said, 'Oh sure, he'll contact you with the details soon enough, let's just get this paperwork out of the way'.

    After that they weren't too helpful.

    Contact them again and tell them that unless you can get in touch with the landlord you will be moving out due to the house being unhabitable, that should get a fire lit under them.


  • Registered Users, Registered Users 2 Posts: 26,180 ✭✭✭✭Mrs OBumble


    Victor wrote: »
    A tenant has a statutory right to have the landlord's contact details so data protection doesn't arise.

    However PRTB would need proof that the person they were dealing with was in fact the tenant before releasing them.

    I'd suggest askng them to post the contact details to the property address.


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