Boiler repairs

Rosedust84 · 18-09-2019 7:53am #1

I got my oil for the winter delivered last week, and the delivery man said there's a hole in the tank. I can't switch on my heating without going out to the boiler and bleeding it. On top of that it is chucking out black smoke. Not sure if there's a problem elsewhere but hot taps aren't working, just dropping cold water. I spoke to my landlord first about the smoke and he said I will have to pay a plumber to service it , but the other problems have come up and he says it is my responsibility to get it all fixed. Is this correct? I am here over a year but have never used the oil heating.

My landlord lives next door so I'm afraid to start bad relations..plus I'm worried if I question it he will evict me. Fridge and washing machine are broken also but the house was rented as unfurnished so I'm thinking these are my responsibility?

I ma a HaP tenant so I am contracted with them to stay here for at least a year, although I am part 4 I believe? Years contract expires a few months ago.

handlemaster · 18-09-2019 8:24am

its the landlords issue not the tenants.

miezekatze · 18-09-2019 8:30am

He can't just evict you like that, and getting the boiler fixed is the landlord's responsibility. If the fridge etc are yours then it's up to you to get them fixed, but if they came with the house they're the landlord's responsibility too. That's my understanding anyway.

cruizer101 · 18-09-2019 8:57am

Landlord is required to supply Fridge and Washing Facilities i.e. washing machine.

Hot and Cold water and Adequate Heating are also required to be supplied.

https://onestopshop.rtb.ie/beginning-a-tenancy/what-minimum-standards-must-a-property-meet/

Get on to them and tell them they need to get it fixed, refer them to the above link it is from the rtb website.

Rosedust84 · 18-09-2019 2:36pm

Re: the washing machine and fridge, there were none when I moved in, I picked some up second hand but they are in the last of their life, I suppose I didn't argue it moving in so will have to replace them myself. Our next door neighbor moved in a month ago, and had to buy all her own appliances because he 'strictly' doesn't provide these things. The houses are filthy and in awful state of disrepair, gutters broken, holes in the walls, potholes in the drive, myself and a few neighbours got together and asked him about fixing them up, he said we will have to pay the workmen ourselves if we want them cleaned up. Again, I moved in when they were like this so I can't complain much now, my mother in law had paid deposit before I viewed the house so I felt I couldn't go back on it, in my defense

I am not sure how much I can do if he won't repair the heating , my mother in law says not to push it, he knows the family and it's a small town so people talk/I won't get another house easily. It's a sh!t mentality and I am looking for another place,, though not much is coming up for rent and if say I won't get my deposit back either, I treated the place like my own and did previous repairs, we put down new floors etc. But at the end of my tether

Browney7 · 18-09-2019 3:10pm

Good to see the Irish taxpayer subsidising slumlords like this guy via HAP.

Best of luck OP

Rosedust84 · 20-09-2019 11:53am

I have spoken to landlord again and he is standing firm with this. I spoke to a plumber who said I can't light the open fire while the pump is not working, so I have no heating supply. Not too bad with this late summer we are having but nights/morning are getting cold.

If I am reading the link right, I have to send landlord a letter and give him a chance to rectify, and then contact local authority to do an inspection?

Is the yearly service of the boiler my responsibility?

ted1 · 20-09-2019 11:57am

Browney7 wrote: »

Good to see the Irish taxpayer subsidising slumlords like this guy via HAP.

Best of luck OP

That escalated quickly.
The landlord said he’ll address the boiler.

The white goods belong to the tenant and are his responsiblity

Rosedust84 · 20-09-2019 12:04pm

ted1 wrote: »

That escalated quickly.
The landlord said he’ll address the boiler.

The white goods belong to the tenant and are his responsiblity

He won't address it, that's the point of my thread ..?

Caranica · 20-09-2019 12:30pm

Rosedust84 wrote: »

He won't address it, that's the point of my thread ..?

That is illegal. So much of what you've told us is illegal. To sort it will rock the boat but it needs to be done. Talk to threshold for advice on the next steps

L1011 · 20-09-2019 1:19pm

ted1 wrote: »

That escalated quickly.
The landlord said he’ll address the boiler.

The white goods belong to the tenant and are his responsiblity

The landlord has to provide a fridge and access to a washing machine. Tenant should be requesting these

RTB complaint is what's needed now.

Markcheese · 20-09-2019 1:34pm

I think you're gonna have to rock the boat, if he's well known locally, he'll be well known for being tight...( But in small towns there won't be many places available for rent anyway),
While you can't complain about your personal appliances breaking down, as far as I know the house has to have working fridge, access to laundry and heating (of some kind),
So if you go to rtb he could argue that he'd offered a few crappy electric heaters or something...
I'd be a bit worried about the fireplace and back boiler (apart from them being inefficient and a waste of money), if they're badly installed they're dangerous, and one that need the boiler running to work sounds weird (but that could be miscommunication, from the plumber or something),

Browney7 · 20-09-2019 2:10pm

ted1 wrote: »

That escalated quickly.
The landlord said he’ll address the boiler.

The white goods belong to the tenant and are his responsiblity

He's totally abdicating his responsibility here. It's guys like him who fuel the stories that the media lap up that drive the tenant legislation that LLs scream blue murder over. Pretty simple

dennyk · 20-09-2019 5:33pm

ted1 wrote: »

The white goods belong to the tenant and are his responsiblity

The landlord doesn't have to repair the tenant's personal white goods, true, but he does have to provide a working fridge, oven, hob, microwave, and washing machine, which he has not done. The landlord is absolutely responsible for seeing to it that those are provided.

Markcheese · 20-09-2019 5:36pm

dennyk wrote: »

The landlord doesn't have to repair the tenant's personal white goods, true, but he does have to provide a working fridge, oven, hob, microwave, and washing machine, which he has not done. The landlord is absolutely responsible for seeing to it that those are provided.

Microwave ? I doubt it... Cooker yes...

L1011 · 20-09-2019 5:40pm

Markcheese wrote: »

Microwave ? I doubt it... Cooker yes...

You doubt, but you're wrong

https://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

Also note the 4 ring hob, a lot of smaller kitchens had 2

Rosedust84 · 20-09-2019 8:11pm

No he didn't provide any of these things, even the windows were bare, I bought blinds when I moved in and velux , a few people said to watch him because he would sell his grandmother for a fiver ðŸ˜† I could have walked away so I accepted these things moving in but this is the first time problems have come up. I have a feeling if I bring a dispute that he will think up a legal reasons to evict us, but not much I can do

L1011 · 20-09-2019 9:26pm

The legal reasons to evict are few and far between. Forceful reminder of his responsibilities has to be given at this stage.

Rosedust84 · 20-09-2019 9:33pm

Markcheese wrote: »

So if you go to rtb he could argue that he'd offered a few crappy electric heaters or something...
I'd be a bit worried about the fireplace and back boiler (apart from them being inefficient and a waste of money), if they're badly installed they're dangerous, and one that need the boiler running to work sounds weird (but that could be miscommunication, from the plumber or something),

Sorry its probably a bad way I explained, the pump with the fire plugs in, I don't know if they are connected or just gone at the same time, anyway landlord told me if it's not plugged in the tank will burst or something? I had the fire pit a few days ago and it wasn't kicking in, so the landlord told me let the fire go down for safety..I'm really trying to describe something I am clueless about lol!

My question now is, I can't do without heating in from a few weeks time, if I get a plumber and pay him will that reflect badly on me, like I have accepted that it is my problem to sort?

Caranica · 20-09-2019 9:36pm

You've already paid out a lot of money on stuff your landlord is legally obliged to provide. You're allowing them to ride roughshod over your legal rights. Stand up for yourself, it'll save you a fortune

20-09-2019 11:24pm

L1011 wrote: »

The legal reasons to evict are few and far between. Forceful reminder of his responsibilities has to be given at this stage.

If it gets a hap inspection and fails he may well end up having to move out though regardless of the legal reasons to evict.

I’m not saying the situation is in anyway right but you have to way up the potential consequences.

L1011 · 21-09-2019 8:01am

Hugh Itchy Thankfulness wrote: »

If it gets a hap inspection and fails he may well end up having to move out though regardless of the legal reasons to evict.

I’m not saying the situation is in anyway right but you have to way up the potential consequences.

The RTB won't be the reason a HAP inspection happens

Graces7 · 21-09-2019 8:21am

Rosedust84 wrote: »

Sorry its probably a bad way I explained, the pump with the fire plugs in, I don't know if they are connected or just gone at the same time, anyway landlord told me if it's not plugged in the tank will burst or something? I had the fire pit a few days ago and it wasn't kicking in, so the landlord told me let the fire go down for safety..I'm really trying to describe something I am clueless about lol!

My question now is, I can't do without heating in from a few weeks time, if I get a plumber and pay him will that reflect badly on me, like I have accepted that it is my problem to sort?

please. call Threshold. They will advise and guide you accurately and if you need will also act as your advocate with the landlord ie speak with him on all this on your behalf . They did this for me a while back when I was in a very hard place in a tenancy and being bullied and as they are "official" they were able to get progress. Saved me a very hard confrontation.

21-09-2019 11:03am

Graces7 wrote: »

please. call Threshold. They will advise and guide you accurately and if you need will also act as your advocate with the landlord ie speak with him on all this on your behalf . They did this for me a while back when I was in a very hard place in a tenancy and being bullied and as they are "official" they were able to get progress. Saved me a very hard confrontation.

Threshold and “accurately” are two words that have no place in the same paragraph.

Graces7 · 21-09-2019 11:47am

Hugh Itchy Thankfulness wrote: »

Threshold and “accurately” are two words that have no place in the same paragraph.

You are totally wrong. I have had accurate and reliable dealings with them several times in my years of private renting here in Ireland and never a problem. Always accurate always helpful and constructive. Always supportive; saved a lease from a bad landlord for me

What exact dealings have YOU had please? As a tenant? Not as a landlord .

21-09-2019 12:16pm

Graces7 wrote: »

You are totally wrong. I have had accurate and reliable dealings with them several times in my years of private renting here in Ireland and never a problem. Always accurate always helpful and constructive. Always supportive; saved a lease from a bad landlord for me

What exact dealings have YOU had please? As a tenant? Not as a landlord .

None but you only have to see the reports in the media and in here of their anti-LL stance and very often illegal and incorrect advice.

Graces7 · 21-09-2019 1:58pm

Hugh Itchy Thankfulness wrote: »

None but you only have to see the reports in the media and in here of their anti-LL stance and very often illegal and incorrect advice.

I have never seen any such reports; only vague accusations with no substance ; please show us the exact words?
I am sure that if Threshold had acted illegally and incorrectly they would have been taken to court? Erroneous allegations are meaningless and invalid

As I have said, I have never had any such issues with them. The OP is a tenant with a very great need for support in a situation with a very bad landlord and Threshold are the people to help and guide her in this, Winter is coming and unless her landlord is sorted ?

This is what matters here. The OP.

Threshold will support and guide her within tenancy law and speak for her if she needs that as I did. Great folk.

Over and out from me on this.

And again; in all these years I have had only accurate and legal support and advice from Threshold - as a tenant in need. The Op can check that on the RTB site also.

ted1 · 21-09-2019 10:42pm

Browney7 wrote: »

He's totally abdicating his responsibility here. It's guys like him who fuel the stories that the media lap up that drive the tenant legislation that LLs scream blue murder over. Pretty simple

I read “
I spoke to my landlord first about the smoke and he said I will have to pay a plumber to service it , but the other problems have come up and he says it is my responsibility to get it all fixed“

I read it as the landlord said “ I will have to pay a plumber to service it , “
In that the landlord said he’ll pay for it but the other stuff is on the OP.

ashes2014 · 22-09-2019 6:24pm

Rosedust84 wrote: »

I got my oil for the winter delivered last week, and the delivery man said there's a hole in the tank. I can't switch on my heating without going out to the boiler and bleeding it. On top of that it is chucking out black smoke. Not sure if there's a problem elsewhere but hot taps aren't working, just dropping cold water. I spoke to my landlord first about the smoke and he said I will have to pay a plumber to service it , but the other problems have come up and he says it is my responsibility to get it all fixed. Is this correct? I am here over a year but have never used the oil heating.

My landlord lives next door so I'm afraid to start bad relations..plus I'm worried if I question it he will evict me. Fridge and washing machine are broken also but the house was rented as unfurnished so I'm thinking these are my responsibility?

I ma a HaP tenant so I am contracted with them to stay here for at least a year, although I am part 4 I believe? Years contract expires a few months ago.

Ah Op, that sounds terrible. Your landlord sounds like a right chancer. As you know he is obliged to provide you with white goods and heating. You cant keep paying for stuff yourself-the heating issue sounds like it could be expensive. You have talked to him a couple of times, I would try writing to him next and see if you get a response, if not consider informing your local authority.

MacDanger · 23-09-2019 10:36am

This LL sounds like a complete c*nt and a bully.

It's 100% his responsibility to get the boiler & heating fixed.

As previously, he's obliged to provide white goods when renting a property. He doesn't need to fix your appliances but you can get rid of them and he should provide replacements.

If I were you, I'd put it in writing to him that it's his responsibility as a landlord as per the 2004 Residential Tenancies Act, to maintain the property in good condition particularly in relation to 1) there must be hot and cold water available; 2) A 4-ring hob, oven, grill, fridge, freezer (or combined fridgefreezer),and microwave oven must be provided; 3) appliances must be in good working order; 4) Provision of laundry facilities like a washing machine and access to a dryer (if there is no access to a yard). Currently the property does not fulfil *whichever of these is missing*.

If he cannot complete this work in X days, you will be obliged to pay to have this work done yourself (i.e. fix the boiler, etc.) but as per the 2004 Residential Tenancies Act, it is his responsibility to reimburse you for these expenses. If he fails to do so. you will be opening a dispute with the RTB against his for breach of landlord obligations and recovery of your expenses.

In parallel with sending/giving that letter to him, you should also contact Threshold and the local authority to get some advice.

Good luck with it

MacDanger · 23-09-2019 10:39am

Rosedust84 wrote: »

My question now is, I can't do without heating in from a few weeks time, if I get a plumber and pay him will that reflect badly on me, like I have accepted that it is my problem to sort?

You should have it in writing first that you you have requested that he fix the issue before you pay for it yourself (otherwise he could claim that you didn't ask him to fix it). Once you've asked him in writing and he fails to resolve it in a timely manner, you can pay for it yourself and then raise an RTB dispute to reclaim your money

Rosedust84 · 23-09-2019 10:56am

Thank you all so much for all of the help, I will be calling Threshold today, I am not sure if I will contact the council yet, I am a bit nervous this might affect my tenancy?

What is an acceptable way to send this in writing to him, is a registered post usually the way to go?

Markcheese · 23-09-2019 11:15am

Rosedust84 wrote: »

Thank you all so much for all of the help, I will be calling Threshold today, I am not sure if I will contact the council yet, I am a bit nervous this might affect my tenancy?

What is an acceptable way to send this in writing to him, is a registered post usually the way to go?

From what people are saying contacting the council may not be the best for you, (because of the hap scheme Ect),
But going to the rtb seems a very good idea,
And you hold all the cards to be fair.. As in the legislation is on your side, and you're paying him,
Good luck with it...

Rosedust84 · 25-09-2019 6:14pm

So my mil sent her friends son, who is a plumber, to look at it this morning. I headed out and he worked at it, came home to a bill of €200 on the table. Lots of parts needed replacing, the clock was broken (it was when we moved in). Went to my landlord again and he told me where to go, I can ring PTTB all I want, if he had to pay these things for all his houses he would go out of business. I am raging because my grocery money has to go on this. Anyway, he told me if I don't like it to leave.

I am keeping an eye out for a place but I know I won't get my deposit returned, plus hap pay in arrears and he wanted in advance so I will be out x2. I will have to save money to move.

I would have rathered not deal with the plumber until I sent my landlord a letter, but he arrived and I said if I turn him away my mil would have issues for wasting his time..I bring problems on myself :eyeroll:

Rosedust84 · 25-09-2019 6:20pm

There is a hole in the top of the tank, apparently the plumber told my landlord rainwater getting in caused the problem. So landlord says it's my fault for not noticing the hole, I asked about repairing it and that's also my bill, he thinks someone must have cut a hole in it to steal oil

K.Flyer · 25-09-2019 6:38pm

What a scummy low life landlord.
The boiler is fully his responsibility unless otherwise agreed, as are the appliances.
How have you been communicating with the landlord by text, email or just phone calls?
From now on try to communicate only by email or by text because you may need it as proof of what he has said to you that he will not fix anything.
You must speak with threshold. They will advise you and most likely will help you through the process of legally dealing with the landlord and represent you if it needs to go to RTB.
They know Your rights.
Oh.. and one more thing..
Stop listening to your mother in law. Stand up for your rights and rock that boat!

K.Flyer · 25-09-2019 6:42pm

Rosedust84 wrote: »

There is a hole in the top of the tank, apparently the plumber told my landlord rainwater getting in caused the problem. So landlord says it's my fault for not noticing the hole, I asked about repairing it and that's also my bill, he thinks someone must have cut a hole in it to steal oil

He said it was your fault for not noticing the hole? What a scummy low life landlord.

The boiler, including the tank and all other parts of the heating system are fully his responsibility, as are all the appliances.
How have you been communicating with the landlord by text, email or just phone calls?
From now on try to communicate only by email or by text because you may need it as proof of what he has said to you that he will not fix anything.
You must speak with threshold. They will advise you and most likely will help you through the process of legally dealing with the landlord and represent you if it needs to go to RTB.
They know Your rights.
Oh.. and one more thing..
Stop listening to your mother in law. Stand up for your rights and rock that boat!

Rosedust84 · 25-09-2019 6:43pm

He doesn't do email unfortunately, threshold advised me to send him a registered letter. He is going mad though It will add fuel to the fire. Despite having my M.I.L I live alone with my children, I'm very nervous about confrontion on my door, though it's that or be a doormat I suppose

K.Flyer · 25-09-2019 7:09pm

Rosedust84 wrote: »

He doesn't do email unfortunately, threshold advised me to send him a registered letter. He is going mad though It will add fuel to the fire. Despite having my M.I.L I live alone with my children, I'm very nervous about confrontion on my door, though it's that or be a doormat I suppose

He can go mad all he wants, he sounds like a horrible nasty person, but the law is on your side.
If he does come knocking on your door make sure to switch your phone onto voice recorder or video recording before you answer the door.
You don't have to hold it in a way that makes him aware of you recording, but do it in order to have proof if he starts to get nasty at the door.
Best of luck.

MacDanger · 25-09-2019 9:23pm

Raise a case immediately with the RTB. He was supposed to pay for this and instead you paid.

I don't mean to be harsh but you can't complain about this, do nothing and expect it to change.

Good luck with it

Rosedust84 · 25-09-2019 10:01pm

No that is fair, there's no point complaining and not trying to get a change, I have opened a prtb dispute online and paid the fee etc, I suppose i will just wait and see what happens

MacDanger · 25-09-2019 10:02pm

Rosedust84 wrote: »

No that is fair, there's no point complaining and not trying to get a change, I have opened a prtb dispute online and paid the fee etc, I suppose i will just wait and see what happens

Great to hear, good luck with it. This guy is a complete bully and it's about time someone stood up to him

Rosedust84 · 25-09-2019 10:07pm

Thank you fingers crossed some good comes out of it! The neighbours have complained about him too but just say nothing, well I was the same until this point, but things like this always come to a head

L1011 · 25-09-2019 10:16pm

Rosedust84 wrote: »

Went to my landlord again and he told me where to go, I can ring PTTB all I want, if he had to pay these things for all his houses he would go out of business.

It would probably be better for everyone in the long term if he *did* go "out of business" and sold up. Not the short term for you though.

RTB complaint immediately.

sk8board · 25-09-2019 10:24pm

Hi, I'm a HAP landlord - was there no house inspection after you moved in?

I concur with everyone else - it is absolutely the landlords responsibility to pay for all those repairs - it’s all pretty standard stuff, which goes wrong all the time really. I’ve had plenty tenants who get the repairs done themselves, but I would absolutely expect to get the receipt to reimburse them.

I’m more surprised this landlord qualified for HAP in the first place - you need to have a really clean nose in terms of tax, RTB registration, banking and house condition. He sounds like a genuinely distasteful person.
The HAP inspection is actually overly thorough I would argue, so your place sounds like it wasn’t inspected at all?

Rosedust84 · 26-09-2019 12:10am

sk8board wrote: »

Hi, I'm a HAP landlord - was there no house inspection after you moved in?

I concur with everyone else - it is absolutely the landlords responsibility to pay for all those repairs - it’s all pretty standard stuff, which goes wrong all the time really. I’ve had plenty tenants who get the repairs done themselves, but I would absolutely expect to get the receipt to reimburse them.

I’m more surprised this landlord qualified for HAP in the first place - you need to have a really clean nose in terms of tax, RTB registration, banking and house condition. He sounds like a genuinely distasteful person.
The HAP inspection is actually overly thorough I would argue, so your place sounds like it wasn’t inspected at all?

I was paying rent for the last couple of years but only went on Hap in June, I had an inspector out and he checked for smoke alarms, fire blanket, that kind of thing, the appliances didn't come up as to who owned them, he just ticked a box to say they were there.

My LL is registered with the prtb, well he asked for my PPSN, he would only ever accept cash though before the HAp was granted, but I'm sure it has to be all through the books now. Maybe I just had a laxadaisy inspector lol, I mean the gutter is falling off the side of the house. The neighbours have said to him about the general appearance of the estate and were told they could do it themselves if they were that unhappy. Houses are hard to come by around here it seems, there is only one house on Daft in this area and it's very overpriced, he allows pets also so I suppose these things work in his favour

Markcheese · 26-09-2019 8:13am

How long have you been in the house?
Basically if he loses at The ptrb (which from what you've said, he definitely will), you get your money (for the boiler repair and service) back, (mightnt be all in one go though),
And if you've a long term lease there's not much he can do, now obviously you don't want the agro....if you're going down the ptrb line, include the lack of appliances, I assume he's not responsible for fixing your appliances... But he is responsible for supplying them in the first place (although he'll probably claim that you agreed / offered to use your own appliances when you first moved in,) talk to threshold to get best advice onhow to word your claim,

Rosedust84 · 26-09-2019 8:30am

I'm here a year and a half, I had a 1 year lease but that expired in March.
If he fails to show up or refuses to pay what happens then?

MacDanger · 26-09-2019 4:55pm

Rosedust84 wrote: »

I'm here a year and a half, I had a 1 year lease but that expired in March.
If he fails to show up or refuses to pay what happens then?

If he doesn't show up at the RTB and submits nothing, I presume they rule in your favour. He can appeal the ruling but if he doesn't, then it's a legally binding and can be enforced. There's some more details here:

https://onestopshop.rtb.ie/dispute-resolution/request-to-the-rtb-to-issue-enforcement-on-a-partys-behalf/how-does-the-rtb-decide-on-a-request-to-enforce-determination-orders/

If you contact Threshold, they'd be able to tell you for certain what the lie of the land is if he just ignores it

Rosedust84 · 26-09-2019 8:18pm

Thank you, I am hoping that things don't take a long time

The new one is, landlord is fuming about the hole and wants me to buy a new oil tank, I wonder what he would say if I moved out and brought the tank,not really possible but..
Also, because the clock has been changed I no long have access to immersion, the only way for hot water is heating on or open fire, the list just keeps growing

BrokenArrows · 26-09-2019 8:38pm

Rosedust84 wrote: »

Thank you, I am hoping that things don't take a long time
The new one is, landlord is fuming about the hole and wants me to buy a new oil tank, I wonder what he would say if I moved out and brought the tank,not really possible but..
Also, because the clock has been changed I no long have access to immersion, the only way for hot water is heating on or open fire, the list just keeps growing

Your landlord sounds like he lives in a fantasy land with regards to his responsibilities.

Boiler repairs

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