A few questions.

Arawn · 12-02-2012 12:23pm #1

Moved into letterkenny there a few weeks ago into a place that was advertised as fully furnished (had to take it as had nowhere to live as of the next day) my question is what do they need to provide when they say fully furnished??

Also I rang up to tell them about broken appliences/problems since we moved in but have just been ignored. Our drying machine is like a bloody steam room, it makes so much mist that pools of water actually do be on the floor, the trip switch keeps going off if we try and use the kettle or if the main shower is used.

Before we moved in I asked was there heating oil, assured by letting agent that there would be, moved in, not a drop to be had, once we got the oil in the burner wasn't working so i had to fiddle about for a while to get it to bloody work.

They only bloody supplied one key for 3 blokes to use. THe rubbish from the last crowd is still in our wheelie bin( was pitch dark and didn't get to see the outside as there was no back light)

I've rang 3 or 4 times now to get stuff sorted, but they haven't even answered the phone after the first time, would I be right in with holding paying rent until the actually do their job and actually sort out what needs to be sorted out?

djimi · 12-02-2012 12:39pm

Technically they dont have to provide anything. I would take fully furnished to mean dining room table and chairs, couch and armchairs and beds. You really should have agreed with the landlord/letting agent upon viewing what they intended to provide for you.

Do you have an inventory in your lease of the items in the house upon your arrival? For you own sake this should have been done and signed by both parties, to protect you when you move out and stop the landlord trying to claim for things that were never there in the first place.

With regards the other issues, you need to write down every issue and send it in writing to the landlord, requesting a reply in writing with their proposed solutions and repair time. Keep a copy of this letter for your own records. If you have not recieved an adequate responce within a reasonable time (say a week) then you can look to take it further. However you must inform the landlord properly and allow them reasonable time to put the issues right. I think most would consider a week to be a reasonable time, but it depends on what is required from them to repair the problems (ordering parts or organizing plumbers etc might take longer and you have to allow for this).

Do not start withholding payments; this just gives the landlord the upper hand and gives them a reason to start eviction proceedings against you. Do everything by the book first and if you are still getting no joy then consider your next move (inform the landlord that they are not fulfilling their obligations as a landlord and that you will be moving out in 28 days and are entitled to a full refund of your deposit).

odds_on · 12-02-2012 1:11pm

djimi wrote: »

Technically they dont have to provide anything. I would take fully furnished to mean dining room table and chairs, couch and armchairs and beds. You really should have agreed with the landlord/letting agent upon viewing what they intended to provide for you.

Do you have an inventory in your lease of the items in the house upon your arrival? For you own sake this should have been done and signed by both parties, to protect you when you move out and stop the landlord trying to claim for things that were never there in the first place.

With regards the other issues, you need to write down every issue and send it in writing to the landlord, requesting a reply in writing with their proposed solutions and repair time. Keep a copy of this letter for your own records. If you have not recieved an adequate responce within a reasonable time (say a week) then you can look to take it further. However you must inform the landlord properly and allow them reasonable time to put the issues right. I think most would consider a week to be a reasonable time, but it depends on what is required from them to repair the problems (ordering parts or organizing plumbers etc might take longer and you have to allow for this).

Do not start withholding payments; this just gives the landlord the upper hand and gives them a reason to start eviction proceedings against you. Do everything by the book first and if you are still getting no joy then consider your next move (inform the landlord that they are not fulfilling their obligations as a landlord and that you will be moving out in 28 days and are entitled to a full refund of your deposit).

I would say rather than letting the landlord set the time period, that the tenant states the problems and gives the landlord a reasonable time to remedy the problems. A reasonable time is usually considered as between 7 and 14 days, however, depending on the complexity of the repair/replacement and the seriousness of the problem, this time period may more or less. This is why the law states "a reasonable time" and does not state a definite time period.

If the case went to the PRTB for a decision, they would take into consideration all the facts of the time required to effect repairs and the seriousness of the loss of the facility as well as the landlord's endeavours to remedy the problem. A case for "damages" could be brought to the PRTB by the tenant for loss of the use of the facility, inconvenience, stress and upset etc., especially if the landlord delays in fulfilling his obligations.

A few questions.

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