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RTB Hearing

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  • 13-12-2018 4:52pm
    #1
    ninjarambohd
    Registered Users Posts: 172 ✭✭


    Hi I have a question, I have filed a dispute against my landlord 2 weeks ago. The RTB has sent out a letter and set a date for the hearing. Anyhow today my landlord has sent me a letter saying he wants to inspect the house. I asked the rtb and someone said that until the rtb makes a decision about the claim etc... the landlord can inspect the house after the decision.

    I was wondering is this possible? Can I tell my landlord that he can view the house after the rtb hearing?


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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    ninjarambohd wrote: »
    Hi I have a question, I have filed a dispute against my landlord 2 weeks ago. The RTB has sent out a letter and set a date for the hearing. Anyhow today my landlord has sent me a letter saying he wants to inspect the house. I asked the rtb and someone said that until the rtb makes a decision about the claim etc... the landlord can inspect the house after the decision.

    I was wondering is this possible? Can I tell my landlord that he can view the house after the rtb hearing?

    What objection have you got to an inspection? Has he inspected in the last 3 months?


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    #3
    dennyk
    Registered Users Posts: 1,643 ✭✭✭dennyk


    Is the claim directly related to your landlord entering the property? Having a pending claim doesn't alter your rights or obligations as a tenant; landlords are permitted to access the property for routine inspections on a reasonable frequency (the RTB recommends every few months, though there's no statutory definition). They must get the tenant's permission and arrange a time to access that is convenient for both parties, but if the tenant refuses to allow them access at all, then the tenant may be breaching their obligations and could be subject to termination. If the RTB hearing is in a week or two, then it would likely be reasonable to advise the landlord that you'll be available to allow an inspection shortly after that date, but if it's not for two or three months or something, then that would probably not be considered a reasonable delay.

    Why is it you don't want an inspection performed before the hearing? Are you concerned that your landlord is planning to use the inspection as a pretext to gain access to the property to carry out an illegal eviction or something? Or you afraid he might discover something that he can use in his favour during the upcoming hearing, or that he might find you are otherwise in breach of your lease?

    Edit: Looking at your history, if your dispute is regarding your landlord not making necessary repairs to the property, denying access for an inspection at this point probably wouldn't play in your favour at the hearing...


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    #4
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    Hi everyone. OK so here's the deal. I had filed a complaint against my landlord at the RTB. Anyhow now he has sent me an email saying that the issues that I wanted to solve he is happy to solve now. But for example for 16 or 17 years I have been keep saying the house needs a cooking hood but I never had one installed but now he is agreeing to install it nearly 17 years later! Then I asked for my washing machine to be replaced but he never paid attention so I bought a new washing machine 2 times with my own money but now he is agreeing to cover it's costs.

    He has asked to see if I would agree to cancelling the RTB hearing. I was wondering if I still go to the RTB even though he has agreed to solve the issues now what will happen? What about the 17 years that I kept saying I need a hood or the 2 months that I kept saying I need a washing machine?


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    #5
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    You'd be mad to cancel.

    Just let him fix the issues and then at the hearing say all has been fixed.


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    #6
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    amcalester wrote: »
    You'd be mad to cancel.

    Just let him fix the issues and then at the hearing say all has been fixed.

    Why would I be mad to cancel though?


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    #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    If you cancel the hearing before anything is fixed and/or replaced you can guarantee he won't follow through and you'll be back to square one. Get him to agree to carry out the works (in writing) and go to the adjudication hearing. Once there, you can 'postpone' the process pending successful completion of the works. Once it's done, you can then withdraw the complaint.

    If it's not, you're back in at a future date with all the relevant info still at hand. Either way, the RTB have a record of everything should you ever end up there again for any other reason.


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    #8
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    ninjarambohd wrote: »
    Why would I be mad to cancel though?

    Because the hearing is your leverage, without it the landlord has no reason to follow through on his promises.


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    #9
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    amcalester wrote: »
    Because the hearing is your leverage, without it the landlord has no reason to follow through on his promises.

    Ah OK thanks. He has emailed me about the issues that he will solve but I will still go to the hearing in this case then.


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    #10
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    Threads Merged


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    #11
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    Hi everyone. OK some of you if not most of you may be aware of my previous thread linked here

    Now as you can all see I have not had heating at home since 17th Of December and most of you were very kind enough to offer me some electric heating. I have had the electric heating part sorted out however I am 100% certain that my electricity bill is going to go through the damn roof for this period.

    Now here's the thing. The landlord said that he will have one installed during the New year if not maybe the next day. I kept calling him and emailing him regarding this matter but he still says that the boiler has not arrived from Poland yet and he doesn't know when it will arrive. I told him I was in contact with so many different plumbers and they all said that the landlords they deal with just order one from Ireland itself why the heck would he order one from Poland? In return he just said it's my house and thats the way I want it to be.

    Now before anyone here starts biting my head off saying you're a bad tenant etc... please put yourself in my position for now. I have a brother who has recently had surgery and my mom is sick too so heating is a must. I know I have electric heaters but not only is it going to make the bill go through the roof it's not sufficient enough.

    Anyone have any advice on what I can do? Can I file a complaint against my landlord through the RTB? I mean why the heck would you order a boiler from Poland when it's clearly available in Ireland?


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    #12
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    ninjarambohd wrote: »
    Hi everyone. OK some of you if not most of you may be aware of my previous thread linked here

    Now as you can all see I have not had heating at home since 17th Of December and most of you were very kind enough to offer me some electric heating. I have had the electric heating part sorted out however I am 100% certain that my electricity bill is going to go through the damn roof for this period.

    Now here's the thing. The landlord said that he will have one installed during the New year if not maybe the next day. I kept calling him and emailing him regarding this matter but he still says that the boiler has not arrived from Poland yet and he doesn't know when it will arrive. I told him I was in contact with so many different plumbers and they all said that the landlords they deal with just order one from Ireland itself why the heck would he order one from Poland? In return he just said it's my house and thats the way I want it to be.

    Now before anyone here starts biting my head off saying you're a bad tenant etc... please put yourself in my position for now. I have a brother who has recently had surgery and my mom is sick too so heating is a must. I know I have electric heaters but not only is it going to make the bill go through the roof it's not sufficient enough.

    Anyone have any advice on what I can do? Can I file a complaint against my landlord through the RTB? I mean why the heck would you order a boiler from Poland when it's clearly available in Ireland?

    Put it in writing to him, give him 7 days to resolve. Then RTB if it's not sorted


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    #13
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Before you go to the RTB again, I would check to see if the electric heating you have recently been provided meets the minimum standards for rented accommodation. If it does, I can't see what the RTB would do to force reinstatement of the original heating.

    https://onestopshop.rtb.ie/images/uploads/general/Housing_regulations_2017.pdf


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    #14
    ELM327
    Registered Users Posts: 21,361 ✭✭✭✭ELM327


    Graham wrote: »
    Before you go to the RTB again, I would check to see if the electric heating you have recently been provided meets the minimum standards for rented accommodation. If it does, I can't see what the RTB would do to force reinstatement of the original heating.

    https://onestopshop.rtb.ie/images/uploads/general/Housing_regulations_2017.pdf


    +1
    Here's the part from the link you provided:



    6. (1) Every room used, or intended for use, by the tenant of the house as a
    habitable room, and any bathroom, or shower-room shall contain a permanently
    fixed    :
    (a) heat emitter,
    (b) heat distribution system, or
    (c) heat producing appliance,
    capable of providing effective heating.




    I can't see how portable electric heaters that are not heating the entirety of the rooms sufficiently meet either of the requirements


    (Obviously I am not a solicitor and cannot give legal advice, just my own opinions)


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    #15
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    Graham wrote: »
    Before you go to the RTB again, I would check to see if the electric heating you have recently been provided meets the minimum standards for rented accommodation. If it does, I can't see what the RTB would do to force reinstatement of the original heating.

    https://onestopshop.rtb.ie/images/uploads/general/Housing_regulations_2017.pdf

    Afaik they have no hot running water either due to the boiler going and no immersion.


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    #16
    ELM327
    Registered Users Posts: 21,361 ✭✭✭✭ELM327


    runawaybishop wrote: »
    Afaik they have no hot running water either due to the boiler going and no immersion.
    Interestingly the act quoted above refers to "facility for hot water", and differentiates this from "constant supply of piped cold water".


    It could be argued that the facility exists and the landlord is in the process of repairing it as per their obligations.


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    #17
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    ELM327 wrote: »
    Interestingly the act quoted above refers to "facility for hot water", and differentiates this from "constant supply of piped cold water".


    It could be argued that the facility exists and the landlord is in the process of repairing it as per their obligations.

    It's been a month, the RTB will take a dim view of that


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    #18
    ELM327
    Registered Users Posts: 21,361 ✭✭✭✭ELM327


    runawaybishop wrote: »
    It's been a month, the RTB will take a dim view of that
    Ordinarily yes, but the mitigating factors of the parts being ordered over the holidays would also be taken into consideration.


    Will be interesting to see if it does get to hearing by RTB what the determination is.


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    #19
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    Quick question, I had my rtb hearing a few days ago. My landlord wants me to vacate the house since he's selling it however the rtb case is still not closed and we are to return again at a later date.

    I found a new house I wanna move into from next week but we are to vacate in May so wondering what will happen if I move out now? Can the landlord still sell the house or can he not do anything until the matter is resolved at the rtb?


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    #20
    Fol20
    Registered Users Posts: 3,623 ✭✭✭Fol20


    ninjarambohd wrote: »
    Quick question, I had my rtb hearing a few days ago. My landlord wants me to vacate the house since he's selling it however the rtb case is still not closed and we are to return again at a later date.

    I found a new house I wanna move into from next week but we are to vacate in May so wondering what will happen if I move out now? Can the landlord still sell the house or can he not do anything until the matter is resolved at the rtb?

    So basically you are moving on with your life and found a new spot yet you think your ll shoudl just leave the house empty and not sell it? Just think what your asking for a second and how fair it sounds.


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    #21
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    I can't see why the landlord would be prevented from selling if the tenancy is ended.


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    #22
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    Well the thing is I spoke to threshold on 2 different occasions and they said once you file a dispute against the landlord everything goes on a big pause regarding that dwelling for instance even if they gave you a notice of termination you don't have to move out on the day until the matter is resolved with the rtb


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    #23
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    But you've said you are moving out and ending the tenancy?


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    #24
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    Graham wrote: »
    But you've said you are moving out and ending the tenancy?

    Yes I know that but threshold told me since the dwelling is under dispute with the rtb the rtb won't let the ll to accept new tenants or anything until the issues on resolved.


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    #25
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    So why are you asking here if you have an answer you're happy with?

    I am not a lawyer so don't take my word for it but in my non-professional opinion, I can't think why the landlord can't sell the property if you move out and the tenancy has ended.

    Go back to Threshold and ask their opinion and/or seek independent legal advice.


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    #26
    q85dw7osi4lebg
    Closed Accounts Posts: 3,502 ✭✭✭q85dw7osi4lebg


    If you move out neither threshold or the rtb can prevent a sale from happening.


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    #27
    ninjarambohd
    Registered Users Posts: 172 ✭✭ninjarambohd


    Graham wrote: »
    So why are you asking here if you have an answer you're happy with?

    I am not a lawyer so don't take my word for it but in my non-professional opinion, I can't think why the landlord can't sell the property if you move out and the tenancy has ended.

    Go back to Threshold and ask their opinion and/or seek independent legal advice.

    Just wanted to double check here since this site is very helpful. Yeh I think I'd give them a Call tomorrow. Thanks anyways have a good night.


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    #28
    1874
    Registered Users Posts: 2,382 ✭✭✭1874


    wow, so glad I got out of renting, a cooker hood is not an item a landlord is obligated to supply, but it would make good sense for them to do so, otherwise for washing machines, seems a bit silly to complain about it now after years and having bought a washing machine yourself, that said, your later posts says everything. Before I got to the of the thread I'd wondered why you wouldn't have moved before now got your own sake, but why enquire if the landlord can sell if you have decided to move? how would it affect you and why would you care? I'd suggest contacting the rtb or citizens advice, I'd take with a pinch of salt what threshold say, you're moving on with your life, unless you're looking for hassle? why bother having any dealings with the landlord, would you want to see them around your new home?


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    #29
    KneonK
    Registered Users Posts: 33 ✭KneonK


    I don't think anything bar a prohibition order from an Environmental Health Officer can stop him from re letting. It might have been a good idea to contact your local council anyway when normal means of asking him to fix the place up failed.

    Regarding a cooker hood I think regulation 7 (2)B states that a hood should be provided or failing that an extractor fan of some sort in close proximity.

    Portable heaters don't seem to meet the requirements of regulation 6 either! I suppose at this stage it's unimportant.


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    #30
    the_syco
    Registered Users Posts: 37,295 ✭✭✭✭the_syco


    ninjarambohd wrote: »
    I found a new house I wanna move into from next week but we are to vacate in May so wondering what will happen if I move out now? Can the landlord still sell the house or can he not do anything until the matter is resolved at the rtb?
    You can move out, but at such short notice, don't expect your deposit back.

    TBH, looking at your past issues, cut ties and run. Move into the new house, and put your current house behind you.

    Or stay until May, possibly get money, and find it difficult getting another house in the current market.


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