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Landlord won't make any repairs

  • 23-07-2020 3:03pm
    #1
    Registered Users Posts: 1


    Greetings,

    We moved into a property (garden house, 2 bedroom) that's behind a apartment building in 1 year ago. When we first went to see property it was damaged real bad, but we had time and so we decided that we will do our best to renovate it. We spent our money and our time to make it nice, but we needed couple of things to be done that should be Landlords responsibility - for example - bed was broken and not usable in the one bedroom, the other one didn't even have it. Couple of days later Landlord came to visit us, he was very happy with the state of the house now when we cleaned everything, painted and decorated everything and promised us to fix the things he needed to (that was in August 2019).

    The same day we told him that our shower is leaking into the one of the bedrooms that's beneath it, he told us it will be fixed in couple of days. It wasn't.

    Couple of days later it was very windy and the roof tiles from the building in front of our house started falling directly in front of our house entrance. We sent him the photos, he told us it will be fixed immediately. It wasn't. (a week before Christmas Eve there was a storm and there was a leaking in our bedroom all over the electricity. It was fixed then, but only two of the roof tiles were replaced just to stop the leak)

    In the beginning of September I found out i was pregnant, so once again we asked him to fix things that are his responsibility. He told us of course, nine months will pass quickly we need everything to be good for the baby.

    In the meantime our walls in the hallway started rotting and all of the paint started to fall down all over floors and stairs. He told us he will send someone over to fix it. He did not.

    Six months into my pregnancy roof tiles started to fall in front of our doors again. It was not fixed. As we slept on the mattress on the floor because we didn't have a bed I have ordered one online because he didn't even mind to buy it.

    I gave birth to my baby 7 weeks ago. Walls aren't fixed, shower isn't fixed, roof isn't fixed. Still waiting on him to do something. Usually he sends msgs 3 days before rent is due to say that somebody will come in next couple of days to repair stuff.

    Yeah, he sent three (3) contractors in, all of them his friends (he calls them ''my guys''), and after checking out the state of the property, nobody came back to do anything. But, hey, ''he's trying to help''.

    He didn't register us with the RTB and when we have asked him to do that we were told that he will do it if we sign another contract so he doesn't have to pay any fees.

    As we have baby now, we are anxious about health and safety conditions in this house and don't know what to do anymore. Of course, I have every single message and photo saved so we have evidence.

    Where to start?? We called Threshold, they have sent us to City Council. At City Council they said they don't have nothing to do with it because we aren't in receipt of housing. Called Citizen Information, they have told us to contact Threshold again. What do you think?

    Thank you


Comments

  • Registered Users Posts: 1,061 ✭✭✭DubCount


    Call Threshold again and if they give you the Local Authority answer again, tell them you tried that and the answer you got.

    It sounds like a job for the RTB, but I would exhaust dealings with the LL before going there. Keep records of when you requested repairs, who turned up to look at them and when etc.

    Good luck - LL sounds like a complete chancer.


  • Posts: 0 [Deleted User]


    What kind of hovel is this?


  • Registered Users Posts: 6,001 ✭✭✭handlemaster


    Move out. Its simple.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Move out. Its simple.

    Yeah because moving is so simple at the best of times, doubly easy with a newborn.

    About all you can do is get what you can fixed, at the best of at least three quotes and open a claim with the RTB for reimbursement. The issue you'll have is as soon as the eviction ban is lifted he'll need the property for a relative.

    As for signing a new contract, if it gives you security of tenure for another 12 months and you want to stay put regardless of a bad relationship with the LL then have at it. He's trying to avoid the late fee which is a doubling of the 'on time' fee.


  • Registered Users Posts: 529 ✭✭✭Smouse156


    <SNIP>


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


    Mod Note

    Smouse156, please read the forum charter before posting again. That is not a suggestion you make here in A & P.

    Do not reply to this post.


  • Registered Users Posts: 7,719 ✭✭✭Grumpypants


    Ask the landlord if it would be easier for you to get it fixed and deduct any costs from the rent. If he agrees then send him a receipt for each expense.

    Either he will realize he isn't getting any Rent for a few months or he will fix it.


    Just don't spend any money before he agrees.


  • Closed Accounts Posts: 436 ✭✭eleventh


    Ask the landlord if it would be easier for you to get it fixed and deduct any costs from the rent. If he agrees then send him a receipt for each expense.

    Either he will realize he isn't getting any Rent for a few months or he will fix it.


    Just don't spend any money before he agrees.
    Does anyone know what the law says on this?
    If you let a landlord know to repair or replace something and they don't get back or decide to take their time.
    Can you get it repaired yourself, say if you don't hear from them for a week?


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    eleventh wrote: »
    Does anyone know what the law says on this?
    If you let a landlord know to repair or replace something and they don't get back or decide to take their time.
    Can you get it repaired yourself, say if you don't hear from them for a week?
    Section 12(1) Residential Tenancies Act 2004

    (g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—

    (i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and

    (ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—

    (I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or

    (II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,

    For the avoidance of doubt, what you cannot do is carry out a repair and deduct it from the rent. You carry out the repair and open a case with the RTB for reimbursement.


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    lucy_ wrote: »
    ......When we first went to see property it was damaged real bad, but we had time and so we decided that we will do our best to renovate it. .....

    This just encourages bad landlords.


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  • Registered Users Posts: 5,368 ✭✭✭JimmyVik


    If that was me I would move straight away.
    Allegedly there are many more properties for rent at the moment.
    Why not take advantage.


  • Posts: 0 [Deleted User]


    For the avoidance of doubt, what you cannot do is carry out a repair and deduct it from the rent. You carry out the repair and open a case with the RTB for reimbursement.

    without consent i assume? If the landlord is happy with that arrangement theres no issues surely?


  • Registered Users Posts: 12,128 ✭✭✭✭MadYaker


    without consent i assume? If the landlord is happy with that arrangement theres no issues surely?

    The landlord could give a verbal agreement and then change his mind.

    To be honest this whole situation is not how a tenancy is supposed to work. You shouldn’t have moved in at all, and you should now move out.


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    MadYaker wrote: »
    The landlord could give a verbal agreement and then change his mind.

    To be honest this whole situation is not how a tenancy is supposed to work. You shouldn’t have moved in at all, and you should now move out.

    This is it entirely.

    Made a bad decision at the start and are now compounding it with more bad decisions.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    without consent i assume? If the landlord is happy with that arrangement theres no issues surely?

    With consent you can do pretty much what you want. I've had tenants in the past that would let me know about something, get it fixed and deduct the money from the rent. I miss said tenants!


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Thats fine if they know what they are doing.
    But they make an awful job of wiring, or painting and then look for way more than its worth in terms of a discount.
    It might even cost you money to fix whatever they do.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    beauf wrote: »
    Thats fine if they know what they are doing.
    But they make an awful job of wiring, or painting and then look for way more than its worth in terms of a discount.
    It might even cost you money to fix whatever they do.

    Always done by a qualified trades person and receipts got etc. But I see where you're coming from.


  • Registered Users Posts: 106 ✭✭perfectkama


    With consent you can do pretty much what you want. I've had tenants in the past that would let me know about something, get it fixed and deduct the money from the rent. I miss said tenants!
    If some works on your property you need to know they are insured in the event of an accident so as the landlord you must take charge


  • Registered Users Posts: 4,889 ✭✭✭Third_Echelon


    lucy_ wrote: »
    As we have baby now, we are anxious about health and safety conditions in this house and don't know what to do anymore. Of course, I have every single message and photo saved so we have evidence.

    Where to start?? We called Threshold, they have sent us to City Council. At City Council they said they don't have nothing to do with it because we aren't in receipt of housing. Called Citizen Information, they have told us to contact Threshold again. What do you think?

    Thank you

    You need to move. This guys is never going to do the required work. If you are there over a year and nothing ever gets done, I see no evidence that it will ever get done. For the health of you and your new baby, bite the bullet and move. I know it will be difficult, but get it done.


  • Posts: 0 [Deleted User]


    With consent you can do pretty much what you want. I've had tenants in the past that would let me know about something, get it fixed and deduct the money from the rent. I miss said tenants!

    So did I while I was abroad with work. Was just easier for us all with be being abroad to replace the dishwasher, etc themselves and deduct the cost. keep the receipt as well obviously.

    was a little worried that I hadn't been by the book which I tried my best to be.


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  • Registered Users Posts: 1,241 ✭✭✭meijin


    MadYaker wrote: »
    You shouldn’t have moved in at all, and you should now move out.

    it's easy to say, but if the choice is to take anything, or be homeless, many people choose not to be homeless


  • Registered Users Posts: 106 ✭✭perfectkama


    OP how much is the rent per month?


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


    OP hasn't been back since their initial post over a week ago.


  • Registered Users Posts: 837 ✭✭✭crossmolinalad


    We moved into a property (garden house, 2 bedroom) that's behind a apartment building in 1 year ago. When we first went to see property it was damaged real bad, but we had time and so we decided that we will do our best to renovate it. We spent our money and our time to make it nice


    Most stupid thing to do its the landlords job to rent ou a house in a good state
    Have rented a house myself in a bad state but had a deal with landlord for a cheaper rent for the first couple of years
    I would fix the house for him/with him and he give us all of the materials we needed
    Al put on contract

    know another tenant who did the same as you did and after finishing the job they had to leave the house with not a cent or a thank you from their landlord
    Never ever fix the crapp for someone else for nothing


  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    We moved into a property (garden house, 2 bedroom) that's behind a apartment building in 1 year ago. When we first went to see property it was damaged real bad, but we had time and so we decided that we will do our best to renovate it. We spent our money and our time to make it nice


    Most stupid thing to do its the landlords job to rent ou a house in a good state
    Have rented a house myself in a bad state but had a deal with landlord for a cheaper rent for the first couple of years
    I would fix the house for him/with him and he give us all of the materials we needed
    Al put on contract

    know another tenant who did the same as you did and after finishing the job they had to leave the house with not a cent or a thank you from their landlord
    Never ever fix the crapp for someone else for nothing

    Dont fix anything without prior agreement that's in writing. That's the important bit.


  • Registered Users Posts: 24,694 ✭✭✭✭Strumms


    “When we first went to see property it was damaged real bad,“

    If he had any intention or concern about fixing it, it would have been fixed before it was advertised and shown. The fact it was advertised and shown in this condition meant he didn’t and doesn’t give a shît. It was a seriously naive decision especially with a child to rent this property.

    Would you buy a car with three wheels, broken aircon and a missing sunroof, all on the basis of being told by the mechanic... “ahhh give me the six grand now in a week I’ll have all the parts and I’ll be over to yours to fix “? You just wouldn’t. Learn from the experience and try get out of there.


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