My landlord is driving me nuts!!

lollyx · 26-04-2011 12:06am #1

hi im new to this but ive a question with regards to my landlord and i wondering can any1 help

i have been rentin my house with my partner and son since dec 2010, 2 months ago we go a dog and landlord said it was fine. our landlord turns up every few months to do silly little jobs that dont need to be done he is a pain to be honest . Then this fri we recieved a phone call off him saying that he will be down today bank hol monday with a antique wardrobe, a book shelf and a cabnet !!! now not happy at all with this since we rented the property as is not with this furniture its horrible !!! but any way we werent avalible to be here so he told us where he was gonna up stuff and we said fine .

because we werent going to be here and because our dog doesnt know him i put the dog in the garden just in case. we returned to the house this eve and our dog had been let out of garden we had to drive around village to try find him the landlord didnt even bother to ring us and tell us !!! also he had no reason to be in the garden but decided to cut the grass even though it didnt need cutting !!!! and thats how dog must of escaped !! also the furniture he brought in is more the he said he was bringing and didnt put it where he was supposed , moving our stuff to put his stuff .

is he allowed to do this !! and also im fuming about my dog too !!

can any one help ??
please

aN.Droid · 26-04-2011 7:50am

Hello,

Sorry to hear about your dog and your trouble with your landlord. You are renting his property and it is your home not his storage unit. Tell him fi he wants to store items in your home that it is fine as long as he takes a percentage off the rent for storage fee.

A landlord is allowed to visit to do inspections but must have prior permission from the tenant. If you say he is not allowed in then he cant come in. Saying that it's a good idea to let him do his inspections as long as they are kept too one every 4 months or so.

As regards the lawn, it's the landlords responsibility to keep the grass short, but your dog did escape so I would talk to him about this. Again if he wanted access to your back garden that would usually be gated off he needs your permission.

Have you found your dog? If not I would tell him that he has to pay for the cost of printing signs and petrol to drive around looking for the dog, if he refuses take it from the rent. I don't know how legal that would be, but he did manage to lose a member of your family, which a dog is. I would be so upset if my dog were to become lost because of a landlord I would quit the tenancy then and there.

If you haven't found your dog yet, make sure you check the vet's and local pound. Also any animal shelters can be really helpful. Ring the pound everyday as they only keep animals for so long before they destroy them.

Again sorry about your troubles and all the best in finding your dog.

doubleglaze · 26-04-2011 8:25am

I would also be inclined to quit the tenancy then and there, as it appears the landlord's judgement is bad to the point of being a health and safety risk.

However, you could try using the dog incident - which is very serious - to leverage yourself a deal:

Tell the landlord what happened.

Tell him how frantically worried you were when your dog went missing and how dogs get stolen and used as bait in dog-fighting by unscrupulous elements of society.

Tell him that you have had to review security as a result.

Tell him you need to discuss some practicalities. Then tell him that, because of the dog security, you now need to only receive visits by strict appointment/arrangement only and that if you are not there when the landlord would like to call, that the visit needs to be rescheduled to another time.

Tell him you will mow your own lawn in future and that you will mow it once a week between April and mid-September, twice-monthly until end November and then monthly until April.

If he doesn't accept those terms, you have no option but to leave, having been "hounded" out of the place (pardon the pun).

D3PO · 26-04-2011 9:50am

hang on here a second

he told you he was bringing this furnatiure and instead of saying you didnt want it you said ok. You cant say that and then come on ehre and rant, you should have told him you didnt want any of the furniture.

as for cutting the grass. Legally the landlord has to maintain the outside areas although there is a bit of a grey area here as to weather he can pass this responsibility onto a tennant in the lease. He of course should have informed you he was doing so and that your dog got loose.

Perhaps he genuinely didnt notice ? Probably not but I dont see from your post that the landlord has doing anything reprehensible here to be fair. You are perhaps nitpicking a bit.

Ring him explain you dont like the furniture and it wasnt there when you moved in so would like him to remove it, but you need to equally understand you agreed to let him move it in so have some of the fault on your own doorstep.

D3PO · 26-04-2011 9:53am

Limericks wrote: »

Hello,

Sorry to hear about your dog and your trouble with your landlord. You are renting his property and it is your home not his storage unit. Tell him fi he wants to store items in your home that it is fine as long as he takes a percentage off the rent for storage fee.

A landlord is allowed to visit to do inspections but must have prior permission from the tenant. If you say he is not allowed in then he cant come in. Saying that it's a good idea to let him do his inspections as long as they are kept too one every 4 months or so.

the landlord said he was bringing the furniture the tennat agreed. Therefore the tennant accepted it. They could have aid no, they didnt.

As for inspections firstly it wasnt an inspection secondly agian the tyennat agreed. What the landlord did isnt how I would like to be treated but if the tennat doesnt have the cajones to say no then they have to shoulder half the blame.

aN.Droid · 26-04-2011 11:24am

D3PO wrote: »

the landlord said he was bringing the furniture the tennat agreed. Therefore the tennant accepted it. They could have aid no, they didnt.

As for inspections firstly it wasnt an inspection secondly agian the tyennat agreed. What the landlord did isnt how I would like to be treated but if the tennat doesnt have the cajones to say no then they have to shoulder half the blame.

I know they where not inspections I was just letting the OP know that the only time the landlord should be coming is for inspections or if the tenant needs him too.

Fair enough, the OP said that the LL could store the furniture but as it turns out it was more then he said it was going to be and lied about the placement of the furniture. Sound's like the landlord thinks he can do whatever he wants with the house as he owns it. That's not the case though when you have someone renting it, you are an outsider with no right to any of the facilities including storage of the building as long as someone is paying rent for it.

Once my father had to fight with a LL for access too an attic space in a house which had a lock on the door to it. Turns out the LL was using it for storage and as my father needed it he told the LL in no uncertain terms, move it or lose it as the attic space was included in the lease as being usable by the tenant. I guess the LL used a stock lease and didn't read it all. Nothing to do with the op's problem but you can see where I am coming from?

Merch · 26-04-2011 11:37am

D3PO wrote: »

hang on here a second

he told you he was bringing this furnatiure and instead of saying you didnt want it you said ok. You cant say that and then come on ehre and rant, you should have told him you didnt want any of the furniture.

as for cutting the grass. Legally the landlord has to maintain the outside areas although there is a bit of a grey area here as to weather he can pass this responsibility onto a tennant in the lease. He of course should have informed you he was doing so and that your dog got loose.

Perhaps he genuinely didnt notice ? Probably not but I dont see from your post that the landlord has doing anything reprehensible here to be fair. You are perhaps nitpicking a bit.

Ring him explain you dont like the furniture and it wasnt there when you moved in so would like him to remove it, but you need to equally understand you agreed to let him move it in so have some of the fault on your own doorstep.

The landlord is responsible for the upkeep of the property, but that doesnt mean s/he is LEGALLY responsible to cut the grass, It is quite reasonable and within the terms of a lease for a tenant to have to KEEP a property in a reasonable condition, ie keep it clean, ventilated and in good condition. That can be included in the lease or even interpreted as saying the tenant should be cutting the grass, particularly if they dont want the landlord coming over to do it anyway, if they dont want him around. Its unfortunate the dog got out and they werent aware the landlord was going to cut the grass, but maybe the dog suprised the landlord and escaped as he didnt know he was there, its quite possible the landlord didnt want to ruin your weekend by worrying you about something which maybe he and certainly the OP could do nothing about.

Limericks wrote: »

I know they where not inspections I was just letting the OP know that the only time the landlord should be coming is for inspections or if the tenant needs him too.

Fair enough, the OP said that the LL could store the furniture but as it turns out it was more then he said it was going to be and lied about the placement of the furniture. Sound's like the landlord thinks he can do whatever he wants with the house as he owns it. That's not the case though when you have someone renting it, you are an outsider with no right to any of the facilities including storage of the building as long as someone is paying rent for it.

Once my father had to fight with a LL for access too an attic space in a house which had a lock on the door to it. Turns out the LL was using it for storage and as my father needed it he told the LL in no uncertain terms, move it or lose it as the attic space was included in the lease as being usable by the tenant. I guess the LL used a stock lease and didn't read it all. Nothing to do with the op's problem but you can see where I am coming from?

fisrt highlighted part, It seems the OP did agree to the landlord coming though,

as for the second highlighted part, no I cant see where you are coming from? it is completely unrelated to the OPs problem?????

I dont really see what the issue regartding the landlord is as the OP says he only turns up every two months? (if Im to take every few months as not every month and not evry three) that means he only saw the landlord three times since after the initial moving in/dealings with the landlord? the OPdid say they live in the place since Dec 2010?? apart from the fact he agreed to the landlord doing this stuff?? seems a bit strange to me to agree and then fault the landlord after?

aN.Droid · 26-04-2011 11:46am

Merch wrote: »

fisrt highlighted part, It seems the OP did agree to the landlord coming though,

as for the second highlighted part, no I cant see where you are coming from? it is completely unrelated to the OPs problem?????

Ok, let me try this again. OP if you don't want the landlord in your home you dont have to let him in. If he asks to come over, say no. That is all I am trying to say. I know the OP agreed that he could come over, maybe the OP didn't know they had a choice? If they didn't know, now they do.

I know my last point was unrelated to the op's problem, I even said that at the end of my post. What I was trying to get across is that rented accommodation is your living space, you don't own the property but while you are renting it you have every right not to allow the LL to store his belongings. Which I guess is in relation the the op's post as that is exactly what has happened. Just switch attic situation with anywhere in the house. And before you say the OP agreed to it, no they didn't. there was more furniture then the LL said would be there and also in placed somewhere that was not agreed upon.

D3PO · 26-04-2011 11:50am

Merch wrote: »

The landlord is responsible for the upkeep of the property, but that doesnt mean s/he is LEGALLY responsible to cut the grass,

Legally he/she is responsible. Unless you can point me to legal precident where they have been absolved via a written lease clause that ovverides
section Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 - a landlord is obliged to maintain the structure and exterior of any rental properties, including their exteriors. This extends to keeping the garden and any grounds, other than those vested in a Management Company, in a state of good repair.

Merch · 26-04-2011 11:56am

Limericks wrote: »

Ok, let me try this again. OP if you don't want the landlord in your home you dont have to let him in. If he asks to come over, say no. That is all I am trying to say. I know the OP agreed that he could come over, maybe the OP didn't know they had a choice? If they didn't know, now they do.

I know my last point was unrelated to the op's problem, I even said that at the end of my post. What I was trying to get across is that rented accommodation is your living space, you don't own the property but while you are renting it you have every right not to allow the LL to store his belongings. Which I guess is in relation the the op's post as that is exactly what has happened. Just switch attic situation with anywhere in the house. And before you say the OP agreed to it, no they didn't. there was more furniture then the LL said would be there and also in placed somewhere that was not agreed upon.

The landlord would be entitled to come over and make inspection visits, say once a month would not be unreasonable, the OP confirmed the landlord comes over every few months (which is less than that). The landlord can reasonably and is legally entitled to make an inspection visit so please dont give the OP false information (Im not having a go at you but that information about refusing access to the landlord could cause the OP trouble)

If it was for some reason in the terms of the lease, the landlord may not want people storing large amounts or even small amounts of things in the attic, if that was in the lease then it does not affect any legal obligations the landlord has to the tenant regarding his/her other rights regarding renting.
I cant just switch the attic situation to anywhere else in the house as Id expect a person to use any other room but not really an attic, it might be possible a landlord doesnt want a tenant to have access in case they cause any damage as it isnt a room/space for permament habitation unless altered for that putpose.

Merch · 26-04-2011 11:58am

D3PO wrote: »

Legally he/she is responsible. Unless you can point me to legal precident where they have been absolved via a written lease clause that ovverides
section Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 - a landlord is obliged to maintain the structure and exterior of any rental properties, including their exteriors. This extends to keeping the garden and any grounds, other than those vested in a Management Company, in a state of good repair.

It can be included in a lease that a tenant maintains the garden by agreement and its not an unreasonable expectation and if the OP doesnt want to give the landlord an excuse to come over then its not unreasonable if a lawnmower is provided to just do it. Unless the garden is a field??

Merch · 26-04-2011 12:13pm

D3PO wrote: »

Legally he/she is responsible. Unless you can point me to legal precident where they have been absolved via a written lease clause that ovverides
section Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 - a landlord is obliged to maintain the structure and exterior of any rental properties, including their exteriors. This extends to keeping the garden and any grounds, other than those vested in a Management Company, in a state of good repair.

The RTA 2004 states

In relation to the maintenance of rented dwellings,
it imposes an explicit requirement on landlords to maintain the
structure of the building and to maintain the interior to the standard
that applied at the commencement of the letting.

It doesnt say the landlord has to cut the grass.

As for the Act you quoted

“(8) For the purposes of subsection (7)(b) ‘a proper state of structural repair’ means sound, internally and externally, with roof, roofing tiles and slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascia, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas maintained in good condition and repair and not defective due to dampness or otherwise.”.

That says it has to be maintained in good condition, that doesnt say the landlord has to cut the grass, that can mean it has to be level and fit for the purpose it was meant, it still doesnt say the landlord is legally obliged to cut the grass.

Merch · 26-04-2011 12:33pm

Im not having a go, thats how I would interpret it. Its kinda off track to what the OP was mentioning anyway. I reckon the OP should contact the Landlord and say they didnt realise this was what would be left, they dont like it and find it unappealing and can he please remove some or all of it/whatever the OP is referring to that they didnt want left in the house. It may be the Landlord thinks he is doing them a good turn giving them stuff they might need but doesnt realise they cant bear to look at it

so it couild be a simple misunderstanding that could be sorted out by a phone call or maybe a face to face chat

The_Conductor · 26-04-2011 4:35pm

Merch wrote: »

The landlord is responsible for the upkeep of the property, but that doesnt mean s/he is LEGALLY responsible to cut the grass

Legally a landlord is responsible to cut the grass, wash the windows, maintain the garden and other grounds associated with the property- other than grounds vested in a management company.

Whether a landlord may offload these obligations by manner of lease article, on a tenant, or not- is a matter of interpretation.

The relevant articles are:

Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 and the revised
Section 18(7)(b) of the 1992 Act and Article 5 of the Housing (Standards for Rented Houses) Regulations 2008

They actually define (for the first time) exactly what a 'good state of repair' entails.

If a tenant does not want a landlord over regularly washing their windows, cutting their lawns, painting their sills etc- they agree to do it themselves, and it is up to the landlord to periodically inspect that they are carrying out these duties (and if they decide they aren't- they need to do them themselves).

OS119 · 26-04-2011 7:33pm

Merch wrote: »

The landlord would be entitled to come over and make inspection visits, say once a month would not be unreasonable...

any landlord who wanted to do an inspection every month would find himself without tenants pretty sharpish..

for a six month tenancy i'd do one about 3-4 weeks after the tenants move in to make sure they are happy with everything, that the place isn't a cannabis factory and that the people i let to are the people living there. then i do one a month before they move out - its in both our interests that any problems are sorted out before they leave so i can re-let the property asap, and they can have their deposit back on the day.

once a month - were i a tenant i'd tell you to get stuffed, its not a prison or barrack block.

Merch · 26-04-2011 7:33pm

smccarrick wrote: »

Legally a landlord is responsible to cut the grass, wash the windows, maintain the garden and other grounds associated with the property- other than grounds vested in a management company.

Whether a landlord may offload these obligations by manner of lease article, on a tenant, or not- is a matter of interpretation.

The relevant articles are:

Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 and the revised
Section 18(7)(b) of the 1992 Act and Article 5 of the Housing (Standards for Rented Houses) Regulations 2008

They actually define (for the first time) exactly what a 'good state of repair' entails.

If a tenant does not want a landlord over regularly washing their windows, cutting their lawns, painting their sills etc- they agree to do it themselves, and it is up to the landlord to periodically inspect that they are carrying out these duties (and if they decide they aren't- they need to do them themselves).

Have you read these? I just started looking through these in detail.
If you can point me the exact extract where it says a landlord is legally obligated to cut the lawn and wash windows in
S.I. No. 534 of 2008
HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS
2008
Is about standards for rented accommodation. I am being devils advocate here, a tenant has obligations as does a landlord.

Section 18(7)(b) of the 1992 Act 18(7)(b) is about the the maintenance of the house in a proper state of structural repair and in good general repair; it doesnt say the landlord has to wash windows

Section 18(7)(b): Is is to provide for a requirement to
maintain common areas associated with the house. It doesnt say the landlord will be washing your windows, cutting the lawn or doing the dishes.

You are doing the OP (even though he didnt ask about this) or any tenant a diservice as you are misinforming them by stating what you have said. Either you are trolling (which I doubt) or worse your interpretation of this is wrong. If you think you are right good luck enforcing that. As an impartial individual, you just sound like you are a either a tenant looking to cause problems or a person with an axe to grind.

Merch · 26-04-2011 7:42pm

OS119 wrote: »

any landlord who wanted to do an inspection every month would find himself without tenants pretty sharpish..

for a six month tenancy i'd do one about 3-4 weeks after the tenants move in to make sure they are happy with everything, that the place isn't a cannabis factory and that the people i let to are the people living there. then i do one a month before they move out - its in both our interests that any problems are sorted out before they leave so i can re-let the property asap, and they can have their deposit back on the day.

once a month - were i a tenant i'd tell you to get stuffed, its not a prison or barrack block.

Im not saying landlords do a monthly inspection, but that but they could, I'll have to double confirm the exact limits but so can any of you (confirm).
It isnt unreasonable to get a monthly inspection for maybe three months and then every other or 3 months, its good for a tenant to have a landlord that maintains contact not the other way around where they cannot be contacted, other tenants would be on here complaining of that I'd say. I think this is going off track, the OP hasnt asked about deposits or landlord obligations regarding cutting the grass, if anything they said he came around and did it without asking.

As I suggested earlier a quick chat, in a non confrontational matter is likely to sort out the issue.

Merch · 26-04-2011 7:51pm

For some practical advice see below, still nothing about cutting the grass or washing your windows, maybe the next amendments will enforce your landlord to tuck you in at night! :cool:

http://www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html

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

The_Conductor · 26-04-2011 8:44pm

Merch wrote: »

Have you read these? I just started looking through these in detail.
If you can point me the exact extract where it says a landlord is legally obligated to cut the lawn and wash windows in
S.I. No. 534 of 2008
HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS
2008
Is about standards for rented accommodation. I am being devils advocate here, a tenant has obligations as does a landlord.

Section 18(7)(b) of the 1992 Act 18(7)(b) is about the the maintenance of the house in a proper state of structural repair and in good general repair; it doesnt say the landlord has to wash windows

Section 18(7)(b): Is is to provide for a requirement to
maintain common areas associated with the house. It doesnt say the landlord will be washing your windows, cutting the lawn or doing the dishes.

You are doing the OP (even though he didnt ask about this) or any tenant a diservice as you are misinforming them by stating what you have said. Either you are trolling (which I doubt) or worse your interpretation of this is wrong. If you think you are right good luck enforcing that. As an impartial individual, you just sound like you are a either a tenant looking to cause problems or a person with an axe to grind.

Under Section 18A of the The Housing (Miscellaneous Provisions) Act 2009 and the Private Rented Sector, for the first time, since 1st of December 2009, a landlord is obliged to maintain the structure and exterior of any rental properties, including their exteriors, for the first time. This extends to keeping the garden and any grounds, other than those vested in a Management Company, in a state of good repair.

Section 18(7)(b) of the 1992 Act and Article 5 of the Housing (Standards for Rented Houses) Regulations 2008, for the first time defines in detail- what a 'good state of repair entails' and under the 2009 Act- extends these obligations even to vacant rental property (like to see them chase all the developers on this one!!!). There is an inclusion in the updated definition of a requirement to maintain gardens and to keep common areas in good condition. Yes, its my interpretation- that this means that there is now a lawful obligation on landlords to maintain the external appearance of rented accommodation (for the first time).

How the external appearance and maintenance is conducted, is not specified, it may include a contractual obligation by lease article on the part of the tenant to perodically conduct stated actions (such as mowing the lawn every 10 days, between the months of April and October, as an example).

There have already been two proposed amendments to the 1992 Act by the current government (Housing (Miscellaneous Provisions) Act 1992).

Sections 18A and 18B of the current amendment replace the right of a council to conduct remedial works on a rental property and bill the landlord and/or tenants for these remedial acts.

Calling me a troll- well, I've been called far worse- doesn't mean its true.......

The_Conductor · 26-04-2011 8:51pm

Also: From Citizen's Information Bureau

From 1 December 2009, the requirement to maintain the house in a proper state of structural repair is spelt out in more detail. The new Regulations require landlords to maintain the house in a sound state, inside and out. The Regulations specify that roofs, roofing tiles, slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascias, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas must be maintained in good condition and repair. They must not be defective due to dampness or otherwise.

(My emphasis)

Merch · 26-04-2011 9:33pm

We could end up going over this back and forth and still not agree, even though it isnt the main point relevant to the OPs post.
it says the items specified must be maintained in good condition and repair, it doesnt say the landlord is the person to do it,
Maintaining windows in good condition means they are functional and fit for purpose, but doesnt mean the landlord will be cleaning them

Also I did say "either you're trolling (which I doubt)" or re your interpretation

Anyway, I interpret it as its an obligation to ensure its done, doesnt mean tenants should expect their landlord to be coming around to do it, just they should ensure it is done, as in they make sure the tenant keeps the property in good order, as tenants are expected to keep a property, keep it clean, heated and ventilated appropriately.

Id be more concerned that a landlord is reg'd and is carry out other functions and obligations, than expecting them to clean windows and mow the lawn.

My landlord is driving me nuts!!

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