# Rented Accommodation Issues



## Nidot (13 Jan 2014)

Hi All,

I'm currently renting a house with my partner and child. While we are generally happy with the house there are a few issues which I have noted since we moved in (2 years ago now) and which when I've mentionned these to various people have been told that they should be addressed by the landlord or the letting agency, these are:

1. The front door requires a key for it to be locked. Recently we were getting a copy of this key made, as we had originally only been given 1 copy which we finally had to get a copy ourselves as the letting agent would not provide a second copy, and we were informed that all rented accommodation requires a front door which has a flip lock on it, which in the case of emergency can be opened by a person inside the house.

2. The heating system is not working appropriately. The boiler system has an issue with it meaning that it lets air into the system. This means that air gathers in the rads on the system. This has gotten to the stage now where I am required to bleed the rads on a weekly/bi-weekly basis in order that some heat comes out of them,

3. The rad in the main bedroom does not work. It is on the same system mentionned in 2 above. When we moved into the house the rad had a blunted air vent bolt meaning I cannot bleed the rad atall. This has resulted in us not being able to heat the bedroom atall for the past two years.

4. The only rad in the kitchen/dining room is placed up between a wall and cupboard, as such no heat is radiated throughout the room, also the rad is of the small variety meaning it is insufficient in my opinion to heat a room which occupies half of the ground floor.

5. There is no insulation in the attic what so ever. I have checked this myself on occasion. There is also no insulation in the cavity walls which were used to build the house. The house having been built we believe in the 60's.

6. When talking to the person responsible for cutting the keys we were informed that the key we had originally in our possession was a copy, he informed us that on moving into the house we should of been given an original key to new lock as the landlord would not be aware of the number of keys in existence to the door. This needless to say has worried ourselves regarding the safety we have in the property.

7. In the external garage there are broken windows. On moving into this property I myself was able to clean up the glass which was lying in the ground as I didn't want it out there with a young child playing the back garden. The windows remain broken though meaning if someone was to fall onto the windows then they would obviously cut themselves on the glass. My worry is who would be responsible should this happen. Would I be responsible insurance wise if it was to happen or would it be the landlords responsibility/liability considering we have informed him.

Just in relation to the above.

a) We have informed the letting agent of all the heating issues but have been told consistently on several times that the landlord is considering improvements/contacting contractors for quotations etc, but never given an answer as to whether any actual work will be carried out.

b) The broken windows we have been informed will not be fixed by the landlord atall leaving the broken window pains present in the external garage.

Sorry for the length of the post I guess I just wanted to get an idea of where I stand before signing another 12 month lease.

Much appreciated.


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## elcato (13 Jan 2014)

1 is something I would not encourage from a security point of view. Having a latch means burglers can gain access quite easily so I would say keep the current system

2 and 3 are a case of fixing the heating system. The landlord/agent should address them.

Points 4 and 5 are things which you would like to improve heating but the landlord does not have to provide it.

I don't understand your concerns in point 6. The landlord and agent are entitled to keys.

point 7 can be argued that the house was seen by you as is when you viewed it and agreed to rent. If there's nothing in writing stating that it should be fixed then there's no obligation. I'm pretty sure any insurance claim is the landlords concern.


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## Nidot (13 Jan 2014)

Thanks for coming back to quickly elcato.

What you're saying is pretty much what I was expecting.

For points 2 and 3 do you think that the landlord/agent have to fix them or is it a case if they want to. Someone was saying to me that the house has to be of habitable state meaning that the heating is controllable and in a working order. This has been an issue since last winter when it was originally brought to the attention of the agent, since then we just keep getting rebuffed by the agent telling us the landlord is investigating it, looking into the matter, getting quotes etc. Thats roughly 16 months it's taking which is pretty much taking the **** on the matter.

My concern with point 6 as the key cutter explained to me was that since it was a copy of a copy then there could be numerous copies of the key in existence which would all be in the hands of former tenants (or other parties) as the landlord wouldn't of been in control of them having these copies.

Thanks for your opinion on the insurance/liability issue, I'm just probably overly worried about it but with broken glass I guess I could expect to be.

Thanks again.


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## elcato (13 Jan 2014)

You really need to put your requests in writing and ask them to get it done within a reasonable timeframe. Put in the letter that you will call a plumber yourself to fix the matter and deduct the payment from your rent. That might spark them into action. No harm in getting a quote from a plumber anyway.


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## Bronte (13 Jan 2014)

Nidot said:


> I guess I just wanted to get an idea of where I stand before signing another 12 month lease.
> 
> .


 
With the catelogue of faults why would you sign a new lease. Either move or refuse to sign until the necessary works are completed. The heating system should be working properly, that's for sure.  

I've no idea though whether insulation in the attic and filling the cavity walls would be necessary.   But based on the fact that the heating system has not been dealt with since last winter I wouldn't be holding out much hope here.  

Some of the items are not what would be considered necessary. I've never heard of their being a legal requirment in relation to locks, my house along with many other landlords has bucketfuls of keys to various locks, and plenty of my ex tenants still no doubt have keys too, so I wouldn't worry about that.


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## vandriver (13 Jan 2014)

Anyone who has a key to your house has already had 2 years to help themselves.It sounds like scaremongering!
In relation to the broken glass still in the frames in the garage,could you not remove the rest of the broken glass yourselves?It's not a tricky task.


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## Nidot (13 Jan 2014)

vandriver said:


> In relation to the broken glass still in the frames in the garage,could you not remove the rest of the broken glass yourselves?It's not a tricky task.



Should that be a role of a tenant to remove broken glass from a broken window which the landlord has been informed of?


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## vandriver (13 Jan 2014)

Maybe it shouldn't be,but I'd fix it,and not bother a landlord over something so trivial.


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## Nidot (13 Jan 2014)

vandriver said:


> Maybe it shouldn't be,but I'd fix it,and not bother a landlord over something so trivial.



You're saying not to bother the landlord over something so trivial but the other points I've brought up are far from trivial in my opinion. 

Heating would be the most important thing I would like to see fixed, am I being unrealistic in what to expect from our landlord and his chosen letting agent?

Maybe the fact that the other issues are there makes yet another issue seem more of an issue than it needs to be to me.

What do other tenants or landlords think?


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## vandriver (13 Jan 2014)

I don't mean to trivialise your problems,but instead of a presenting lists of defects small and large,concentrate on getting the heating working properly.


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## PaddyBloggit (13 Jan 2014)

I'd move.


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## Sue Ellen (13 Jan 2014)

PaddyBloggit said:


> I'd move.



+1

Your responsibilities lie with your chid and partner and heating is the most important aspect of a house at this time of the year.

Neither the landlord nor the letting agent (presumably because of the lack of interest from the landlord) appear to care so you are probably wasting your time in requesting repairs.


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## diver (13 Jan 2014)

+ 2

As a landlord myself, I'd like to think that my tenants are as warm and as comfortable in my rental property as I am in my own home. Regular maintainance on my rental property equals a happy tenant and makes my life easier as a result.

I was a tenant myself years ago. I would have moved on a long time ago if, after 16 months asking for the heating and other issues, within reason, to be addressed/fixed, that nothing had been done.

Sadly, some landlords/agents are simply only interested in collecting the rent every month and ignore any problems that may arise.

My answer........don't renew your lease, just move on.


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## RainyDay (13 Jan 2014)

Did you look for or get a BER cert when starting the lease?


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## Nidot (14 Jan 2014)

RainyDay said:


> Did you look for or get a BER cert when starting the lease?



When moving in we were told the BER was D2 , which isn't great but decent for rental accommodation.  We were never given a copy of the cert despite asking several times.

A few months ago I was able to obtain a copy of the cert myself through ESB.  I've raised the fact that the letting agent lied to us and that it is of such a low rating in my correspondence to date but no satisfaction to date.

It really is frustrating dealing with the letting agent and landlord for this property.

At times I tell myself when it comes to.moving on I will leave a lot of issues myself which need to be fixed by the landlord before it can be rented again as kinda reparations for his inaction to date. I'd probably end up being the subject of a tenant from he'll thread on here.


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## Bronte (14 Jan 2014)

Nidot said:


> Should that be a role of a tenant to remove broken glass from a broken window which the landlord has been informed of?


 
This is just unbelievable.  Are you not capable of removing the glass yourself if it's such a big issue for you, and you've pointed out it's potentially dangerous, yet, you have not done anything about it.  What were you waiting for, an actual child to get injured?

You have painted a picture of you being a victim of a bad landlord, yet you have stayed there two years despite the fact that nobody is listening to you.


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## Bronte (14 Jan 2014)

Nidot said:


> I will leave a lot of issues myself which need to be fixed by the landlord before it can be rented again as kinda reparations for his inaction to date. I'd probably end up being the subject of a tenant from he'll thread on here.


 
I think you'd be dead right.  Sure the landlord has been making a mint out of you and deserves everything that you can do to him.   

And Irish tenant's wonder why some landlords are reluctant to upgrade properties or put in very good furniture etc.


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## PaddyW (14 Jan 2014)

Easiest solution is to find better digs. If it were me, I'd have moved out a year ago


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## RainyDay (14 Jan 2014)

Nidot said:


> When moving in we were told the BER was D2 , which isn't great but decent for rental accommodation.  We were never given a copy of the cert despite asking several times.
> 
> A few months ago I was able to obtain a copy of the cert myself through ESB.  I've raised the fact that the letting agent lied to us and that it is of such a low rating in my correspondence to date but no satisfaction to date.


So the actual BER is worse than D2?


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## Nidot (14 Jan 2014)

RainyDay said:


> So the actual BER is worse than D2?



Yes it has a current BER of F.


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## Nidot (14 Jan 2014)

Everywhere I look, including my lease agreement it states that all repairs are to be completed by the landlord.

What is a tenant to do? Stick to the terms of the lease, and be completely ignored? Do it one's self, meaning that the landlord is not sticking to their part of the lease?

All the information I have comes directly from Threshold where it states that repairs and maintenance you should inform the landlord in writing, it states the same in my lease, but yet nothing is to happen.

A rental payment has never been missed on this property. Trying to depict tenants who are trying to have the property rented being a good standard as some sort of trouble maker is not the best.

Is this not a case of a bad landlord?

In what case could one describe a landlord as a 'bad landlord'?


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## RainyDay (14 Jan 2014)

Nidot said:


> Yes it has a current BER of F.



Very solid grounds for walking away at any time so. Consider complaining to the PRTB over the lies too.


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## QED (14 Jan 2014)

Why do you not want to move from what seems to be an unsuitable house for your family? Is your rent a lot lower than it would be in a similar but more habitable property? Are there no other properties available in the same area?

Just trying to understand why you do not move?? You are correct in your position, but unfortunately you look to be fighting a losing battle. Why put yourself through further stress to prove that you were right. 

Imagine yourself and your family in a different nice cosy house with no broken windows etc....


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## Nidot (14 Jan 2014)

Bronte said:


> I think you'd be dead right.  Sure the landlord has been making a mint out of you and deserves everything that you can do to him.
> 
> And Irish tenant's wonder why some landlords are reluctant to upgrade properties or put in very good furniture etc.



Bronte, only quoting some of my text would give a reader a misperception of what I actually said.

The landlord I am sure is treating the property as an investment/business which has it's associated costs (probably mortgage repayments), I am not as shortsighted to not believe that, and if he makes excess rental income above this then fair play to him.

But the landlord is the service provider, I am the customer, is it not the customers perogative in any commercial transaction to seek the best terms for themselves along with trying to enforce the terms of the transaction as agreed by both parties.

I am just trying to get the terms of the contract which I signed to be actually implemented.

I am sure other renters have had similar issues to myself here where the landlord (or letting agent on the landlords instruction) has chosen to ignore all issues raised as they feel that by providing the premises for rent that they have fulfilled their part of the contract while choosing to ignore the facts that all properties require upkeep. That and not coming back atall, either positively or negatively, to all issues raised is quite frustrating.


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## round1 (14 Jan 2014)

You could bring a case to the PRTB  against your landlord for breach of his legal obligations with regard to maintenance of the property under the Residential Tenancies Act 2004. It is important to document all your dealings with the landlord or agent. You can bring a case even if the tenancy is not registered with the PRTB.


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## PaddyBloggit (14 Jan 2014)

Nidot said:


> I am just trying to get the terms of the contract which I signed to be actually implemented.



From your opening post:


Nidot said:


> Sorry for the length of the post I guess I just wanted to get an idea of where I stand before signing another 12 month lease.



I think you know where you stand .... you're going to have the same battle as you had with your last contract period.

Your current contract has ended .. nothing sorted. It's too late to fight the last battle ... it's over.

I don't understand (like QED and others, including myself) why you just don't move to a property that will be suitable for you and your family.

It's beginning to look like you're just egging for a fight.


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## facetious (14 Jan 2014)

Have you advise the landlord *in writing* of the issues? 
Did you keep a dated copy of the letter? 
Do you have *proof of posting* (certified delivery, registered post) or delivery by hand to the landlord's address?
Did you give him *a time frame *in which those issues should be remedied?

Before you can make a *successful claim* with the PRTB, you need to have advised the landlord (in a claim you will need proof, hence a copy required) and given him *a reasonable time* to remedy the problems.


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## Dermot (14 Jan 2014)

Like diver I am a landlord too and my advice would be the same as that given by diver.  You have been given very good advice by all of the posters from different perspectives.
I will just say to you " get yourself and your family out of that house and move on with your life".  The landlord is not going to change and the problems will remain and will continue to annoy you.   It is not worth the hassle.


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## Nidot (16 Jan 2014)

facetious said:


> Have you advise the landlord *in writing* of the issues?
> Did you keep a dated copy of the letter?
> Do you have *proof of posting* (certified delivery, registered post) or delivery by hand to the landlord's address?
> Did you give him *a time frame *in which those issues should be remedied?
> ...




Facetious what are the benefits in contacting PRTB?


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## facetious (16 Jan 2014)

Nidot said:


> Facetious what are the benefits in contacting PRTB?


If you contact the PRTB amout a matter, they will only give you some general information - the PRTB are not an information service.
One of their main functions is to provide an adjudication service (to lessen the load on the courts for "minor" problems).

If the PRTB give you sound advice, that would put in question their impartiality if a claim was made to the PRTB on some point of law. It is exactly the same way that the courts function.

If you have the proof that is required for a claim, make the claim. As I pointed out in a previous post, you are legally required to have advised the landlord of any issues and given him "a reasonably time" in which to remedy said issues. The RTA 2004 does not define a reasonable time but it is usually taken to be 14 days (i.e. similar to someone who is in rent arrears, where a 14 day notice is served on the tenant and if all outstanding arrears are not paid within that time frame, a notice of termination may then be served on the tenant). 

One reason for "a reasonable time" is that certain repairs may necessitate order spare parts which are not readily available and may well take a month or more. If a landlord has attempted to resolve the issue and is continuing to do so (proof of ordering parts which are not in the country is sufficient) then the landlord is deemed to have fulfilled his obligations.

If the landlord has failed to remedy the matters within the reasonable time frame, taking into account any difficulties the landlord may have in fixing the problem then you are free to terminate the lease in the required manner and with 28 days notice period.

Alternatively, if you wish to remain in the property, then you should make a claim with the PRTB to have the issues resolved and to claim for damages for the landlord's breach of obligations.


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## Bronte (17 Jan 2014)

facetious said:


> Alternatively, if you wish to remain in the property, then you should make a claim with the PRTB to have the issues resolved .


 
How long do you think it will take for the PRTB to force the landlord to make the repairs?  Don't you think Nidot would be better off leaving the property?


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## facetious (17 Jan 2014)

Bronte said:


> *How long do you think it will take for the PRTB to force the landlord to make the repairs?*  Don't you think Nidot would be better off leaving the property?


"A reasonable time" - but reasonable in this context could be any where between 3 months (if you are extremely lucky) and several years.

However, damages awarded my be worth the wait.

A lot depends on how well settled the OP is in his location, schools, transport, commute to work, friends, even the amount of rent, apart from the deficiencies of the house in its current state, it may be a great place, etc. as opposed to the hassle and stress of finding a new place, moving, new landlord may not be better - the devil you know is better than the devil you don't know, etc.

Only Nidot knows this position.

However, if the OP did as I suggested in a previous post - write, setting out the issues and set a time frame for the issues to be resolved, he might just get the landlord to comply. If he also point out that these are landlords obligations under the RTA 2004 and failure to remedy the matters within the time frame, the landlord would be a breach of obligations and leave himself open to a claim with the PRTB which would almost certainly involve damages being awarded to the OP which could easily be in the 4 figure sum, especially as this is a long running situation (provided Nidot has proof of requests to remedy the matters.


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