Landlord's agent charges €50 callout fee

T

THE_Chris

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Hi all,

An interesting one I heard of from a friend of mine. Fortunately he is moving soon, but he rents through an agency and the agency have introduced a €50 callout fee for getting the landlord out to fix anything.

Sure, it might guard against "change my lightbulb", but I told him this was outrageous. I also mentioned to him the likely difficulties getting a deposit back from this shower and to consider what options he might take to minimise a potential loss here.

Anyone heard of this before?
 
Never heard of it before, I'd love to introduce it though! I've gotten some really stupid call outs! Fortunately, very few and far between though.
 
THE_Chris said:
An interesting one I heard of from a friend of mine. Fortunately he is moving soon, but he rents through an agency and the agency have introduced a €50 callout fee for getting the landlord out to fix anything.
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Is this a change to the terms and conditions of his lease agreement?

THE_Chris said:
I also mentioned to him the likely difficulties getting a deposit back from this shower
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Why would the introduction of a new charge have anything at all to do with the likelyhood of issues in getting the deposit back?
 
That's the sort of thing gives the majority of good landlords a bad name. Totally runs against the residential tenancies act. Landlord has a statutory duty to maintain the dwelling in good condition. Landlord and tenant can't contract out of this duty and the landlord can't charge for fulfilling his obligations. There might just be a case for imposing a charge for frivolous callouts but seriously, would you want the hassle of arguing this in front of RTB? Mad stuff.
 
THE_Chris said:
Hi all,

An interesting one I heard of from a friend of mine. Fortunately he is moving soon, but he rents through an agency and the agency have introduced a €50 callout fee for getting the landlord out to fix anything.

Sure, it might guard against "change my lightbulb", but I told him this was outrageous. I also mentioned to him the likely difficulties getting a deposit back from this shower and to consider what options he might take to minimise a potential loss here.

Anyone heard of this before?
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Haven't heard of it, but doesn't surprise me in the least. Could take this to RTB, but don't know if there is anything specific to callouts in current legislation - I know there have been efforts over the years to try to stop landlords from adding spurious fees and charges to compensate themselves for fixed low rates of rent increases imposed under RPZ rules.
 
Right Winger said:
That's the sort of thing gives the majority of good landlords a bad name. Totally runs against the residential tenancies act. Landlord has a statutory duty to maintain the dwelling in good condition. Landlord and tenant can't contract out of this duty and the landlord can't charge for fulfilling his obligations. There might just be a case for imposing a charge for frivolous callouts but seriously, would you want the hassle of arguing this in front of RTB? Mad stuff.
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Honestly, I would suggest the tenant raise this case, there is no cost on his part to do so. Its definitely an abuse of the system given that a) landlord is obliged by law to maintain property and b) landlord is already paying service charges to the agent to represent him/her
 
Right Winger said:
That's the sort of thing gives the majority of good landlords a bad name. Totally runs against the residential tenancies act. Landlord has a statutory duty to maintain the dwelling in good condition. Landlord and tenant can't contract out of this duty and the landlord can't charge for fulfilling his obligations. There might just be a case for imposing a charge for frivolous callouts but seriously, would you want the hassle of arguing this in front of RTB? Mad stuff.
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Off the top of my head this is a few that we've been called out for:

- lightbulb
- midnight tenant locked himself out and couldn't find his keys, on one occasion we told him to break in
- mice
- washing machine broken as tenant had decided washing his work boots in it was a good idea
- clogged up dryer
- toilet problems as they put too much loo roll or sanitary products
 
Right Winger said:
That's the sort of thing gives the majority of good landlords a bad name. Totally runs against the residential tenancies act. Landlord has a statutory duty to maintain the dwelling in good condition. Landlord and tenant can't contract out of this duty and the landlord can't charge for fulfilling his obligations. There might just be a case for imposing a charge for frivolous callouts but seriously, would you want the hassle of arguing this in front of RTB? Mad stuff.
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Is that not the point... Charging for frivolous call outs? It's no problem paying for things that reach end of life or need servicing,
However, a tenant should be responsible for light bulb replacement or blocking a drain/toilet from mis use or lost key (locksmith) call out fees or breaking a window lock etc

I have had temant try to have me pay for things that were ultimately caused by them.

Some etting agents don't care about the owner, they will incur coats for whatever the tenant contacts them. As they see it, the tenant is the income source thst they need to keep sweet, and the owner is the magic money tree.
 
Bronte said:
Off the top of my head this is a few that we've been called out for:

- lightbulb
- midnight tenant locked himself out and couldn't find his keys, on one occasion we told him to break in
- mice
- washing machine broken as tenant had decided washing his work boots in it was a good idea
- clogged up dryer
- toilet problems as they put too much loo roll or sanitary products
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Seems to me that a lot, if not the vast majority, of people haven't a clue how to do even basic household troubleshooting and maintenance. I don't know how many people I've met who can't wire a plug safely or unblock a toilet. I doubt that this is an issue specific to the tenant/landlord relationship.
 
ClubMan said:
Seems to me that a lot of not the vast majority of people haven't a clue how to do even basic household troubleshooting and maintenance. I don't know how many people I've met who can't wire a plug safely or unblock a toilet. I doubt that this is an issue specific to the tenant/landlord relationship.
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But the issue is: Should the landlord be on the hook for the cost of the deficit of knowledge of — or ownership of the problem by — the tenant?

In continental European rental models, the tenant has much more obligations to (the owner) than just paying rent. At least, that was my experience of when I rented over there In Ireland, some tenants think the landlord should pay for everything.
 
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ClubMan said:
Seems to me that a lot, if not the vast majority, of people haven't a clue how to do even basic household troubleshooting and maintenance. I don't know how many people I've met who can't wire a plug safely or unblock a toilet. I doubt that this is an issue specific to the tenant/landlord relationship.
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Seems to me that Irish tenants get away with murder. Because all the onus is on the landlord acting as Mammy.

And what is it with smoke alarms, my pulled out the batteries all the time.
 
Bronte said:
Seems to me that Irish tenants get away with murder. Because all the onus is on the landlord acting as Mammy.

And what is it with smoke alarms, my pulled out the batteries all the time.
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Couldn't the lease agreement clarify what issues will be attended to or not, when a fee applies to the former etc.? Within the constraints of any regulatory framework of course.
 
ClubMan said:
Couldn't the lease agreement clarify what issues will be attended to or not, when a fee applies to the former etc.? Within the constraints of any regulatory framework of course.
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By now you will know that my leases were not worth the paper they weren't written on. Completely pointless and unenforceable were I to bother having one. Everything is in the legislation and everything is biased towards the tenants. But it's ok I'm in exit strategy.
 
The RTA states:

Obligations of landlords.
12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—

(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,

(b) subject to subsection (2), carry out to—

(i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992, and

(ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,
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There is an obligation on a landlord to make his contact details known to the tenant.

IANAL but I don't think it is reasonable under the RTA for the landlord to charge a tenant for callout to be made aware of issues with the state of the property. It is quite literally the landlord's legal obligation to maintain the property in the condition at the start of the property (see above).

Whether this is fair or reasonable is another matter, but the law is the law.
 
NoRegretsCoyote said:
The RTA states:



There is an obligation on a landlord to make his contact details known to the tenant.

IANAL but I don't think it is reasonable under the RTA for the landlord to charge a tenant for callout to be made aware of issues with the state of the property. It is quite literally the landlord's legal obligation to maintain the property in the condition at the start of the property (see above).

Whether this is fair or reasonable is another matter, but the law is the law.
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Instead it should be the tenant's obligation to maintain the property in the condition they received the property originally. And because it isn't there is no respect from too many, or even good tenants, we accept as good tenants on a very low basis.

Coyote do you put in microwaves?
 
Bronte said:
Instead it should be the tenant's obligation to maintain the property in the condition they received the property originally. And because it isn't there is no respect from too many, or even good tenants, we accept as good tenants on a very low basis.

Coyote do you put in microwaves?
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Agree. Keep as you got it.

A microwave being classed as an mandatory item makes no sense. Many kitchens function quite well without one. Mine does.

Maybe air fryers and pod coffee machines will be next on the mandatory equipment...
 
I know someone (not me) bought their home a brand new top of the range microwave thanks to the tenant.

There is no way on earth I'm putting in a microwave. And I never put in a telly either. The idea now of renting in Ireland and having a bed that was abused by many people is just yeck. In the old days I used to put in duvets etc. I reminded a relation recently that a mattress cover was a very important item for the new bed purchased. Also advised a video of all the new stuff, we were having a discussion that it was just easier to dump absolutely everything and start from scratch on change of tenant. I do write of my depreciation, but I know many don't. My current limit with my account is nothing under €100. I'm going to change that to under €500 or 1K next year. I once had a landlord take away urine soaked mattresses I'd left out on the street while I was filling a skip. I was delighted he was taking them away and he was delighted with the free beds. I'm never cleaning another fridge or top of hob, inside of oven ever again.
 
I know that, which is why I've never bought one. If the tenant asked I probably would though. Same way as I buy paint if they want a different colour scheme. I didn't get BER's either, but I've done so now to sell.
 
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