trouble with landlord

S

suimhneach

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ok this is a long one, i have been living in rented accommodation (same house) for over 4 years. Living in a rural area with not much choices as to houses available for long term rent. Lots of things wrong with this house and over the years i have written to the landlady asking to have things that needed fixing fixed. But every letter was ignored.

This year she dropped by for a visit no warning but really that didn't bother me as i thought she was there to do something to improve the house. I was wrong.

One day arrived home from work to find a huge hole in the driveway unable to bring the car in and there were workmen who told me she had hired them to build a wall. they dug the hole inthe road and left came back 3 weeks later, so had to park on the side of the road for 3 weeks.
Anyways wall was built, its not something we ever asked for there were more immediate porblems that needed fixing but they were all ignored.

So about a month ago i lost the rag and sent her a letter asking her to either reduce the rent or to fix what needed fixing with the house. She turned up at the door two weeks later with a few pages out of a rental agreement, we never in all the 4 years we are there got a rental agreement or receipts for rent or a rent book nothing and she shows up with this and asks me to read it and that she would ring in a few weeks and we could sign it.

Now this rental agreement is just a few pages stapled together saying the landlord has the right to enter the property at any time and that workers working on behalf of the landlord can enter the property i know this isnt a standard rental agreement im not that stupid, but where do i stand what can i do as i said there are no other houses to rent long term i have spent the past two weeks looking and to to avail.
 
I wouldn't worry about the fact that you have no written agreement. It's clear you have established a part IV tenancy and so the LL can only evict you in specific circumstances. Your landlady sounds like a wagon tbh and I'd get on to threshold and ask for some advice. You shouldn't have to live in a house that isn't being maintained and you would be within your rights to withhold part of the rent to make the repairs yourself (seek advice from Threshold before doing this for the specifics involved!). You have to give your landlord written warning that you intend to do this for example, and there are probably specific protocols to follow (registered post etc.).

Google Part IV tenancy for more details.
 
As murphaph says you already have a tenancy agreement so she is chancing her arm trying to get you to sign something else. Especially something that suits, basically, her. Tell her quite politely that you will not sign it. Oh and do speak to Threshold
 
I take it the Landlord has no probs with confirming that she is registered with the Residential Tenancy Board... or providing proof of the same? Like what other's posters said - get in touch with Threshold - and maybe the landlord would like to make a self-declaration to the revenue commissioners and after the end of Sept to the county council?

Another issue in relation to the contract which she is asking you to sign (which I wouldnt) - is that this landlord doesnt have any right to enter the property - this is your home and she needs to remember that you are the one that is paying rent for this home. As a side issue, you should alway's pay by cheque and get a receipt.
 
Do not sign any document now. I would contact the PRTB who will advise you what to do. Keep proof of all documentation you have sent her and her replies. Make a history of what has happened. Also I'd get the names of the workmen to back you your story etc. The landlady has no right whatsoever to enter the house without your permission. Also you are not allowed to withhold any rent. Personally I'd move if at all possible as this relationship is never going to work.
 
Hi,

how long over 4 years are you living there. After 4 years the part 4 tenancy starts over again. This means that in next 6 months after the 4th year a landlord can terminate the tenancy without a reason. Therefore thread carefully if you are in this period.
 
From Mathepac's link

Part 4 tenancies

Under Part 4 of the Residential Tenancies Act 2004, if you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire security of tenure in 4 year cycles. Any tenancy therefore, that has lasted more than six months is a Part 4 tenancy or a further Part 4 tenancy. After four years of your tenancy has passed, a new tenancy starts. The same four-year cycle can begin again leading to a further Part 4 tenancy.
 
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