advice for debt owed to "landlord"

T

tantamount

Guest
this is in republic of ireland.

i've lived at a house for three years, rented, sharing with 5 other people. the house was in a bit of a state so i put in a lot of man hours doing repairs, rewiring, repainting, and general maintanance. but the person who collects our rent does nothing to keep up the house.
i say "person who collects our rent" because he only calls himself the landlord when it suits his needs, otherwise, when there's something that needs fixing, he says "i just own the lease and am doing all this as a favour to my friend, who lives in switzerland, so i shouldn't have to pay any of my own money toward this house." i recently gave my month's notice that i was moving out. the sewage that's leaking up through the floor of my bathroom has gotten worse, the water damage from the bathroom above the kitchen has gotten much worse where along with rust-coloured paint chips caking the surface the ceiling is visibly bowed. for three years i've been asking for the rubbish in the back garden to be removed, and for three years he has either ignored me or said he would get a skip. (there were three rusting boilers, a rusting oven, bits of chairs and a moldering matress, all stranded in the garden.) only recently did the rubbish finally disappear, and i discovered that this was only because a health inspector was coming around (the neighbours had finall made a formal complaint about the sewage build-up).
then there's the matter of the heating. the radiators are heated by and oil-fired furnace. there is constantly the smell of fumes emitting from the shed, and every time we get a new tank (couple hundred euro) it only lasts a couple days. every winter we've had a collective total of about ten days of working heat. and by working i mean that a few radiators will work downstairs, for a night or two, before breaking again, while everyone upstairs freezes, or relies on personal electric heaters while he charges us for the incurred electricity as well as the repeated installation of the tanks. the reason it takes so long to get anything done about the heating, each winter, is because (quoting the "landlord"), "the landlord has an arrangement with a plumber who's always been the plumber of this building, an old friend of his dad, so we get the plumbing for free so you guys don't have to pay for it, but i don't have his number..." and then he proceeds to tell the story of how last christmas we were freezing for a month, waiting for the plumber to show up, and when he finally did he was without any tools. ha ha. he tries to make it into a joke, meanwhile we still have no heating.

also, we don't see the bills. he takes the bills and pays them and "keeps meaning to get around to telling us how much we owe" but never does. last time we got a house 'bill' it was last year with a pencil-written note on our kitchen table saying how much each person owed since the previous year.

anyway, i won't go on and on, but i finally saved up enough to move out of the house. i did this by refusing to pay rent for a few months. now i've found a place, have moved in, and i've offered to pay the debt that i owe him for the rent in monthly installed amounts that i can afford (even though i don't think he deserves it. i want to pay the debt to clear my own honour and conscience). i believe that he was lax to press me on paying rent during the last months when i've been saving up for a new place because the longer he keeps someone in the house the more 'invisible bills' he can charge.
so, now that i've actually moved out of the house and am out of his range, he's furious that he doesn't have the money. there was never anything signed when i moved in, and he obviously doesn't keep a rent book of any kind, and all the deposits into his account are cash. nevertheless, he keeps threatening legal action. despite my offers for repayment (which would clear the debt within 6 months), he's threatened to get his solicitor involved to get me to sign a contract, and to tie in my family in the matter (unfortunately he has the contact info for one of my aunts), and to call gardai and have me thrown out of the country (he knows i arrived here on a visitor's visa from the u.s. several years ago but didn't know, until i told him in a recent email, that i've since made my presence registered, etc.) i tried explaining, in an email, that i could have walked away easily without paying him, but that i'm offering to pay my debt so we should come to an arrangement (and that i'm not even charging him for all the work i put into the house). in response he's threatened to sell on my debt to a debt collector who will deal with me accordingly.

so... from anyone who actually read the pertinent info up there, can you offer any advice? what legal grounds does he really have to stand on as we've no written contract and no physical evidence that i lived in the house? can he actually sell on the debt in those circumstances? how do you deal with someone to whom you owe a verbally-agreed debt who refuses to make a personal arrangement to get the debt paid off and instead insists on using the law or debt collectors?

thanks much.
 
anyway, i won't go on and on
:rolleyes:

so in summary:
you lived in a house that was not maintained by the landlord (or his agent)
you have withheld rent for a number of months and have now moved
you offered to pay the owing money in installments but the ex-landlord has refused this arrangement
you would like to know if the landlord can sell the debt or involve the gardai or solicitor

unfortunately i cannot offer advice for your situation, but would recommend you simplify your story so others may help
 
:rolleyes:

so in summary:
you lived in a house that was not maintained by the landlord (or his agent)
you have withheld rent for a number of months and have now moved
you offered to pay the owing money in installments but the ex-landlord has refused this arrangement
you would like to know if the landlord can sell the debt or involve the gardai or solicitor

unfortunately i cannot offer advice for your situation, but would recommend you simplify your story so others may help

ha, yes, thanks for the proffered summary. i do tend to over-describe.

but yes, that basically sums it up.
along with the added detail that i never signed anything or saw a rent book for the house. (which i say, not because i'm trying to get away with something -- because i'm obviously trying to pay him the owed rent -- but because i'm wondering what legal strongholds he actually has or can manifest in this situation.)

thanks again.
 
ha, yes, thanks for the proffered summary. i do tend to over-describe.

but yes, that basically sums it up.
along with the added detail that i never signed anything or saw a rent book for the house. (which i say, not because i'm trying to get away with something -- because i'm obviously trying to pay him the owed rent -- but because i'm wondering what legal strongholds he actually has or can manifest in this situation.)

thanks again.

Contact Threshold

[broken link removed]
 
Contact Threshold

[broken link removed]


i tried calling them several times and always got the immediate message that "all advisors are busy with inquiries, please try again later." i figured they'd have a lot of in-person demands and heard from a friend-of-a-friend who had landlord issues a couple months ago that it was difficult to get an appointment with them, so i sent them an email, but still haven't heard back. i suppose it's worth it to actually go down to stonybatter in person to try to be seen.

thanks much.
 
Tell him that you are happy to sort out this mess through the PRTB (Private Residence Tenancies Board) - they have a disput resolution service (see the website). Tenants don't need to register with this crowd but landlords are legally obliged to do so. Chances are that he has not signed up with them - and therefore could be liable to outstanding fees, tax, tc. He'll need to weigh up himself whether or not it is worth his while pursuing you through them. Any contact at all from him and simply say "talk to the PRTB" - explain your side of things to them and let them take it from there.
 
Where are the other 4 persons that you were sharing with ? Go to the PRTB -- this is the best route for you and the worst for landlords. What made you stay in such a dump ?? Bottom line without a written lease there is no contract in place. I would say the bloke was pocketing the rent money for his 'friend' and has said nothing to the landlord.
 
Where are the other 4 persons that you were sharing with ?

the other people are still in the house, still with no heat while he tells them the same story. i wanted to get out before i went through another winter of the same old crap.

What made you stay in such a dump ??

when i first moved in i was hopeful, only seeing the good things about the place, looking forward to doing a bit of "fixing up" when i had the time. to make it more personal, etc. so i didn't notice the leaks coming up through the floor in the bathroom, and when i first arrived they'd just painted over the water damage in the kitchen (his prefered "solution" to that problem, apparently). also, i'd moved in during the summer, when (even though it was a chilly irish summer) we didn't need the radiators until the winter months. then i just installed a spare duvet over my window and got used to wearing sweaters to bed, etc. i'd moved in using all the money i had at the time, and was only earning enough to pay the rent plus food etc, so i quickly got locked in the cycle of working-to-pay-bills-to-continue-working, without having extra to save up to consider a better place.

plus (and perhaps the most understandable explanation) i had been travelling for years and was finally ready to "settle down" at one address, so i really wanted to make the most of the place, kip that it was. sometimes it takes more time than it should to stand up for your rights/yourself :eek:
 
go to PTRB and make sure you mention it to the guy in advance ...
don't let him bully you - if the house is in such state, you have the right to withdraw the rent
 
Walk. Away.

Block his phone number. Tell your aunt to do the same.

If I was a heroin addict and I owed my dealer a few quid I wouldn't be arranging a payment plan after I'd quit the habit. I've no idea what possessed you stay where you were for 3 years but now that you're out of there don't look back.

You owe this person nothing and are under absolutely no obligation to anyone other than yourself. Stop communicating with this person and get on with your life.
 
Tell him you're not paying anything as you consider that the Landlord did not keep up his side of the agreement i.e. the provision of rented accommodation that meets legal H&S standards (quite a few breaches mentioned in OPs post) and that you are considering seeking the return of all the rent paid during the period because at no time did the accommodation reach minimum legal standards. Tell him that you will be doing this thru the PRTB dispute resolution service.

Chances are that if you tell him the above, you wont hear from him again, though I would still report him to the PRTB for substandard conditions - anyone who rents from him in the future is entitled to live in a safe environment.
 
just to follow up, i met with an advisor from Threshold today. he said that i am doing the right thing by trying to make arrangements to pay the man back, that the landlord (or any agent acting on the landlord's behalf) is entitled to receive rent from me for as long as i've lived there. as for the substandard conditions, they apply / come into effect wherever i can provide documented evidence that i made formal complaints the landlord along with a reasonable amount of time for these things to be fixed. as it was all just verbal questions and answers and after a while i learned to just give up expecting anything from the guy, i have no written / documented evidence to support those claims. i'm to try to continue on the current path of trying to settle the outstanding balance owed between ourselves, and if the landlord doesn't comply and wants to do things differently then i'm to get in touch with Threshold again and they will begin a non-aggressive mediation where they call the landlord and explain that i've been in touch with Threshold over the matter and they are aware of the debt owed and the living conditions and would advise him to come to a reasonable agreement without taking the next step which is to get PRTB involved. if that doesn't work then PRTB it is.
i would be able to argue the owed amount down if i could provide the above mentioned documentation for my own maintanance/repairs efforts and the substandard conditions, but, again, i have no such evidence.

i also asked the Threshold advisor about the heating situation, how we were paying for multiple oil tanks which provided minimal heat to a faulty plumbing system as well as the extra cost of electricity while we used our personal heaters in the periods where we waited for the plumbing to be fixed. he said that, unfortunately, whatever resources you used, you used, so you would owe for those bills.
that seems logical though unfair, but then so do other facts of life.

what i want to do is walk away, certainly. but i owe the man some rent, so i'll pay it. what i don't want is to start a war, legally or otherwise, and i don't want to pay him X amount and them have him say that i never paid him or that i owe him more (which is what i feel he's likely to do). last year he appeared at the house and started cursing my head off about how i had missed a month's rent when i very much had not, and when a friend of mine who'd only lived there for a few months went to move out he told her that she never gave him a deposit.
if he isn't a bad person then he's at the very least uncareful, irresponsible and certainly unprofessional. i just want to be clean of the whole situation.

thanks for the tips, all.
 
God, I find it hard to believe there are still landlords out there who act like this ?!?!!?

Were you not aware that you are entitled to certain things (rent book, copy of utility bills if he was paying them, decent living conditions etc).

I would imagine he is not registered with PRTB as he seems to be doing numberous things to indicate such (paying utility bills, no rent book, contract etc). You said you would like to just walk away, so suggest he allows you to do so or you will fight him tooth and nail with the PRTB.

PS - if it is at all possible, get photos or are there any other tenants (current or ex) who will back you up (he will most likely do the same to them)
 
i checked with PRTB and they said the tenancy does not appear to be registered with them. but, like i said, i'm not looking to start a war. just to be able to be clean of it with no further attachments.

i only learned about the rent book etc recently, in pursuit of resolutions to the above issues. as for living conditions, i was living in a cave in the woods before this place (reasons), so it was a luxury to just have my own door, plus i usually take it upon myself to fix broken things when and where i can, so it was only after i realised i was dealing with someone who was not being direct and responsible that i copped on to the fact that i was fighting a losing battle when trying to keep the place in good shape. live and learn, i guess.

if anyone in a similar situation has leaned on a landlord with the PRTB suggestion and it 'worked' (as in, gave the landlord some useful perspective) rather than blew up in their face into a legal storm, i'd be ineterested to hear about it.

thanks again, all.

edit:
as for current tenants, there is only the one that's been there longer than i have, and she's much more a diplomat than any kind of fighter and is more or less 'friends' with the landlord and his wife (though she and i have often privately exchanged complaints about the conditions and the way the place is 'run'), while the rest of the people currently living there i don't know at all. they're all new arrivals. when i see them in the kitchen they keep asking when i think the heating will be fixed. i tell them it's anyone's guess, but best of luck with it. i'll try to get pictures before i leave tomorrow, but it's hard to take a picture of the lack of heat, bad internal plumbing, the fumes from leaking oil tanks, and the smell of sewage coming through a bathroom floor. i'll do my best though, just in case.
 
I wouldn't hand any money over to him yet. Ask him to give you an itemised statement stating what you have paid over the three years that you had lived there and which months are still missing. He should give you a breakdown as to what portion you have been paying since there are 4/5 of you sharing the house. Also, ask him for his PPS because you need to claim for rent relief from revenue (lol). I seriously doubt he'll come back with the info. If he doesn't provide you with what you had requested, he does not get his back payment. My guess is you have all over paid for the previledge of living in that dump. Report him to PRTB, that should keep him busy for a while.
 
.

. the house was in a bit of a state so i put in a lot of man hours doing repairs, rewiring, repainting, and general maintanance.
. the sewage that's leaking up through the floor of my bathroom has gotten worse,
the water damage from the bathroom above the kitchen has gotten much worse where along with rust-coloured paint chips caking the surface the ceiling is visibly bowed.
for three years i've been asking for the rubbish in the back garden to be removed, and for three years
(there were three rusting boilers, a rusting oven, bits of chairs and a moldering matress, all stranded in the garden.)
(the neighbours had finall made a formal complaint about the sewage build-up).
constantly the smell of fumes emitting from the shed,
while everyone upstairs freezes,
or relies on personal electric heaters
how last christmas we were freezing for a month,

.

Is this 'house' habited by normal working people? Are the tenant's constantly changing?
 
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