Apt not as advertised

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flattea2

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Hi

I moved into a new apartment this week. Signed the normal law society 12 month lease. The apartment was advertised as having a washing machine. It turns out it does not (should have checked I know, I know)

I have rang the agent. He said he knew about it but to contact landlord, and although it would be a “big job” he thinks the landlord will do it. I rang the landlord. The landlord says did the agent not tell you? I said no, and it was advertised as having one. He says he will speak to the agent. (I don’t know why it would be a “big job” as its plumbed for one.)

I have taken screenshots of the advert. I note this morning that the advert has been altered to remove the washing machine part.

So what are my options.
1. Give landlord chance to rectify. If he is tardy in getting one in, can I install one myself and deduct from rent? And must he actually provide one now?
2. Does this represent a some sort of breach of contract? There is no inventory list in the lease though.

I’m pretty annoyed – not being able to wash clothes for a year is going to be an issue. I want to give the landlord every chance to rectify this but am trying to suss out all my options.
 
The law requires that a landlord supplies in an apartment (if a communal one is not in the apartment complex) a washing machine and a clothes dryer if the apartment does not have access to an outside garden facility for the sole use of the occupant.

8. Food Preparation and Storage and Laundry
8. (1) Notwithstanding Article 4, this Article shall not apply where the house is let or available for letting by a housing authority under Section 56 of the Housing Act 1966 (as amended) or by a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 .
(2) Subject to sub-article (1), there shall be provided, within the habitable area of the house, for the exclusive use of the house:
(g) Washing machine, or access to a communal washing machine facility within the curtilage of the building, and
(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.
(3) All facilities under sub-article (2) shall be maintained in good working order and good repair.
(4) Responsibility for maintenance of facilities under sub-article (2) shall rest with the landlord.
Click to expand...
If there is no communal washing facilities, write to your landlord (keep a copy) and date it, requesting that he fulfils his obligations by providing a washing/washing dryer machine within 14 days.

Failure to do so will cause him to be in breach of his obligations. You therefore have the option of:
1. leaving the apartment (Written notice of termination giving 28 days notice required).
2. making a claim with the PRTB and claiming damages for inconvenience caused by not having been supplied with required items.
 
On a separate note - even if he does supply a washing machine, you need to rectify the missing inventory list.
 
Thanks to you both,
I want to go down the collaborative route with him first but if there is no commitment this week to sorting it out unfortunately I'll have to write to him.

I should not install one myself though and deduct from rent... is this correct?
 
That is correct, do not alter the property. Its not your responsibility and could get you into other issues.
 
flattea2 said:
Thanks to you both,
I want to go down the collaborative route with him first but if there is no commitment this week to sorting it out unfortunately I'll have to write to him.

I should not install one myself though and deduct from rent... is this correct?
Click to expand...

Do everything in writing as that leaves a paper trail and proof of what you are doing. This is extremely important should the case go to the PRTB. Just talking is letting the landlord off the hook for the moment and will delay the end result.
I have seen this sooooo often where the landlord/agent says he will do something, but given no deadline, the problem goes on for weeks and months.
 
facetious said:
Do everything in writing as that leaves a paper trail and proof of what you are doing. This is extremely important should the case go to the PRTB. Just talking is letting the landlord off the hook for the moment and will delay the end result.
I have seen this sooooo often where the landlord/agent says he will do something, but given no deadline, the problem goes on for weeks and months.
Click to expand...

Thanks, I've told him I'm happy to take a verbal agreement this week on it as long as there is a definitive date on when it will be done, otherwise I'll be writing him that letter on Monday and keeping everything written from then on.

I'm waiting on him to come back to me now.

Aaargh... not a good start.
 
Thanks, I've told him I'm happy to take a verbal agreement this week on it as long as there is a definitive date on when it will be done
Click to expand...
I'm confused. So someone has told you they will supply WM. Was it the agent or the landlord ? One is probably bouncing off the other here. Or was the agent just a letting agent and you now deal with the landlord ?
 
elcato said:
I'm confused. So someone has told you they will supply WM. Was it the agent or the landlord ? One is probably bouncing off the other here. Or was the agent just a letting agent and you now deal with the landlord ?
Click to expand...
Hi
I had tried unsuccessfully to contact landlord yesterday so I rang the letting agent this morning who said it would be best to contact landlord.

The letting agent is only conducting the let of the property so I guess all contact will have to be though the landlord from now. But I had found the agent helpful before so I thought I’d just give him a call.

Nobody has committed to supplying the WM as of yet, the landlord said he would call me back.
 
Hi
I'm actually getting more concerned about what's going on. Tonight I've seen my apartment advertised on daft (exact same pictures) with a new agent at a higher rent. The ad was uploaded during the day (going from the daft.ie time stamp)

I will contact a solicitor in the morning. Any advice in the meantime is appreciated.
 
You should have a look at the PRTB and Threshold websites and get familiar with your rights as a tenant under the Residential Tenancies Act 2004.
 
flattea2 said:
Hi
I'm actually getting more concerned about what's going on. Tonight I've seen my apartment advertised on daft (exact same pictures) with a new agent at a higher rent. The ad was uploaded during the day (going from the daft.ie time stamp)

I will contact a solicitor in the morning. Any advice in the meantime is appreciated.
Click to expand...

If you signed a fixed term agreement, there is no way the landlord can remove/evict you unless you have breached your obligations. Asking for the law to be complied with is not a breach of YOUR obligations. The landlord is at fault.

Write to him setting out your complaints, give him a deadline (the act says "a reasonable time") of 7 days as he seems to be stalling. Also request a reply within 3 days as to when the problem/s will be remedied. It sounds that this may even eventually be a claim with the PRTB for one reason or another.

It is very common not to put the first one or two problems/complaints/faults in writing, thinking that there will be no more issues. How wrong can we be! If in 9 months time, there are further problems it is extremely useful to have a full record of previous issues.

You may find that there will be more problems further down the line and if you have everything in writing, it all helps with any type of claim.

As regards the new advert - he may have a similar property somewhere and is just using the same pics; but as I said above, if you have a fixed term agreement he cannot remove you or he will be liable for illegal eviction which could cost him over 10 grand.
 
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