Broke out of lease early.

clk230

Registered User
Messages
9
Here's my story;

Moved in to a house last September '09, signed a 12 month lease through a letting company.
Was never asked for PPS number, nor was I asked to register as a Tenant.

Happy days until I went away in mid December until the 11th of Janurary. I was suppose to come back sooner (5th Jan) but snowed in airports delayed my return.


I got a text from Landlord on the 4th Jan to say he wanted to collect post from house, so I replied that this was fine.
I got a text on the 5th jan to say he wanted to collect post and turn on a tap in the house as weather temps were to drop well below freezing, so I told him to work away as I was delayed and not in the country for another few days.

I returned to the house on the evening of the 11th Jan to find the whole place covered in water, mains pipe in the attic burst flooding the whole house top to bottom.
Light switches were black and burnt, floors and carpets soaked and water was pouring for the ceilings of every room. Some of my personal items wrecked.

I rang him to ask whether he had been to the house but he said no, (he lives 10mins from house). after that I turned off the mains tap, gathered a few small bits and got a hotel room in waterford city for the night.

Long story very short, house was not liveable for Jan or Feb, as it tooks weeks for walls to dry out. Even called round last night and walls are damp, and carpets need replacing.

Prior to my return I had ordered €300 of heating oil which was used up in a few weeks by the land lord to dry the house.

I had paid rent for Jan but only stayed one night there, as the damp smell was too much.

In the meantime, I told him I was moving out and issued notice on the 20th Jan.

I had to move in to anothe house, again rent in advance, deposit etc..


5 weeks later, I have no deposit back, no mention of moneies for the oil that was used to dry the house and was not compensated for nights stay in hotel or Janurary's
rent..( Since I stayed with a friend for Jan i would have expected to be refunded Jan rent.)

I have been in contact with Letting company, but they don't really seem to want to know about it.


I am thinking of going down the route of PRTB.

Any thoughts, have I case?

BTW Landlord was blaming me that because the heating was not switched on the pipes burst which to me is Bull.
 
Thanks,

But still out of pocket, €300 of heating oil, Jan rent, night in hotel, and deposit.

No sign of any contact from LL
 
Unless of course you can come to some agreement which seems unlikely. Legally your (both tenant and LL) only legal route is via the PRTB. (at least at the start).

From the other thread there didn't seem to be clear agreement on who is liable in these cases. Irish houses, or more specifically their plumbing, aren't built to handle those cold temperatures and we don't have any experience in dealing with them either. Our renting contracts, and experience, of either tenants or landlords would have no experience of dealing with it either. I think its a bit of a grey area tbh. I suspect we'll see contracts modified in future to include clauses relating to cold weather responsibilities, for both the LL and tenant.

My guess (and its only a guess) is that the PRTB won't do anything for you or the landlord and will leave you to pursue each other legally yourselves. But they'll take many months to decide that.
 
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