Rented Accommodation Issues

Everywhere I look, including my lease agreement it states that all repairs are to be completed by the landlord.

What is a tenant to do? Stick to the terms of the lease, and be completely ignored? Do it one's self, meaning that the landlord is not sticking to their part of the lease?

All the information I have comes directly from Threshold where it states that repairs and maintenance you should inform the landlord in writing, it states the same in my lease, but yet nothing is to happen.

A rental payment has never been missed on this property. Trying to depict tenants who are trying to have the property rented being a good standard as some sort of trouble maker is not the best.

Is this not a case of a bad landlord?

In what case could one describe a landlord as a 'bad landlord'?
 
Why do you not want to move from what seems to be an unsuitable house for your family? Is your rent a lot lower than it would be in a similar but more habitable property? Are there no other properties available in the same area?

Just trying to understand why you do not move?? You are correct in your position, but unfortunately you look to be fighting a losing battle. Why put yourself through further stress to prove that you were right.

Imagine yourself and your family in a different nice cosy house with no broken windows etc....
 

Bronte, only quoting some of my text would give a reader a misperception of what I actually said.

The landlord I am sure is treating the property as an investment/business which has it's associated costs (probably mortgage repayments), I am not as shortsighted to not believe that, and if he makes excess rental income above this then fair play to him.

But the landlord is the service provider, I am the customer, is it not the customers perogative in any commercial transaction to seek the best terms for themselves along with trying to enforce the terms of the transaction as agreed by both parties.

I am just trying to get the terms of the contract which I signed to be actually implemented.

I am sure other renters have had similar issues to myself here where the landlord (or letting agent on the landlords instruction) has chosen to ignore all issues raised as they feel that by providing the premises for rent that they have fulfilled their part of the contract while choosing to ignore the facts that all properties require upkeep. That and not coming back atall, either positively or negatively, to all issues raised is quite frustrating.
 
You could bring a case to the PRTB against your landlord for breach of his legal obligations with regard to maintenance of the property under the Residential Tenancies Act 2004. It is important to document all your dealings with the landlord or agent. You can bring a case even if the tenancy is not registered with the PRTB.
 
Nidot said:
I am just trying to get the terms of the contract which I signed to be actually implemented.
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From your opening post:
Nidot said:
Sorry for the length of the post I guess I just wanted to get an idea of where I stand before signing another 12 month lease.
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I think you know where you stand .... you're going to have the same battle as you had with your last contract period.

Your current contract has ended .. nothing sorted. It's too late to fight the last battle ... it's over.

I don't understand (like QED and others, including myself) why you just don't move to a property that will be suitable for you and your family.

It's beginning to look like you're just egging for a fight.
 
Have you advise the landlord in writing of the issues?
Did you keep a dated copy of the letter?
Do you have proof of posting (certified delivery, registered post) or delivery by hand to the landlord's address?
Did you give him a time frame in which those issues should be remedied?

Before you can make a successful claim with the PRTB, you need to have advised the landlord (in a claim you will need proof, hence a copy required) and given him a reasonable time to remedy the problems.
 
Like diver I am a landlord too and my advice would be the same as that given by diver. You have been given very good advice by all of the posters from different perspectives.
I will just say to you " get yourself and your family out of that house and move on with your life". The landlord is not going to change and the problems will remain and will continue to annoy you. It is not worth the hassle.
 


Facetious what are the benefits in contacting PRTB?
 
Nidot said:
Facetious what are the benefits in contacting PRTB?
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If you contact the PRTB amout a matter, they will only give you some general information - the PRTB are not an information service.
One of their main functions is to provide an adjudication service (to lessen the load on the courts for "minor" problems).

If the PRTB give you sound advice, that would put in question their impartiality if a claim was made to the PRTB on some point of law. It is exactly the same way that the courts function.

If you have the proof that is required for a claim, make the claim. As I pointed out in a previous post, you are legally required to have advised the landlord of any issues and given him "a reasonably time" in which to remedy said issues. The RTA 2004 does not define a reasonable time but it is usually taken to be 14 days (i.e. similar to someone who is in rent arrears, where a 14 day notice is served on the tenant and if all outstanding arrears are not paid within that time frame, a notice of termination may then be served on the tenant).

One reason for "a reasonable time" is that certain repairs may necessitate order spare parts which are not readily available and may well take a month or more. If a landlord has attempted to resolve the issue and is continuing to do so (proof of ordering parts which are not in the country is sufficient) then the landlord is deemed to have fulfilled his obligations.

If the landlord has failed to remedy the matters within the reasonable time frame, taking into account any difficulties the landlord may have in fixing the problem then you are free to terminate the lease in the required manner and with 28 days notice period.

Alternatively, if you wish to remain in the property, then you should make a claim with the PRTB to have the issues resolved and to claim for damages for the landlord's breach of obligations.
 
facetious said:
Alternatively, if you wish to remain in the property, then you should make a claim with the PRTB to have the issues resolved .
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How long do you think it will take for the PRTB to force the landlord to make the repairs? Don't you think Nidot would be better off leaving the property?
 
Bronte said:
How long do you think it will take for the PRTB to force the landlord to make the repairs? Don't you think Nidot would be better off leaving the property?
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"A reasonable time" - but reasonable in this context could be any where between 3 months (if you are extremely lucky) and several years.

However, damages awarded my be worth the wait.

A lot depends on how well settled the OP is in his location, schools, transport, commute to work, friends, even the amount of rent, apart from the deficiencies of the house in its current state, it may be a great place, etc. as opposed to the hassle and stress of finding a new place, moving, new landlord may not be better - the devil you know is better than the devil you don't know, etc.

Only Nidot knows this position.

However, if the OP did as I suggested in a previous post - write, setting out the issues and set a time frame for the issues to be resolved, he might just get the landlord to comply. If he also point out that these are landlords obligations under the RTA 2004 and failure to remedy the matters within the time frame, the landlord would be a breach of obligations and leave himself open to a claim with the PRTB which would almost certainly involve damages being awarded to the OP which could easily be in the 4 figure sum, especially as this is a long running situation (provided Nidot has proof of requests to remedy the matters.
 
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