A Galway woman and her son were issued a notice of termination over what turned out to be 60 cents of rent arrears in a property with water flow so tame, the pair had to join a hotel gym just to take a shower.
An RTB (Residential Tenancies Board) tribunal heard that an agent working on behalf of Xerico Ltd., a Cyprus-based property company, “ignored” the tenants’ pleas for their water issues to be fixed, even going so far as to hire a plumber themselves out of their own pocket.
The tribunal heard that the mother of the pair emailed the agent responsible for the Ballybane dwelling “numerous times” to say the apartment, in a home converted to apartments, was in “terrible condition”. However, the Tribunal noted that there had been “significant outlay by the landlord in the more recent past, not just on repairs and maintenance but also on replacing items which were faulty or had come to the end of their useful lives”.
The tribunal noted that the landlord had provided a new fridge, a new gas boiler, a new living room suite, a new toilet, new beds, a new cooker hood and new shower doors. The Tribunal said it was “satisfied that the landlord is responding to issues raised and is complying with landlord obligations in this regard.”
In her emails, the mother also informed the agent that the water flow was so poor that she and her son were forced to apply for membership at a local health centre and gym at a nearby hotel so they could wash themselves. A witness told the tribunal that she had visited the home. She observed black mould on the walls, and explained that the toilet did not flush. A bucket of water was used instead.
The tribunal heard that the woman hired a plumber out of her own pocket, but that this fix could only guarantee 10-15 minutes of slow-flowing water at a time, with a 45-minute wait for more water once that initial flow was expended. In 2022, a new agent was appointed. But, even after a series of repairs were made, the water was still but a trickle “barely enough to wash hands or some plates.”
The Residential Tenancies Board, in accordance with section 121 of the Residential Tenancies Act 2004, order Xerico Ltd. pay their tenants €1,500 in “damages for breach of landlord obligations in respect of the standard and maintenance of the dwelling.”
The tribunal found that the “Tenants do not have adequate water supply to shower and wash their dishes, which is a breach of Housing Regulations”, they rejected the submission from Xerico that the issue was only resolvable by Irish Water and Galway City Council and that the cause of the water pressure issue was external to the property. The tribunal remarked it was “unlikely that everyone who lives in the area has insufficient water to do their washing up.”
Read More
Related Articles
In April 2023, a notice of termination was served to the mother and son living at the apartment in Ballybane. They notice cited rent arrears and submitted that the apartment was “not being kept clean”. However, the RTB tribunal judged the Notice of Termination with a date of service of 11th of April 2023 was invalid. The tribunal heard that that the condition of the apartment was due to the lack to water flow for cleaning.
It was also noted by the tribunal that claims that the issues over the state of the dwelling and water pressure were only brought to the attention of the landlord after the notice of termination was issued in April 2023 to be unfounded, noting that the tenant had produced email correspondence with the RTB from as far back as February 2022 outlining issues with the landlord and with the apartment.
The tribunal also rejected the notice of termination issued on April 2023 after it “conducted a careful cross-reference of the Tenants’ bank statements and also the letter from HAP of the 8th of December 2022, stating that the HAP payments would commence from the beginning of the HAP tenancy, which would be the 19th of December 2022, it is apparent that the full amount of arrears were discharged within the requisite time period.”
They explained that “bank statements show that the Tenants paid €1,070 on the 22nd of November2022 leaving a shortfall of 60 cent.
“The first named Tenant sent an email to the Agent onthe 22nd of November 2022 (the same day the 28 day warning Notice was received) stating that the debt of €1,070 had been paid from her account and her son’s account in two payments. There was no response submitted in the case files from the Agent confirming receipt.
“It is unfortunate that there was not, because it is quite apparent that the 60 cent shortfall was an oversight and the total arrears had not in fact been cleared by that payment. There were ample funds in theTenants’ bank accounts to clear the 60 cent then and there if that oversight had been brought to their attention.”
Read More
Related Articles
Read More
Related Articles
The tribunal found that the tenants were just 60 cents in arrears on the date the Warning Notice over the arrears was issued: “The rent statement records that the Tenants had a zero balance on their account on the 21st of December 2022, which was one day after the expiry of the 28 days. It is clear that they were attempting to address the arrears and had cleared all but 60 cent on the very same day that the Warning Notice was received.”
The tribunal also rejected claims of a later €5,600 arrears: “The Tribunal also had regard to an email from the Agent to the Tenants dated the 21st of July 2023 where she stated that they owed €5,600.60 in unpaid rent. On review of the rent payment statement it is clear that the Tenants never owed arrears of that amount, and in fact on the 21st of July 2023, they owed €483.60, which was then reduced by their HAP payment by the 24th of July to €38.10.
“In all the circumstances, the Tribunal is satisfied on the balance of probabilities that the Tenants did clear the full rent arrears of €1,070.60 within the 28 days following the receipt of the 28 day Warning Notice. The Landlord was therefore not entitled to serve a Notice of Termination in reliance on thatWarning Notice some four and a half months later on the 11th of April 2023.”
The tribunal concluded as it rejected the notice of termination: “The Agent for the Landlord submitted that by the expiry of the 28 days, the account was still in arrears, but in fact the amount owing at that stage was not the arrears referred to in the Warning Notice, rather it was the rent which had fallen due on the 1st of December 2022.”
Join Galway Beo’s top stories and breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.