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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2255
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I need advice on contract law, or i think it is contract

Customer Question

hi, i need advice on contract law, or i think it is contract law, on a pending court case where i am the defendant
Submitted: 1 year ago.
Category: Republic of Ireland Law
Customer: replied 1 year ago.
i signed a lease agreement with a landowner in 2008, the fee was to be paid through an auctioneer. i received a call from the landlord requesting i pay direct to him, i agreed on the basis that half the auctioneers annual charge be subtracted from the rental price. i lost some animals on the property due to the state of the lands, which were not apparent at the time of signing, i tried to contact the landlord by phone, text and letter, requesting works be completed to make the land safe, my final communication stated, that i would do the works and subtract it from the rental fee, i gave a deadline, i got no reply. i carried out the works and subtracted the amount from the rental fee. i began receiving threatening phonecalls from the landlord. after the crash i lost in the region of €20000, reduction in state grants and market prices, i sent letters seeking a rent review, the last stated that if he did not reply i would assume he consented to a reduced rental fee, i then received a number of solicitors letters threatening eviction if i did not pay up in full, i employed a solicitor, where i presented my correspondence and i instructed to invoke the rent review clause in the lease as i needed to cut costs, the landlord refused, i left it to the solicitor to sort out the matter, i heard nothing for years, in 2014, i began getting letters from a solicitor demanding payment for 12000, i consulted the same solicitor as i believed the matter had being sorted out at a reduced rental fee, subsequently i found out later from the auctioneer that an extra 1000 per year was added to the initial rental fee, because i had insisted on a rent review, i was not made aware of this at the time, also the landlord did not own the land at the time, lives at different address to the one given to me, he has denied receiving any letters from me. my solicitor says i am fully liable. i need a second opinion. thank you.
Expert:  Ronan replied 1 year ago.

In the first instances, you were not entitled to unilaterally reduce the rent or deduct cost of the repairs from the rent without the agreement of the Lanldord and you are liable for this. Silence is not consent. The landlord cannot remains silent at his peril.

In relation to the rent review clause, if this cannot be agreed there is a usually a clause which provides that it is sent to arbitration. Again, you appear not to have agreed to anything in relation to this nor were you afforded an opportunity to agree to anything. The same principle applies, your silence cannot be deemed consent