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[Article] Court tells tenants they have to pay service charges

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  • 05-03-2006 7:26pm
    #1
    Victor
    Registered Users Posts: 78,392 ✭✭✭✭


    http://home.eircom.net/content/unison/national/7524959?view=Eircomnet
    Court tells tenants they have to pay service charges
    From:The Irish Independent
    Saturday, 4th March, 2006

    Tim Healy

    TWO householders involved in a dispute over management companies were yesterday ordered by a court to pay their service charges.

    Conor Walsh and Cletus Okonkwo live in the Bishop's Orchard and Curragh areas of an affordable apartment/housing development at Tyrellstown in Mulhuddart, Dublin.

    They were contesting service bills served on them by Tyrellstown No 1 Management Co Ltd, which is owned by Smith Property Management Co Ltd.

    The men claimed that the developer had no right to pass on maintenance duties to a private company.

    These responsibilities should have been taken over by the local council as has been the practice in estates like this up until recently, they said.

    The management company argued they were legally responsible for the maintenance of communal areas in apartment complexes like this.

    Smith Property had taken over the management role from a previous company which had been put in place by the developer, Glynn and Larkin Construction Ltd, in 2002, Dublin District Court heard.

    Alistair Rutherdale, counsel for the pair, said there was an obligation in the planning permission for the developer to maintain the estate until it was ready to be taken on by the council.

    Elizabeth Dunne, for the company, said that it was a simple debt case and full audited accounts had been provided to the defendants.

    Judge David Maughan said the right of the company to levy the charges was "irrelevant" to these cases and a matter for separate proceedings.

    He made decrees of €937 against Mr Walsh and €248 against Mr Okonkwo and ordered them to pay costs.


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