BER cert - how to make sure there is no conflict of interest?

Xiney

Basically, our lease won't be up until the end of August 09, but when it does come to an end I'd like to get the BER cert we'd be entitled to in order to make an informed decision on continuing the lease or as a bargaining tool if we decide to stay. I have an educated guess that this place, although it is only 18 months old, would score low on the scale (at least I'd hope so, otherwise the scale is worthless!)

However, since the apartment is owned by the construction company that built it, there is a good chance they have someone on staff or at the very least have a personal contact who is certified by the SEI to do BER certs who would be in the position to give the apartment a more favourable rating than it deserves as a favour to the owners (who might be their boss).


How can I make sure to get an independent BER assessment?

astrofool

You're not entitled to a BER cert unless you are going to be moving to another property, existing tenancies are not effected, including renewals of the same tenant.

grumpytrousers

you make a good point in general that the BER cert is furnished, in general terms, by the owner of a property to the purchaser/renter. In other words, party A funds the survey, but party B effectively 'relies' on it, but they've no relationship with the surveyor that they might be able to sue if it became apparant they'd not done their job properly.

Xiney

astrofool wrote: »

You're not entitled to a BER cert unless you are going to be moving to another property, existing tenancies are not effected, including renewals of the same tenant.

I've heard conflicting information on this. Thought I had it sorted out but I will have to do more research.

I did find this:

BER Certificates have been legally required for all new homes for which planning permission has been applied for since the 1st of January 2007. Since the 1st of July 2008 ratings have been required for new non-domestic buildings offered for sale or rent. The final phase of the rating rollout in Ireland will commence on the 1st of January 2009, when they will be required for all existing buildings offered for sale, rent, or lease renewal.

source: http://www.nea.ie/index.php?option=com_content&task=view&id=129&Itemid=67

brianmacl

Xiney wrote: »

Basically, our lease won't be up until the end of August 09, but when it does come to an end I'd like to get the BER cert we'd be entitled to in order to make an informed decision on continuing the lease or as a bargaining tool if we decide to stay. I have an educated guess that this place, although it is only 18 months old, would score low on the scale (at least I'd hope so, otherwise the scale is worthless!)

However, since the apartment is owned by the construction company that built it, there is a good chance they have someone on staff or at the very least have a personal contact who is certified by the SEI to do BER certs who would be in the position to give the apartment a more favourable rating than it deserves as a favour to the owners (who might be their boss).


How can I make sure to get an independent BER assessment?

you can hire an assessor yourself. if you really want to get a good priceon your rent the way to do it would be let your leas role over. Don't renew it, you don't need to you have a part 4 tenancey under the 2004 PRTA, and assuming you signed the General Law society Lease your lease roles over and then becomes a roling one month lease.

At that point wait until about Dec, rents drop massively when the glut of students are gone. find some comparables, preferably what the properties are renting for and then request a rent review. you are allowed one a year but these are not limited to the time of year the lease was tanen from or expires.

Also as i have pointed out in another post I don't believe that SI666 as it stands can really be inforced, so even they may not even bother getting an assesment.

Finally apartments tend to score better than houses especially if they are mid floored and with other apartments either side. as heat would not be lossed through the ceiling, floor, or two of the walls.

Xiney

Thanks! That's some really good advice on getting our rent reduced

brianmacl wrote: »

Finally apartments tend to score better than houses especially if they are mid floored and with other apartments either side. as heat would not be lossed through the ceiling, floor, or two of the walls.

I doubt this apartment will score well. It's not so much an apartment as the ground floor of a semi-detached house, so we share one wall and ceiling but we have heat being lost through three walls and the floor.

It should score poorly, really. It loses heat really easily.

brianmacl

Glad i could be of assisstance. pm me closer the time if you need any further advice. or read up on the 2004 PRTA or the PRTB. Hope they are registered with the PRTB otherwise they have really left themselves open to you taking the mick in a royal maner

Xiney wrote: »

Thanks! That's some really good advice on getting our rent reduced