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Satellite dishes

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    #32
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    pawnacide wrote: »

    P.S. Not everyone posting is a tenant. Ya 'orrible angry little person.

    yes but the OP is, so how about staying on topic its far more interesting than your personal jibes to another poster


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    #33
    pawnacide
    Closed Accounts Posts: 228 ✭✭pawnacide


    markpb wrote: »
    Actually, it doesn't - it is the landlords responsibility to ensure their tenant is aware of the house rules. The new MUD bill specifically states this just to reinforce the fact.

    It doesn't reinforce if its not there before, which it wasn't.


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    #34
    markpb
    Registered Users Posts: 9,304 ✭✭✭markpb


    pawnacide wrote: »
    It doesn't reinforce if its not there before, which it wasn't.

    The lease agreement is signed between the owner and the management company.
    The tenancy agreement is signed between the owner and the tenant.

    It is up to the owner to make sure himself, any occupant or any tenant complies with the rules in the lease agreement. It is not up to the management company to make the tenant aware of anything. In much the same way, it is not up to the management company to make any partners, friends or children aware of the house rules.

    Stop trolling.


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    #35
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    Paulw wrote: »
    Good luck with taking such a case to court...
    I have no reason to given that I dont plan to live in an managed residential development in the foreseeable future.
    Paulw wrote: »
    I could never see it happening (due to cost) and it would still be complex.
    Small claims court ?
    Paulw wrote: »
    It is up to the landlord to ensure that the tenant is aware of the rules.

    :confused: For someone who seems to (eventually) agree with just about every point I make you seem to be very argumentative ?


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    #36
    pawnacide
    Closed Accounts Posts: 228 ✭✭pawnacide


    markpb wrote: »
    The lease agreement is signed between the owner and the management company.
    The tenancy agreement is signed between the owner and the tenant.

    It is up to the owner to make sure himself, any occupant or any tenant complies with the rules in the lease agreement. It is not up to the management company to make the tenant aware of anything. In much the same way, it is not up to the management company to make any partners, friends or children aware of the house rules.

    Stop trolling.
    1. What's trolling?
    2. You're wrong

    It's up to the management agent to enforce the rules of the management company. If it's not its a very loose management agreement.


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    #37
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Mike 1972 wrote: »

    Small claims court ?

    Small claims court is not for this type of case. You would have to take a civil case to the District course, so you would need a solicitor and barrister, hence the cost. I can't ever see someone taking such a case.
    pawnacide wrote: »
    You're wrong

    It's up to the management agent to enforce the rules of the management company. If it's not its a very loose management agreement.

    No, it's clear to all that it's you who are wrong.

    Yes, it is up to the management company (through the management agent) to enforce the rules, however the obligation resides with the landlord to inform the tenant of these rules. The management company/agent shouldn't need to interact with the tenant, as their interaction should be with the landlord who is a shareholder in the management company, since that is where the legal contract resides.

    Have to agree with the others .. major troll.


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    #38
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    Paulw wrote: »
    Small claims court is not for this type of case. You would have to take a civil case to the District course, so you would need a solicitor and barrister, hence the cost.

    Landlord/tenant disputes are frequently heard in the SCC. Alternatively a tenant in this situation could default on the lease withold rent and wait for the landlord to attempt to sue them and represent themselves in court.............


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    #39
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Mike 1972 wrote: »
    Landlord/tenant disputes are frequently heard in the SCC. Alternatively a tenant in this situation could default on the lease withold rent and wait for the landlord to attempt to sue them and represent themselves in court.............

    True, the SCC does hear some landlord/tenant issues, but this would not fall under the remit of the SCC (according to the Small Claims Court information).

    Withholding rent because they can't use a satellite dish? Seems a bit OTT. I would see that the PRTB would have no choice but to side with the landlord.


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    #40
    pawnacide
    Closed Accounts Posts: 228 ✭✭pawnacide


    Ok can we get back to the real world now. It's the management agencies dealing with these issues and not the landlords. Ever heard of a mangement agent doing anything he doesn't have to ?

    Could it possibly be because he's contracted to do it ?

    AND WHAT THE HELL IS TROLLING.


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    #41
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    Paulw wrote: »
    Withholding rent because they can't use a satellite dish? Seems a bit OTT..

    Witholding rent because they cannot enjoy peaceable enjoyment of their home* on account of terms and conditions attached to their occupancy which a landlord neglected to to inform them of when entering into the lease is perfectly reasonable.

    * And before you try to argue whether watching television constitutes "peaceable enjoyment" for a pretty sizeable proportion of tenants it will the main activity they will be planning to be engaged in the waking hours they spend on the premises.


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    #42
    pawnacide
    Closed Accounts Posts: 228 ✭✭pawnacide


    Not to hang or allow to be hung from any window or balcony any clothes or other articles for drying or any other purpose or expose same therein and not to exhibit or affix any signboard poster or advertising matter or any flag or banner or satelite dish outside the premises or in the windows or doors thereof.


    Happy now..


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    #43
    pawnacide
    Closed Accounts Posts: 228 ✭✭pawnacide


    Mike 1972 wrote: »
    And before you try to argue whether watching television constitutes "peaceable enjoyment" for a pretty sizeable proportion of tenants it will the main activity they will be planning to be engaged in the waking hours they spend on the premises.

    As most blocks provide some sort of TV reception couldn't you argue that satelite tv is not essential to peaceable enjoyment. I know many who'd swear by it. That could open the argument up to acceptance of satelites that recieve foreign stations only.


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    #44
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    pawnacide wrote: »
    Happy now..
    Who is this directed at ?
    pawnacide wrote: »
    As most blocks provide some sort of TV reception couldn't you argue that satelite tv is not essential to peaceable enjoyment.
    You could and you could also argue the contrary
    pawnacide wrote: »
    foreign stations only.
    BBC ? CNN ?


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    #45
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    There is a clause in our lease agreement that says that if you rent out your unit it is up to you to ensure that your tenant complies with development rules/clauses of the lease agreement. So it is up to the landlord to deal with the tenant.

    A Management Company and Agent should have no interaction with a tenant, any correspondence or issues should be dealt with via the unit owner, unless in the case of an emergency.


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    #46
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    athtrasna wrote: »
    There is a clause in our lease agreement that says that if you rent out your unit it is up to you to ensure that your tenant complies with development rules/clauses of the lease agreement. So it is up to the landlord to deal with the tenant.
    A Management Company and Agent should have no interaction with a tenant, any correspondence or issues should be dealt with via the unit owner, unless in the case of an emergency.
    Does that mean that the management agemy should have dealt with me having a satellite via my landlord rather than taking the satellite directly themselves?


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    #47
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    That means they should have sent the warning letters to your landlord who was responsible for ensuring that it was taken down. If the dish wasn't removed then the agents were entitled to enter Management Company property to remove the dish.

    Our agent sometimes sends letters to the tenant and ccs to the landlord but most of the time deal directly with the landlord. The directors issue a newsletter every 6 or 8 weeks or so to remind people of the rules and the consequences (eg dishes being removed if not taken down) as well as giving updates on local issues, roads etc. This newsletter is dropped to every unit and posted to landlords so that all residents and owners know what's going on and are reminded of the rules.


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    #48
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    athtrasna wrote: »
    That means they should have sent the warning letters to your landlord ........

    Assuming of course the management company rules/lease agreement in all these cases are similar which is not necessarily the case ?


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    #49
    Mike 1972
    Closed Accounts Posts: 8,018 ✭✭✭Mike 1972


    OP would either of these products (1) (2) help resolve your problem ?


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    #50
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Mike 1972 wrote: »
    OP would either of these products (1) (2) help resolve your problem ?
    Yep, I got a SelfSat :) Surely people cannot give out these make a development look ugly.

    116030.jpg


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    #51
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Not necessarily but you're probably still technically breaking the development rules...


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