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Landlord not paying service charges

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  • 12-12-2010 3:34pm
    #1
    Registered Users Posts: 1,811 ✭✭✭


    Hey all,

    I've been renting my apartment for the last few years without problem, but I recently had a guy calling to my door purportedly from the management agency. He was less than pleasant and told me that he needed to get in touch with my landlord because he hadn't been paying the service charges on the property. I said I don't have his number (which is true) and I took the guy's number and said I'd get back to him. He got nasty then and told me that there were security cameras all over the apartment complex and that I wasn't to use the communal bins from now on.

    What a git! Now, I'm wondering, as tenant do I have any kind of obligation to the management agency? I'm pretty sure I don't. In fact, I don't think I even should have to try and put him in contact with my landlord. And I don't know what to make of this bin threat!

    I'd say I'm not going to be the last person in this situation as service charges are going to be the last things on landlord's minds. Does anybody have any advice / opinions?

    Thanks!


Comments

  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    While you have no specific obligation towards the management agent, if your landlord hasn't paid his fees, then the management agent is within their rights to remove your access to the bins.

    You need to discuss the issues with your landlord.


  • Registered Users Posts: 1,811 ✭✭✭xoxyx


    Yeah. I was worried about that. Having a bit of hassle with the landlord full stop. I've got PRTB involved already and I can't see me getting the landlord to pay up on this without a battle.

    May just be time to move unfortunately - what a pain!


  • Registered Users Posts: 10,262 ✭✭✭✭Joey the lips


    I would also advise that you are paying the landlord rent. The management co has no right to tell you not to use the bins. Its a health and safety issue and public order issue as such. If the management co have a problem they take it up with the landlord.

    Continue using the bins...and start getting rid of what you dont want to move with you...

    If that man knocks on your door again tell him your contract and his contract is with the landlord.


  • Registered Users Posts: 5,699 ✭✭✭jd


    I would also advise that you are paying the landlord rent. The management co has no right to tell you not to use the bins.

    Why not? It's the management company's bin.

    BTW OP, do you have a car? You may find access to car park removed as well. You're better off getting out of there.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    jd wrote: »
    Why not? It's the management company's bin.

    The management company are obliged to provide bins under the Regulations for private rented dwellings. Non payment of the service charge is not a ground for refusal of the service. They should just sue the landlord.


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  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Jo King wrote: »
    The management company are obliged to provide bins under the Regulations for private rented dwellings. Non payment of the service charge is not a ground for refusal of the service. They should just sue the landlord.

    No, the landlord has the obligation to provide bins for the tenant under the regulations for private rented dwellings, so the onus is on the landlord to pay his fees so that the tenant has access to the bin shed.

    The management company has no obligation to provide access to the bin shed for the tenant.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The management company is the Landlord's landlord. It thus has obligations under the regulations.


  • Registered Users Posts: 1,811 ✭✭✭xoxyx


    Re. the bins, I must dig out my lease and have a look at what's provided for. If the lease entitles me to use of the waste disposal areas or something like that, then I would like to think that it's for the agent to take up with the landlord in the first instance.

    It's a bit of a tricky one though. If push came to shove I'd have to argue that I am not only renting out the apartment, but also the amenities that come with it. I'm almost glad I didn't get a free parking space!

    Just as an aside, the rep from the management agency acting in a fairly aggressive manner. I think that actions like this may become more prevalent and I think that bullying tactics may be a method of choice.


  • Registered Users Posts: 9,338 ✭✭✭convert


    xoxyx wrote: »
    Just as an aside, the rep from the management agency acting in a fairly aggressive manner. I think that actions like this may become more prevalent and I think that bullying tactics may be a method of choice.

    Just in reply to your aside, take dates and times of all the conversations with the rep from the management agency and if he is persistently rude and aggressive then report him to both your landlord and the management agency. I seem to remember a thread on here this week or last where the management agency refused to deal with a tenant due to what they described as threatening and bullying behaviour.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    The management company might be right in what they are saying, but to be fair he is completely out of order taking it up with you. Its an issue between the management company and the landlord, and as such the management company should only deal with the landlord on the issue. I would advise that if this bloke calls to your door again you tell him as much, and advise him that until you hear otherwise from your landlord/letting agent you will be continuing to use the bins, especially if it is in your lease that bins are provided.


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