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Renting apartment and no car space?

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  • 25-10-2011 5:20pm
    #1
    8loopy8
    Banned (with Prison Access) Posts: 41 ✭


    hi just started using this boards site good for info .... am renting a 2 bed dublin and need info hear .. the apt has been allocated a parking space in a secure gated complex inside an underground car park open to the public for Tesco etc... but the apt spot is behind gates fob remote .. i have not been given the fob disc or remote after 3 calls to the estate agent dealing with it it is in the contract lease agreement.. that the property is to comply with parking and the space should not be sublet i have paid my month up front and am paying this months today but i am paying for a car spot which i have not got access to there has also been allot of cars stolen in the underground car park in the past few weeks and last week a car used in the kidnapping of sum lad from east-wall was found in the car park it is always full and i have a baby and my gf sometimes has to walk 10mins from the apt entrance with the car-seat and baby and her belongings should there be a percentage of the rent knocked off???? for the inconvenience until resolved ? what do you guys think thanks in advance for replies


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    #2
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    What you said doesn't mean you have a parking space. THe agreement has text about parking but might not say you have a parking space. Standard leases have details but if you rented a parking space it has to be specified as included.

    I could have you wrong but you aren't quoting the part saying you have a parking space just the bit about IF you have one. The LL can rent the appartment and keep the parking space for himself.


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    #3
    8loopy8
    Banned (with Prison Access) Posts: 41 ✭8loopy8


    hi ray the estate agent has told me he is trying to get a fob remote for the gate 5 weeks on noting 3 calls no call backs and the spot is free it states in the contract that the parking space is part of the apartment and must not be sublet which to me means it is part of the rent that i am paying which im not getting


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    #4
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    If you are sure that a parking space is included in your lease:

    Put it in writing (and keep a copy) to the estate agent and give him a reasonable time (7 - 10 -14 days) to comply, after which he, as agent for the landlord is in breach of the landlord's obligations. In this respect, you may have to make a claim with the PRTB for landlord's breach of obligations and you will be looking for damages.

    You could also notify him that failure to comply with the landlord's obligations may give you the opportunity leave the apartment.


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    #5
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    hello

    Contact the managing agent, they may be able to help you. Perhaps there is a key pad where you could enter a pin ? The managing agent may be able to give some help. Perhaps the landlord is not paying his/her management fees in which case they may find it hard to get you a FOB/disc.

    Hope info helps


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    #6
    8loopy8
    Banned (with Prison Access) Posts: 41 ✭8loopy8


    mbiking123 wrote: »
    hello

    Contact the managing agent, they may be able to help you. Perhaps there is a key pad where you could enter a pin ? The managing agent may be able to give some help. Perhaps the landlord is not paying his/her management fees in which case they may find it hard to get you a FOB/disc.

    Hope info helps

    that must be what it is as the estate agent said the place is up for sale from the end of the month but nottings selling so i got a 6 month lease i should have mentioned this thanks but it still says the car park is included i have the pin for the gate but there are clampers clamping and i was warned not to park there as all cars have permeits aswell


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    #7
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    mbiking123 wrote: »
    hello

    Contact the managing agent, they may be able to help you. Perhaps there is a key pad where you could enter a pin ? The managing agent may be able to give some help. Perhaps the landlord is not paying his/her management fees in which case they may find it hard to get you a FOB/disc.

    Hope info helps

    The tenant has no relationship with the Management Agent, they are answerable only to owners. The MA should never give out fobs, access codes or financial information about the owner to a tenant.


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    #8
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    The tenant has no relationship with the Management Agent, they are answerable only to owners. The MA should never give out fobs, access codes or financial information about the owner to a tenant.

    yes they are not a shareholder of the company however our managing agent will help resolve a tenants problems as in the end they are a resident


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    #9
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Sorting a development related problem and giving out info or access are very different things. In this particular case the MA can't give access or sensitive information to the tenant.


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    #10
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    In this particular case the MA can't give access or sensitive information to the tenant.

    Under section 187 of the residental tenancies act 2004, if a tenant makes a written complaint to the owner for something which the MA is responsible for then the landlord must forward it on to the MA. The directors are also obliged to reply indicating the steps, if any that were taken to deal with the complaint. Landlord is obliged to forward this letter to the tenant.

    Hence why our MA tries to resolve tenants problems.


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    #11
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Again you have quoted that particular piece of legislation. Once again the issue is with contacting the landlord, so the legislation isn't relevant.


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    #12
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    Again you have quoted that particular piece of legislation. Once again the issue is with contacting the landlord, so the legislation isn't relevant.

    Ah yes, your on this discussion aswell

    In any case our MA takes calls from tenants and deals with problems they may have. Perhaps this MA might do the same for this individual


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


    You're missing the point. If say...the drain was blocked on the OP's apartment block...the MA could reasonably help the tenant sort that out. Those types of problems are fine for a MA to resolve when contacted by a tenant, it's a development issue.

    In this case the tenant is looking for access to a restricted area, the MA should not even contemplate giving this, the tenant only has a right to access the area through the landlord.

    If the issue is fees, that information is confidential and under no circumstances should a management agent share financial information with the tenant.

    I sound like I'm apologising for agents between both threads, but actually the issue in these cases are between the tenant and landlord and can only be resolved between those two.


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    #14
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    You're missing the point

    No, For our MA if a tenant wanted a key to the refuse shed and asked the MA once the landlord had paid management fees the MA would provide a key directly to the tenant. In fact when keys are changed they are given directly to the tenants and not the landlords

    Th point I am trying to make is that 'ask you management agent' they may help. its only a phone call, what can they do say 'no' is about all.

    On the other hand some MA's may just disconnect your electricity if your landlord does not pay the management fees.


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    #15
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    mbiking123 wrote: »
    No, For our MA if a tenant wanted a key to the refuse shed and asked the MA once the landlord had paid management fees the MA would provide a key directly to the tenant. In fact when keys are changed they are given directly to the tenants and not the landlords

    :eek::eek::eek::eek::eek::eek::eek::eek::eek:

    Seriously?? That MA should be sacked!! There is no accountability between MA and tenant, the "tenant" mightn't even be an actual tenant. That is ludicrous.


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    #16
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    That MA should be sacked!!

    That would be over the top reaction, changing MA is complicated with handover etc

    In any case if key to a refuse shed is left in the mailbox what is the problem? Sent it by registered post to landlord and who knows when the tenant will get it. In the mean time refuse left lying outside the shed as they cant gain access


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    #17
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    mbiking123 wrote: »
    That would be over the top reaction, changing MA is complicated with handover etc

    It's not complicated at all, we did it this year, best thing we ever did!


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    #18
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    It's not complicated at all, we did it this year, best thing we ever did!

    why did you change MA


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    #19
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    The other one dropped their standards big time and were more concerned with charging us their fee than doing any work they were supposed to be doing. The drop co-incided with massive staff changes in the MA, the new guys just weren't interested. We gave them several chances to improve their service but when they didn't we moved on.


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    #20
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    The other one dropped their standards big time and were more concerned with charging us their fee than doing any work they were supposed to be doing. The drop co-incided with massive staff changes in the MA, the new guys just weren't interested. We gave them several chances to improve their service but when they didn't we moved on.

    Advice is to try an resolve the problems, but since you had no joy residents had no opportunity. Make sure new guys got commercial indemnity insurance too a big one to cover the company. Good idea to have directors insurance too in case of a claim, Directors and officers liability insurance
    http://www.consumerproperty.ie/downloads/guide_page16.html
    We thankfully have no problems except for a number who wont pay management fees. One person out of country so unable to summons them to court. The apt is rented out and removing services was considered but MA advised against it


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    #21
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    mbiking123 wrote: »
    Advice is to try an resolve the problems, but since you had no joy residents had no opportunity. Make sure new guys got commercial indemnity insurance too a big one to cover the company. Good idea to have directors insurance too in case of a claim, Directors and officers liability insurance
    http://www.consumerproperty.ie/downloads/guide_page16.html
    We thankfully have no problems except for a number who wont pay management fees. One person out of country so unable to summons them to court. The apt is rented out and removing services was considered but MA advised against it

    We have all of that. New MA is one of the former employees of our previous one! His company know the development but as new kids on the block they are anxious to make a name for themselves for the right reasons. 6 months on and the place is in better nick than it ever was!


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    #22
    mbiking123
    Registered Users Posts: 1,034 ✭✭✭mbiking123


    We have all of that. New MA is one of the former employees of our previous one! His company know the development but as new kids on the block they are anxious to make a name for themselves for the right reasons. 6 months on and the place is in better nick than it ever was!

    good stuff


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