Property Management Company won't let us speak to the landlord

Paddy Cow

I moved into an apartment three months ago on a six month lease through a property management agency. When we moved in, there were three windows which weren't working properly. One of them wouldn't open at all in a bedroom. Three weeks later it was fixed and we got €150 off the rent. This was after I went into them and said that it was unacceptable that we had been allowed to move in without being told there was a problem, as both myself and my flatmate could have stayed in out old apartments while it was getting fixed.

Three months later and the other two windows still aren't fixed. One of them is in the living room and won't open at all. It's an open plan living/kitchen area and the only ventilation we get is when it's not raining and we can open the balcony door. Obviously this isn't very good as we dry our clothes in the living area and with the humidity in the summer it was always super stuffy.

The window in my bedroom used to open a little bit and the guy they sent out to look at it broke it and now it won't even close. Given that we are now heading into the coldest time of the year, I find it unacceptable that they still haven't fixed it. I called into them two weeks ago and told them that I wasn't happy at all. She asked me if I wanted to move out and that was pretty much my only option as "they are working on it and these things take time". The only solution she could offer to me about my window was to get it permanently closed until the window was replaced (and they couldn't say when that would be). I said that was not a solution as there is already inadaquate ventilation in the apartment.

I asked to be put in contact with the landlord as I felt that I was not getting proper service from the management company. She refused point blank and was incredibly rude and unprofessional. She started saying that our apartment wasn't the only one she had to manage and I told her that that wasn't my problem. I got the distinct impression that she wanted us to move out so that her life would be easier, but even if we moved, they would still have to fix the windows.

I would like to speak to the landlord to try and get this matter resolved asap. I rang the window company and they said it would be €1190 to get the two windows replaced. I don't know if the landlord is refusing to replace them or if the management company just hasn't told him. The windows were all broken before we moved in so god knows how long they have know about it and simply not done anything.

Sorry for the long post but I wanted to give as much info as possible. What I want to know is do they have the right to refuse to tell the landlord I want to speak to him? Apart from the issue with the windows, I love the apartment and would rather sort this out amicably with the landlord instead of having to lodge a formal complaint with the PTRB.

The windows are like this. They can tilt or open out fully.

amdublin

I'm sorry, but from that picture you've posted I can't actually tell what is wrong with the windows

Edit.
Oops! Ive just re-read your post. They are stuck open??? Coming into winter! That's crazy stuff.

Paddy Cow

amdublin wrote: »

I'm sorry, but from that picture you've posted I can't actually tell what is wrong with the windows

It's just a picture I got off google, not the actual windows. The windows are supposed to either tilt or open fully. One of them won't open at all and the other is stuck on the tilt position and can't be closed, which makes my bedroom really cold all the time.

Paddy Cow

amdublin wrote: »

I'm sorry, but from that picture you've posted I can't actually tell what is wrong with the windows

Edit.
Oops! Ive just re-read your post. They are stuck open??? Coming into winter! That's crazy stuff.

That's exactly how I feel but the way the woman reacted you'd swear that I had asked her to murder a baby. She tried to make out that I was being unreasonable and not giving them enough time to get the problem sorted. I think three months is more than enough! I told her I would have to complain and she told me I could complain all I wanted. Her attitude was appalling.

miss no stars

Isn't the lease supposed to contain contact details for the landlord? Try there maybe?

djimi

Are the landlords contact details not on your lease? Legally they are supposed to be.

Paddy Cow

We never got a copy of the lease. Signed it but forgot to take a copy of it *facepalm*. I'll request a copy of it tomorrow.

odds_on

Not sure how many times I've posted this, but here it is again:

What to do if there is a problem your accommodation
The Residential Tenancies Act 2004 states in Part 2, Section 16:
(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

This is very important. Very few tenants actually do this correctly, as a result, repairs or problem issues are not remedied and the tenant is constantly phoning or texting the landlord. This goes on for weeks and weeks if not months. Never ever rely on verbal agreements for repairs etc. either before signing a lease or once you have taken up occupancy.
If the tenant has an issue with anything in the property (appliance failure, pest infestation, problems with windows, floors, leaks, heating, etc) that the landlord should maintain under his obligations, then the following steps should be taken:
1. Advise the landlord immediately either by phone or text.
2. Follow up immediately by writing to the landlord (keep a copy), date it and state the failure and give the landlord a reasonable time to remedy the failure. A reasonable time would normally be 7 – 14 days but may be less in serious cases. If the tenant does not give the landlord a time limit for the rectification of the failure, the problem will to drag on and on and on …….
3. Under normal circumstances, if the landlord does not rectify the failure within the time limit then he is in breach of his obligations. However, if he has to wait for new parts, then he would not be considered in breach as this is out of his control.

If you have done the above, and the landlord has not remedied the problem then you should be free to leave after a written Notice of Termination (usually 28 days notice but could be 7 days in cases where serious injury or damage to tenant or property are possible) and be entitled to the return of your deposit. Again, keep a copy. There is an Example of Notice of Termination of Tenancy (with notes on its completion) on the PRTB web site which can be used by either tenant or landlord.
You could also make a claim to the PRTB for "damages" - inconvenience, stress, loss of quiet enjoyment of the property etc depending on the type of failure. Financial rewards to the tenant are often made in these cases.
By keeping a copy of the letter requesting repairs (make sure it is dated and specifies by when the repairs/replacement should be done) advising the landlord about the failure, you have evidence to back yourself up should there be a claim with the PRTB as regards the landlord’s breach of his obligations.
Under the RTA 2004 Section 12 (g), if you feel inclined and would like to remain in the property, you could have the repairs/failures remedied yourself, having:
a) received several quotes for the work and
b) informed the landlord (in writing, keep a copy) that as he has not remedied the issue you will have the work effected using the lowest quote (provide a copy) and withhold rent to cover the cost of same.
RTA 2004 Section 12
(g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—
i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and
(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—
(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or
(II) a significant reduction that those matters caused in the quality of the tenant’s or other such occupants’ living environment,

Paddy Cow

odds_on wrote: »

Not sure how many times I've posted this, but here it is again:

Thanks for that

odds_on

Paddy Cow wrote: »

Thanks for that

You're welcome.

Victor

Tell the agent that they have 3 days to sort a temporary fix (providing adequate insulation, fire escape and ventilation as needed) and 14 days for a permanent fix and that if you don't get resolution, that you will be bringing a complaint to the PRTB, the council housing inspectors and if necessary, the agent's professional organisation. You will take suggestions that you move out as harassment and breach of contract.

Put this in a letter, keeping one copy, sending one to the agent and instruct the agent to pass a third copy to the landlord.

If you have no success with the agent, you can ask the PRTB for the landlord's contact details.