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damage to my car in appartment

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  • 10-11-2014 9:32am
    #1
    Registered Users Posts: 39


    Hi guys,
    hoping someone can help me here or give me some advice. I'm living in an appartment block in Waterford. I went out to my car yesterday morning to go to work and some little gurriers had smashed my windscreen of my car. There have been on going issue in this apartment place previously and it has become quiet unsafe. There is 24 hour cctv however surprise surprise no faces can be made out, when I signed the lease there was gates here that needed a code in order to gain access however these broke months ago and they have been left open since. I have reported the issue many times but nothing has been done about it, there have been young teenagers hanging around under the steps smoking and drinking and the place has got progressively worse. There are two apartments with Windows broken downstairs (luckily I'm upstairs). I have filed a report with the guards and I am going to speak to my letting agent today there are more ads up for the same apartment block which state secure parking. In terms of repairing the damage I don't see how it should have to come out of my pocket as I was promised secure parking when I signed the lease and clearly this hasn't happened. I have heled up my end of the lease by paying rent and never causing issues, each issue I report seems to be ignored. Would the apartment block owner be responsible for the damage caused to my car due to the gates being broken?
    Thanks :)


Comments

  • Closed Accounts Posts: 205 ✭✭Autonomous


    What does your lease say about parking, wouldn't surprise me if there was a clause about not been responsible about damage to cars while parked there. ..
    but they were negligent by not repairing the gate in my opinion.
    Do you have any copies of requests to repair the gates?


  • Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    Moved from Work and Jobs - new charter applies from now.


  • Registered Users Posts: 2,567 ✭✭✭daveharnett


    Parking is almost certainly at your own risk.

    This is typical of a situation where a development's management company (a co-op owned by the landlords) is underfunded, and some of the landlords won't consent to fund it properly.

    Once common property like your gate gets broken and stays broken, people will get the message that nobody cares about it. The social problems and vandalism will get worse until something is done about it or the property is worthless.

    Failure to fix the gate in a reasonable period of time is grounds for breaking your lease. You were given to expect a certain level of security when you signed it, and that security is now absent. Press your landlord hard, and move if he can't get it sorted.


  • Registered Users Posts: 13,995 ✭✭✭✭Cuddlesworth


    I'd move. Everything you have said is a hallmark of a badly managed and underfunded estate. Its not going to get better.


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


    Parking will always be at your own risk. No parking is 100% secure.

    Even at that, your lease is with your landlord, so if you were to take any case, it would be against your landlord, for not providing what is described in the lease.

    For faults with the parking gates, you should be reporting the issues to your landlord, and he should be dealing with the management agent. More often than not, gates are not repaired due to lack of finances, and much of that is due to landlords not paying their management fees. Hopefully yours is paying his fees.


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  • Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    The damage is your own responsibility. I cant see any lease saying the landlord takes responsibility for the safety or security of your vehicle!!

    Does your contract say anything about the security or the gates? If not I cant see how it could be upheld that the operation of the external gates is a condition of your lease.


  • Registered Users Posts: 5,083 ✭✭✭Rubberchikken


    be looking for somewhere else if you can.
    in the meantime, if part of your lease states secure parking, with a functioning locked gate, then i'd be going to management pronto.

    it's no good these people taking rent/maintenance fees and not fulfilling the agreements they made in the first place.


  • Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    A tenant has no association with the management company and his lease is not with the management company.

    He can only complain to the landlord.


  • Registered Users Posts: 3,992 ✭✭✭spaceHopper


    check if your car insurance has windscreen cover - oh and move


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