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Legal issue..

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  • 21-08-2019 10:41pm
    #1
    Waterfordcitym
    Registered Users Posts: 3 ✭


    I'm really not sure I'm posting in the right forum so apologies if I've got it wrong and mods please feel free to move post if so...I've purchased an apartment in Waterford city a year back. My issue is I've a leak coming into my hot press from the apartment above. I've contacted the property management company and they got maintenance people out to have a look but couldn't access the property. They say the tenant has to grant access for the maintenance people to inspect. I know its an Irish traveller family who have the lease but they don't seem to live at the property. They return every now and then to pick stuff but I never seem to be able to catch up with them. Is there any way I can speed things along?
    TIA.


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    #2
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    The management are correct in that they need permission for access.
    If the ceiling is damaged take regular photographs of the damge progession.
    I would suggest that you now get a contractor in to open your ceiling and identify where the water is coming through the concrete slab. Take photographs as proof. (There is a chance it could be a pipe belonging to you)
    If above is occupied by tenants then the management's next point of contact should be the owner of the apartment and they must make an effort to contact them.
    In the meantime, print off a clear message in large print on a an A4 sheet that water is leaking into your apartment and for them to contact the management company urgently and make sure to put their phone number on it. Stick it to their door and take a photograph of it.
    Hopefully in the meantime the owner will arrange access.
    Check your title deed / leasehold documents. Some have a clause that if in the case of an emergency the management have right to gain access, see if this is in yours.
    If it is, photocopy the section and send it to the management company asking that they consider using this to gain access
    On a few occasions we have had to do this, so I do know it exists.
    If all of that fails, then it's time for solicitor's letters.


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    #3
    Wearb
    Moderators, Home & Garden Moderators Posts: 6,275 Mod ✭✭✭✭Wearb


    MOD note: Moved from Plumbing and Heating. OP please familiarise yourself with rules and charter for this new forum, so as not to fall foul of any different requirements.

    Please follow site and charter rules. "Resistance is futile"



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    #4
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    Rtb is where you need to go.... Go online print off form, get LL details and make contact..... If applicable.... Unless owner occupied...


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    #5
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    punisher5112 wrote: »
    Rtb is where you need to go.... Go online print off form, get LL details and make contact..... If applicable.... Unless owner occupied...

    The difficulty with that is if the tenancy or address has never been registered with RTB and under gdpr the management may be unlikely to provide details as well.


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    #6
    punisher5112
    Registered Users Posts: 24,644 ✭✭✭✭punisher5112


    K.Flyer wrote: »
    The difficulty with that is if the tenancy or address has never been registered with RTB and under gdpr the management may be unlikely to provide details as well.

    It falls under emergency works so it needs sorting and management company should also be worried as it could well cause building damage.

    The gdpr mess is really a mess.


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    #7
    Del2005
    Registered Users Posts: 18,988 ✭✭✭✭Del2005


    K.Flyer wrote: »
    The difficulty with that is if the tenancy or address has never been registered with RTB and under gdpr the management may be unlikely to provide details as well.

    You can make 3rd party complaints to the RTB and you don't have to know who the landlord is. I posted the link in another thread.


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    #8
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    punisher5112 wrote: »
    It falls under emergency works so it needs sorting and management company should also be worried as it could well cause building damage.

    The gdpr mess is really a mess.

    That's why I mentioned earlier that there is usually a clause to gain access in the case of emergency and building damage.
    I've been involved in several situations where management get a locksmith to open the door and we go in to shut off water or find the cause of the leak.
    If its straightforward we fix it there and then. If its more expensive or complex we drain down, shut off the water and leave.
    Locksmith then fits new locks and a message left on the door.
    Yep, GDPR is quite often a serious p.i.t.a.


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    #9
    Waterfordcitym
    Registered Users Posts: 3 ✭Waterfordcitym


    Thanks very much for the replies everyone. I must catch up with my solicitor and he can tell me if there's anything in the title deeds.


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