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Leak after signing contracts

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  • 15-03-2023 8:22am
    #1
    PSFarrell
    Registered Users Posts: 59 ✭✭


    Hi all

    Just curious what would be my liability in this case. Have signed contracts and closing date is in the next 2 weeks to hand ober the keys. Got a call from my mgmt company I have a leak going into my neighbours. I had the issue fixed several months ago and had heard nothing since as the owner only visits once or twice a year and thought it resolved.

    The mgmt company has said to not finalise sale until issue is resolved. I have a plumber coming today but I wonder where I stand.

    Thanks



Comments

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    #2
    spaceHopper
    Registered Users Posts: 3,987 ✭✭✭spaceHopper


    You own it - its yours to fix



  • Options
    #3
    PSFarrell
    Registered Users Posts: 59 ✭✭PSFarrell


    Of course I would fix it. My frustration is more around the neighbour not checking their apartment for months (lives locally too)..fingers crossed I can get it sorted



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    #4
    Dav010
    Registered Users Posts: 14,407 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/120360752#Comment_120360752

    I don’t think it is reasonable for you to expect your neighbour to be present when you want them to be, they may very well ask why your repair was deficient.



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    #5
    PSFarrell
    Registered Users Posts: 59 ✭✭PSFarrell


    Turned out the leak was fixed correctly months ago..what was left was some mould from the ceiling dry. No heat turned on for months and no ventilation. The owner had not been in the apartment since reporting the leak last Summer. I think its a reasonable expectation to check in more than 1 time a year. Leaving any dwelling unattended will cause issues. Anyways problem solved.



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    #6
    1874
    Registered Users Posts: 2,400 ✭✭✭1874


    Very foolish of them to leave an unoccupied dwelling of any kind without heat or ventilation, or to even check it, I'd say it runs the risk of being somewhere vermin could get a foothold, because my understanding is rodents like to be undisturbed. Typically domestic insurance is invalidated if not present for more than a certain amount of time. I think apartment structural insurance can be part of the management fee? and insurance for personal items would be a separate thing for the occupant, so I don't see how that would be any different for the owner regarding their insurance if it is via the management fee and paid up??

    While it seems reasonable for a management company to contact you to let you know of potential problems, (and seeing the problem is resolved anyway) Id be taking my solicitors advice regarding not proceeding with the sale, I dont think they have any grounds to tell any owner to not proceed with a sale? or see how they could intervene to stop it?

    I can see why it is a good reason why owners of apartments should be required to go through a list of specific businesses authorised by a management company to carry out works, for plumbing, electrics not just for insurance purposes for claiming for the costs (claiming insurance for costs may not be applicable), but to ensure the work is done according to whats allowable and to ensure the work is traceable and insured in the event faults repaired weren't fixed correctly.

    Have seen some shoddy looking work on apartments where holes and pipes were drilled through an external wall and aren't just messy looking, but I think an owner doesnt usually have a right to affect the exterior facade of an apartment block.



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