I recently purchased a ground-floor apartment in a multi-unit development in Dublin (with very expensive management fees) and for the second time in a year there is water damage on my ceiling. Plumbers who have attended on both occasions advised me in person that the tenants were leaving the bathroom blocked and overflowing and that the place was in a state.
However, my management company and the upstairs tenants’ letting agent/landlord both say that as no “active” leak has been identified, they don’t accept any liability for the damage (although the neighbours’ landlord has offered to pay 50 per cent of the paint fee). They have both suggested that, in the absence of an active leak (although the plumbers provided an explanation), the damage could be coming from another property or communal pipe but provided no evidence of same.
I have had lots of very frustrating correspondence with both property firms. I am not sure at this stage if it is worth hiring an independent plumber to complete a report and whether they would be able to inspect any pipework outside my property or whether at this stage I should seek legal advice. Also, is there a complaints body for a management company?
Dealing with numerous individuals can be challenging and frustrating. It is important to approach this situation in a diplomatic manner because if you overreact or lose patience, you risk irreparably damaging the relationships. If you escalate matters through legal channels, the rapport with your owners’ management company (OMC) agent and the property owner, their occupants and their agent will sour. You will have to coexist with the occupants for the duration of their tenancy and engage with the OMC agent, so it is important to keep those relationships amicable. If there is a problem (the ceiling staining) and they are responding to it (independent plumbers’ report provided to you), it would be deemed to be responsible action.
What can I do if a management company and landlord refuse to accept liability for ceiling damage?
My US cousins sealed their house deal with a ‘post-occupancy agreement’, can I do this in Ireland?
Our daughter’s family lives with us. Will she have to pay tax upon inheritance?
Which windows are best to block out noise and retain heat?
I have had sight of some of the correspondence provided from you only and not from any of the other parties. A report, dated February 17th, provided by one of the plumbers who attended does state that there was a block in the bathroom of the property above yours and it was then cleared. It indicates that there was a problem and that it was resolved. As the correspondence states that there is no current leak, there is nothing to review at the moment. Retain a copy of this for your records for future reference if required.
Water can travel in mysterious ways and not always in a straight line. Staining on a ceiling indicates where the water is presenting, at the lowest point on the run, and may not be the exact source. For this reason, many insurance policies will allow trace and access to facilitate the process of opening up walls, ceilings or floors and tracking back to the leak source.
The block policy will be held in the name of your OMC. The block managing agent would be the point of contact for this as they are the OMC representative. It would be a worthy exercise to notify the agent of your intention to investigate the source of the leak with their assistance should the event occur again, and the source cannot be easily identified.
The Property Services Regulatory Authority is the body that regulates property service providers. Agents that provide block management services do so under a D licence. Further information on complaints can be obtained from psr.ie.
Paul Huberman is a chartered property and facilities manager and a fellow of the Society of Chartered Surveyors Ireland
Do you have a query? Email propertyquestions@irishtimes.com
This column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before taking or refraining from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content.
