Gutter Problem!

FishHook

Hi Folks,

I live in a downstairs apartment in a small block of two story apartments. For a while, there has been a problem with the rain gutter on the apartment above. It is damaged, so that when it rains, the water comes spilling over the side, onto the ground below. It can be a bit noisy at times, and if left could potentially cause a damp problem. I contacted the head of the management company, who said he would contact the landlord of the apartment above. That was a couple of months ago, but nothing has been done.

As the gutter runs along the length of the apartment block, I feel it is more the management company's problem, than the landlord of the apartment above, but am not fussy who repairs it.

The management company yearly fee is due soon, am I within my rights to withhold payment, if the gutter is not repaired?

P. Breathnach

FishHook wrote: »

... As the gutter runs along the length of the apartment block, I feel it is more the management company's problem, than the landlord of the apartment above ...

Definitely.

The management company yearly fee is due soon, am I within my rights to withhold payment, if the gutter is not repaired?

No.

You would be within your rights to persecute the managing agent until dealing with the problem is less hassle than dealing with you.

Lantus

FishHook wrote: »

Hi Folks,

I live in a downstairs apartment in a small block of two story apartments. For a while, there has been a problem with the rain gutter on the apartment above. It is damaged, so that when it rains, the water comes spilling over the side, onto the ground below. It can be a bit noisy at times, and if left could potentially cause a damp problem. I contacted the head of the management company, who said he would contact the landlord of the apartment above. That was a couple of months ago, but nothing has been done.

As the gutter runs along the length of the apartment block, I feel it is more the management company's problem, than the landlord of the apartment above, but am not fussy who repairs it.

The management company yearly fee is due soon, am I within my rights to withhold payment, if the gutter is not repaired?

Witholding payment is never an option and will only leave you liable for fees and court. It also releives the company of providing any services until you have paid them.

IF the annual fee is due soon then you should of received a full budget for the year and notification of an AGM where you will vote to approve said budget. This is a legal requirement. Does the budget contain money for fixing gutters? What is the sinking fund? Are the company accounts in good shape or is everyone playing hard ball and not paying fee's.

Ultimatley the gutter will be a common building element and not the responsibility of an individual to repair regardless of their proximity to it. The company and agent are required to do this.

Write to the directors and copy in the agent in writing!! explaining the issue with pictures and requesting that it be repaired as soon as possible. If there is no sinking fund or allowance for this work then make sure they add it in prior to the AGM! Its relatively cheap.

Agents can be slippery so generally its best to try to address the diretcors directly. Otherwise you need to know the in's and out's of management companys pretty well or you wil be given the run around by a less than honourable agent (which generally seems to be all of them.)

FishHook

Thanks for the advice folks, I will continue contacting the head of the Management Company, until the job is done.