Emergency Repairs

Stephen P

Can a tenant refuse a landlord permission to enter a property to fix a leaking pipe when the tenant isn't there? A leaking pipe is affecting the apartment underneath.

cerastes

They might be able to but it would be foolish on their part, get as much as possible on record, email, text or preferably written refusal. That way, if you have made your best effort and the tenant declined, I couldnt see how you could be legitimately pursued (but thats an opinion, not legal fact).

Stephen P

Thanks for your reply.

I'm a new landlord and just not too sure. It's a loose pipe that needs to be tightened. If I can't do it myself I'll need to get someone in to fix it but the tenants work long hours and I would possibly need access when they're not there.

cerastes wrote: »

They might be able to but it would be foolish on their part, get as much as possible on record, email, text or preferably written refusal. That way, if you have made your best effort and the tenant declined, I couldnt see how you could be legitimately pursued (but thats an opinion, not legal fact).

cerastes

Maybe inform them they will be liable, has damage occurred to the property below already? but Id try get some proof of denying you access if you can too.
How has the leak started? might be worth getting a plumber in so you can get a professional evaluation in writing, ie proof the tenant is to blame, whats leaking?
Id try get some proof they have declined you access, Id go with a text at the minimum, but try for more.

galwaytown

I would never let a landlord in when I'm not there,or at least I would have a note left saying I'll be back in xx by the way so therefore he would think that I was around

The_Morrigan

http://www.irishstatutebook.ie/2004/en/act/pub/0027/print.html#sec16

They have to allow the landlord reasonable access to the dwelling for the purposes of allowing any works. Noting that clause 16 (c) states the requirement for a date and time to be agreed in advance for any inspections, this stipulation is not mentioned in clause 16(e), which is specific for works.

Are they willing to pay for any damages incurred by the neighbour for not allowing you access?

Stephen P

They haven't refused permission yet. I'm calling in the morning. I'll say it to them then if I can't fix the problem myself. As far as I can tell at this stage it's a loose pipe behind the sink pedestal. I know the neighbour below and will offer to patch up any water marks on his ceiling.

roy rodgers

at the end of the day its an emergency so access has to be made.
its a duty of care on behave of the landlord and that will stand over any tenant agreement any day.

Stephen P

Thanks for all the advice. The tenant has been nice so far so I can't see there being a problem.
I'll report back in the morning when I look into the problem

cerastes

galwaytown wrote: »

I would never let a landlord in when I'm not there,or at least I would have a note left saying I'll be back in xx by the way so therefore he would think that I was around

So if you refused access to fix a problem, would you be willing to pay for it?
I wouldn't think you'd have a choice,
Or
If you were affected by a problem from someone above you, would you expect it to be fixed promptly?

that could be a breach of obligation on the tenants part.

Santa Cruz

galwaytown wrote: »

I would never let a landlord in when I'm not there,or at least I would have a note left saying I'll be back in xx by the way so therefore he would think that I was around

If the landlord has a proper agreement in place he has every right to enter in your absence to maintain his property in the event of a leak. Once he gives you notice that he is going in he is covered despite any objection you may have.