Access Issues

BestKeeperEver

Hi all,

So this is a bit of a strange one as far as I'm concerned. Some of these details may be wrong as I am not fully in the know so please bear with me.

Several friends and I are renting from a lovely lady who owns an apartment in a complex called Brunswick Court <mod snip>

The building is ran by a managment company and from what I am aware has recently switched over to <snip> as the managment company.

Over the last few months, the management have been saying that they were going to put a new gate on the front of the building that would require an electronic fob to get in - no issues here. They also stated that the tenants would need to contact their landlords to get the fobs - with the landlords then needing to contact management to get the fobs for their tenants. Once again no problem here (but it does seem like an awkward way of doing it).

However, the problem is that this did not seem to be fully communicated to the landlords as mine was not fully aware that this would be happening. When we did notify her (about 2 weeks before said gate was to be installed) she said she wasnt fully aware and would get on it immediately. She contacted the management company many times and was not able to get a proper hold of them (texts, emails, phone calls). This lead to her getting her solicitor to contact the management company, which up until this point has gotten nowhere either.

Now, as things stand, there is a gate installed in front of the complex, which essentially locks me out of my apartment. Yesterday evening, I just happened to get in a someone was going in at the same time.

There is also a woman who lives on site and is like the local point of contact I suppose. I overheard her saying that anyone who tries to get in without a fob would be trespassing (which I believe to be nonsense).

So can anyone help me with this:
Lets say I get home this evening, gate is locked and I cant get in as I have no fob. Am I doing anything wrong by jumping over the gate (which is very easily do-able)?? I then have to use my key to get in the main door, and another key to get into my apartment. As far as I'm concerned, the gate is blocking my landlords right of access to the apartment and therefore mine too.

Any opinions here would be very appreciated!!


Side notes:
There seem to be several apartments in my situation.
Apparently the new managment company are being very difficult with the landlords in regards to handling enquiries and have been doing whatever they want it would seem. (Example would include moving all the bins without consulting anyone).

Mrs OBumble

I wonder if your landlady's management fees are up-to-date. There may be a reason why the management company are being difficult to deal with for her, but not for others.

Either way, if you got home tonight and could not get in, I would be phoning her and demanding that she organise access for you there and then.

athtrasna

Your landlord is responsible for you not having access. If you attempt to access the development by means other than the prescribed gates yes you are doing something wrong. You need to contact your landlady immediately as you don't have access as per your contract.

amayb

I think Mrs OBumble may have a point here.

I used to live in a gated apartment complex also. I lost my fob for the outside gate and when I contacted the management company to organise a new one they refused on the grounds that my landlord was a couple of years behind on his management fees.

Our landlord intervened and they gave us a temporary card for two weeks on the basis that our landlord had to pay up in that time.

The card ran out after the two weeks were up and we just moved out - we were just stuck in the middle of wrangling between the management company and the landlord so we decided to cut our losses.

BestKeeperEver

Id be quite sure my landlord is up to date on everything - she isn't the type of person who would be late on bills.

Lets say I get home and cant get in - I dont know what my landlord is going to be able to do for me at this point. (She was with her solicitor again today and said she would update me later).

I look forward to getting home this evening and seeing what happens. Worst comes to worst I will be jumping the fence but there will probably be people in and out so that I can get in.

Let it be said that in my few minutes by the door yesterday evening, I spoke to several other people who didnt have the fobs yet either. I think that the management company are really f'ing us/landlords about.

Gatling

BestKeeperEver wrote: »

Id be quite sure my landlord is up to date on everything - she isn't the type of person who would be late on bills.

Let it be said that in my few minutes by the door yesterday evening, I spoke to several other people who didnt have the fobs yet either. I think that the management company are really f'ing us/landlords about.

Very broad assumptions there .

In most of these situations the issue is usually non payment of management fees .
Landlord saying it's in the hands of her solicitor is a cop out Ohhhhhhhh it's not my fault I'll get my solicitor on to it .

BestKeeperEver

Well what can say I trust my landlord and I dont think that she is going to go around making up lies and saying that the management company would not repy to her.

And it would be quite conicidental that a whole host of landlords had not paid up their management fees IMO.

Gatling

BestKeeperEver wrote: »

And it would be quite conicidental that a whole host of landlords had not paid up their management fees IMO.

Going by various threads on here and posts from people on committees, it's very common to have a good few who refuse to pay management fees

BestKeeperEver

Huh, well I guess I'll see how it pans out over the next few days. Just hope I can keep getting in every night haha.

Rackstar

Lots of landlords don't pay their maintenance fees.

What you don't see is landlords who are up to date with their fees, getting a solicitor to engage the management company.

If I had to hazard a guess the management company are withholding the fob until fees are up to date.

Paulw

Your landlord is a member of the management company. She is dealing with the management agent, to get access.

More often than not, it's landlords that are the last to pay their management fees, rather than residents.

Management agents tend to take their time dealing with people who are behind on their payments. Talk about her solicitor, to me, indicates that she is not dealing directly with the management agent, and normally that only happens when there is something else going on, such as being behind on fees.

All you can do is chase the landlord.

NakedMonkey

Gatling wrote: »

Very broad assumptions there .

In most of these situations the issue is usually non payment of management fees .
Landlord saying it's in the hands of her solicitor is a cop out Ohhhhhhhh it's not my fault I'll get my solicitor on to it .

Assuming that the OPs landlord is behind on management fees and using her solicitor are also very broad assumptions.....

Keith186

There's no law about jumping a gate being trespassing so don't worry about that aspect if you're locked out. You have a lease for the apartment.

Most likely reason is that fees are not up to date. You said you trust your landlord in that they did not reply to her. That might be true but their reason is because of the fees. Ask landlord outright if its not sorted soon.

tina1040

I would be common in many complexes for several owners not to be paying management fees. They may have other financial commitments and hoping to avoid the management fee for as long as they can get away with.
Unless you know the landlady personally you don't know their financial situation. Just because they own properties and drive a nice car and are pleasant to speak to doesn't mean they are paying all their bills.

Gatling

NakedMonkey wrote: »

using her solicitor are also very broad assumptions.....

It's in the op's post

Marcusm

athtrasna wrote: »

Your landlord is responsible for you not having access. If you attempt to access the development by means other than the prescribed gates yes you are doing something wrong. You need to contact your landlady immediately as you don't have access as per your contract.

What are they doing wrong? The landlord's lease from the OMC or freeholder will not be contingent on paying management charges - in the event the charges are not levied, legal action up to and including forfeiture of the lease should be initiated by the OMC. An attempt by the OMC to deny access to the premises demised under the lease or access via the rights of way created under the lease is about the most flagrant breach the OMC/freeholder can perpetrate. Two wrongs do not make a right. Ultimately there needs to a reform of land law in Ireland to provide for easier recovery pricedures for OMCs to ensure that they have the funds to operate. However, there must also be sanctions for OMCs which seek to use presures such as these to force payment.

Frankly it is entirely analogous with a landlord simply changing the locks as a means to evict a tenant. Something which would not find any favour with any of the posters or mods here.

BestKeeperEver

Landlord told me that the management company have been ordered to "remedy the access situation" by end of day today.

I assume this communication was between her solicitor and the Management.

Heading home now soon so will update on what the situation is then - I assume nothing will have changed.