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graffiti on my apartment

  • 04-05-2016 12:44pm
    #1
    Katsumoto47
    Registered Users, Registered Users 2 Posts: 34 ✭


    About 2 months ago the apartment I rent on the first floor got graffiti put all over the walls outside my front door. I've contacted the letting agents and they keep saying its with the property management company.

    2 months seems like a joke. Its not a bad looking building but now the hall looks like the set from trainspotting and like we live in a slum.

    What can I do?
    Tagged:


Comments

  • #2
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    You need to write a letter to the agent and outline a realistic time to rectify, e.g. two weeks. Specify that should it not be done in that period that you will have it done yourself and seek repayment from the agent in line with RTA 2004 clause 12(g). Unfortunately as this is not an issue of urgency, you must give a realistic time to resolve. Make sure you have it sent registered post and keep a copy for yourself.


  • #3
    Katsumoto47
    Registered Users, Registered Users 2 Posts: 34 ✭Katsumoto47


    Michael D Not Higgins wrote: »
    You need to write a letter to the agent and outline a realistic time to rectify, e.g. two weeks. Specify that should it not be done in that period that you will have it done yourself and seek repayment from the agent in line with RTA 2004 clause 12(g). Unfortunately as this is not an issue of urgency, you must give a realistic time to resolve. Make sure you have it sent registered post and keep a copy for yourself.

    Thank you for the fast informative reply!!


  • #4
    miezekatze
    Registered Users, Registered Users 2 Posts: 1,341 ✭✭✭miezekatze


    I think if it's outside of your apartment, in a communal area, it would be up to the management company, not the letting agent, to take care of the issue. Have you contacted them yet?


  • #5
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    miezekatze wrote: »
    I think if it's outside of your apartment, in a communal area, it would be up to the management company, not the letting agent, to take care of the issue. Have you contacted them yet?

    A tenant has no legal relationship with the management company save through their landlord or agent.


  • #6
    Katsumoto47
    Registered Users, Registered Users 2 Posts: 34 ✭Katsumoto47


    Michael D Not Higgins wrote: »
    A tenant has no legal relationship with the management company save through their landlord or agent.

    Yeah we've no contact with the management company or the landlord.


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  • #7
    the_syco
    Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Michael D Not Higgins wrote: »
    A tenant has no legal relationship with the management company save through their landlord or agent.
    Maybe inform them of when the graffiti happened, and that you've informed your letting agents, but nothing has been done.

    Word it more of a FYI that it has happened, than a demand to get it fixed.


  • #8
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,760 ✭✭✭✭Marcusm


    Michael D Not Higgins wrote: »
    You need to write a letter to the agent and outline a realistic time to rectify, e.g. two weeks. Specify that should it not be done in that period that you will have it done yourself and seek repayment from the agent in line with RTA 2004 clause 12(g). Unfortunately as this is not an issue of urgency, you must give a realistic time to resolve. Make sure you have it sent registered post and keep a copy for yourself.

    Neither the tenant nor the landlord has the authority to "rectify" grafitti on the exterior wall of an apartment block. I would expect attempting to do so would, however absurdly, expose them to a charge of criminal damage.


  • #9
    Bob24
    Registered Users, Registered Users 2 Posts: 10,905 ✭✭✭✭Bob24


    Katsumoto47 wrote: »
    Yeah we've no contact with the management company or the landlord.

    I'd still let the management company know.

    All it takes is a phone call or an email, and if they are good they will fix any genuine issue with the common areas no matter who is reporting it (it is at least the case in the building where I live).

    Of course if they decide to ignore you, you have indeed no legal relationship with them and can't force them - and will have though the agent. But it is worth a shot as it could get the issue solved faster and save you the trouble of chase your uncooperative agent.


  • #10
    Michael D Not Higgins
    Registered Users, Registered Users 2 Posts: 7,223 ✭✭✭Michael D Not Higgins


    Marcusm wrote: »
    Neither the tenant nor the landlord has the authority to "rectify" grafitti on the exterior wall of an apartment block. I would expect attempting to do so would, however absurdly, expose them to a charge of criminal damage.

    I'd like to see the case where a management company attempts to press charges against a tenant for slapping a bit of whitewash on the wall to cover the graffiti that they wouldn't remove themselves.

    The letter is more a statement of their obligations to the tenant, I would not expect it to get so far as the tenant actually needing to get the wall painted themselves.

    Edit: after re-reading clause 12, I would change my advice. If the wall is outside the remit of the landlord's responsibility, then the landlord is obliged to notify the management company in writing the complaint and forward any response to the tenant. The management company are also obliged to outline the steps taken to remedy the complaint.


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