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property management - rent withheld, repairs overcharged

  • 08-03-2019 8:51pm
    #1
    Registered Users, Registered Users 2 Posts: 26


    I rent out an apartment by way of an agent who does the repairs. I believe the repair costs have been loaded, and some years ago I did not receive money for half a month. The tenant said he paid the agent by way of cash(no receipt)and the agent said the tenant did not pay. There have been several repairs but the most suspicious was a cooker extractor fan where the claimed cost was 200 parts and 150 labour. Six months after the repair was done I visited the apartment to find a very cheap 120 euro extractor fan, and I checked labour costs to a single person as being less than 100. Taking the agent has contacts for parts supplies, and contract labour I doubt if they paid more than 50% of the amount they charged me, but they deny loading. To prove they are on the fiddle I need
    1) Contact details of other people who use their services
    2) Copy of contracts that I signed
    3) detailed accounts with receipts which should verify how much they paid for my repairs

    Can I force the agent to release said documents by way of court orders. Do I have to issue one court order to release each piece of evidence, or will one court order do all three. Where, how, and how much to apply for the court orders.
    The total claim will only be 1000euro is it worth while paying a lawyer


Comments

  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    I rent out an apartment by way of an agent who does the repairs. I believe the repair costs have been loaded, and some years ago I did not receive money for half a month. The tenant said he paid the agent by way of cash(no receipt)and the agent said the tenant did not pay. There have been several repairs but the most suspicious was a cooker extractor fan where the claimed cost was 200 parts and 150 labour. Six months after the repair was done I visited the apartment to find a very cheap 120 euro extractor fan, and I checked labour costs to a single person as being less than 100. Taking the agent has contacts for parts supplies, and contract labour I doubt if they paid more than 50% of the amount they charged me, but they deny loading. To prove they are on the fiddle I need
    1) Contact details of other people who use their services
    2) Copy of contracts that I signed
    3) detailed accounts with receipts which should verify how much they paid for my repairs

    Can I force the agent to release said documents by way of court orders. Do I have to issue one court order to release each piece of evidence, or will one court order do all three. Where, how, and how much to apply for the court orders.
    The total claim will only be 1000euro is it worth while paying a lawyer

    Quick answer : No.

    Longer answer : you could try the small claims coyrt IF you have the proper registered name of the company who you have the management contract with - you may not get any satisfaction but it will be far cheaper.

    Ea and MC's are a.law onto themselves and bear in mind that they are I would imagine entitled to build in a % for themselves while also providing you with the service (eg replacement over hood). I dont know what your contract stipulates but it would be worthwhile checking.

    I wouldnt truat any of them as far as I could throw them and I doubt many people would line up to defend them.If you want to be sure of the work and keep costs low better organise it yourself and just have them or someone doung the tenancy, checks and paymemt collections for you - thou it sounds as thou they can't keep a straight paper trail for that either.
    Q: if the guy/person didnt pay the rent (as.they say) what actions.did.they then take - did.they put anything to him in writing, do they have copies of it for.you, dis they notify him.that he was on notice to leace and his deposit was forfeit - all these legal things one wpuld expect feom a proper EA/MC. You might have some wiggle room to gdt ouy of a contract wuth them if.they didnt follow any kind.of protocol in line with the requirwments of the PRTB for eviction or notice to quit.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry cannot give legal advice here
    In view of the small amounts involved I doubt if many solicitors would be interested.
    Imho you would be as well to take the loss here and get a better agent
    Leaving open for general discussion


  • Registered Users, Registered Users 2 Posts: 26 ning sudnaen


    Quick answer : No.

    Longer answer : you could try the small claims coyrt IF you have the proper registered name of the company who you have the management contract with - you may not get any satisfaction but it will be far cheaper.

    Ea and MC's are a.law onto themselves and bear in mind that they are I would imagine entitled to build in a % for themselves while also providing you with the service (eg replacement over hood). I dont know what your contract stipulates but it would be worthwhile checking.

    I wouldnt truat any of them as far as I could throw them and I doubt many people would line up to defend them.If you want to be sure of the work and keep costs low better organise it yourself and just have them or someone doung the tenancy, checks and paymemt collections for you - thou it sounds as thou they can't keep a straight paper trail for that either.
    Q: if the guy/person didnt pay the rent (as.they say) what actions.did.they then take - did.they put anything to him in writing, do they have copies of it for.you, dis they notify him.that he was on notice to leace and his deposit was forfeit - all these legal things one wpuld expect feom a proper EA/MC. You might have some wiggle room to gdt ouy of a contract wuth them if.they didnt follow any kind.of protocol in line with the requirwments of the PRTB for eviction or notice to quit.

    Good answer however a small contradiction you tell me I cannot force the contracts to be released then you tell me to check the contracts
    I dont know what your contract stipulates but it would be worthwhile checking.


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