No BER cert

Oxter

I am renting in a block of 40, built 10 years ago. Lease signed 14 months ago.

There is no ber cert registered to any of the mprns

Who to report to and what are the penalties? Landlord not being polite about it, telling me to f off if not happy.

Xterminator

http://www.energyratingplus.ie/legislation/

penalties and info all there.

Has there ever been a prosecution for not having a BER cert?

Oxter

Dav010 wrote: »

Has there ever been a prosecution for not having a BER cert?

Not yet. I want a prosecution for all 40 apartments.

Oxter

Oxter wrote: »

Not yet. I want a prosecution for all 40 apartments.

Why? Chances are 39 other tenants will give you the PFO.

Oxter

Dav010 wrote: »

Why? Chances are 39 other tenants will give you the PFO.

I dont think so - he is unpopilar as a ll.

They all gave me their mprn's to check for a ber.

Oxter

Oxter wrote: »

I dont think so - he is unpopilar as a ll.

They all gave me their mprn's to check for a ber.

Fair enough, chances are he’ll get a letter from planning office requesting them and go about getting the certs.

To be honest, I’d look to end your tenancy and leave the other 39, you are putting your neck out, the other 39 aren’t, for what?

You report to the local Building/Planning Authority Office, the fine is 4-5k, as far as I can see there has never been a prosecution, you want 40. Let us know how you get on.

Samuel T. Cogley

Why are you looking for a BER after 14 months, surely you know if it's a bugger to heat or not.

Samuel T. Cogley

Samuel T. Cogley wrote: »

Why are you looking for a BER after 14 months, surely you know if it's a bugger to heat or not.

Not only that, but I think BERs are the biggest shams on the property market. Builders and BER assessors have told me it isn’t unusual for two different assessors to get two different measurements of the same property.

Countryboy2018

Why are you looking for a BER cert?

Oxter

Countryboy2018 wrote: »

Why are you looking for a BER cert?

Because the law says so.

L1011

Dav010 wrote: »

Not only that, but I think BERs are the biggest shams on the property market. Builders and BER assessors have told me it isn’t unusual for two different assessors to get two different measurements of the same property.

I'd actually be very surprised if two assessors got the same rating on anything under an E. The original BER for my house was comically inaccurate to the level that someone unfamiliar with the process could probably have identified mistakes. I'm quite confident the more recent assessor did know what they were doing and put down a fair representation of the facts but I was there when they were doing it.

Oxter

Oxter wrote: »

Because the law says so.

The law says he should have it, why do you need it 14 months after moving in? Surely you know by now whether the apartment is easy or difficult to keep heated.

Countryboy2018

What benefit would the BER cert be to you?
It’s seems you just want to cause hassle for the landlord as your asking about the other mprn numbers in the apartment block, which are no concern of yours.

the_syco

Oxter wrote: »

There is no ber cert registered to any of the mprns

Could there have been one BER done for all of the apartments?

makeandcreate

A BER cert is of little or no help to you unless you simply want to cause hassle to the LL. Where you told it was an A or B rated apartment that you feel deceived? My friend bought a B2 rated house and her house is far colder ambiently than our 50's house that we had a builder dry line, then a BER assessor rated us an E1!

Gumbo

makeandcreate wrote: »

A BER cert is of little or no help to you unless you simply want to cause hassle to the LL. Where you told it was an A or B rated apartment that you feel deceived? My friend bought a B2 rated house and her house is far colder ambiently than our 50's house that we had a builder dry line, then a BER assessor rated us an E1!

If you can’t provide proof and certification on the works then the assessor has to go by the default value for the property.

My 97 built house underwent substantial renovations but I kept photos, certification and declarations of performance for every element of the build so that the assessment could be verified. D3 to B1 was the outcome.

mickdw

I don't know why everyone is ganging up on the op.
A BER is a requirement and they are absolutely entitled to it.
Our local estate agent won't list a property for rent without one and I believe that is how it should be. It's not a big ask to have a BER assessment carried out.

Samuel T. Cogley

mickdw wrote: »

I don't know why everyone is ganging up on the op.
A BER is a requirement and they are absolutely entitled to it.
Our local estate agent won't list a property for rent without one and I believe that is how it should be. It's not a big ask to have a BER assessment carried out.

Because he's doing it to be awkward.

mickdw

But landlord is awkward so feck him.

Samuel T. Cogley

mickdw wrote: »

But landlord is awkward so feck him.

So far the only issue is the LL not being polite about being asked for a BER cert 14 months after the OP has moved in.

mickdw

mickdw wrote: »

and they are absolutely entitled to it.

Are they? Where did you see that?

A property owner is required to have one, is the tenant entitled to the certificate?

robo

Yes by law there should be a BER cert. But if the LL has to fork out a few extra grand, who do you think will end up paying that, any sitting tenants (if the LL is not in a RPZ or if they are in RPZ and have not put the rent up in the allowed period) and any new tenants.
I am not saying they shouldn't have a BER cert but if you are planning on staying there, the chances are high enough that you will end up paying for it & if you have already spoke to some other tenants about this, one of them could easily point the finger at you for reporting the LL for no BER Cert. Just saying think about yourself & your tenancy and pocket before you report the LL.

SozBbz

Seems like the OP has an axe to grind and has identified this lack of a BER cert as a way of going after the LL.

This is patently ridiculous.

Yes, the LL should have one (for an apt, a quick google says they cost approx €100-120) and the authorities will probably just tell him to get one rather than rushing to prosecute.

I suggest the OP either has it out with his landlord via the RTB is neccessary over whatever the real issue is here, if indeed there are grounds to do so. Theres no way this is actually about a BER cert.

Countryboy2018

‘Not yet. I want a prosecution for all 40 apartments’
Seems to me OP couldn’t care less about the BER cert if this was the case why not ask for it 14mths ago?
OP just wants to cause hassle for the landlord and wants to drag the other 39 tenants into whatever issue he has with him.
Landlord is right in telling him where to go.

Oxter

Countryboy2018 wrote: »

‘Not yet. I want a prosecution for all 40 apartments’
Seems to me OP couldn’t care less about the BER cert if this was the case why not ask for it 14mths ago?
OP just wants to cause hassle for the landlord and wants to drag the other 39 tenants into whatever issue he has with him.
Landlord is right in telling him where to go.

There was a survey done just before i moved in.

The result wasnt published for a reason.

The buildings exterior walls are all hollow - sheets of plasterpoard skimmed with plaster on a steel framework, with no fire retardant foam injected and no fire doors anywhere. Seemed ok in summertime.

L1011

I'm not sure a BER cert is the right way to try get that addressed... Council fire officer would probably be the first to go to but you may find yourself out immediately if the building is deemed unsafe

Oxter

Oxter wrote: »

There was a survey done just before i moved in.

The result wasnt published for a reason.

The buildings exterior walls are all hollow - sheets of plasterpoard skimmed with plaster on a steel framework, with no fire retardant foam injected and no fire doors anywhere. Seemed ok in summertime.

What does this mean? Surveyed on who’s behalf and published where?

If the survey was done by the local planning authority and the building didn’t conform to planning or fire regs, then they would have enforced any requirements on the owner. I also find it hard to believe a 40 apartment building is steel frame and plasterboard, I think the other tenants are pulling your leg.

SozBbz

Oxter wrote: »

There was a survey done just before i moved in.

The result wasnt published for a reason.

The buildings exterior walls are all hollow - sheets of plasterpoard skimmed with plaster on a steel framework, with no fire retardant foam injected and no fire doors anywhere. Seemed ok in summertime.

This sounds ridiculous.

BER certs have nothing to do with Fire Safety.

If you have a fire safety concern, report it to the council.

Hassling your Landlord about BER is not the way to address fire safety concerns.... and what does summer time have to do with fire safety? Are you suggesting that fire retardant foam would improve the energy rating.

Sounds like a vendetta to me.

beauf

It should be reported for the fire regulations the ber is a side show so why not report that as well. We know what happened with similar apartments same will happen here.

Gumbo

Oxter wrote: »

There was a survey done just before i moved in.

The result wasnt published for a reason.

The buildings exterior walls are all hollow - sheets of plasterpoard skimmed with plaster on a steel framework, with no fire retardant foam injected and no fire doors anywhere. Seemed ok in summertime.

This is irrelevant. A BER cert won’t fix these issues. The landlord doesn’t have to carry out improvement works just to get a better BER. Fire retardant foam is not a product to be used in construction either so I don’t know where you’re getting your terminology from.

The BER is a measure of what’s there. You will see absolutely no benefit to the LL getting a BER. Although I do agree that it’s a legal requirement.

Gumbo

Dav010 wrote: »

What does this mean? Surveyed on who’s behalf and published where?

If the survey was done by the local planning authority and the building didn’t conform to planning or fire regs, then they would have enforced any requirements on the owner. I also find it hard to believe a 40 apartment building is steel frame and plasterboard, I think the other tenants are pulling your leg.

I can show you a 9 storey apartment building that’s steel frame in Dublin city.

the_syco

Oxter wrote: »

There was a survey done just before i moved in.

So there was a BER done?

kceire

kceire wrote: »

I can show you a 9 storey apartment building that’s steel frame in Dublin city.

Would they just have plaster board and no insulation?

Gumbo

Dav010 wrote: »

Would they just have plaster board and no insulation?

Of course not. I see what you were replying to now.
The wording, I thought you meant there was no steel framed apartment blocks.