tenant refusing management company access for repairs - landlord uncontactable

lantus

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We have an absent landlord who is engaged in deliberate avoidance. No address, family claim he is dead/missing/never heard of him for fun.

Their tenant has some damage to a balcony section which includes partially broken/shattered glass which could represent a danger if was to become loose and fall and could also injure the tenant.

We have asked the tenant for access (nicely and in writing) to inspect this and they are playing hard ball. Claim we are terrorising them and they wont do anything until the 'landlord' talks to us. This is never going to happen. The classic case of the unit owner using their tenant as a weapon to protect them from having to accept responsibility as a member of a management company.

The lease provides for full rights of access at any time given reasonable notice which we have provided to the tenant and the unit owners old address (which is just going into the ether) and we been more than patient.

Has anyone any experience of this. My next step is to advise the tenant that we will 'affect access' to our balcony if we are prohibited or prevented from doing this by them after providing reasonable notice and explanation.

We have a locksmith on standby to remove (but not replace) any lock that may be in place to counteract our rights under the contract lease. Do we need a court order as well?

Does this sound reasonable? My fear is that this glass will drop out and kill or maim someone in the future if left and then no doubt we will be sued for negligence because we did nothing when we had a right and obligation to ensure the safety of everyone in and around this building.
 
Your post is not clear. You are the management company?

Don't whatever you do act illegally. I would contract the PRTB to see if the landlord is registered, there are options via the PRTB to force landlords to deal with anti social tenants, whether the landlords is registered or not, so I assume there may be another option where there is a danger to people.

I was recently in contract with the PRTB and was surprised at how quickly they picked up the phone and how efficiently they dealt with my registration issue, so maybe they are now a competant organisation and can be of help to you.

Alternatively, contact the landlord organisation, by phone, the IPOA, for advice.
 
yes we are the OMC.

The contract lease provides for full rights of access at all times. Just re -checking and we have to wait two months before we can legally affect entry. Thank goodness its in there! The idea that the OMC can be prevented from making essential repairs and has to go begging to the PRTB is pretty silly. Although its another avenue that we can explore so cheers for the advice anyway.

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"To allow the Lessor and the Management Company or their agents duly appointed with or without workmen and others at all reasonable times upon giving prior notice in writing to the Lessee (save in the case of Emergency when no notice shall be required ) to enter upon and examine the condition of the Demised Premises and if the Lessor shall serve upon the Lessee notice in writing specifying any repairs or works necessary to be done and for which the Lessee is liable under this Lease and [FONT=JTCLAF+Arial][FONT=JTCLAF+Arial]requires the Lessee to execute such repairs or works to forthwith execute the same and if the Lessee does not within two months after the service of such notice proceed diligently in the execution of such repairs or works then the Lessor or Management Company may enter upon the Demised Premises and execute the same and the costs of executing the same shall be a debt due to the Lessor or the Management Company from the Lessee and shall be recoverable forthwith by action."

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Hi Lantus,

I would read that paragraph as meaning that you (OMC) can enter any apartment after giving notice and instruct the owner to carry out repairs which the owner is responsible. If the owner doesn't carry out the repair within 2 months then you can do it for him and bill him. (It says "for which the Lessee is liable").

You are talking about repairs for which the OMC is liable (I assume) so I don't see any need to wait 2 months.
 
It's probably woth running it past a solicitor just to make sure. You'll probably need them anyway to send the tenants a letter.

If the tenants are reacting like this, it's probably worth asking the gardai if it's possible to have a member accompany whoever goes into the apartment. It might be an idea filming as much of the visit as would be permitted by law, although I don't think you would be able to film inside the apartment without permission from the tenant.
 
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