Q Our apartment complex has recently experienced a series of burglaries. It would appear that the burglars accessed the complex via a gate which is left frequently unlocked, allowing members of the public to access the complex. Despite numerous complaints by myself and a number of other tenants to the owner management company and the letting agent, no action has been taken. Can you explain the responsibilities of the owner management company and the letting agent to tenants in this situation?
A Traditionally the owner’s management company (OMC) is comprised of property owners. This relationship is clearly identified in the lease agreement. The landlord in turn has obligations to their tenants through legislation such as the Private Residential Tenancies Act 2004 and the Housing (Standards for Rented Houses) Regulations 2008 and (Amendment) Regulations 2009. It is hoped that the regulations will be updated to cover important issues such as service charge payments as a prerequisite for landlords to offer accommodation in multi-unit developments.
The legislation that the members of the OMC should be familiar with is the Multi-Unit Developments Act 2011 and the Property Services (Regulation) Act 2011. The directors of the OMC should be familiar with these and the various Companies Acts. The letting agent acts for a landlord and is tasked with renting the property only. Ultimately the landlord of the property is responsible for their tenants. The issue of providing accommodation that ensures peaceful enjoyment to the occupants rests with the property owners.
The directors of the OMC can be identified by conducting a company search online; you could send them a registered letter and advise them of their obligations to the occupants of the building such as the security concerns and call on them to address the issues.
Alternatively, and unfortunately, the development in which you reside may have been acquired by and be fully let and run by a fund or REIT. These commercial entities are not obliged to employ a licensed property service provider and can provide the services to their tenants with their own unlicensed staff. This poses a conundrum in the delivery of quality asset management if the owner owns many units and the effect this may have on the assets and occupants long-term. This is a concern as these operators do not require a property service provider's licence and as such may not have the minimum qualifications that similar owner-occupier multi-unit developments enjoy with a licensed property managing agent. The staff working in the REITs or fund management companies are not answerable to the Property Services Regulatory Authority (PSRA) even though the tenants are members of the public.
Paul Huberman is a chartered surveyor and sits on the property and facilities management professional group committee of the Society of Chartered Surveyors Ireland (SCSI), scsi.ie
Moving home
Q I am an Irish citizen who has been living in Australia for the past 20 years. I have decided that it is time to move home due to the fact that my mother has become ill and I am looking to purchase a house nearby. I will require a loan and I am wondering how difficult it is to get a bank loan in my situation even though I can validate my employment and earnings.
A When you are applying for a mortgage in Ireland, the lending institution will be more concerned with your ability to service the loan in the future. They will take into account your employment and credit history in Australia but if you do not have a job or source of income in Ireland, it is unlikely you will get a mortgage.
Having a significant deposit saved will help, of course, but most lending institutions will require you to have permanent employment here. Almost all the banks are claiming that they are keen to lend, and that approval rates are high, so it is worthwhile testing a few of them by starting the application process.
Depending on your family circumstances, your mother might consider one of the equity release schemes to help you buy a house. She would borrow money using her house as security and the loan would be paid back through the sale of her house after she dies. It is not the cheapest credit source but might be useful to consider. The best first step is to talk to some mortgage brokers in Ireland and to the lending institutions directly to see what they can do for you.
Simon Stokes is chair of the residential agency professional group of the SCSI, scsi.ie
Residency clauses
Q I currently live in Dublin and I am considering returning to the west of Ireland where I spent my childhood. I have spotted a nice property in Connemara, Co Galway. Upon further inspection of the house, I have discovered that the house has a residency clause in the planning permission. What are the implications of this clause for me in terms of purchasing this house and given that I will need a loan to purchase the house what are the banks' views on homes with such a clause?
A It is common for a planning permission for a dwelling in the countryside to include a condition which provides an occupancy clause. The Guidelines for Planning Authorities on Sustainable Rural Housing (2005) acknowledge that it is reasonable to expect that where an applicant is given planning permission for a rural housing proposal on the basis of having such links, that the grant of planning permission makes it clear that, save for exceptional circumstances, the dwelling shall be occupied for a specified period by the applicant, members of the applicant’s immediate family or by any other person who has similar links.
Section 39(2) of the Planning and Development Act 2000, as amended, empowers a planning authority to attach such a condition. On occasion the planning authority specify in the condition a requirement that an agreement under Section 47 of the act be entered into. Section 47 of the act provides that a planning authority may enter into an agreement with any person for the purposes of restricting or regulating the development and use of land permanently or for a specified period.
The specific wording of the condition should be carefully considered and you should be satisfied that you comply with the condition. It is recommended that you meet with the relevant planning authority prior to purchase to determine whether you would be considered to be in accordance with the requirements of the condition.
The occupation of the dwelling by a person who does not comply with the occupancy/residency condition will be a breach of the condition and may result in enforcement action being taken by the planning authority.
John Spain is a chartered planning and development surveyor
