Q We are having renovations done on our house and the builder took down the wrong wall. In our view, he is liable but he says it is an issue for the sub-contractor (whom he hired) to remedy. Can you please advise?

A You are right: the builder is liable. Your contract is with the builder and not the sub-contractor. The builder is responsible for the actions of the sub-contractor in this instance.

The issue is that the wall now needs to be rebuilt and any consequential damage made good. Safety, structural and liability issues arise as a consequence. It could well be a load-bearing wall and its removal could cause damage to parts of the existing fabric and finishes of the house.

A structural engineer should be recruited to see if any temporary supports are required to the adjoining walls and floors. The engineer should also supervise the detailing and construction of the replacement wall.

The builder retains the liability for having the wall rebuilt and for the rectification of consequential damage caused by the demolition of the wrong wall.

Whether he uses the original sub-contractor to rebuild it, or another sub-contractor, is a matter for the builder.

You should immediately instruct the builder to erect temporary supports as specified by the structural engineer.

The engineer should also instruct the builder to rebuild the wall and make good any damage caused and inform the builder that if he does not comply with this instruction within a specified time frame, you will employ another builder to rebuild the wall, with the cost to be deducted from any monies due to the original builder. A number of lessons can be learnt from this, for example:

Always employ professional registered technical expertise if the renovations to a house are extensive or complex.

Always sign a contract with the builder – many of the standard forms of contract will protect the client’s rights in situations like this.

Always check out the builder before signing a contract. Ask for references. Go and see his previous work. Talk to previous clients.

Always use registered and insured contractors.

Paul Dunne is chairman of the quantity surveying professional group of the Society of Chartered Surveyors Ireland

Q I am being relocated, for work purposes, to Ireland and plan to move to Dublin next month with my wife and two children. We hope to rent a three- or four-bedroom house on the northside of the city. What is the average rent a month and could you please advise me of what documentation/information I will need to give the estate agent or landlord?

A In terms of determining the average cost of a house, I suggest that you visit one of the property websites, such as MyHome.ie or daft.ie to source a house for rent.

The average rent will be determined by the area in north Dublin that you wish to live in and there is some variance there.

On average, you could be looking at anywhere in the region from €1,200 to €1,400 per calendar month depending on the property and location.

You should also look at the Private Residential Tenancies Board (PRTB). The online index is populated by Central Statistics Office (CSO) data of actual rent achieved by properties registered with the PRTB which allows for factual benchmarking and is expected to be updated each quarter.

Arrange to view several properties that you like and be ready to make a decision there and then if you find a suitable home. There are many people who still wish to rent in the current environment and there is always healthy competition for good quality family homes in the Dublin suburbs.

Usually a work reference and previous landlord reference are required. Your company should be able to provide this for you. You will also need a Personal Public Service number (PPS) which your employer will also be able to provide.

A valid passport will be a suitable proof of identity. You will be asked for a deposit and one month’s rent and to sign a lease on moving in.

If you are dealing with a letting agent you should ensure that they are licensed by the Property Services Regulatory Authority before giving a deposit. You should review the lease agreement carefully.

You will also be registered with the PRTB and you should visit prtb.ie for more information on renting in Ireland.

Paul Huberman is a member of the property and facilities management group of SCSI.

Q I live in an apartment block and the lift has been out of order for about two months. When I rang the management company they said that the lift requires a specialist part and that they are waiting for the service charges to come in to pay for it as they don't have the funds and the sinking fund is empty. Surely they have an obligation to fix this immediately?

A Lifts are expensive and complex machines that need regular maintenance and periodic reinvestment to ensure reliability and safety. Lift parts are often imported, with special orders required for some parts and this can take time.

The unavailability of funds can be caused by a number of issues: poor or unrealistic budgeting; non-payment of service charges by apartment owners; unforeseen expenditure of an urgent nature; and external factors such as rising insurance or energy costs.

The owner’s management company would be contractually obliged under the title lease to maintain the building which would include the maintenance of lifts, but the counter obligation is on all owners to pay service charges.

The fact that the owner’s management company is unwilling to order a part that it cannot pay for, is prudent practice as no company should engage a contractor to carry out work that it knows it cannot pay within the credit terms allowed.

It is concerning that matters have reached this point and that all owners are not aware of the dire financial position that the management company is in and you would hope that other services continue and that arrangements have been made with the service providers.

Communication is key in these instances and you should contact your management company seeking further information regarding the current financial circumstances and suggest that they convene an extraordinary general meeting of owners to discuss options and increase awareness of this issue.

Paul Mooney is a member of the property and facilities management professional group of the SCSI; scsi.ie

Send your queries to: propertyquestions@irishtimes.com
or to: Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2.

This column is a readers' service. Advice given is general and individual advice should always be sought.