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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11752
Experience:  Barrister 17 years experience
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I am living in an apartment block and one of the apartments

Customer Question

Hello I am living in an apartment block and one of the apartments is rented out. The tiles and sealant is all damaged in their bathroom and has caused an unsightly and dangerous (close to electrics) leak in our hallway. I’ve contacted their management company as the tenants don’t seem to care but got no response? What can I do next legally?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Dublin Ireland
JA: Has anything been filed or reported?
Customer: Yes the apartment block management company has just changed hands and (apparently) they asked them on several occasions to repair it but to no avail
JA: Anything else you want the Expert to know before I connect you?
Customer: No I don’t think so
Submitted: 17 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 17 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 17 days ago.

1. What has occurred here gives you a cause of action in nuisance. So, you can sue the flat owner and occupiers of the flat which has caused the unsightly and dangerous leak and make them repair it. Be aware that the cause of action is against the flat owner and not the management company as nuisance is based on property occupation and ownership. I would advise you to see a solicitor if you wish to adopt this course of action and get the solicitor to issue legal proceedings on your behalf. Essentially, the court will make an order compelling the flat owners or occupiers to repair it. In this instance, as the flat is rented, the liability will fall upon the flat owner to repair what has occurred here.

Expert:  Buachaill replied 17 days ago.

2. If you require any further clarification, I will be happy to help. Thank you for using the website. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.