Property Clinic: Get potential dangers of faulty apartment windows checked out now

Q I live on the fourth floor of an apartment block. Recently one of the windows fell out on to my daughter who was standing in the kitchen (she hurt her hand a little but is okay, thankfully). About three years ago I raised concerns (verbally) with the builder that this window was rattling. They said they didn't think it was cause for any serious concern.

I have contacted my insurance company and it will cover the cost of the window falling out.

However, I am wondering if you could give me any advice as to how to proceed in this situation. I am concerned about the other windows in the apartment, especially because we are on the fourth floor and it could potentially be very serious if any of the other windows in my apartment or any other apartment in the complex are faulty.

Should the builder be checking all the other windows? Or do I need to seek legal advice? The complex was built about eight years ago, which is when I bought it, and we are the first to occupy this apartment.

A First I am relieved to hear no one was hurt when the window fell out. Clearly there was a significant problem with this window which could have had serious consequences. Given the fact that a window has already fallen out, it is essential all other windows in the development are checked to ensure no others will fall out.

If the builder has been notified, I would expect they would want to have all the other windows checked in order to avoid the potential costs of another one falling out. If the builder has not taken this course of action because of a lack of funds or as a result of downright foolishness, I would expect that the managing agents will ensure that all the windows in this development are checked by an alternative contractor.

In this respect, the cost of checking, and even the cost of re-fixing the windows in place is relatively minimal when compared with the potential consequential costs of a window falling out.

You are to be complimented for raising this issue in public and the most important thing now is to ensure that anyone who could be affected by this problem is notified so that appropriate checking and corrective action can be undertaken by either the building contractor or the managing agent.

In the event that neither the building contractor nor the managing agent follows up on these issues, then you should take steps to ensure that all of the individual apartment owners/occupants are notified so that they can have the opportunity to have their windows checked and re-secured if necessary.

Clearly you will also have to ensure for your own peace of mind that the windows in your apartment are properly secured.

I note that you say that the window actually fell into the kitchen, which would suggest the owners/occupants of the apartments are more at risk than the general public. Unless these issues give rise to significant costs to you, which is unlikely, then there is nothing to be gained by seeking legal advice in the circumstances.

Val O’Brien is a chartered building surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI) Building Surveying Professional Group

Landlord issues

Q I am currently living in a private rented property. There are a number of issues with the property. For example, my daughter's bedroom has a considerable damp problem and I am worried it is affecting her health. I have asked the landlord repeatedly to fix these issues; however, so far he has not done so. I am considering withholding the rent until he does but I am worried this may have some unintended consequences. Is this okay and if not what could I do to make sure the landlord deals with these problems?

A It is not easy or fair to be living in and paying rent for a property that may be unhealthy to live in and may not be fit for habitation. The ongoing maintenance and repairs of a property are a frequent source of disputes between landlords and tenants. Your landlord is legally responsible for the maintenance and repair of the property and is obliged to ensure that the property meets certain minimum standards.

These standards specify that roofs, roofing tiles, slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascias, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas must be maintained in good condition and repair. They must not be defective due to dampness or otherwise. It would seem from your question that the property isn’t compliant with these standards.

Dampness can be caused by a number of factors. Usually, the dampness is due to a lack of proper ventilation in the property. This is more common nowadays as people dry their clothes internally and don’t always remember to open windows. In your case, it could also be the result of a leak from another property.

It is not advisable to withhold the payment of rent and I would strongly suggest you keep paying your rent until you are properly advised. You don’t want to give the landlord any grounds for non-performance of the lease/contract, so keep yourself totally compliant.

The two authorities that provide support in the private rented sector are the Private Residential Tenancies Board (PRTB), a statutory body which provides a dispute resolution service to both landlord and tenants, and Threshold.

In the first instance, I would suggest that you write to your landlord detailing your issues formally. You should also agree to make suitable arrangements to allow your landlord to access the property to carry out the repairs.

If your landlord doesn’t carry out the required repairs within a satisfactory timeframe, there are a number of options available to you. It may be possible for you to arrange to have the repairs carried out and for the landlord to reimburse you afterwards. If you have a lease, you can present to your landlord, within 28 days, a written notice of termination for breach of obligations or you might consider making a complaint to your local authority which is responsible for ensuring that rented accommodation meets these standards.

You could also consider contacting your solicitor if your concerns are not adequately dealt with by the landlord.

Felicity Fox is a chartered residential agency surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI) Residential Agency Professional Group

Housebuying costs

Q A friend of mine, who is French, recently found employment here in Ireland. Given that he will be here for a number of years, he has decided to purchase a home and is wondering what additional costs are associated with the purchase of a home in Ireland.

I have been renting for the last number of years so I would not have sufficient knowledge of the market to answer this question. Maybe you could advise.

A The additional costs of purchasing a property in Ireland are quiet straightforward. Some are one-off costs while others are annual. I shall deal with them as they are typically incurred.

Many potential buyers may wish to instruct a chartered building surveyor or other such qualified construction professional to undertake what is commonly referred to as a house purchase survey.

This will typically be prior to agreeing a sale or may be a condition of an offer. The costs will depend on the scale and complexity of the property but it typically ranges from €350-€600 plus VAT.

Once you have agreed to purchase the property, you will appoint a solicitor to handle the contract and conveyance on your behalf. The normal Law Society recommended rates for such legal services are 1 per cent of the sale value.

In addition, solicitors may also charge €200-€300 for searches and administration costs. Legal fees are subject to VAT so expect to pay 1.23 per cent on every €100,000 of value.

However, legal fees vary widely and in Dublin, where capital values are far higher, there is more competition within the legal sector. As a result, lower fees can be negotiated with fixed all-inclusive fees being very popular.

If you are purchasing a property with a mortgage, your lender will commission a market valuation of the property. The cost of this is typically €100-€200 plus VAT and it is normally the responsibility of the borrower.

Stamp duty is payable by the purchaser on all property transactions and the rates are subject to change annually. The current rates are at 1 per cent of the property value up to €1 million and 2 per cent thereafter. This is a one-off payment that your solicitor has to pay to the Revenue Commissioners when they handle the conveyance for you.

In terms of annual costs these may include a service charge if the property is within a multioccupied development. Service charges will vary depending on the size of the development and the level of services provided but typically will be €1,000-€2,000 per annum. These are paid monthly or quarterly to the management company.

Finally, all property owners are eligible to pay property tax annually. This is a self-assessed tax payable by the owners of a property on November 1st each year.

Gerard O’Toole is a chartered residential agency surveyor and a member of the Society of Chartered Surveyors Ireland (SCSI) Residential Agency Professional Group