Q&A:Q I am a tenant in a small development which was flooded last week. I wasn't there at the time and in fact have not been able (due to work commitments) to access the property to properly assess the damage/costs. What rights do I have?
A Our sympathies go out to you and anyone in this dreadful situation. Have you spoken to your landlord? That’s the first step. What does his insurance cover? He will certainly have building cover (though whether that cover includes flooding, is a different matter) and he will be claiming against that. He may also have cover for his furnishings (if the house was furnished).
Did you take out your own contents insurance? It’s something that all tenants should consider, particularly to cover electrical goods that are not routinely supplied – even in furnished rentals. Whether you have it or not, it’s worth asking your landlord if your contents will be covered under his policy.
It is likely that your landlord will already have had his insurance assessors in and will presumably have tried to make contact with you to keep you posted on the situation.
Threshold, the advocacy organisation working in the rental sector, www.threshold.ie, advises that “if the flooding is so bad that you cannot move back in, the tenancy contract is frustrated. You are entitled to find alternative accommodation and to get your deposit back and any rent you paid in advance.” You will normally have paid a month’s rent in advance and a month’s deposit so that should help set you up in a new home, even temporarily. Get into the property as soon as you can and document all damage, i.e. take photos and notes.
Remember that if you need emergency help for clothing, etc, contact a local community welfare officer.
Stamp duty
QIf there are changes in the Budget next week, specifically in relation to stamp duty, when will they take effect? We are househunters and we are watching carefully to see what changes might be relevant to us. Any indication of what changes (rate increases/ decreases, etc) may be made.
AFor the past several years, the run up to the Budget has featured feverish speculation as to what will happen with stamp duty. However, probably because of the low activity in the residential property market and, more crucially, the scale of the cuts needed to be made in Government spending, it’s been pretty quiet in advance of next week’s budget.
Although there was some speculation in September that stamp duty on residential property would be abolished and replaced with an annual property tax.
This might give a boost to the second-hand market but investors would be heavily penalised as they would pay stamp duty and property tax. Whether it is abolished or decreased or left alone, the truth is, though, nobody knows for certain.
There’s been very little further talk about this or any other stamp duty measures and, as is the case with all matters relating to the Budget, little is known until the Minister for Finance Brian Lenihan, left, stands up in the Dail.
Whatever happens, it is usual that any measures relating to taxation take effect on the day of the Budget.
Flood plains
Q It seems now that “everyone” knew that some of the new developments that have been built were built on flood plains. How is a buyer to know?
Who should a prospective buyer ask?
AWe really are in the dark ages when it comes to the availability of information when compared to our near neighbours. For example, if you were buying property in England and Wales you could simply log onto the UK’s Land Registry site for information. It uses information provided by the UK’s Environment Agency to create a flood risk indicator for every house on the register. There is a small administration fee. It’s not that UK buyers are more flood conscious. A recent report found that 62 per cent of buyers don’t bother to find out about the flood risk, it’s just that their agencies are more proactive in providing the information.
However, it’s hard to imagine that from now on, anyone here will buy a property within striking distance of a lake, canal, river or sea without finding out first if there was a flooding risk.
Of course flood plains should never be zoned for building but, as we have found to our cost, that is not the case here so don’t assume anything.
At the moment all you can do is find out from the local county council if the area has ever flooded; ask the estate agent – he has to tell you if he knows; ask your solicitor to include it as a question in the disclosure details from the seller; and ask your surveyor to include a flood risk in the survey.
You should also ask locally – a feature of the current flooding crises is the number of local people (especially older people) who are coming forward to comment on new developments saying that the area was known for generations as the “the swamp” or “the bog” or whatever. It really is a case of buyer beware.
Agents’ fees
Q We are thinking of selling our house and have talked to a few different agents about their fees. The cheapest rate we have been quoted is 1.3 per cent of the sale price. Surely they should be more competitive than that, given the fact that there is so little business.
A As you know one of the clearest ways to establish the true price for anything is to shop around. Doing this you have arrived at a cheapest rate of 1.3 per cent which would indicate that there were more expensive quotes, so there is competition in the market. Like all professional services, agents have a bottom price beyond which it is simply not worth going and currently, in your area for your type of house that would seem to be 1.3 per cent. There have been significant redundancies in all agencies; what remains are very slimmed down operations so while agents are obviously keen on getting business they are not as desperate as you might think. But as in all things, the cheapest is not necessarily the best.
Service charge
Q Half the owners of the apartments in the block in which I live have not paid their service charges, and there has been a succession of bad management agents. I want to withhold my service charge because I am not even sure that the money is being accounted for properly. What I can do?
A Get involved with the management company of your block immediately and meet with the management agents to get a clear picture of what is going on and future plans. Pay your service charges, as you are legally obliged to and instruct your agent to issue legal notices re payment to the non-paying owners. That’s just the start. You have to be an active member of the management company – it’s part of apartment living.
Your questions
Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, 2 or email propertyquestions@irish-times.ie. This column is a readers’ service and is not intended to replace professional advice.
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