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who is responsible for damages for an apartment in a multi unit development?

June 25, 2025 #

Responsibility for damage in a multi-unit development depends on where the damage occurs—whether it’s inside a private unit or in the common areas.


🔑 Inside the Apartment (Private Unit)

  • The owner (or tenant, if responsible) is liable for any damage within their own apartment.
  • This includes:
    • Flooring, fixtures, appliances, internal walls, etc.
    • Damage caused by negligence (e.g. a leaking washing machine damaging a neighbour’s ceiling).
  • Tenants may be liable if they caused the damage during the tenancy—check the lease for details.

🏢 Common Areas (Managed by the OMC)

  • The Owners’ Management Company (OMC) is responsible for damage in common areas, such as:
    • Hallways, lifts, external walls, roofs, lighting, car parks, gardens, etc.
  • The costs of repairing these areas are usually covered through service charges paid by all owners.
  • If damage is caused by a specific person (e.g. a delivery driver or guest), the OMC may pursue them or their insurer for recovery.

⚖️ Insurance Matters

  • The OMC typically holds a block insurance policy that covers structural and shared elements.
  • Owners should have contents insurance for personal belongings and internal furnishings.
  • If the damage affects both private and common areas (e.g. a burst pipe), the source of the issue and the insurance policy will determine who pays.

In summary:

  • Owners/tenants = responsible for what happens inside their unit
  • OMC = responsible for the shared areas of the building

If you’re unsure, check your lease, the OMC rules, or ask your property manager for clarification.

What is the difference between the OMC and property management agent?

June 24, 2025 #

In multi-unit developments (like apartment blocks), two key roles are often confused: the Owners’ Management Company (OMC) and the Property Management Agent. Here’s how they differ:

🏢 Owners’ Management Company (OMC)

  • The OMC is a legal entity made up of the owners of the units (e.g., apartment owners).
  • Every owner automatically becomes a member or shareholder of the OMC when they buy a unit.
  • The OMC is responsible for owning and maintaining the common areas—this includes hallways, lifts, gardens, lighting, and structural elements like the roof.
  • It also collects service charges to cover these costs.
  • The OMC is governed by a Board of Directors, usually made up of volunteer owners.

🛠️ Property Management Agent

  • The agent is a third-party company hired by the OMC to carry out day-to-day management of the building.
  • Their role includes:
    • Organising repairs and maintenance
    • Managing cleaning and landscaping contracts
    • Collecting service charges on behalf of the OMC
    • Handling emergency repairs and resident queries
  • They do not own the building or make high-level decisions—they act under the instruction of the OMC Board.

âś… Summary

RoleOMCProperty Management Agent
Who they areMade up of all unit ownersA hired professional company
ResponsibilityOwn/manage common areas, make key decisionsCarry out day-to-day operations
AuthorityDecision-making powerActs under OMC instruction

In short:
The OMC owns and controls the building’s common areas, while the property management agent works for the OMC to keep things running smoothly.

How to market your property effectively ?

June 24, 2025 #

Successfully letting your property starts with strong marketing. Here are key steps to attract quality tenants:

1. High-Quality Photos

  • Use bright, well-lit photos taken during the day
  • Tidy up and declutter before taking pictures
  • Highlight key features like natural light, storage, or a spacious kitchen

2. Accurate & Engaging Description

  • Clearly state the number of bedrooms, bathrooms, and key amenities
  • Mention proximity to transport, shops, schools, or city centre
  • Use inviting language—highlight any recent renovations, views, or energy efficiency
  • Advertise on major Irish letting sites like Daft.ie and Rent.ie
  • Include clear contact details and availability for viewings

4. Set the Right Rent

  • Research similar properties in the area to stay competitive
  • Be realistic—overpricing can delay letting and lead to vacant periods

5. Stage the Property

  • A clean, fresh-smelling, and well-presented space rents faster
  • Consider repainting or minor upgrades if needed

6. Be Responsive

  • Reply quickly to enquiries and be flexible with viewing times
  • Professional communication sets the tone for the tenancy

Bonus Tip:
Work with a licensed letting agent who knows the local market and can handle viewings, tenant screening, and paperwork—saving you time and reducing stress.

How do final inspections work?

June 24, 2025 #

Before a tenant moves out, the landlord (or letting agent) will typically arrange a final inspection of the property. This is done after all belongings are removed and the property has been cleaned.

The purpose of the final inspection is to:

  • Check for any damage beyond normal wear and tear
  • Ensure the property is clean and in good condition
  • Confirm all furniture and appliances are accounted for (if furnished)
  • Take meter readings for utilities, where applicable

To prepare:

  • Make sure the property is thoroughly cleaned (especially kitchen, bathroom, and floors)
  • Remove all rubbish and personal items
  • Return all keys
  • Repair any damage you may have caused during the tenancy

The landlord will then compare the current condition with the original move-in inventory report or photos. If everything checks out, your security deposit should be returned in full. However, if there’s damage or cleaning needed, deductions may be made.

For tenancies registered with the Residential Tenancies Board (RTB), disputes over deposit returns can be resolved through their free dispute resolution service.

How often can a landlord inspect a property?

June 19, 2025 #
  • No fixed number in the legislation. Irish rental law gives landlords a right of access, but only at “reasonable intervals on agreed dates and times.” This is spelled out in the Good Landlord / Tenant Guide issued by the Residential Tenancies Board (RTB). rtb.ie
  • RTB best-practice benchmark: about once every three months. Both current RTB guidance on “Wear & Tear” and the RTB’s Small Landlords Survey state that a routine inspection every quarter (four per year) strikes a fair balance between maintenance needs and the tenant’s right to quiet enjoyment. rtb.iertb.ie
  • Notice and consent are essential.
    • The law does not set an exact minimum notice period, but RTB literature and industry codes expect at least 24 hours’ written notice (and longer where possible) plus the tenant’s agreement on a reasonable time of day.
    • Unannounced or excessively frequent visits can be treated as harassment and may be grounds for a complaint to the RTB.
  • Emergency exception. In genuine emergencies (fire, flood, gas leak, etc.) the landlord may enter without prior notice to protect people or the property.

Typical practice in well-run tenancies

Stage of tenancyCommon timing
“Settling-in” check2–4 weeks after move-in (optional)
Routine inspectionsEvery 3 months (quarterly) — some smaller blocks opt for twice-yearly if the property is low-risk
Pre-move-out check3–4 weeks before the tenancy ends

If your lease proposes anything more frequent, it still has to meet the “reasonable intervals” test. If visits start to feel intrusive, you can refuse a proposed time and suggest an alternative, or raise the matter through the RTB dispute-resolution process.

Why 3 quotes is important when getting work done in blocks?

June 19, 2025 #
  1. Value for Money
    • Comparing multiple quotes helps ensure the Owners’ Management Company (OMC) is not overpaying. It allows for fair market pricing and helps identify any inflated or unusually low bids that may signal poor quality.
  2. Quality Assurance
    • Different contractors may offer different materials, timelines, warranties, and levels of service. Reviewing several options helps assess who offers the best balance of cost and quality.
  3. Transparency & Governance
    • Seeking multiple quotes protects the OMC and its directors by showing that decisions were made fairly and without bias. It demonstrates accountability to unit owners and reduces the risk of disputes or claims of favoritism.
  4. Due Diligence
    • Especially when service charges are funding the work, it’s essential to show that the money is being spent responsibly. Multiple quotes support better decision-making and help avoid unnecessary costs in the long run.

âś… Summary:

Getting three quotes promotes fairness, quality, and financial responsibility—key pillars for managing shared property efficiently and transparently.

What happens at a site visit and how many are conducted each year?

June 19, 2025 #
  1. Purpose of a site visit
    • Site visits are conducted to inspect the condition of the development’s common areas, such as hallways, roofs, landscaping, lighting, bin stores, and other shared spaces.
    • The goal is to ensure that cleaning, maintenance, safety, and overall presentation meet agreed standards and that any issues are identified early.
  2. What happens during a visit
    • The visitor (often a representative from the Owners’ Management Company or a contracted professional) follows a checklist and examines specific areas for wear, damage, safety concerns, and cleanliness.
    • They may also assess the work of contractors and note anything that requires follow-up or repair.
  3. Reporting and follow-up
    • After the visit, a report is typically prepared outlining any issues found, what actions are needed, and whether any additional inspections or contractor visits are required.
    • These reports are shared with the board of the Owners’ Management Company and help inform maintenance plans and budgets.
  4. Frequency
    • While there is no legal requirement for a set number of site visits per year, most developments aim for quarterly inspections.
    • Larger or more complex developments may require monthly visits, depending on the needs of the property and what’s agreed upon by the Owners’ Management Company.

âś… Summary:

  • Site visits ensure shared areas are safe, clean, and well-maintained.
  • They usually happen quarterly but may occur more frequently if needed.
  • Findings are documented and used to guide maintenance decisions.

Can landlords walk around a property with no notice ?

June 19, 2025 #

No. In Ireland, landlords are not allowed to enter a rented property without providing proper notice. According to the Residential Tenancies Act, landlords must give at least 24 hours’ written notice before entering the property, and the visit must be at a reasonable time. Tenants have the right to quiet and peaceful enjoyment of the property, and any unannounced visits could be considered a breach of that right. Exceptions may apply only in cases of emergency, such as fire or flood.

Can we see how our service charges are being used ?

June 19, 2025 #

Yes. Under Irish law, specifically the Multi-Unit Developments Act 2011, owners are entitled to transparency regarding how service charges are spent. The Owners’ Management Company (OMC) is required to maintain proper financial records and provide annual accounts detailing all income and expenditure. These accounts are typically presented at the Annual General Meeting (AGM), and owners can request further breakdowns or clarifications if needed. This ensures accountability and helps owners understand exactly how their contributions are being used to maintain and manage the development.

What does OMC stand for?

June 12, 2025 #

OMC stands for Owners’ Management Company.

In Ireland, an OMC is a legal entity set up to manage the common areas of multi-unit developments (such as apartment blocks or housing estates with shared spaces). It is typically made up of the property owners within the development and is responsible for:

  • Maintaining shared areas (hallways, lifts, gardens, etc.)
  • Managing service charges and sinking funds
  • Ensuring compliance with fire safety and insurance requirements
  • Overseeing repairs, cleaning, and other communal services
  • Holding Annual General Meetings (AGMs) and keeping proper records

OMCs are governed by company law (usually as CLGs – Companies Limited by Guarantee) and must comply with the Multi-Unit Developments Act 2011.

What does a letting agent do ?

June 12, 2025 #

A letting agent acts on behalf of a landlord to manage the letting and, in some cases, the ongoing management of a rental property. In Ireland, letting agents are regulated professionals who must adhere to the rules set out by the Property Services Regulatory Authority (PSRA).

Key Responsibilities of a Letting Agent:

1. Marketing the Property
Letting agents handle advertising the property on appropriate platforms, arranging viewings, and highlighting its features to attract suitable tenants.

2. Tenant Selection
They screen prospective tenants, conduct reference checks, and ensure that all applicants meet the landlord’s criteria, helping reduce the risk of future disputes.

3. Lease Agreements
Letting agents draft and manage the signing of legally compliant tenancy agreements, ensuring all statutory requirements under the Residential Tenancies Act are met.

4. Rent Collection & Deposits
Agents may collect the first month’s rent and deposit, ensuring it is handled in accordance with the law. Some agents also manage ongoing rent collection.

5. Property Management (if included)
Many letting agents offer property management services, which can include:

  • Regular inspections
  • Coordinating maintenance and repairs
  • Handling tenant communications
  • Managing renewals and terminations

6. Legal Compliance
Letting agents ensure the landlord remains compliant with key legal obligations such as BER certification, rent pressure zone rules, and RTB registration.

7. Dispute Handling
If issues arise, agents may assist in resolving disputes or liaising with the RTB on the landlord’s behalf, depending on the scope of the service agreement.

Note: It’s essential for landlords to agree on the scope of services in writing and confirm the agent is licensed by the PSRA.

How to resolve disputes with tenants ?

June 12, 2025 #

Disputes between landlords and tenants can arise for various reasons, including rent arrears, property maintenance, or breaches of lease terms. In Ireland, it is important that landlords handle such matters in a fair, legal, and structured manner.

1. Attempt Informal Resolution First
Whenever possible, try to resolve the issue directly with your tenant through open and respectful communication. Document all discussions in writing (e.g. follow-up emails) to keep a clear record.

2. Understand Your Legal Responsibilities
As a landlord, you must comply with the Residential Tenancies Act and the regulations set by the Residential Tenancies Board (RTB). Ensure you are aware of your obligations regarding notice periods, rent increases, property standards, and more.

3. Use the Residential Tenancies Board (RTB) Dispute Resolution Service
If informal efforts fail, you can apply to the RTB for dispute resolution. The RTB provides two main mechanisms:

  • Mediation – A confidential process where an RTB mediator helps both parties reach a mutually acceptable agreement.
  • Adjudication – A more formal process where an independent adjudicator hears evidence from both sides and makes a legally binding decision.

Applications can be made online at www.rtb.ie.

4. Enforce RTB Decisions if Necessary
If a tenant does not comply with a determination order from the RTB, you may need to seek enforcement through the District Court. This process is handled under Section 124 of the Residential Tenancies Act.

5. Seek Professional Advice
When in doubt, consider consulting a solicitor or a property management professional with expertise in Irish tenancy law to ensure that all actions you take are legally sound.

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