Who’s Responsible for Window Upgrades?

The previous summer, my spouse and I, along with our little girl, relocated to a rented flat on the outskirts of Dublin. In the chillier months, we discovered that the windows in the residence were in an awful state. The sealant was flawed, causing mould to accumulate along the crevices. With constant cleaning necessary, we recognised that the wooden windows were in dire need of repair. We raised the issue with our landlord, querying the possible remedy of repairing, sealing, or replacing them. However, they pointed towards the managing company stating it was outside their jurisdiction. So, the question stands, who should undertake such repairs?

Any delay in resolving dampness can speed up the decay of the timber frames. In this instance, avoidance will merely compound the problem and escalate the cost of the ultimate resolution. It is within a landlord’s remit to provide a damp-free environment for tenants in their rental property. It is incumbent upon tenants as well to facilitate adequate ventilation and inhibit dampness and mould growth. This would necessitate the necessary tools being provided by the landlord. Details on the rights and duties of both landlords and tenants can be referenced from the Residential Tenancies Board’s website.

To identify who has the responsibility of maintaining the window frames, one must look into the lease agreement made between the landlord and the Owner’s Management Company (OMC). Different contracts might place the duty of maintaining doors and windows on different parties. Sometimes it is the homeowner, while at other times the OMC take responsibility. Timber necessitates care and predominantly fluctuates based on exposure to various factors. For instance, if the property is in a coastal area, the window frames are exposed to salty air, high winds, moisture, and harsh sunlight, mandating more frequent maintenance.

A landlord has the option to take a proactive role in these matters by becoming a director of the OMC. This would enable them to participate in decision-making and address issues like dilapidated windows that would lead to better management of the building overall.

Owners Management Companies (OMCs) can gain significantly from engaging directors who are well-rounded in their skill set and background. A more diverse board can align OMC’s operations more accurately with the desires of its members and efficiently fulfil all organisational obligations.

An adept and sagacious OMC ensures the establishment of sufficient sinking funds to facilitate sustainable growth through enduring investments. However, it is paramount that these sinking funds are not only well-funded but also effectively overseen. Despite a pledge from the current government to re-examine the Multi-Unit Developments Act of 2011, no actions have been taken up till now.

As a chartered property and facilities manager, along with being an esteemed member of the Society of Chartered Surveyors Ireland, Paul Huberman is recognised for his extensive knowledge and prowess in field.

Written by Ireland.la Staff

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