Eircom then come out and say that it is an old alarm and cannot be reset and that a new one needs to be installed, we are then told by Sherry fitz that as the property was not "advertised" with an alarm, that we will have to bear the financial cost of a new alarm installation.
It would be great to get some advice on the landlords obligations, but also, does anyone know anything about alarms, I've finding it hard to believe the story from eircom that the codes cannot be reset.
I presume what Eircom meant was that the alarm was not and can not be connected to their monitored alarm system? Even if the alarm was connectable, you would still have to pay a (hefty) fee for reconnection - its not just a case of 'resetting codes' if the connection has been disabled for some time. The landlord was therefore to my mind lying outright when he was delaying on 'giving you the codes' - he must have been well aware that the alarm was not connected to a monitored system (and possibly never had been if Eircom said the alarm type is unusable with their service?)
In terms of landlord's obligations/your legitimate expectations, I think you are conflating two different things. I certainly think that you could argue that you had a legitimate expectation that there would be a functioning alarm, having seen the alarm box in the property when you viewed it. I don't think you could argue that you had a legitimate expectation that there would be a functioning Eircom monitored alarm system
- if there had been, I would have expected the contract to specify that and make clear whether the monthly cost was part of the rent or whether it was additional cost that the tenant was expected to pay directly to Eircom.
We rented out our house some time ago with a functioning monitored alarm system. I thought we had made clear to the tenants that we expected them to maintain the contract with Eircom but either we weren't clear enough or they ignored us. I regret not putting it clearly in the contract, as when we got the house back, the alarm had been disabled and the sensors broken - it cost a fortune to reinstate the sensors and reconnect the alarm.
If I were you, I would request the landlord to bear the cost of installing a functioning alarm system and make it clear that you will bear the cost of the monthly monitoring charge. However, I doubt you get very far unfortunately.