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High Court dismissed an appeal from the Residential Tenancies Board, and affirmed determination that the landlord of an apartment was not responsible for maintenance of common areas in an apartment complex. The Tribunal had found that these were the responsibility of the Owners' Management Company (OMC). The High Court affirmed the Tribunal's interpretation of the Act, concluding that the landlord was not responsible for areas not owned or controlled by them, and thus the appeal was refused.
Residential Tenancies Act 2004, Tenancy Tribunal, High Court, Owners' Management Company (OMC), common areas, maintenance obligations, landlord and tenant dispute, Housing (Standards for Rented Houses) Regulations 2019, Multi Unit Developments Act 2011, statutory appeal, dwelling definition, section 12 obligations, appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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