I am renting an apartment managed by a well-known agency. Our lift has been out of service for more than three weeks and there has been little communication as to when it will be repaired. All we have been told is the damage is extensive.We are living on the fourth floor with a two-year-old toddler and this is seriously affecting our lives. We have to carry our child up and down multiple times a day, often carrying bags and other items, which is quite unsafe. We both travel for work and when on our own we have only been able to shop for essentials as we can only carry one bag (just about) up the stairs while carrying our child. My parents are elderly with health and mobility issues, so they cannot visit or help with childcare when needed. We are due to move out in the next five-six weeks and are seriously concerned about how we will do this without a functioning lift.Our query is: are the management company breaking any health and safety rules by failing to rectify this in a timely manner? And if we are forced to move out without a working lift, will they be liable for any costs associated like paying for a moving company that can move our belongings safely down the stairs?This is a difficult situation, particularly given that you have a young child, are on the fourth floor and the lift has been out of service for an extended period. As a tenant, your contract is with your landlord and not the owners’ management company (OMC) and therefore this is a matter you will need to address with the landlord. Although the OMC exists for the benefit of and to represent the interests of the owners, this does not preclude it from owing certain duties of care or other responsibilities to tenants affected by its management of the common areas and services.The lift forms part of the common areas and therefore the OMC has a responsibility to get it fixed in a timely manner. The duration of the lift outage will be determined by factors including the availability of funds in the OMC. In circumstances where the cost of the repairs exceeds the funds held in the sinking fund or otherwise available to the OMC, additional funding may need to be sought from owners. Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland This can involve convening an extraordinary general meeting, obtaining the necessary approvals, issuing a levy to owners and collecting the resulting contributions. Each of these steps requires time and may result in a prolonged period before the lift can be returned to service. The age of the lift will also be a factor as obtaining parts that may have failed may not be possible due to obsolescence. It is common that with old lifts it is not possible to get replacement parts and therefore a much bigger job will have to be done, possibly lift replacement and this can take a considerable length of time to plan. An OMC should seek to avoid these situations of reactive maintenance and should be prepared by having preventive maintenance procedures in place such as a planned lift-modernisation programme.While the OMC may provide general updates to residents from time to time, its principal duty of communication is to the development’s owners, who comprise its membership and from whom it takes its instructions. In circumstances where a tenant requires information regarding maintenance issues or ongoing repair works, the appropriate point of contact is generally the landlord, who is likely to receive more information from the OMC about such issues.The fact that the stairs remain available does not automatically mean there is a health and safety breach, but the OMC must take reasonable steps to address the issue.The issue of compensation is a matter between yourself and your landlord. It is possible your landlord may be willing to cover such removal costs and provisions or this may be covered in your lease agreement.Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors IrelandThis column is a readers’ service. The content of the Property Clinic is provided for general information only. It is not intended as advice on which readers should rely. Professional or specialist advice should be obtained before persons take or refrain from any action on the basis of the content. The Irish Times and its contributors will not be liable for any loss or damage arising from reliance on any content