Management Company Liability...?

[bas12345]

Hi All,

I'm a new member with a very specific legal query.

I bought a flat under which is my allocated parking space. Under the plan on the lease there is nowhere specifically allocated for bin storage. The management company have sighted the bins and recycling in an area that if I park my car and motorbike as per my lease, the bins cannot be removed by the refuse collection company and access to the bins by residents places my property at risk of damage. To be reasonable and helpful, I have parked my vehicles slightly back of the parking space, not impinging anybody else. However, my property has been damaged, to the tune of more than £4K. There are no signs up in the parking area disclaiming liability, but then is it really the management company that are liable, or is it me as the lessee (or am I the leasor!?). Even though I didn't locate the bins there?

My lease has an expressed quiet enjoyment covenant within it. My lease is not with the management company, but with some kind of land owners company, I think I may have a share in as a lease owner? The management company are some kind of third party?

I have investigated a number of more suitable (in my opinion) alternative locations and am going to propose these to the management company.

What is the best I can hope to get out of this situation? A successful claim for damages to my property? Re-siting of the bins, at the expense of the management company?

Any advice gratefully received?

Bri

[kevlarion]

Don't think this really comes under health and safety, damage to property is something you should speak to a lawyer about and give them a copy of the lease to read, the devil is in the detail about whether that parking space is designatged for parking only, assigned to you, and the bins which are being kept in it are someone elses responsibility... you would then need to prove a causual link between the damage, and a factor that is under someone elses control, so that you can claim that other person for your loss.
In the meantime I would talk to the land owner about where the bins are sited so that you can use your parking space unencumbered.

[bas12345]

Thanks Kevlarion.

Hhhmmmmm, perhaps you're right and i've spoken 'unofficially' to some property lawyers but I can't really afford to instruct one to act on my behalf. I'm trying to get a feel for if I have any grounds to even consider bringing a case against them. If so, I will look to take it to the small claim court and represent myself.
1. Parking space is for my sole use, as a parking space only.
2. The management company control where the bins are sited and the damage was caused by people accessing the bins, this is out of my control.
3. I'm proposing alternative sites to locate the bins, such that future damage does not occur.
Cheers
bas

[Alexis]

Hi bas and Welcome.

Terrible situation you have there. Like Kev, I too would think you need to speak to a lawyer, however, as you point out, this could be major extra expense, so may I suggest having an initial discussion with your local Citizens Advice Bureau.

The C.A.B. do have lawyers available for advice and even would, in some cases, attend court with you and act on your behalf. They are excellent at advising and I personally would recommend approaching them.

As for the H&S side of things, I am not entirely sure the situation you describe could not be a potential hazard, so maybe, just maybe, there may well be H&S implications that a lawyer could incorporate into the brief.

Someone else may come in with some H&S replies for you.

Good luck to you bas. Hope it works out in your favour and would like to hear, if possible, how it turns out.

[Jack Kane]

Hey Bas,

Welcome to the forums

Glad to have you with us and I hope you get your issue sorted.

[HelenPJ]

Hi Bas,

If you live in England or Wales, have a look at this website

http://www.communitylegaladvice.org.uk/" onclick="window.open(this.href);return false;
and here for contact details, including Helpline
http://www.communitylegaladvice.org.uk/en/about/" onclick="window.open(this.href);return false;

We are a free and confidential service paid for by legal aid, which helps people deal with their problems through a helpline, website and leaflets.

hope this helps

[HelenPJ]

If you live in Scotland, Scotland Legal Aid Board Online
http://www.slab.org.uk/" onclick="window.open(this.href);return false;
Northern Ireland Legal Services Commission
http://www.nilsc.org.uk/" onclick="window.open(this.href);return false;