Management company of flats refusing to grit

Bacardi_queen

Hi all,

Hope someone might be able to help. I live in a block of flats on private land that is run by a management company. There is an underground car park and a main road that runs around the estate as well as a fairly steep hill that is the only exit out of the estate.

In the winter last year during the ice and snow, the management company put up signs all around the area including the car park to say that they were not responsible for gritting the area. Several people had accidents on the roads around the estate due to snow, including the main and only exit to the estate on the slope. It almost became impossible to drive in/out of the area and into the car park as this is also on a slope.

Are they correct in saying that they don't have to grit the roads? I understand that the Occupiers Liability Act should pose an obligation on someone to make sure that the roads and footpaths are safe? I would have thought the landlord would have this obligation which would then surely be contracted out to a management company which would form part of the ground rent. Perhaps I'm being optimistic.

Any help/thoughts would be greatly appreciated.

Thanks

Bacardi_queen

BitterAndTwisted

Nope, all expenses of this nature are passed onto the residents as part of the service-charges. If the management company won't accept responsibility for organising it then I suggest that the residents do and share the cost between them.

Richard_Webster

What does the lease say about maintenance of the access driveways and footpads on the development?

hellokitty08

Im a crafty so and so, I rang up my agent and asked very nicely and two days later two bags appeared!

Bacardi_queen

Richard Webster - would I be allowed to see the lease? I have the tenancy agreement somewhere, I'll have to dig it out but I don't remember it mentioning anything about gritting. I'm not the leasholder, only a tenant in the building.

BitterAndTwisted - the thing is, it's a huge development and I doubt it would be possible to organise something like that. I would have thought it would be part of the management contract but I guess I was being naive!

JQ.

Why not grit it yourself? Myself and a number of other residents gritted our little cul-de-sac, so none of us have had any problems over the last few weeks. Large bags of grit are £3 at Costco.

I'm guessing the management co don't want to do it, because they'll then be responsible if someone falls on the gritted road / pavement and claims COMPO.

Richard_Webster

Richard Webster - would I be allowed to see the lease? I have the tenancy agreement somewhere, I'll have to dig it out but I don't remember it mentioning anything about gritting. I'm not the leasholder, only a tenant in the building.

OK, that could be difficult, I had assumed that you held a long lease.

Essentially if the lessees of the flats get together they might be able to make the freeholder/management company do some gritting - if the leases clearly make the freeholder or management company responsible for the maintenance of the roads and footpaths.

olly300

Bacardi_queen wrote: »

Richard Webster - would I be allowed to see the lease? I have the tenancy agreement somewhere, I'll have to dig it out but I don't remember it mentioning anything about gritting. I'm not the leasholder, only a tenant in the building.

Does your tenancy agreement state anything that states you have to comply with the terms in the leasehold? And if it does, does it state what they are? If it doesn't then you should ask verbally then in writing for a copy of the terms you are suppose to comply with.

Depending on the agent/landlord you may end up with a photocopy of the full lease or just a copy that states the terms you have to comply with.

Bacardi_queen wrote: »

BitterAndTwisted - the thing is, it's a huge development and I doubt it would be possible to organise something like that. I would have thought it would be part of the management contract but I guess I was being naive!

Everything really depends on the management company.

Some developments have residents associations initially set up by the management company (even if it's a private management) company doing it) while others are set up by residents and others don't at all.

The only thing is being a tenant not a leaseholder you aren't welcome unless your landlord, the actual leaseholder, gives you permission to.

clutton_2

i live in an area which has a long dirt track down to the properties.... when weather is bad - we park at the top of the track to avoid struggling up iced up hills - works for me

olly300

clutton wrote: »

i live in an area which has a long dirt track down to the properties.... when weather is bad - we park at the top of the track to avoid struggling up iced up hills - works for me

Stop being sensible.

We are all entitled to have things gritted even if we don't live opposite a primary school or have a bus go down our road.

moromir

Are you sure the paths and entrance road belong to the 'development'? I once lived on a flat development where the local council had adopted the entrance road and pathways and maintained them, the management company didn't have any right to carry out work on them.