Communal lift

BeattieOG

Hi everyone
We are moving out of rented accommodation and while we were moving yesterday, the lift got stuck. It had a couple of mattresses in it. We called the management company and long story short they said that we (tenants) had to pay for them to come out and fix it as we 'probably' overloaded the lift. They quoted a £50 something call out fee and we agreed. They came and fixed it very quickly, stating it was overloaded or 'something was pressing against the wall' when we argued. Got the invoice today - £180 (call out fee, travel costs, admin fee, VAT).

Do you think we are responsible for the fee ?

Guest101

well if you overloaded it then yes, clearly

parkrunner

Does the lift state the maximum permissible weight or maximum occupants?

Guest101

parkrunner wrote: »

Does the lift state the maximum permissible weight or maximum occupants?

Just to be clear, even if it doesn't, if the fault was caused by the OP, they are liable

csgohan4

how many matresses and were they kingsize, double e.t.c?

Life is too short perhaps to argue on certain things.

BeattieOG

It wasn't overloaded, there was one single and one double mattress, plenty of space for probably two people in there too. There is a max weight and we were definitely nowhere near it. They're now saying you aren't allowed goods in there at all, which we were not aware of. If we had known, then we either wouldn't have done it or known we were taking a risk.

anselld

parkrunner wrote: »

Does the lift state the maximum permissible weight or maximum occupants?

It is nothing to do with weight. It is the fact that the mattresses stop the internal door from opening, probably concertina folding type. Then the whole lift stops until the doors can be freed.

Communal lifts often state "no unattended loads" for this reason.

Culprit pays I'm afraid.

JP08

I'd be surprised if a lift can be overloaded by the weight of mattresses if it is big enough to get them in there.

Googling "Weight of mattress" gave this as the first site :
http://www.factory-beds-direct.co.uk/understanding-beds/mattress-sizes/
Gives a good idea of the likely weight.

Even their artisan bespoke superkingsize is only around the weight of a single person. And takes up far more space.

Pushing on the walls ? The only way that would cause a problem is if the walls were bowed out far enough to jam the guides ? How hard did you ram them in ?

anselld

BeattieOG wrote: »

It wasn't overloaded, there was one single and one double mattress, plenty of space for probably two people in there too. There is a max weight and we were definitely nowhere near it. They're now saying you aren't allowed goods in there at all, which we were not aware of. If we had known, then we either wouldn't have done it or known we were taking a risk.

If there was room for a person then you should have gone in with it.

eddddy

BeattieOG wrote: »

Do you think we are responsible for the fee ?

It's quite a complicated question.

I assume you are tenants of the leaseholder. So you have no contract with the management company.

So it sounds like the mgmt co might be claiming damages from you because they think you were negligent.

Would a reasonable person have thought it was reasonable to put two mattresses in that lift? If so, you weren't negligent, so wouldn't have to pay.

Except it sounds like you entered into a verbal contract when you agreed to pay £50. In which case, you owe £50.


But if you don't pay, the mgmt co might charge your LL (under the terms of their lease), and your LL may be able to charge you under the terms of your AST.

BeattieOG

I think that it probably what happened - we had movers moving us, so I wasn't there at the time but came when it got stuck. Got it though - if we had been in it, we might have prevented it. Thanks for that info !