Need advice on how to take legal action against my freeholder ( property management firm)

Ubaka

Hi all,

I really need some help with what to do. My property management company IDM are doing a rubbish job of fixing a damaged gate in our complex. This issue has been going on for almost 2 years. Everytime they try and fix the gate they fail and it bangs shut keeping us awake at night. I have emails going back so long ago with formal let's of complaints etc. I'm at the stage where I want to legal force them to fix the gate to a suitable standard. It's tricky as it's my word against theirs and it seems no one else in the complex is affected. Can anyone advise what kind of lawyer I should get in touch with? I have approached the council and the ombudsman however the council cant do anything as it's s private property and the ombudsman takes minimum 6 weeks and they are not guaranteed to take the case. I'm at my wit's end. It's affecting my life to the point s it's suffering as I lacking sleep. Thanks community and I look forward to hearing from you.

forgotmyname

Been going on for 2 years, whats another 6 weeks?

At least thats free where legal action is likely to cost you. What proof do you have that the repair is substandard? Not someone forgetting to latch it properly or breaking it as as its fixed?

Ubaka

The six weeks it's a minimum time and could take longer plus I'm not gauranteed to have the case taken forward. Well this is the tricky part is my word against his but I do have two years worth of correspondence. Some of it clearly showing a lack of communication and sub standard service i e. Not responding to formal emails and request for information. My neighbors although not adversely affected can hear the gate bang aswell. Further to this, I work as a mechanical design engineer so I know that a facilities manager IDM are not great. I am considering doing a noise survey to prove that the gate causes negative impact to our property both in airborne and vibrational noise. IDM tried to blame us as we changed our windows and are saying that the acoustic performance is less than the original however, I can still hear the gate just as loud from the downstairs and those windows we never replaced. He can't demonstrate that the gate has been fixed exactly as it was in the original installation anyways. The gate isnt latched it's a push button entry and key card. So do you know what kind of lawyer its best? I'm so done and I want to know where I lie sooner rather than later. I can't wait 6 weeks as my life is suffering even as I type this message. Thanks for your time to respond.

forgotmyname

Its not going to get sorted inside 6 weeks. You employ your legal help which will take time to get an appointment to explain your side and then they need to write to them and await a reply which could be longer than 6 weeks anyway.

Then you say its your word against theirs, so will you be wasting money?

What is the actual fault with the gate?

davidmcn

Ubaka wrote: »

The six weeks it's a minimum time and could take longer

Any other form of legal action will take even longer.

bris

Stick a brick behind it to stop it opening until it's done, simple things in life are free.

CakeCrusader

You need a civil litigation Solicitor. The first appointment's usually free (do check with the firm if you call to make an appointment though), and you may not necessarily have to go down the legal route, sometimes the Solicitor sending a letter's enough (this will cost you about £100, depends on their fees), mediation's also an option and it costs a lot less then court action. It won't take you 6 weeks to get a appointment and for the Solicitor to send out a letter, seriously. You can do a search for a Solicitor here; http://solicitors.lawsociety.org.uk/ Just look pop consumer and civil into the search and your postcode.

Ubaka

Cakecrusader thanks for the info. Can I ask if the LL it's saying they fixed it and they have done as much as they can, can I still contest? I seriously do not believe the gate has been fixed to the right standard and I don't feel they have tried every option. Changing the whole gate may ultimately be the solution.

NeilCr

Who actually employs IDM? Do the residents own the freehold or is there a separate freeholder? Have you tried raising the matter with them to see if they can put pressure on IDM?

Ubaka

I've spoken to a few of the neighbors but they are not really affected. Our house is connected to the gate as it's the first in the property. From their perspective, they are installing a new Maglock and that's the end of it. Operationally, the gate bangs when it shuts. They are almost washing their hand of it and are like well we are following the installation instructions. We share the facility with hundreds of other tenants some rent, some own leasehold like us. We can't just prop the gate open and don't want to be in breach of contract. As a mechanical engineer, I am convinced a solution exist but to be honest, the whole gate may have to change plus, it's not my area of expertise. This is where I need to know legally if I stand a chance to force IDM to do such major works because if hey have 1 unhappy tenant over a hundred then they may just dig their feet in the ground. Another issue is that the gate is a nuisance at night and early morning before it is opened for the day. IDM have never suggested to survey at night and only brought the architect down a few weeks ago after almost 2 years of complaints. There are constant communication issues between token and staff and I'm constantly having to chase them for comments. In my opinion they are pretty useless unless it's changing a lightbulb

POPPYOSCAR

Do you have legal cover on your house insurance?

On ours we are covered by things such as this.