Estate Agent help - Damage to my car

hanspe12

davidmcn said:

hanspe12 said:

greatcrested said:

hanspe12 said:

I just want to know a couple of things..
1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?
4. Does this count even count as 'negligence' by the LL/EA  - because we've contacted them plenty of times over 2 weeks and nothing's been done? And by nothing, I mean they haven't contacted us at all, we haven't had any contact with the LL etc. 
5. If I got contractors out myself to fix the issue, would they have to pay it, or would I?

1. Perhaps. Provided you can prove that you reported this properly and the landlord acted negligently by taking no action

2. The landlod. As above

3. No. Since you clearly know the risk so you acted negligently by parking beneath it

4. Yes potentially. See 1 above.

5. You, since you instructed the contractors. There is a mechanism for then deducting the cost from future rent, but you must follow a very precise process. See Shelter here

Note that

A) the agent can not take any action unless authorised/instructed by the landlord

the landlord is responsible.It's his property. Have your reported it properly, to the landlord, in writing, at thepostal addressprovided "for serving notices"?

We don't actually have any contact details for our landlord apart from the name and address on the contract (which is a business address). 

Those sound like the contact details then.

Well.. not really when its a business address and the business isn't open at the moment due to the lockdown? There's no phone number. The phone number of the business isn't being answered.  Also, as I stated previously, we have a CONTRACT stating that any issues should be REPORTED THROUGH THE ESTATE AGENTS. 

davidmcn

hanspe12 said:

davidmcn said:

hanspe12 said:

1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?

Why would any of these happen if you already know that the aerial is hanging down and liable to fall? Surely you just barricade off the "drop zone" until it gets fixed?

Okay I get your point, but there's literally no one else for me to park due to how our street is.

Ok, then find somebody with a ladder and get the aerial down. Sorted.

hanspe12

davidmcn said:

hanspe12 said:

davidmcn said:

hanspe12 said:

1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?

Why would any of these happen if you already know that the aerial is hanging down and liable to fall? Surely you just barricade off the "drop zone" until it gets fixed?

Okay I get your point, but there's literally no one else for me to park due to how our street is.

Ok, then find somebody with a ladder and get the aerial down. Sorted.

Ok, but wouldn't I then be responsible for paying for a new aerial/the aerial to be reattached? Even when they have been negligent about getting the issue sorted?

greatcrested

hanspe12 said:

davidmcn said:

» show previous quotes

Ok, then find somebody with a ladder and get the aerial down. Sorted.

Ok, but wouldn't I then be responsible for paying for a new aerial/the aerial to be reattached? Even when they have been negligent about getting the issue sorted?

Yes. And for any damage the contractor did.

greatcrested

hanspe12 said:

greatcrested said:

hanspe12 said:

I just want to know a couple of things..
1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?
4. Does this count even count as 'negligence' by the LL/EA  - because we've contacted them plenty of times over 2 weeks and nothing's been done? And by nothing, I mean they haven't contacted us at all, we haven't had any contact with the LL etc. 
5. If I got contractors out myself to fix the issue, would they have to pay it, or would I?

1. Perhaps. Provided you can prove that you reported this properly and the landlord acted negligently by taking no action

2. The landlod. As above

3. No. Since you clearly know the risk so you acted negligently by parking beneath it

4. Yes potentially. See 1 above.

5. You, since you instructed the contractors. There is a mechanism for then deducting the cost from future rent, but you must follow a very precise process. See Shelter here

Note that

A) the agent can not take any action unless authorised/instructed by the landlord

the landlord is responsible.It's his property. Have your reported it properly, to the landlord, in writing, at thepostal addressprovided "for serving notices"?

Thank you for this, it was very helpful. 
Just so that I'm aware, if it happened different and the aerial had damaged my car (or someone else's) when it WASN'T hanging down the side of the house (therefore we didn't know it was loose), would it be different? For example, if it was loose and had fallen in a storm? Or would it be different if we had a driveway as part of the property and the aerial was dangling over the house over the driveway above the car? Sorry, for all the questions, I'm just really intrigued in how all of this works
In terms of reporting it properly, in our contract it states that all issues need to be reported via phone or email to the estate agent. We don't actually have any contact details for our landlord apart from the name and address on the contract (which is a business address). 

I'm not going to get into hypotheticals. If you are intrigued, apply for a law degree course!

Please quote the wording in your contract.

Note that by law, a tenant must be given a postal adress in Eng or Wales "for serving notices on the landlord". Without this, you do not have to pay rent.

But it can be any address, eg LL's home, his mum's home, his business address, his letting agent's address.....the point is that if you write there, the law assumes he receives it, whether he actually does or not.

Landlord and Tenant Act 1987 section 48.

If the contract instructs you to use phone/email, I would do that as well, but the contract cannot over-rule the statutury reqirement of the Act.

davidmcn

hanspe12 said:

davidmcn said:

hanspe12 said:

davidmcn said:

hanspe12 said:

1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?

Why would any of these happen if you already know that the aerial is hanging down and liable to fall? Surely you just barricade off the "drop zone" until it gets fixed?

Okay I get your point, but there's literally no one else for me to park due to how our street is.

Ok, then find somebody with a ladder and get the aerial down. Sorted.

Ok, but wouldn't I then be responsible for paying for a new aerial/the aerial to be reattached?

This is the tv aerial for your house? Which you're presumably not using? And future occupiers are even less likely to use? I wouldn't worry about it.

Norman_Castle

hanspe12 said:

davidmcn said:

hanspe12 said:

davidmcn said:

hanspe12 said:

1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?

Why would any of these happen if you already know that the aerial is hanging down and liable to fall? Surely you just barricade off the "drop zone" until it gets fixed?

Okay I get your point, but there's literally no one else for me to park due to how our street is.

Ok, then find somebody with a ladder and get the aerial down. Sorted.

Ok, but wouldn't I then be responsible for paying for a new aerial/the aerial to be reattached? Even when they have been negligent about getting the issue sorted?

Its possible they could ask for the cost of reconnecting the cut wires but not to re fit the aerial. The aerial fitter would include the very minimal cost in the job.

If there's a risk to people or property your minimal involvement in cutting the wire can be justified.

Take photographs before removing it.

Rosemary7391

hanspe12 said:

davidmcn said:

hanspe12 said:

greatcrested said:

hanspe12 said:

I just want to know a couple of things..
1. If I was injured by the aerial falling, would I be able to sue?
2. If somebody else was injured by the aerial falling, would they be able to sue me, or the EA/LL?
3. If my car was damaged, would they be liable? Would they have to pay for my car to be fixed? Due to negligence?
4. Does this count even count as 'negligence' by the LL/EA  - because we've contacted them plenty of times over 2 weeks and nothing's been done? And by nothing, I mean they haven't contacted us at all, we haven't had any contact with the LL etc. 
5. If I got contractors out myself to fix the issue, would they have to pay it, or would I?

1. Perhaps. Provided you can prove that you reported this properly and the landlord acted negligently by taking no action

2. The landlod. As above

3. No. Since you clearly know the risk so you acted negligently by parking beneath it

4. Yes potentially. See 1 above.

5. You, since you instructed the contractors. There is a mechanism for then deducting the cost from future rent, but you must follow a very precise process. See Shelter here

Note that

A) the agent can not take any action unless authorised/instructed by the landlord

the landlord is responsible.It's his property. Have your reported it properly, to the landlord, in writing, at thepostal addressprovided "for serving notices"?

We don't actually have any contact details for our landlord apart from the name and address on the contract (which is a business address). 

Those sound like the contact details then.

Well.. not really when its a business address and the business isn't open at the moment due to the lockdown? There's no phone number. The phone number of the business isn't being answered.  Also, as I stated previously, we have a CONTRACT stating that any issues should be REPORTED THROUGH THE ESTATE AGENTS. 

I'd probably send a letter to both the LL address and the EA, and email it over as well, just to cover all the bases. You have to assume the LL knows that's the address you've got and will have made appropriate arrangements regarding post. If they haven't that's their problem - don't let it become yours by allowing this aerial to fall on your car or worse.

Jumblebumble

greatcrested said:

hanspe12 said:

davidmcn said:

» show previous quotes

Ok, then find somebody with a ladder and get the aerial down. Sorted.

Ok, but wouldn't I then be responsible for paying for a new aerial/the aerial to be reattached? Even when they have been negligent about getting the issue sorted?

Yes. And for any damage the contractor did.

It of course would be totally wrong for me to suggest that If you added some extra weight to the antenna itself by tugging and it broke off that you would then be able to avoid getting into any discussions about damage

theartfullodger

hanspe12 said:

Unfortunately, the street in incredibly small - only 10 houses - and there is literally no other place I can park. ....

Errr - clearly this is incorrect, there must be several other places you could park within 5 miles walking of your front door.

The liability is always with the owner of the property/and-or the landlord (they may be different people).  The agent simply works for the landlord (ie not for you..).

a) Park somewhere else...

b) write (yes WRITE/email) to landlord (yes LANDLORD) copy agent, keep copy, about all repair issues, using the process and draft letter on Shelter Cymru's website here...

https://sheltercymru.org.uk/get-advice/repairs-and-bad-conditions/repairs-in-private-tenancies/reporting-evidence-access/