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BanjoBob
Posts: 14 Forumite
Hi All,
Seeking advice on what to do in this situation regarding damage and possible future damage to my car in an assigned car parking that is situated within the gated courtyard for the flat which I rent.
The situation is:
We rent a flat which comes with an assigned car parking space.
The allocated space is within a gated courtyard (for the flats), but unfortunately is situated beneath some of the flat windows (as opposed to some others which are not adjacent, and some which are in a parking garage). Recently, an ornament has fallen out of one of the flat windows and landed on the car, smashing windows and denting panels. The flat owner took responsibility (possibly because the incident was witnessed and they were told that something had fallen from their window), and the repair cost came just shy of 5k.
I’m now concerned that once i get the car repaired and park it back again in the same spot, that something might happen again but perhaps next time I won’t be lucky to have the responsible person come forward, hence leave me with a large repair bill or increased costs from the result of insurance claims (i.e. renewal increases and possibly loss of no-claims).
My questions are:
- Should the flat building management company have insurance to cover such costs?
- I have raised this problem to them and asked them to resolve (though I am ignored so far) - should this make them responsible (or even liable) for any future issues now that I have raised the situation?
- Since I rent the apartment with a space, should the landlord do something or have some future responsibility?
Seeking advice on what to do in this situation regarding damage and possible future damage to my car in an assigned car parking that is situated within the gated courtyard for the flat which I rent.
The situation is:
We rent a flat which comes with an assigned car parking space.
The allocated space is within a gated courtyard (for the flats), but unfortunately is situated beneath some of the flat windows (as opposed to some others which are not adjacent, and some which are in a parking garage). Recently, an ornament has fallen out of one of the flat windows and landed on the car, smashing windows and denting panels. The flat owner took responsibility (possibly because the incident was witnessed and they were told that something had fallen from their window), and the repair cost came just shy of 5k.
I’m now concerned that once i get the car repaired and park it back again in the same spot, that something might happen again but perhaps next time I won’t be lucky to have the responsible person come forward, hence leave me with a large repair bill or increased costs from the result of insurance claims (i.e. renewal increases and possibly loss of no-claims).
My questions are:
- Should the flat building management company have insurance to cover such costs?
- I have raised this problem to them and asked them to resolve (though I am ignored so far) - should this make them responsible (or even liable) for any future issues now that I have raised the situation?
- Since I rent the apartment with a space, should the landlord do something or have some future responsibility?
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Comments
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That is why you have insurance.
Unless the flat or building owner was deemed negligent there was no (legal) need for them to pay up.0 -
Get a dash am that has parking mode and point it in the direction of the threat0
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Unless the flat or building owner was deemed negligent there was no (legal) need for them to pay up.
You mean the owner of my flat i suppose? My landlord / the building mgt company haven't paid. But if i raised the problem to the building management company now, i didn't think unreasonable for them to try to find me another space (although it doesn't solve the root problem), or put netting / shelter / something similar up above those few spaces affected to protect them better (i thought it was an accident waiting to happen when i saw it, and indeed it happened to my car first). Negligence is a strong word though so I can perhaps see your point here - but could the same be said if something now fell on a child's head instead (now that an incident has been known to have occurred)?
If you mean the owner of another flat who drops something out the window, then i didn't explain how the windows open fully outwards from bottom to top (i.e. hinged at the top), with the bottom part of the window frame that sits between the window ledge and the outside world being only about 1.5cm tall. I never put anything on our ledge by the window as it really seems like basic common sense not to - a light breeze would even blow things out as the frame would only stop something the size of a marble.0 -
You need to treat this claim in the same way you would treat any damage to your car.
It could easily have happened in any similar location that you parked your car so I don't see that the management company should be responsible for the repair.
If you want to find out about any other space available to park I also believe that you should do this via your LL.It is their property you rent and their agreement with the management company not yours.
I'm surprised you have been able to discuss it with the management company at all,the companies I have dealings with all specify that contact should be via the leaseholder and not the tenant as it is ultimately the leaseholder who pays the
management charges
Your LL isn't responsible but you could point out that the positioning of the space is less than adequate and they may be able to sort something if they wish with the management company.
Your other very strong option is to move,you are in rented and you can site it a the main reason you are leaving the property to the LL. Sometimes that will encourage the LL to take action if you and even others have found the space not vandal proof.in S 38 T 2 F 50
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I suppose if you have concerns about the design of the windows you could raise it with your landlord who could in turn raise it with the freeholder. I doubt the windows would be changed but maybe some sort of netting could be put up to catch falling objects. Damage to your car is a PITA but imagine something fell and hit someone on the head.0
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I agree pixie its certainly something that perhaps the owner of the property could bring up at the next AGM meeting with the managing company.
It all depends how proactive they are.
OP politely suggest that to you LL.
Some LL's are not aware of potential issues until they are bought up simply because they don't live in the property on a day to day basis
not unreasonable to speak to the LL imo at least to advise of the issue.in S 38 T 2 F 50
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need_an_answer wrote: »It could easily have happened in any similar location that you parked your car so I don't see that the management company should be responsible for the repair.
Well, of course i i park in the local tesco I wouldn't expect the flat management people to repair it
. Since i am parking in the assigned flat space in the flat gated courtyard though, whilst i can see they can say it was unforeseen for the current damage and not be responsible as such, I was thinking that they might need to take some responsibility for future damage now they are alerted to the scenario and risk of it happening again, and could hence do something to avoid future incidents.
Indeed, they haven't responded to me at all! I emailed them and got ignored .. but yes, I was thinking about going via my landlord next but thought i'd check out opinion on here so i can get my thoughts sanity checked...need_an_answer wrote: »I'm surprised you have been able to discuss it with the management company at all,the companies I have dealings with all specify that contact should be via the leaseholder and not the tenant as it is ultimately the leaseholder who pays the management charges
True, one option is to move. Another is to try and rent another space at my own cost but for more peace of mind. Or i could possibly buy a car sized gazebo :rotfl:0 -
I suppose if you have concerns about the design of the windows you could raise it with your landlord who could in turn raise it with the freeholder. I doubt the windows would be changed but maybe some sort of netting could be put up to catch falling objects. Damage to your car is a PITA but imagine something fell and hit someone on the head.
Yep, it was only on this board that I was thinking it could be catastrophic if something fell on someones head - certainly something I think its worth me mentioning through my LL.
I suppose the counter-argument is that there are so many balconies and windows that people walk past in the city, that everyone can't be expected to put up netting. But then again, ledge/windows are usually designed as poorly as they are in this complex. I'm arguing both side here.. better stop!0 -
Well, of course i i park in the local tesco I wouldn't expect the flat management people to repair it . Since i am parking in the assigned flat space in the flat gated courtyard though, whilst i can see they can say it was unforeseen for the current damage and not be responsible as such, I was thinking that they might need to take some responsibility for future damage now they are alerted to the scenario and risk of it happening again, and could hence do something to avoid future incidents.
Indeed, they haven't responded to me at all! I emailed them and got ignored .. but yes, I was thinking about going via my landlord next but thought i'd check out opinion on here so i can get my thoughts sanity checked...
True, one option is to move. Another is to try and rent another space at my own cost but for more peace of mind. Or i could possibly buy a car sized gazebo :rotfl:
Sorry you seem to take issue with my response but the management company will have little or no dealings with tenants.
I guess my q is if you parked in Tesco whos responsibility would you expect the repair to fall on
You need to get your LL onside simply because that is whom your contract to rent the property is with.
Buying a car sized gazebo,check your lease first that you can do this,erecting one may be in breach of either yours or your LL's lease.
of course you could end up with the management company putting up notices saying parking is at your own risk for all leaseholders and tenants...just like Tescos do I believein S 38 T 2 F 50
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