PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Renting a flat - damage to car in parking - responsibility?

2

Comments

  • BanjoBob
    BanjoBob Posts: 14
    First Post First Anniversary
    Forumite
    Sorry you seem to take issue with my response but the management company will have little or no dealings with tenants.
    No issue taken with your response at all (sorry if it read that way), and thank you for providing your view!
    I guess my q is if you parked in Tesco whos responsibility would you expect the repair to fall on
    I suppose that depends on the situation - but if i parked in Tesco and there were similar spaces with windows directly above them, i'd naturally avoid using those spaces and park in a different spot (I'd have done that even before this happened at my flat... I didn't like the looks of the flat space when i found out which is was after i moved in, but couldn't do anything to change it at that time and figured nothing would happen).


    Agree with you re: gazebo - the idea wasn't meant to be too serious (hence my smiley use - perhaps I'm not used to forum etiquette yet), as i imagine you're right, i would probably be breaching something.
  • need_an_answer
    need_an_answer Posts: 2,812
    First Anniversary First Post
    Forumite
    I do feel that a constructive polite conversation with your LL might be in order.

    You cant get them to pay but you may get them to see the implications you point out and then they can take the issue forward with the management company

    As I said earlier a lot depends on how proactive your LL is and in turn whether the management company are prepared to look at solutions or just put up notices that shift responsibility to the users of the parking spaces within the compound.
    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

    2017-32 2018 -33 2019 -21 2020 -5 2021 -4 2022
  • sevenhills
    sevenhills Posts: 5,838
    First Anniversary Name Dropper First Post
    Forumite
    I do feel that a constructive polite conversation with your LL might be in order.


    I have not seen the layout of the flats in question; but I cannot see why a landlord would be responsible for "an ornament has fallen out of one of the flat window".
    It would be the responsibility of the tenant that put the ornament on the window, and over the edge.
  • NeilCr
    NeilCr Posts: 4,430
    Name Dropper First Anniversary First Post
    Forumite
    chris_bl wrote: »
    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.

    Nor would I. And, if I did leave something there I'd accept the responsibility as the flat owner/tenant did in this case.

    As you say it's basic common sense. I can't see how this is down to the ManCo. They didn't build the flats nor did they place the parking spaces. It's clearly down to the flat owner/tenant who did, something, not very sensible. ManCo can't legislate/insure for that.

    We have pretty much the same set up. We have one space per flat/house so someone is always going to have a parking space under (in our case) a house window. As a director if something happened emanating from the house on to the parking space I'd be looking directly at that house owner.
  • BanjoBob
    BanjoBob Posts: 14
    First Post First Anniversary
    Forumite
    NeilCr wrote: »
    Nor would I. And, if I did leave something there I'd accept the responsibility as the flat owner/tenant did in this case.

    As you say it's basic common sense. I can't see how this is down to the ManCo. They didn't build the flats nor did they place the parking spaces. It's clearly down to the flat owner/tenant who did, something, not very sensible. ManCo can't legislate/insure for that.

    We have pretty much the same set up. We have one space per flat/house so someone is always going to have a parking space under (in our case) a house window. As a director if something happened emanating from the house on to the parking space I'd be looking directly at that house owner.
    I agree with this, but my concern is that in my case there are maybe 6 or 7 floors of windows above, so if it happened again, it could be that no one comes forward and that I couldn't determine who did it.

    There was another point mentioned about a dash cam, which although it could work, perhaps it wouldn't be triggered or night time might result in nothing being picked up.

    I probably am going to try and find a way to park somewhere else as the best option to eliminate the risk, but i was interested if there was any consensus that ManCo should be responsible in some way for a solution.. it was perhaps a stretch!
  • davidmcn
    davidmcn Posts: 23,596
    Name Dropper First Anniversary First Post
    Forumite
    edited 9 July 2018 at 8:10AM
    chris_bl wrote: »
    i was interested if there was any consensus that ManCo should be responsible in some way for a solution.. it was perhaps a stretch!
    I'll just join in with the chorus that they don't have any responsibility - it's the fault of whoever put the ornament in a stupid place (who may of course have insurance covering them against claims by you).
  • AdrianC
    AdrianC Posts: 42,189
    First Anniversary Name Dropper First Post
    Forumite
    chris_bl wrote: »
    My questions are:
    - Should the flat building management company have insurance to cover such costs?
    No, but the flat's leaseholder probably should.

    - 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?
    What on earth do you want them to do? Superglue that flat's windows closed?

    - Since I rent the apartment with a space, should the landlord do something or have some future responsibility?
    No.
  • need_an_answer
    need_an_answer Posts: 2,812
    First Anniversary First Post
    Forumite
    edited 9 July 2018 at 7:51AM
    sevenhills wrote: »
    I have not seen the layout of the flats in question; but I cannot see why a landlord would be responsible for "an ornament has fallen out of one of the flat window".
    It would be the responsibility of the tenant that put the ornament on the window, and over the edge.

    There was nothing in any of my replies that suggested the LL of the property would be responsible for the ornament or indeed anything falling from a neighbouring flat.

    BUT the LL is the owner of a property within a complex that is rented to a tenant who has had damage caused by a situation.

    if THE LL who is a leaseholder wants to bring up the fact to the management company and or indeed his fellow leaseholders he/she is perfectly entitled to. Not I agree with a view to obtaining any compensation or seeking any responsibility from the management company but simply to advise them that there is the potential for this to be classed as a risk.


    It may have been pointed out on a risk assessment report previously but its unlikely.although not every risk assessments is mentioned in a report its a good starting point for management companies to act on going forward and it would be something that if bought up at for example the AGM would become documented as a point for discussion going forward.

    I understand that a risk assessment should be carried out by the management company every 2 years so the OP COULD be able to ask his LL if any such matter was picked up previously in the most recent reports.

    The management company may be very receptive and look at prevention in the form of netting or whatever or they could as I said earlier just put up signs saying parking is at your own risk.

    The purpose of management funds held by the management company is never to provide compensation for damage it is to provide maintenance throughout the complex.

    Netting could be seen as maintenance and prevention but if it is responsibility and compensation the OP is seeking it would not come from the management sinking funds.

    That is why I still think that a polite chat with the LL may be in order for the OP going forward.
    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

    2017-32 2018 -33 2019 -21 2020 -5 2021 -4 2022
  • steampowered
    steampowered Posts: 6,176
    First Anniversary Name Dropper First Post
    Forumite
    Unfortunately there is a risk of a car getting damaged no matter where you park. That's just part of life.

    A tree might fall down onto your car. Or the car parked next to you might hit your wing mirrors on the way out.

    The ManCo might be liable if they were aware of the risk and there was an easy fix they failed to carry out. But in this situation I don't see what the fix could be. The ManCo can't force people to glue their windows shut.

    Its just part of life unfortunately. If you can identify the culprit that's great, but otherwise you have to claim against your own insurance.

    This sounds like a scenario which is very unlikely to repeat, so I think you shouldn't worry about it.
  • need_an_answer
    need_an_answer Posts: 2,812
    First Anniversary First Post
    Forumite
    edited 9 July 2018 at 9:08AM
    OP could you clarify something regarding your opening post?


    Is the neighbouring property part of the complex or owned separately?



    If its part of the complex I think you have every right to go back to your LL and ask them to raise the issue with the management company/directors. I do agree with others who say no one can force a nothing on window sill rule or glue your windows shut but they may wish to consider either some barrier/netting or at the least the sign approach just to cover themselves.

    IF its part of the same complex and its a big if there may be something in the head lease that stipulates the window opening restrictors are used on higher floor flats,this is usually sufficient to prevent anything falling from them!

    As the tenant you wont automatically have access to the head lease but there is nothing stopping you asking your LL who is the leaseholder if there is anything mentioned in the lease...it tends to be more so in newer developments rather than older ones and would only apply to those properties that were in the same same complex,


    It would be a lot less enforceable or challenable if the neighbouring property is not part of the complex in which you rent.(pretty much a non starter I'm afraid)


    I am the director of a management company(not managing agent) and we do need to act on items bought up either via AGM from leaseholders or via reisk assessment reports.

    A lot of the time things are common sense and actually you make your own personal risk assessment each time you do something ie its your choice to park in your allocated parking space.

    However on a recent H&S risk assessment our complex was flagged as not having a grit bin.Most of the residents deemed it a waste of management funds (the complex has survived 10 years without one) but one needed to be provided and kept full. There no requirement for anyone to spread grit if the conditions warrant it simply that is it placed there so that the individual has the choice and it exonerates the management company from any claim for injury.

    That's why I also believe the management company may wish to consider some signage....
    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

    2017-32 2018 -33 2019 -21 2020 -5 2021 -4 2022
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.4K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards