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  • FIRST POST
    • BanjoBob
    • By BanjoBob 8th Jul 18, 6:48 PM
    • 12Posts
    • 0Thanks
    BanjoBob
    Renting a flat - damage to car in parking - responsibility?
    • #1
    • 8th Jul 18, 6:48 PM
    Renting a flat - damage to car in parking - responsibility? 8th Jul 18 at 6:48 PM
    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.

    Im 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 wont 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?
Page 2
    • need an answer
    • By need an answer 9th Jul 18, 9:23 AM
    • 830 Posts
    • 993 Thanks
    need an answer
    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....
    Last edited by need an answer; 09-07-2018 at 10:08 AM.
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    • InterestedParty2018
    • By InterestedParty2018 9th Jul 18, 9:32 AM
    • 86 Posts
    • 52 Thanks
    InterestedParty2018
    It is my view that it is impossible to eliminate (or insure) against every risk.

    I appreciate that others have concern that this ornament could have fallen on a person. However, this could be said for almost every window in the world which has an opening at low level!

    My suggestion would be ensure your direct landlord is aware of the incident, and ask that he raise the matter with the M/A. It may be common sense to most, but maybe a circular to residents to inform them of the incident, and to make all reasonable endeavours to ensure non-fixed items are not left directly in front of an open window. (Children, pet, gust of window, curtain.... any of these could easily knock something over.)
    • need an answer
    • By need an answer 9th Jul 18, 9:44 AM
    • 830 Posts
    • 993 Thanks
    need an answer

    My suggestion would be ensure your direct landlord is aware of the incident, and ask that he raise the matter with the M/A. It may be common sense to most, but maybe a circular to residents to inform them of the incident, and to make all reasonable endeavours to ensure non-fixed items are not left directly in front of an open window. (Children, pet, gust of window, curtain.... any of these could easily knock something over.)
    Originally posted by InterestedParty2018
    and from a risk view that is all that is needed to deem the risk actioned by the management company.

    However its more tricky to do if the offending flat is not part of the same
    complex and communal areas are much easier to deal with than private areas(those belonging to the leaseholder) I assume the parking space is owned by the leaseholder.
    Last edited by need an answer; 09-07-2018 at 9:48 AM.
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    • BanjoBob
    • By BanjoBob 9th Jul 18, 8:17 PM
    • 12 Posts
    • 0 Thanks
    BanjoBob
    OP could you clarify something regarding your opening post?
    Is the neighbouring property part of the complex or owned separately?
    Originally posted by need an answer
    Yes, it's part of the same complex, so i've indeed asked my LL to raise it. Risk assessment is a good idea I hadn't thought of. If they then decide a circular of signage is fine.. so be it.
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