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Hi All,
I just wanted some legal advice on where i stand and where liability lies based on UK law.
The scenario is:
1. I own a flat within a large building of flats
2. there is a management company that manages the building and shared spaces RMG https://www.rmguk.com/
3. Due to Cladding needing to be replaced on the building it was arranged with government grant to remove and replace the cladding
4. It was stated (however im looking to see any evidence of this) that all flat owners were notified that for a certain couple days that all windows were to remain closed within all flats at the building
5. they also stated (im again looking for evidence of this) that all windows had a sticker added to the window to remind tenants to not open windows during a time period in which they will be starting and completing the cladding work
6. it seems our tenant left the window open during this time and the cladding contractor when moving down the building with an outside lift squashed and subsequently smashed the window and damaged the window frame of my flat
Im my short discussions via email about the incident to that management company (which was a customer service rep) they stated that as notice had been given via flat owners notice board and stickers on windows (i'm searching for evidence of this), it was no longer their liability or that of the contractor doing the work and only said any complaint we would have to take it up with the contractor.
My query is whom is liable in this scenario? i feel surely i can't be liable to pay for the damages to my flat for work conducted by a business to replace cladding and just because they left a note means they can do whatever damage they want to peoples flats?
I'm conscious i want to take this further however want to have an understanding that im not chasing something in which I no longer have a legal right to?
and if so how would i best go about this that would encourage the management company to resolve this?
Thanks for any help.
Andy
I just wanted some legal advice on where i stand and where liability lies based on UK law.
The scenario is:
1. I own a flat within a large building of flats
2. there is a management company that manages the building and shared spaces RMG https://www.rmguk.com/
3. Due to Cladding needing to be replaced on the building it was arranged with government grant to remove and replace the cladding
4. It was stated (however im looking to see any evidence of this) that all flat owners were notified that for a certain couple days that all windows were to remain closed within all flats at the building
5. they also stated (im again looking for evidence of this) that all windows had a sticker added to the window to remind tenants to not open windows during a time period in which they will be starting and completing the cladding work
6. it seems our tenant left the window open during this time and the cladding contractor when moving down the building with an outside lift squashed and subsequently smashed the window and damaged the window frame of my flat
Im my short discussions via email about the incident to that management company (which was a customer service rep) they stated that as notice had been given via flat owners notice board and stickers on windows (i'm searching for evidence of this), it was no longer their liability or that of the contractor doing the work and only said any complaint we would have to take it up with the contractor.
My query is whom is liable in this scenario? i feel surely i can't be liable to pay for the damages to my flat for work conducted by a business to replace cladding and just because they left a note means they can do whatever damage they want to peoples flats?
I'm conscious i want to take this further however want to have an understanding that im not chasing something in which I no longer have a legal right to?
and if so how would i best go about this that would encourage the management company to resolve this?
Thanks for any help.
Andy
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