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Tort Notice

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  • Tort Notice

    Hello,

    Following a recent merger of management companies, I have been issued a notice of Tort (interference with goods) act 1977, for the following goods;

    Slide, swings and trampoline.



    Some background...

    I own a flat on a long term leasehold which also gives me usage of some communal land, which is now managed by a property management company.

    In the original lease agreement initially with the local council (in my parents names who have passed) , it states that this shared land in question is 'retained land'

    The property management company who took over from the council, aided and concreted in the above equipment on the land, and now following a recent merger with another property company, they have gone health and safety mad and I have been issued with this Tort and have been asked to remove these goods within 14 days. Pursuant to the Tort Act 1977 Schedule 1 Paragraph 1.

    And if i fail to take delivery of the goods they are liable to be sold or disposed of in accordance with the provisions of Section 12(2). And i would be charged with the removal of the goods in question.


    Now the issues here is that the property company concreted this in for me several years ago before the merger, and now i have to pay for them to be removed?

    What are my legal obligations here? it seems a bit odd how they can do this. It would be a bit like me renting out a flat to someone, and telling them to come and collect their belongings after concreting them into the floor.

    Thanks for reading.

    Jay



    Tags: None

  • #2
    Hi & welcome to LB.

    It would seem to me that the relevant bit in Schedule 1 is

    1(1)For the purposes of section 12(1) a bailee may, in the circumstances specified in this Part of this Schedule, by notice given to the bailor impose on him an obligation to take delivery of the goods.

    (2)The notice shall be in writing, and may be given either—

    (a)by delivering it to the bailor, or

    (b)by leaving it at his proper address, or

    (c)by post.

    (3)The notice shall—

    (a)specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and

    (b)state that the goods are ready for delivery to the bailor, or where combined with a notice terminating the contract of bailment, will be ready for delivery when the contract is terminated, and

    (c)specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods and which became due before the giving of the notice.
    (The bailor being you)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      These items are yours? and you had permission to place them on the land?
      Were they solely for your children's use or dedicated for communal use?
      Was the concreting done at your request or the council's insistence?
      Any paperwork?

      Comment


      • #4
        Thanks for the replies.

        The council weren't involved, the original lease agreement 40 years ago was with the council and relatives..but a management company took over... i was going to name them, wasn't sure if it was allowed. An Arthurian wizard would be the best clue ... they were the ones who concreted the items in the ground for anyone to use, since it is a communal area but they were mine orignally yes, i kind of donated them really. Certainly won't be contesting ownership.

        Now since they have merged recently with another property management company, its now some huge health and safety risk and they have decided they must now go!

        I have no paperwork as i didn't do anything, they used to be freestanding until they concreted them in for me.

        Seems they are trying to charge me for removal after concreting them in
        Last edited by jayjayuk; 12th June 2019, 10:00:AM.

        Comment


        • #5
          (7)In this section, section 13, and Schedule 1 to this Act,

          (a)“ bailor” and “ bailee” include their respective successors in title, and.....
          https://www.legislation.gov.uk/ukpga/1977/32

          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Depending on what has been said, and what is on record I would be responding by writing to the management company that you had donated the items to the community and that the previous outfit, by concreting them into the ground, had effectively signified their acceptance of the gift as they prevented you removing them if you had wished.
            As you relinquished ownership several years ago you do not understand why they have issued a notice under The Tort (interference with goods) act 1977

            Comment


            • #7
              Who are the actual landowners?
              Does the management co have the required authority to deal with this particular issue?
              (You have every right to see the landowner/property management co contract.....albeit probably a redacted version.)
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

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