Burglary - Management Company Liable

[JunHse]

Hello,

I hope you can help with advice on the following:

I am a resident in a block of apartments. All residents pay a monthly fee to a Management Company. The Management Company, as per the lease, are responsible for the upkeep of communal areas etc.

On the 20th of September, the Management Company were informed that the lock to the Bike Store had been compromised, thus it was now insecure. They were informed via phone by a resident.

A week later the same resident noticed that the bike store lock hadn't been fixed. This exposed numerous bikes worth £100s at risk. An email was sent to the Management Company enquiring as to why the lock hadn't been fixed. An email was sent from Management Company to this resident asking them for the Development Name.

All emails have been kept.

Logic says that the Management Company should have been able to ascertain the address and development name from the email from the resident.

At no stage did the Management Company send an email to residents, letter to residents, or contact a resident via the phone to ask that a note be placed on the communal board advising of the broken lock. If this had been done, residents could have removed bikes to apartments until secure.

Sadly, 3 days after the email from the Management Company, the bike store was burgled and 4 bikes worth hundreds were stolen. Locks cut and sawn off etc.It was only the day after that residents were told of this break in and property had been stolen.

The burglary was reported to the Police and Management Company yet it still look the management company a further week to replace the lock.

My question is it, The Management Company are responsible for all communal areas including the bike store.

I have asked them to pay for a new bike or cover insurance excess but they will not engage.

Surely they are negligent in their duties as they failed to inform residents of the break to the lock.

Any advice on how to proceed would be greatly appreciated.

Thanks

[Caspar]

Re: Burglary - Management Company Liable

I think you will need to go through the small print with a fine toothed comb to find out whether or not they are liable.

I understand that a lock on the door would have acted as a significant deterrent, but you say in your post that locks were cut and sawn off. It sounds a pretty determined attack, and one wonders whether a lock on the door would have been sufficient deterrent to move them on to easier prey.

[leclerc]

Re: Burglary - Management Company Liable

I'm not sure they are negligent depending on the information provided, their responsibilities with regards to informing people of the broken lock. BTW, if you were aware of the lock being compromised, I would definitely not have left the bike in there if I had any worries that it might be stolen.

How I took on my insurers over a stolen bike - and won | Mark Tran | Environment | guardian.co.uk

Interesting article above from the Guardian albeit your circumstances might be slightly different with regards to the locking of the bike.

[JunHse]

Re: Burglary - Management Company Liable

Hello,

The victims of the burglary were unaware that the lock had been broken.

The resident who had informed the Management Company had left the country on holiday prior to residents being informed.

The management company made no effort to contact residents.

The management company also stated last Christmas that they would install dummy cctv cameras and cctv signage as a deterrent but it was never installed. All documented.

[leclerc]

Re: Burglary - Management Company Liable

Hello,

The victims of the burglary were unaware that the lock had been broken.

The resident who had informed the Management Company had left the country on holiday prior to residents being informed.

The management company made no effort to contact residents.

The management company also stated last Christmas that they would install dummy cctv cameras and cctv signage as a deterrent but it was never installed. All documented.

What does their contract with you state? Were you aware in advance of the theft that the lock was broken?

Have you claimed on your insurance?

[JunHse]

Re: Burglary - Management Company Liable

No, was not aware of the broken lock and the insecurity.

On the 20th of September, the Management Company were informed by a resident that it was broken. This resident took his bike from the store and then left the country on holiday and contacted the management company on route.

The resident was unable to tell other residents.

On the 27th, the resident contacted the management company and asked why it had not been fixed. The resident received an email from the management company the following day.

Two days later, the bike store was entered and the bikes stolen.

It was only the following day that another resident found the store empty and contacted other residents.

The police and management company were immediately informed.

It this took the management company a further 1o days to place a replacement lock on the bike store.

Ideally I dont want to claim on insurance due to future premiums. The management company are complicit for having knowledge of the insecurity and failing to act in any capacity.

[leclerc]

Re: Burglary - Management Company Liable

No, was not aware of the broken lock and the insecurity.

On the 20th of September, the Management Company were informed by a resident that it was broken. This resident took his bike from the store and then left the country on holiday and contacted the management company on route.

The resident was unable to tell other residents.

On the 27th, the resident contacted the management company and asked why it had not been fixed. The resident received an email from the management company the following day.

Two days later, the bike store was entered and the bikes stolen.

It was only the following day that another resident found the store empty and contacted other residents.

The police and management company were immediately informed.

It this took the management company a further 1o days to place a replacement lock on the bike store.

Ideally I dont want to claim on insurance due to future premiums. The management company are complicit for having knowledge of the insecurity and failing to act in any capacity.

.....but why would they pay out if you have not at least gone through your insurance and them saying that the company are liable for the theft? The company may state that as it was a non urgent job that it was in the process of being fixed at the time the issue was brought to them and therefore they are not liable. Does your contract with the management company state anywhere about informing clients/residents about damage to a communal store?

[Caspar]

Re: Burglary - Management Company Liable

Again I'm with Leclerc. Read the first sentence of my reply in post 2!

[JunHse]

Re: Burglary - Management Company Liable

The lease states that they are responsible for upkeep and repair etc.

[Caspar]

Re: Burglary - Management Company Liable

Are any time limits specified, or is it left this vague?

[JunHse]

Re: Burglary - Management Company Liable

There are no time scales issued. However, the fact remains that no attempt was made to contact residents to warn via email / phone or post.

If that had been done then property could have been stored elsewhere.

[Caspar]

Re: Burglary - Management Company Liable

TBH I think you need to go to your house insurance. I would be incredibly surprised if the Management Company has any obligation at all to write to residents to inform them of faults of this nature.

[leclerc]

Re: Burglary - Management Company Liable

There are no time scales issued. However, the fact remains that no attempt was made to contact residents to warn via email / phone or post.

If that had been done then property could have been stored elsewhere.

Have you asked the Management company the question and what have they responded?