Thursday 24 April 2008

Legal action and questions.

Something happened last night to my flat mate that has started me to think about taking legal action against the freeholders of the block I live in. While the landlord has a lease on the property, he cannot be directly responsible for the issues of (i) adequate lighting, that isn't turned on til about 9pm and secondly the lack of security to the stairs of our building, as it does not have a security door and is open to anyone to walk up and down thus a the main problem.

I'm writing to the housing association directly, and I assume that they do have a duty of care to maintain the building and insure that it is of a reasonable standard that would make it safe for its tenants. I'm hoping that my choice of words and rhetoric will establish that I am not pussy footing around, however if they write back and say as they did on the phone "we'll get the caretaker to sort it out" I shan't be happy. My friend was assaulted and this wouldn't have happened if (1) the lights had been on, (they periodically dont work and come on at different times) (2) there was either CCTV on the stair case, or a security gate like other buildings that the housing association runs have.

I know a bit from tort about duty of care etc and actions for negligence, my friend is considering taking action because I suggested that there may be a duty of care that has been breached, and other comments from other people, I know this may be of a "sueing nature" but really something actually has to be done about it. So I'm wondering about the options of supporting my friend, even if it means carrying out the litigation myself!

Any points or comments would be most appreciated, my email is up on the left if it's too long to comment.

9 comments:

Mel said...

I'm guessing from your pseudonym that you're at a London Uni? Try the ULU (I think) Housing Association people (don't know the exact name). A friend recently had some issues and they were helpful. Or the CAB are always a good bet, if you can actually get seen.

I think generally, you have to be very careful about using legal knowledge in an 'in your face' kind of way- you have to really know your stuff for a start, and not come across too litigious to start off with because I think that puts people's backs up. Like your mother always said, more flies with honey etc!

Although I can see that in this case you do want to make it clear that something has to be done. Do you have the support of other tenants in the block to kick up a fuss about it? I imagine it would help if you can present a united front.

Mel said...

Oh and sorry to hear your flat mate was assaulted, of course! Are they ok?

Lost said...

Yeh they are fine.
I'm leaving it to the landlord to complain about it, sounds more official.

Thanks anyway Mel :)

Bar or Bust said...

I think that problem that you may have is does the landlord owe a duty of care for the actions of others?

If he had tripped down the stairs in the dark then possibly there is a case, but does he owe a duty to stop your friend being beaten up?

I suppose it could be couched in terms of 'there is a duty to mantain a security gate to the property to stop trespassers coming in. The landlord failed in his duty to do this and as a result the trespassers did come in and assault your friend.' If this is accepted you don't have to worry about novus actus intervenus. The case most applicable is probably Stansbie and Troman where a painter left the door open and a burglar came in to the house.

I hope that your friend is ok. How is the revision coming?

Lost said...

Revision is slowly retarded, haven't nearly done enough, and the flat mate issue is causing a few problems, as they are now moving out, so I have to find a new flat mate over exam period too!!!

Thanks for the info, but don't think the landlord can be held responsible, as the housing association is responsible for lighting and maintaining the stairs.

Not sure of legal action yet, but its certainly come at very bad time!

Mr Pineapples said...

Hey Drunk London Law Student.

Mr P has just remembered your existance...He did forget all about you ....and apologises for ignoring you...it was not intentional.

But here I am to insult and mock you once again.

You big fat drunken law student.

Put down the beer can - lardie - and get on with some work.

How's that?

It's great to be back.

Anonymous said...

Not straightforward.
1. Depends on the nature of your landlord's lease - is it for the whole building? Who has repairing liability for the communal areas?
2. If it is the freeholder, it is the leaseholder who can take action under the lease.
3 Depends on the nature of your tenancy agreement and inclusion of use of communal areas.

I'd suspect it would be possible for the tenant to bring a disrepair claim against the leaseholder for the lights not working (but only if they are broken and have reported and have not been repaired). It is then the leaseholder's problem to take up with the freeholder.

The lack of security/CCTV etc.? Bluntly, you are out of luck. You (and the leaseholder) rented as-is and there is no duty to make improvements. There is no duty of care that would cover this, sorry.

Anonymous said...

Or rather, unless security door and and cctv were specified in the tenancy, there is nothing you can do.

Lost said...

Thanks Nearly Legal.

I've heard a lot of things as being "as is" its a shame really.
The freeholder is responsible for the communal areas such as the hall ways etc, but the lights weren't reported as broken etc.

Cheers anyway :)