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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 4541
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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property management case

Customer Question

Hi, i plan to challenge my management company in court tomorrow. An increase of rodents in the car park has led to severe damage to my car. The refuse area is dirty, the general communal areas are dirty and i believe that i have a case in tort and also breach oc contract. Do i have grounds to sue the management company for their costs plus damages incurred (ie my motor repair costs, which has been proven by Mercedes to be caused by rodents). What do you think? Thanks Sunny


 


Hi, just to add, the company are denying all responsibility and have claimed that there is not a problem, even though they have placed rats traps, and also claimed that no other tenant in the property has made such a claim, even though we know numerous other whom have complained (i have 2 such letters).  They also claim that rats are NOT a health risk (my wife is a Dr btw) and that we should pretty much be quiet. The management company in question shall not be attending court tomorrow. 


 


My line of attack is that i wish to demonstrate that the company are negligent on numerous level, and also show their lack of credibility, again on various levels. 


 


Other issues include small points which in totality amount to negligence....

Submitted: 1 year ago.
Category: UK Property Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX X'X happy to help with your question today.

What evidence are you relying on in support of your case?

What type of rodent has damaged your car?

What is the damage?
Customer: replied 1 year ago.

Hi Alex,


 


Thanks for your message.


 


c£6000 is owed to the management company. I wish to contest the amount in full and counter claim for our costs, all legal costs, and even our time. Wife is a Dr (c£500 day rate) and i work in banking (Legal & Risk), so for example, my day off tomorrow is costing me c£750 for the day.


 


1. We have Mercedes invoice plus notes which confirm that rodents had eaten certain wires and that a rodent nest was found in the engine. (C£2000 costs)


 


2. letters from other residents (its a block of c100 new build flats within the complex) complaining fo the rodent issue.


 


 


3. numerous of our letters to the management company raising this issue


 


4. Copies of letters from 2 others residents complaining about the rodents


 


5. proof of an assault case, as intruders gained access to the roof of the building due to the faulty front door system.


 


In all of this, the management company have stated that they have never had a complaint raised to them about the rodents (lie) and that they have only once had a report of the faulty front door (again a lie).


 


They have also said that they are aware of the rodent issue (contradiction) and have quickly blamed the building across the street...So here, they have in effect acknowledged the issue, also put rat traps down, but at the same time say that have never received a complaint?!


 


I am currently looking through our terms and conditions, notably the minimum standards within the contract that the management company are obliged to meet.


 


I am struggling with case law to use as precedent.


 


I shall push on here, as the court hearing is tomorrow morning. Anything you can help with would be very very much appreciated, especially in terms of my line of attack.


 


The management company's letters are quite far off the truth and i think i can prove that, thus persuading the judging panel to throw the full demand of payment by the management company out of court....Comtempt?


 


Over to you and thanks in advance - i shalll certainly rate your reponse once received.


 


Thanks


 


Sunny

Customer: replied 1 year ago.
Relist: Other.
I have not heard back from Alex yet....And my court date is tomorrow morning!
Customer: replied 1 year ago.

Hi Alex,


 


Did you get my response to the question above - i cant seem to locate it in the trail?

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