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....
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.
Did you get my response to the question above - i cant seem to locate it in the trail?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).