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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20371
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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building management company let a third party contractor in

Resolved Question:

Summary


Renting a property and the building management company let a third party contractor into my apartment without telling me, was left unsupervised in my apartment  taken washing machine for repair. 


technically i think its trespassing and removing the washing machine removal of a convenience I'm paying for (Washing machine will be missing for 7 days, hopefully no longer).


 


What should I do?


Should I sue? 


 


 


Specifics


I am a tenant in a building run by a management company, I reported that the washer/drier in my apartment was faulty (drier function didn't work, but other than that, it worked), man came out to look at it and said will need to take it away and test it to try and fix the fault; this was about a month ago.


 


I returned home on Monday 15th July to find that my washing machine was gone. So for a few days I fumed about the fact that someone had been let in to my apartment without permission, not to mention the inconvenience of not having a wishing machine. I was extremely busy at work so I just got on with it. On Thursday morning I finally got hold of the concierge, who’d been away Monday to Wednesday and he couldn't believe I hadn't been told of the removal and the fact that I now had no washing machine. So concierge contacts the management company and the management company sends me an email saying that they sent me an email on Friday 12th informing me of the removal. I checked and rechecked my account and I couldn't find it so it hadn't arrived.


 


The person that was in my apartment is a third party contractor.


 


I've sent the management company an email stating my concerns I will be contacting the landlord via email over the weekend.


 


What to do next? I obviously don’t want unauthorized persons in my apartment again and I have been majorly inconvenienced by the absence of my washing machine (I do a lot of sports during the week and have had no clean clothes to use so have done none!).

Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
You havent suffered any loss so there are no grounds to sue. It is actually trespass, but trespass is only actionable if you suffer loss. in any event the costs would far outweigh any benefit.
You can apply to court for an injunction to stop it happening again. The court fee is £175 and hearing fee another £200.
If this only happened once, expect the judge not to have much sympathy for sucha minor problem.

I am sorry, I appreciate that this isnt the answer that you want but there is no point in me misleading you. I have a duty to advise you truthfully even if that is unfavourable

Does that answer the question? I am happy to answer specific points.

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Customer: replied 1 year ago.

Thanks for your reply.


 


People being let in to my rented property without permission was the most concerning for me and this cause me to rage for a couple of days, that they could let a third party in without recourse is annoying, i just don't want it to happen again. I will be informing the landlord of what has transpired and that the management agent has broken the law and i will stop there as I suspected and you have confirmed, it would cost more than it was worth to pursue.


 


The loss that effected me was the washing machine.


 


The issue with the washing machine has cause me problems, I was helping someone move house the weekend before so had done no washing, therefore I had very few clean clothes, so the timing could not have been worse,also play squash, played on Tuesday with my last clean kit and was intending to play on Wednesday Thursday and Friday but had no clean stuff. This time of year is also the busiest time at my work place, so the pressure i have been under with no sporting release is why i was trying to see if i could make the company realize that they have messed with my life. i have been extremely cranky all week, and I have to stop myself thinking about the hole situation otherwise i do get quite angry about it.


 


If they had just let a workman in to do some maintenance I would have just written a stern letter most likely and not sought legal advice, however returning home every night and seeing the hole where the washing machine used to be, trying to find clean clothes every night and wondering what will go missing next.


 


Epilogue


I'll inform the landlord (cc in maintenance company) of what has happened, of the trespass, of my displeasure and the inconvenience I have been put to.


 


Then I'll leave it at that. Is this what you would do?


 

Expert:  Stuart J replied 1 year ago.

Yes, I would do just that. Remove the emotion. Short, sharp, to the point. Tell him that he is in breach of covenant for quiet enjoyment and that if he does it again you will consider your options. Leave it at that.

If he did it regularly, you can apply to court for an injunction, and court costs, to make him stop. It isnt worth it just for once.

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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20371
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Property Law Specialists are ready to help you

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