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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a house on a small gated development 3 years ago.

Resolved Question:

I bought a house on a small gated development 3 years ago. Originally the automatic gates were triggered by the breaking of a photocell beam; in September the operation was changed to a key fob. Having recently seen the risk assessment carried out for these gates I am not confident that they comply with the Supply of Machinery (Safety) Regulations 2008 or HSE guidelines. Instead of addressing my concerns the developer is threatening to permanently decommission the gates such that they would have to be opened and closed manually ( which has obviously made me very unpopular with my neighbours!). Is that not breach of contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is in your contract/lease/deeds about gates and whether they should be automatic please?Alex
Customer: replied 1 year ago.
The gates are situated on land which is still owned by the developer and is due to be transferred to a management company in which all affected residents (8 of us) will become directors. Other than a generic requirement to keep gates on communal land (if any) in good repair, there is no reference at all to the gates. The gates have been in use for at least 5 years.
Expert:  Ash replied 1 year ago.
Ok - its bad news then I am afraid. Unless there is a specific provision then all that needs to be provided is a set of gates, even if manually operated. If it was a condition that they had to be automatic then yes, you would have a case for breach of contract.But unless the contract says this then even having ANY sets of gates, even manual fulfils that condition.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No - it's as I expected. I should just have reported the gates to HSE instead of trying to convince Barratte to do the right thing.Thanks
Expert:  Ash replied 1 year ago.
Indeed. Sorry its not better news. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
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