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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5582
Experience:  Solicitor
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I RENT LAND OF A AGRICULTURE SOCIETY,WHO IS RESPONSIBLE FOR

Customer Question

I RENT LAND OF A AGRICULTURE SOCIETY,WHO IS RESPONSIBLE FOR THE MANHOLES ETC ON THE LAND.THE LAND IS USED FOR RECREATIONAL PURPOSES AND ONE CLIENT INJURED HIS LEG WHEN THE MANHOLE COVER GAVE WAY.
The client is now claiming damages
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this,

What type of tenancy do you have? Does it say you are responsible for the land?

Customer: replied 1 year ago.
NOT sure can I email you a copy of the lease for you to look at,obviously at a cost
Expert:  Jamie-Law replied 1 year ago.

Yes I can do this -***@******.***

Customer: replied 1 year ago.
FOR THE ATTENTION OF WHO
Expert:  Jamie-Law replied 1 year ago.

Me - Jamie.

Expert:  Jamie-Law replied 1 year ago.

Thanks. I have this - its a 46 page document so I can look all the way through this, but its very long indeed.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Have paid the premium service amount of £167.00.Please proceed to read documents.Obviously the question is who is responsible for accidents etc on the common land not the property.This is quiet urgent as we have a claim pendingREG
GARETH FAIR
Expert:  Jamie-Law replied 1 year ago.

Thanks Gareth, given the length it may take me a day, is that ok?

Customer: replied 1 year ago.
NO Probs,await your thoughtsGF
Expert:  Jamie-Law replied 1 year ago.

Right I have looked all the way through this. Nowhere in the agreement does it say YOU are responsible for this.

You have to keep the property in good repair, but it does not say anywhere that you need to do so in relation to surrounding grounds.

It mentions about keep grass cut etc, therefore on that basis it would be the Landlord responsible for inspection and any claim.

However the agreement also says you should have public liability insurance - therefore you should refer any potential claim on to your insurers. You do not need to deal with this - your insurers will take it off your hands and deal with everything.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Unfortunately we did not take the public liability insurance out in time,so no we did not have any.I thought they would have to have public liability insurance for the land and we had to have it for the property.Is this not correct.
Expert:  Jamie-Law replied 1 year ago.

Sadly not, according to the lease.

Customer: replied 1 year ago.
WAS the man hole cover there responsibility though or ours
Expert:  Jamie-Law replied 1 year ago.

Theirs, as I have said.

Does that clarify?

Customer: replied 1 year ago.
the claim should be against them not us
Expert:  Jamie-Law replied 1 year ago.

Correct. Although if I were them I would claim against you AND them