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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5381
Experience:  Solicitor
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An essential repair has not been done to a flat for months

Resolved Question:

An essential repair has not been done to a flat for months by the management/letting company and the flat was therefore not let for over five months. This resulted in a considerable loss of rental income.
The management contract was signed prior to the conversion of a block of offices to flats. It turns out the management contract is not with the main management/letting company but with a subsidiary (they create a subsidiary for each one of their buildings). The subsidiary does not have income/ money in their account but the large actual management and letting company does. If I take this to court would the court be able to order the mother company, which has money in their account to pay compensation?
Which court, or the ombudsman?
it is a clear case of negligence
Submitted: 3 months ago.
Category: Law
Customer: replied 3 months ago.
With the same company there was a non repair to a second flat (negligence) which lost three months of rent, can both case be presented together
Am I correct in thinking that there is a two year window to present this case in court?
Expert:  Jamie-Law replied 3 months ago.

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

Does the parent company have a contract at all for management of flats?

Customer: replied 3 months ago.
They manage all the flats in the building.
In my original contract (signed pre-development) I agreed for a two years management contract from the time of completion which included the letting.
When the two years expired I moved the letting to another agent which also manages problems within my own flats but Fortis are the managers of the whole block appointed by the new freeholder
Expert:  Jamie-Law replied 3 months ago.

Ok. So is it the sub company named on the contract or parent?

Customer: replied 3 months ago.
I was told its a subsidiary I was told all their buildings have a subsidiary company!! but the subsidiary company does not have money so my main question was - will the court say that Fortis has to pay due to (very clear) negligence or not as on my contract on paper is not with them the name Fortis does not appear on my contract
Expert:  Jamie-Law replied 3 months ago.

Unlikely. You need to get a copy of the contract and you can request it under part 31 of the civil procedure rules.

But you can only bind a party who is party to a contract. The parent company may not be - if that is the case you can sue them directly. They have no locus or standing.

It can only be a party to the contract.

But get a copy of the document then you know where you stand.

Can I clairfy anything for you about this today please?

Customer: replied 3 months ago.
In my contract there is a reference to compensation regarding actions of their appointed agents (up to a limited amount).
Does this help understand the situation?
Expert:  Jamie-Law replied 3 months ago.

That may assist, yes.

Does that clairfy?

Customer: replied 3 months ago.
Does this clarify the situation?It says in the agreement2.d. subject to conditions 2.b and 2.c2.b. All warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded from the Agreement.
and 2.c.
2.c Nothing contained within these conditions limits or excludes the liability of the manager.
i. for death or personal injury.............
ii. for any damage or liability incurred by the Owner as a result of fraud or fraudulent misrepresentation by the Manager2.d. subject to conditions 2.b. and 2.c. The manager's total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Agreement shall be limited to the amount agreed to be paid by the Manager to the Owner during the initial term under clause 3 (which is £6,800)
Expert:  Jamie-Law replied 3 months ago.

Thanks. I don't think this makes the parent company liable. But you should still get the contract.

Does that clairfy?

Customer: replied 3 months ago.
Just to make sure I understand- you are under the impression its the subsidiary who would be responsible
and should this be the case -and I can see on the internet they have no money - no point in taking it forward?The contract I need to request - is that from the subsidiary or from the parent company?ps the parent company offered me a small amount of compensation and I ask them to reconsider. In high management meeting it was decided to offer nothing!!
Expert:  Jamie-Law replied 3 months ago.

You need to see who signed the contract to manage the property. It would be that company who would be liable.

Does that clarify?

Customer: replied 3 months ago.
okSo can I go back to my original question -1. is there any court or the ombudsmen who can make them pay as there is money in the parent company2, exactly which contract do I need to apply for?.
Expert:  Jamie-Law replied 3 months ago.

1. No. There is no locus. No contract with parent co.

2. As I have previously indicated you need the contract between the sub company and whoever appointed them to manage the block.

Does that clarify?

Customer: replied 3 months ago.
the sub company does not manage the block its the parent company who manages
the sub company of the parent company is just a piece of legal paper
Expert:  Jamie-Law replied 3 months ago.

Maybe, but it's legal. The sub company is an entity in its own legal right. That is why you need to make sure you get the right one. Who do you pay the fees to, parent or sub?

Customer: replied 3 months ago.
every thing to the parent when I terminated the agreement it was posted to the sub and reached the parent!
Customer: replied 3 months ago.
I am surprised this can happen, its totally legal fraudulence
Expert:  Jamie-Law replied 3 months ago.

Ok thanks. So if you pay the parent company you can sue them.

You need to write and set out your losses and request a refund of those losses within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
wow so last question
The loss of rent started in December 2015 am I right in thinking that as it is under two years I can still sue? i.e. can sue up to two years?
Customer: replied 3 months ago.
oh sorry one more - I lost rent on two flats due to their negligence - can I bundle the two in one court case
Expert:  Jamie-Law replied 3 months ago.

Yes, you have six years to bring a claim and both flats should be in one claim.

Does that clarify?

Customer: replied 3 months ago.
Thank you so much.
Sorry it was so lengthy
best wishes
rivka
Expert:  Jamie-Law replied 3 months ago.

All the best Rivka. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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