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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9806
Experience:  I have been practising for 30 years.
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I need a legal advice related with a situation with my

Resolved Question:

Hi,I need a legal advice related with a situation with my letting agency.I am living in my current house more than a year. 2 months ago my garage door lock has been broken and immediately i have reported to this my letting agency.
And i have an confirmation email from them but it hasn't been resolved until now although i have contacted 2 more times before following incident.Past few weeks i have a guest who is also my friend is living in my house for temporarily before moving his permanent place.
And this Monday his bike has been stolen from garage although it was securely locked. So we believe part of responsibility of this theft belongs to letting agency.
I have contacted with agency and they haven't accepted any responsibility.
After this i have contacted with CAB they have told that we can go court for claiming cost of bike.
And they have also told that part of responsibility of securing bike belongs to owner since we knew that garage door is broken.
They have also adviced that even we win in the court against agency they might not pay the cost of bike.for this situation i need an advice for following,
I believe both agency and my guest has responsibilites and although my guest has no direct connection with agent. He is indirectly affecting from this situation.
So i believe that he should go court for claiming cost of his bike with my witness(which i am happy to do this) with email proof that door wasn't repaired for a long time.
Can he go court with these conditions independent from court final decision?Many Thanks
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Hello - what did the email from the letting agent say about this lock please?

Customer: replied 1 month ago.
Hi,they have online house related request systemhttps://tuckergardner.fixflo.com/Auth/HomeIssueCreatei have created through this first and i have received confirmation email with issue id and pdf document. Confirmation email also stated that anything related with house security needs to be done in 24 hours.When i have contacted with my letting agency they have refused my phone calls but they have only interested in this confirmation email so it felt me that they are thinking this as a evidence.Thanks
Customer: replied 1 month ago.
i can also send this email and pdf document if you like to view. and date of creating this issue is 24 August.
Expert:  F E Smith replied 1 month ago.

Thank you. I agree with the advice you have been given by CAB that you are at least partly responsible because you did indeed, and you admit, know that the lock was faulty.

However there is no contract between either the landlord or the agent and the guest, any claim that the guest has is against you and you potentially have the right to offset that by bringing in the landlord a second defendant for failing to repair. At this point, you need to be careful because replacing landlord’s fixtures which have come beyond use or broken, is usually the responsibility of the tenant so in the majority of tenancy agreements, this would actually be your liability. You would need to check your tenancy agreement.

The problem you have in bringing a claim regardless is, as you say, you have email proof that the door wasn’t prepared for a long time and yet, you went ahead and let your lodger your put this bicycle into the garage which you knew wasn’t secure. For that reason, I’m not convinced that a claim would succeed. I think a claim by the lodger against you may succeed but whether that did not would also depend on whether the lodger new that the lock was defective. It would also depend on who is liability it is noted in the tenancy agreement.

.Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat you. You are you, a place you say you are you so less you are The head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 1 month ago.
Thank you for your answer. Just few things to clarify,My guest(lodger) was fully aware that garage lock is broken but he used his bike lock inside the garage.
so can he still claim against me?
Expert:  F E Smith replied 1 month ago.

In my opinion, if the lodger was aware that the garage lock was broken, then this comes completely down onto his toe for not making the bicycle secure by chaining it up to something which was immovable.

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