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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi,I own a shared ownership. The housing association owning

Customer Question

Hi,

I own a shared ownership. The housing association owning the freehold of the property also manage the building.

In february we wrote to the management agency asking for the property to be secured as a gang of youngster vandalised the communal areas, also we requested to disable the trade button as the young people use it to enter the building during the day.

As per today (3 months on) they have not done anything, I raised a complained which was dismissed and a second complaint has been raised recently and I am waiting to hear back from them. In the meantime post has been stolen and a bike was stolen from the building.

Can the management company be consider liable for failure to action, as we requested the building to be secured several months ago and nothing has been done to date? What can we do next.
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Would I be correct to assume your lease contains a provision that the landlord maintains the common parts in reasonable repair please?

Josh-2010 :

Are there any specific provisions relating to security in the lease?

Josh-2010 :

On what grounds have your complaints been rejected?

JACUSTOMER-4kvlbmhd- :

yes you are correct that there is a clause about landlort maintaining commons area in reasonable repair state. I am not sure if there is any provision on security of the lease.

JACUSTOMER-4kvlbmhd- :

and about your last question, no the complaint has not been rejected it has been ignored and not act uppn.

JACUSTOMER-4kvlbmhd- :

something else it might be relevant is that we involved the police in February as the young people entered the building almost on a daily base. We did inform the building manager emailing her a list of action to be taken to secure the premises but nothing has been done to date.

Josh-2010 :

Thanks. There was a big case that went to the house of Lords in the matter of Liverpool City Council Respondents v Irwin and Another Appellants in which it was decided by the court that in the absence of a specific term being present in a contract (here the lease) such a term will be implied into the contract where it is necessary to do so.

Josh-2010 :

If the landlord is responsible for maintenance of common parts then it follows that they must provide adequate and appropriate security for the same and such a term can be argued to be implied into the lease by virtue of the above decision.

Josh-2010 :

Rather than go to court to resolve the matter there is a more cost effective solution available to you. Under the same initially your recourse is to complaint to the HA as you have done. If you are not satisfied with the outcome of the complaint, you can refer your complaint to the Housing Ombudsman

Josh-2010 :

The Ombudsman will decide whether it will investigate your complaint. The Ombudsman may ask you to answer questions as well as the HA. The Ombudsman will then make a decision. The Ombudsman can ask the HA to review its decision and also award you compensation if it finds in your favour.

Josh-2010 :

Is there anything else I can help you with?

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

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